Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 12th, 1953 and adjourned December 16, 1953

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday January 12th, 1963 and adjoumed December 16, 1953
1954 LoNGINO & PoRTER, INc.
HAPEVILLE, GA.

OFFICERS

OF THE

HOUSE OF REPRESENTATIVES 1953-1954

FRED HAND ________________________ ------------- ____________________________Speaker
MITCHELL COUNTY

GEORGE L. SMITH, II

_ _ __ _

EMANUEL COUNTY

Speaker Pro Tern

JOE BOONE____________ ____ ____________ ___ _ _
WILKINSON COUNTY

___________ C l e r k

JANETTE HIRSCH __

- -- __

FULTON COUNTY

__ Asst. Clerk

JACK GREEN ___ _

RABUN COUNTY

__ ___ Asst. Clerk

BRITT BACON ---------- _ ___ __ ___ __ ___ _____ Reading Clerk
FULTON COUNTY

MRS. NELL DUNCAN______________ _____ ____ ____ ______ ___Calendar Clerk
FULTON COUNTY

MARION TOMS_________ __ . _____ __

__ ____ _ Doorkeeper

QUITMAN COUNTY

LAWRENCE D. BURKS______ _____ __ _____ ____ _____ ___ ____ Messenger
WEBSTER COUNTY

I I
I I

HOUSE JOURNAL
REGULAR SESSION
Representative Hall, Atlanta, Georgia. Monday January 12, 1953.
The Representatives-elect of the General Assembly of Georgia for the years 1953-1954 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, Georgia.
The following communications from the Honorable Ben W. Fortson, Jr., Secretary of State, certifying the Representatives-elect for the years 1953-1954, were 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
Dear Sir:
I am transmitting herewith the names of the Representatives elected in the general election held November 4, 1952, to represent the various counties in the General Assembly for the years 1953 and 1954, 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

6

JOURNAL OF THE HOUSE,

State of Georgia Office of Secretary of State

I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the four pages of typewritten matter hereto attached contain a true and correct copy of the Mempers of the Georgia House of Representatives elected in the general election held the fourth day of November, 1952, 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 eighth day of December, in the year of our Lord One Thousand Nine Hundred and Fifty-two and of the Independence of the United States of America the One Hundred and Seventy-seventh.

(Seal)

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

MONDAY, JANUARY 12, 1953

7

REPRESENTATIVES GENERAL ASSEMBLY ELECTED IN GENERAL ELECTION NOVEMBER 4, 1952.

COUNTY

NAME

Appling________________________ -------------------------

Curtis L. Hamilton

Atkinson_____________________________________________________________ Waldo Henderson

Bacon______________________________________________________________ __Braswell Deen, Jr.

Baker______________________________________________________________________

John C. Durham

Baldwin__________________________________________________________________ Robert H. Green

Baldwin______________________________________________________________

__Arnold Parker

Banks----------------------------------------------------------------Barrow_____________________________________________________________

Tom Martin Robert L. Russell, Jr.

Bartow--------------------------------------------------- Floyd S. Tumlin

Bartow____

____________________________Troy Upshaw

Ben HilL_____________________________________________________________________________ Denmark Groover, Jr.

Berrien__________________________________________________________________ Argin A. Boggus, Sr.

Bibb....---------------------.--.------------------------------------------------------- J. H. Swindle

BBiibbbb.__--_-_-_-_-_--_-_-_-_-_-_--_-_._-_--_-_-_-_-_--__-_-_--_-_-_-_-_--_-_-_-_-_--_-_-_-_-_-_--_-_-_-_-_--_-_-_-_-_--_-_-_-_- JAonhdnreBw. HWar. riMs,cJKr.enna

Bleckl.ey.______________________________________________________________ Ben Jessup

Brantley____

_________________ Joseph Barney Strickland

Brooks____________________________________________________________________ John E. Sheffield, Jr.

Bryan____________________________________________________________ ___ __W. Roscoff Deal Bulloch_________________________________________ Algie J. Trapnell

Bulloch_______________________________________________________ F. Everett Williams Burke_________________________________________________________________ Porter W. Carswell

BBuurttkse_._._.._-_-_-_-_-_-_-_-_-_-_-_-_-_-_~_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- TB.. WHaartvsoeyn HMoodbgleeys

CalhoUJL

.

_______ Charles E. Dews

Camden_____________________________________________________________ Archie A. Buie

Candler__..;________________________________________________William L. (Bill) Lanier

CCaarrrroolllL__________________________________-_-_-_--_-_--_-_-_--_-_--_-_-_--_-_--_-_-_--_-_--_-_-_--_-_--_-_-_--_-_--_-_-_- Jc..

Ebb Duncan C. Perkins

Catoosa___________:_________________________________________________Howard Abney

Charlton______________________________________________________ Alva J. Hopkins, Jr.

Chatham_______________________________________________________________________ Ernest J. Haar

Chatham_________________:_____________________________________ . __ George H. McGee

Chatham____________-.------------------------------------------- .. Julian C. Sipple

Chattahoochee____________

______________Joe N. King

Chattooga....

_________James H. Floyd

Chattooga....---~------------------------------- ______ Paul B. Weems

CClhaerrkoek_e__e_._.._._-_--_-_-_-_-_-_-_--_-_-_-_-_-_-_--_-_-_-_-_-_-_--_-_-_-_-_-_-_--_-_-_-_-_-_-_--_-_-_-_-_-_-_--_-_-_-_-_-_-_--_-_-_-_-_-_-_- DCh. aCppaerllleTaMllaatntthews

Clarke___________

------------------------------Robert G. Stephens, Jr.

Clay______________________------------------------------------ ___ __ _ Richard W. Best

Clayton_________________________________________________________________ E. Alvin Foster

Clayton~--------.---------------------------- _____ _ Edwin S. Kemp Clinch__________________________________________________________________ . Downing Musgrove

Cobb_______________________________________________________

Fred D. Bentley

Cobb--------------------.-----------------------------------------------Cobb____________________________________________________ _

Ben Smith Harold Willingham

Coffee--------------.-----------------.-.------------------------------------

Dewey Hayes

Coffee -------------------------------------------------------------- ... __ ___ Elie Holton Colquitt------------------~------------------------------------ _________ Leo T. Barber

Colquitt---------~--------.-__:__=--------------------------------H. Jack Short

8

JOURNAL OF THE HOUSE,

COUNTY

NAME

Columbi
Coo Coweta___
Coweta
Crawfor Crisp_ Dade Dawson__

Glenn S. Phillips
------Lonnie H. Grimsley .. D. B. Blalock
George W. Potts
--------------R. Clifton Murphey ----Palmer H. Greene
________Maddox J. Hale ________J. C. Hughes

Decatur

-------H. Carl Cloud

Decatur

.J. Willis Conger

DeKalb

------------W. Hugh McWhorter

DeKalb

--------Guy W. Rutland, Jr.

DeKalb

---------------A. Mell Turner

Dodge

---Gilbert C. Peacock

Dooly

------------------------- C. B. Brannen

Dougherty

---------B. C. Gardner, Jr.

Dougherty

-------------G. Stuart Watson

Douglas

-----------A. A. Fowler, Jr.

Early

---------------Leon H. Baughman

Echols

-------------Charles E. Stewart

Effingha

-------------------C. W. Edwards

Elbe

Woodrow Wilson Lavender

Emanuel____________________________________ Geo. L. Smith II

EFvaannnsi-n-_--_-_--_-_--_-_--_-_--_-_--_-_--_-_-_--_-_--_-_--_-_--_-_--_-_--_-_--_-_--_-_--_-_--_- RWe.idL.M(uRlloy) Adams

Fayette_____________

--------------Grady L. Huddleston

Floyd

------------------- J. Battle Hall

Floy

--------------------------------Mack G. Hicks

Floyd____

-----------------------Robert L. (Bob) Scoggin

Forsyth_____________________________________ James A. Otwell, Jr.

Franklin_

-------------------- J. Weldon Williams, Sr.

FFuullttoonn__________________________________________ HHaomkeiltSomn iLthokey

FultoJL__

_______ M. M. (Muggsy) Smith

Gilmer Glascoe Glyn Glyn Gordo
Grady__

-----------------Joe P. Holloway ------Wm. G. Todd .Charles L. Gowen
__________________ B. N. Nightingale ___________________Henry A. Mauldin
________R. A. Harrell

GGrweeinnen..ett__ Gwinnett____

___-_--_--_-_--_-_--_-_--_-_--_--_-_--_-_--_-_--_--_-_--EM.ileWs . WWahlkiteer Lewis ____________H. Rhodes Jordan

Habersham Hall____ Hall
Hancock_

------------------------------ T. Sidney Blackburn ____________________ Wm. G. Gunter ______________________________ J. Hudson Terrell
_____________Marvin E. Moate

HHaarrraisl_s_o_n________

_____--_-_-_--_-_--_-_-_--_-_-_--_-_--_-_-_--_Hwa.roDl.d SLiv. elMl urphy

Hart___

________________________________________ B. Benson Matheson

Heard_______________________________________________ Charles L. Goodson

Henry__

_________ Edward E. McGarity

Housto

__________J. W. Bloodworth

lrwi Jackso

-------------- H. L. Layton Mac Barber

MONDAY, JANUARY 12, 1953

9

COUNTY

NAME

Jasper

_________Wm. Hicks Key

Jeff Davis

Lawton R. Ursrey

Jefferso

-------------- J. Roy McCracken

Jenkins

Walter Harrison

JJoohnnesso_J_L_______--_-_--_--_--_-_--_--_--_-_--_--_-_--_--_--_-_--_--_--_-_-EGmeoorrgye LL.. JRaocwkslaonnd

Lamar__

_ -------------L. G. Lifsey Sr.

Lanier

John W. Greer

Laurens

R. T. Gilder

Laurens

W. Herschel Lovett

Lee__

-------------Jess B. Stocks

Liberty

C. J. Smiley

Lincoln

-----------

_______John P. Drinkard

Long__

Carl C. Wilkinson

Lowndes________

----------------T. Guy Connell

Lowndes

------------------G. Troy Register

Lumpki

Fred C. Jones

Macon___________________________ Tom L. Coogle

Madison______________________________________ Jere C. Ayers

Marion_________________________________________ E. C. Stevens

McDuffie_______

-----E. Eulond Clary

Mcintosh_

Mose Edenfield

Miller______________________________________________ P. Z. Geer, Jr.

Mitchellj_

------------------------Fred Hand

Mitchel

------------------------------------- Frank S. Twitty

Monroe----------~-

--Wm. B. Freeman

Montgomery___

----------Henry Arthur Moses

Morgan

--------------

-Howard H. Tamplin

Murray________

---------Odell Ingle

MMuussccooggeeee_____________--_-_-_-_--_-_-_-_--_-_-_-___________________MHoawc ePllicHkaorlldis

Muscogee Newto

-----------

J. Gordon Young - -W. C. lvey

Oconee

----------------

J. Phil Campbell, Jr.

Oglethorpe_____________________

----------George B. Brooks

Paulding_____________________________________

W. L. Denton

Peach____________________________________________________________________ F. B. Little

Pickens______________________________________

A. C. Moore

Pierce_________________________________________________________ 0. W. Raulerson

Pike_______________________________________________________ W. J. Barrett, Jr.

Polk________________________________________________________________ M. M. Cornelius

Polk________________________

___ Marson G. Dunaway, Jr.

Pulaski_________________________________________ J. D. Nelson

Putnam_____________________________

Dallas Veal

Quitman_________________________________ Joe J. Hurst

Rabun Randolph

_

Paul A. Green

____________________________ J. Mercer Wooten

Richmon Richmond
Richmond Rockdale Schley Screve Seminole
Spalding

John C. Bell ___ Sam T. Graham
William W. Holley _Eli M. Walker
w.Paul Fitzgerald Coffin
_____ T. Clark ____ John J. Cummings
Arthur K. Bolton

10

JOURNAL OF THE HOUSE,

COUNTY

NAME

Spalding~--~~--------------------------------------------------------~------------- E. Girdean Harper Stephens----~-----------------------------~------------------------------ Ben T. Wiggins Stewart---------------------------~-------------------------------------------------- Calvin R. Cowart SSuumtmer-t-e--r-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_~_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-HJ.. ECahrrlis CCaarltleierr
Talbot_____________________________________________________________________ J ack Murr

Taliaferro.-----------------------------------------~-~~ ------~---------------------Wales T. Flynt

Tattnall_________________________________

Dr. H. M. Mishoe

Taylor~-----------------------------------------~---------------------------D. E. Byrd Telfair_________________________________________~-------------------- Cecil E. Brown

Terrell--------------------------------------~-~~--~-------------------------- Marvin Brazeal Thomas------------------------------------------------------------------------~----- Robt. E. Chastain Thomas--------------------~-~-----~---~-----------------~~~~~~--~-------------------- 0. S. Willis

TTiifftt.-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_--_-JW. ilLl.iamWilTli.amBsodenhamer

Toombs___________________________________________________________________________ J. Sim Alexander

Towns_________________________________________________________________________ W. K. Deen

Treutlen________________________________________________________________________ Hugh Gillis

TroUP---------------------------------------------------------------------- Frank G. Birdsong Troup ------------------------------------------------~----------------------- M. E. Groover Turner_---------------------------~-------------------------------------------------. Floyd W arlow Twiggs~-~------------------------------------~---~-~~-~~~~~~-~~~~~~-~~ --- Jesse Brady Johnson
UUniposn-o-n--_-_--_-_--_-_--_--_-_--_-_--_-_--_-_--_-_--_-_--_-_--_-_--_-_--_-_--_-_~-_-_--_-_--_-_--_-_--_-_--_--_-_--_-_ OJawceknCJ. .TAardpalmeys

Upson_____________

----- W. S. (Bill) Brantley

Walker---------------------------------------~-------
Walker________________________________________

RAolbbeerrtt

EC.amCpobkeelrl

Walton----------------------------------------~ John Lee Phillips Ware--------------------------------------~~~-~~~-~-~~~~--~~~~~~-~~------- W. A. Frier Ware~------------------------------------------------------- Cleve Mincy WarreiL---------------------------------~~--------------------~------ Jack B. Ray Wayne-------------------------------------------------~-------------- Robert L. Harrison Webster______________________________________________________________ ----- _ J. Lucius Black
Wheeler_________________________________________________________________________ C. M. Jordan, Jr. White_____________________________________________________________ Fred Moore
Whitfield_________________________________________________________________ W. A. Britton

Whitfield --------------------------------------------~~------------------ J. Roy Whitener
WilcoX----------------------------------------------------------------- D. E. Turk Wilkes-------------------------------------~-~~------------------------------ H. G. Garrard Wilkinson__~--------------------------------~---------------------------------- A. T. Land Worth-------------------------------------------~----------------------------------- David C. Jones

MONDAY, JANUARY 12, 1953

11

Honorable Joe Boone Clerk of the House of Representatives State Capitol Atlanta, Georgia

Dear Joe:
I am attaching separate certification for the Representatives of the Counties of Washington and Meriwether since the Constitution provides that there shall be 205 members, and has certain provisions as to the number of counties that shall furnish two representatives in the House. Also, the Constitution provides that the members of the House shall be their own judge as to the qualification and seating of its members. Therefore, that is the reason for the attached certification of the members from the above mentioned counties.
With kindest personal regards, I am
Sincerely,
Ben W. Fortson, Jr. Secretary of State

I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the one page of typewritten matter hereto attached contains a true and correct copy of the Members of the Georgia House of Representatives elected in the general election held the fourth day of November, 1952, from Meriwether County and Washington County, 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 ninth day of January, in the year of our Lord One Thousand Nine Hundred and Fifty-Three, and of the Independence of the United States of America the One Hundred and Seventy-seventh.
Ben W. Fortson, Jr. Secretary of State.

REPRESENTATIVES GENERAL ASSEMBLY ELECTED IN GENERAL ELECTION NOVEMBER 4, 1952, FROM THE COUNTIES OF MERIWETHER AND WASHINGTON.

COUNTY

NAME

MMeerirwiwetheetrh--e--r-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-C---h--a--r-l--e-s-0. WW. . BHrailyl
Washington__________________________________________________________________ -------------------------- L. J. Moye, Sr. Washington______________________________________________________________________________________________ Ben J. Tarbutton

12

JOURNAL OF THE HOUSE,

Clerk of the House of Representatives State Capitol Atlanta, Georgia

Dear Sir:
I hereby certify that the consolidated returns on file in this office of Special Election held on the 22nd day of December, 1952, in Lee County, to fill the vacancy created by the resignation of the Representative from Lee County who was elected on November 4th, 1952, show the following results:
MRS. S. M. STOCKS received 88 Votes
B. H. HAMBRICK received 1 Vote
Given under my hand and seal of office this 30th day of December, 1952.
Ben W. Fortson, Jr. Secretary of State.

It appearing from the communications of the Secretary of State that 206 Representatives-elect had been certified as being elected and it appearing that the membership of the House is limited to 205 by the Constitution, and it further appearing that the disputed seat involved either Meriwether or Washington County, the Chair ruled that the oath of office would not be administered to either of the delegates from the above-named counties at this time since this was a question for the members of the House to decide.

The roll of Representatives-elect was called and the following answered to their names:

Abney of Catoosa Adams of Evans Adams of Upson
Alexander Ayers Barber of Colquitt Barber of Jackson Barrett Baughman Bell Bentley
Best Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brantley
Britton Brooks

Brown Buie Byrd Callier Campbell of Oconee Campbell of Walker
Carter Chastain Clark Clary Cloud Coffin Coker Conger Connell Coogle
Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Dews

Drinkard Dunaway Duncan Durham Edenfield Edwards Floyd Flynt Foster Fowler Freeman Frier Gardner Garrard Geer Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer

MONDAY, JANUARY 12, 1953

13

Grimsley Groover of Bibb Groover of Troup Gunter Haar Hale Hall Hamilton Hand Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Hollis Holloway Holton Hopkins Huddleston Hughes Hurst Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton Lifsey
Little

Lokey
Lovett McCracken McGarity McGee McKenna McWhorter Martin Matheson Matthews Mauldin Mincey Mishoe Moate Mobley Moore of ~ckens Moore of White Moses Mull
Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Phillips of Walton
~ckard
Potts Raulerson Ray
Register Rowland Russell Rutland Scoggin
Sheffield Short Sipple of Chatham

Sivell of Harris Smiley
Smith of Cobb Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Stewart Stocks Strickland Swindle Tallant Tamplin Tarpley Terrell Todd Trapnell Tumlin Turk Turner Twitty Upshaw Ursrey Veal Walker Wardlow Watson Weems White Whitener Wiggins Wilkinson
Williams of Bulloch Williams of Franklin Williams of Tift Willingham Willis Wooten. Young
Mr. Speaker

The oath of office was administered to the Representatives-Elect by Honorable Charles W. Worrill, Justice of the Coun of Appeals of Georgia.

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 seconded by Messrs. McCracken of Jefferson, Greer of Lanier, and Kemp of Clayton.

By unanimous consent the nominations were closed The roll call was ordered and the vote was as follows:

14

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Abney of Catoosa Adams of Evans Adams of Upson Alexander Ayers Barber of Colquitt Barber of Jackson Barrett Baughman Bell Bentley Best Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton Brooks Brown Buie Byrd
Callier Campbell of Oconee Campbell of Walker Carter Chastain Clark Clary Cloud
Coffin Coker Conger Connell Coogle
Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Floyd

Flynt Foster Fowler Freeman Frier Gardner Garrard Geer Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley
Groover of Bibb Groover of Troup Gunter Haar ~
Hale Hall Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes
Henderson Hicks Hodges Hollis Holloway Holton Hopkins Huddleston Hughes
Hurst Ingle lvey
Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key
King
Land Lanier

Lavender Layton Lifsey Little Lokey
Lovett McCracken McGarity McGee McKenna McWhorter Martin Matheson Matthews Mauldin Mincey Mishoe Moate Mobley Moore of Pickens Moore of White Moses Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale
Otwell Parker Peacock Perkins Phillips of Columbia Phillips of Watton Pickard Potts Raulerson Ray Register Rowland Russell Rutland Scoggin Sheffield Short Sipple of Chatham Sivell of Harris Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton
M. M. Smith of Fulton Stephens of Clarke
Stevens of Marion

MONDAY, JANUARY 12, 1953

15

Stewart Stocks Strickland Swindle Tallant Tamplin Tarpley Terrell Todd Trapnell Tumlin

Turk Turner Twitty Upshaw Ursrey Veal Walker Wardlow Watson Weems White

Whitener Wiggins Wilkinson Williams of Bulloch Williams of Franklin Williams of Tift Willingham Willis Wooten Young

Those not voting were: Messrs. Brazeal, Carswell, Hand, Holley, and Lewis.

Upon consolidating the votes cast, it was found that Honorable Fred Hand had received 197 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. Fowler of Douglas, Hollis of Muscogee, Lavender of Elbert, Hoke Smith of Fulton, and Drinkard of Lincoln.

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. Green of Rabun placed in nomination the name of Honorable Joe Boone of Wilkinson, which nomination was seconded by Messrs. Land of Wilkinson and Swindle of Berrien.

By unanimous consent the nominations were closed.

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

Those voting in the affirmative were Messrs:

Abney of Catoosa Adams of Evans Adams of Upson Alexander Ayers Barber of Colquitt Barber of Jackson Barrett Baughman
Bell Bentley Best Birdsong
Black Blackburn Blalock Bloodworth Bodenhamer

Boggus Bolton Brannen Brantley Britton Brooks
Brown Buie Byrd
Callier Campbell of Oconee Campbell of Walker Carter Chastain Clark Clary Cloud Coffin

Coker Conger Connell Coogle Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards

16

JOURNAL OF THE HOUSE,

Floyd Flynt Foster Fowler Freeman Frier Gardner Garrard Geer Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp
Greer Grimsley Groover of Bibb Groover of Troup Gunter Haar Hale Hall Hamilton Hand Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Hollis Holloway
Holton Hopkins Huddleston Hughes Hurst Ingle Ivey Jackson Jessup
Johnson

Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King
Land Lanier Lavender Layton Lifsey
Little Lokey Lovett McCracken McGarity
McGee McKenna McWhorter Martin Matheson Matthews Mauldin Mincey
Mishoe Moate Mobley Moore of F1ckens Moore of White Moses Mull Murphey of Crawford Murphy of Haralson
Murr Musgove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Phillips of Walton F1ckard Potts Raulerson Ray

Register Rowland Russell Rutland Scoggin
Sheffield Short Sipple of Chatham Sivell of Harris Smiley
Smith of Cobb Smith of Emanuel Hoke Smith of Fulton
M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Stewart Stocks Strickland Swindle Tallant Tamplin Tarpley Terrell Todd Trapnell Tumlin Turk Turner Twitty Upshaw Ursrey Veal Walker Wardlow Watson Weems White Whitener Wiggins Wilkinson Williams of Bulloch Williams of Franklin Williams of Tift Willingham Willis Wooten Young

Those not voting were: Messrs. Brazeal, Carswell, Holley and Lewis.

Upon consolidating the votes cast, it was found that Honorable Joe Boone had received 198 votes, being the entire number of votes east.

The Speaker appointed the following Committee to escort the Clerk to the stand:
Messrs. Gillis of Treutlen and Jones of Lumpkin.

MONDAY, JANUARY 12, 1953

i7

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

The following resolutions were read and adopted:

HR 1.

By Mr. Twitty of Mitchell:
A RESOLUTION
BE IT RESOLVED by the House of Representatives 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 now ready for the transaction of business.

HR 2.

By Mr. Twitty of Mitchell:
A RESOLUTION
BE IT RESOLVED by the House of Representatives, the Senate concurring, that a Committee of five, three to be appointed by the Speaker of the House, and two by the President of the Senate, notify his Excellency, the Honorable Herman E. Talmadge, Governor of Georgia, 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:
Messrs. Dews of Calhoun, Boggus of Ben Hill, and Jones of Worth.

The following Resolution of the House was read and adopted:
HR 3. By Mr. Twitty of Mitchell:
A RESOLUTION
BE IT RESOVLED by the House of Representatives that the rules of the 1951-1952 session be adopted as the rules of the House for the 1953-1954 session.

The next order of business being the election of a Speaker Pro-Tempore, Mr. Gillis of Treutlen 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. 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 the affirmative were Messrs:

Abney of Catoosa Adams of Evans Adams of Upson Alexander Ayers Barber of Colquitt Barber of Jackson

Barrett Baughman Bell Bentley Best Birdsong Black

Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen

18

JOURNAL OF THE HOUSE,

Brantley Britton Brooks Brown
Buie Byrd Callier Campbell of Oconee Campbell of Walker Carter Chastain Clark Clary Cloud Coffin Coker Conger Connell Coogle Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Floyd Flynt Foster Fowler Freeman Frier Gardner Garrard Geer Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Haar Hale

Hall Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Hollis Holloway Holton Hopkins Huddleston Hughes Hurst Ingle lvey
Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton Lifsey Little Lokey Lovett McCracken McGarity McGee McKenna McWhorter Martin Matheson Matthews Mauldin Mincy
Mishoe Moate Mobley Moore of Pickens Moore of White Moses Mull Murphey of Crawford Murphy of Haralson

Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Register Rowland Russell Rutland Scoggin Sheffield Short Sipple of Chatham Sivell of Harris Smiley
Smith of Cobb Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Stewart Stocks Strickland Swindle Tallant Tamplin Tarpley Terrell Todd Trapnell Tumlin Turk Turner Twitty
Upshaw Ursrey Veal Walker Wardlow Watson Weems White Whitener Wiggins Wilkinson Williams of Bulloch Williams of Franklin

MONDAY, JANUARY 12, 1953

19

Williams of Tift Willingham

Willis. Wooten

Young

Those not voting were: Messrs. Brazeal, Carswell, Hand, Holley, Lewis and Smith of Emanuel.

Upon consolidation of the votes cast, it was found that Mr. Smith of Emanuel had received 196 votes, being the entire number of votes cast.

Honorable George L. Smith, II, of Emanuel was declared Speaker ProTempore 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. Callier of Talbot and Murr of Sumter.

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

The next order of business being the election of a Doorkeeper of the House, Mr. Hurst of Quitman placed in nomination the name of Honorable Marion Toms of Quitman, the nomination being seconded by Messrs. Baughman of Early and Jones of Lumpkin.

Mr. Ray of Warren moved that the nomination be closed and the motion prevailed.

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

Those voting in the affirmative were Messrs:

Abney of Catoosa Adams of Evans Adams of Upson Alexander Ayers Barber of Colquitt Barber of Jackson
Barrett Baughman
Bell Bentley Best Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton Brooks Brown Buie Byrd

Callier Campbell of Oconee Campbell of Walker Carter Chastain Clark Clary Cloud Coffin Coker Conger Connell Coogle Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards

Floyd Flynt Foster Fowler Freeman Frier Gardner Garrard Geer Gilder Gillis Goodson Gowen Graham Green of Baldwin
Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup
Gunter Haar Hale Hall Hamilton Harper

20

JOURNAL OF THE HOUSE,

Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Hollis Holloway Holton Hopkins Huddleston Hughes Hurst Ingle Ivey
Jackson Jessup Johnson Jones of Lumpkin
Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King
Land Lanier Lavender Layton Lifsey
Little Lokey
Lovett McCracken McGarity McGee McKenna

McWhorter Martin Matheson Matthews Mauldin Mincey Mishoe Moate Mobley
Moore of Pickens Moore of White
Moses Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray
Register Rowland Russell Rutland Scoggin Sheffield
Short Sipple of Chatham Sivell of Harris Smiley

Smith of Cobb Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stevens of Marion
Stewart Stocks Strickland Swindle Tallant Tamplin Tarpley Terrell Todd Trapnell Tumlin
Turk Turner Twitty Upshaw Ursrey
Veal Walker Wardlow Watson Weems White Whitener Wiggins Wilkinson Williams of Bulloch Williams of Franklin Williams of Tift Willingham
Willis Wooten Young

Those not voting were Messrs. Brazeal, Carswell, Hand, Holley and Lewis.

Upon consolidating the votes cast, it was found that Mr. Toms had received 197 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. Harrell of Grady and Todd of Glascock.
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 Lawrence D. Burks of Webster, which nomination was seconded by Mr. Murr of Sumter.

MONDAY, JANUARY 12, 1953

21

Mr. Lokey of Fulton moved that the nominations be closed and the motion prevailed.

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

Those voting in the affirmative were Messrs:

Abney of Cataoosa Adams of Evans Adams of Upson Alexander Ayers Barber of Colquitt Barber of Jackson Barrett Baughman Bell Bentley Best Birdsong Black
Blackburn Blalock Bloodworth Bodenhamer Boggus
Bolton Brannen Brantley Britton Brooks Brown Buie Byrd
Callier Campbell of Oconee Campbell of Walker Carter Chastain Clark Clary
Cloud Coffin Coker Conger Connell Coogle Cornelius Cowart Cummings Deal
Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan

Durham Edenfield Edwards Floyd Flynt Foster Fowler
Freeman Frier Gardner Garrard Geer Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Haar Hale Hall Hamilton Harper Harrell Harris
Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Hollis Holloway Holton Hopkins Huddleston Hughes Hurst Ingle Ivey
Jackson Jessup Johnson Jones of Lumpkin

Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King
Land Lanier Lavender Layton Lifsey Little Lokey Lovett
McCracken McGarity McGee McKenna McWhorter Martin Matheson Matthews Mauldin Mincey Mishoe Moate Mobley
Moore of Pickens Moore of White Moses Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Register Rowland Russell Rutland

22

JOURNAL OF THE HOUSE,

Scoggin Sheffield Short Sipple of Chatham Sivell of Harris Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Stewart Stocks Strickland

Swindle Tallant Tamplin Tarpley
Terrell Todd Trapnell Tumlin Turk Turner Twitty Upshaw Ursrey Veal Walker

Wardlow Watson Weems White Whitener Wiggins
Wilkinson Williams of Bulloch Williams of Franklin Williams of Tift Willingham Willis Wooten Young

Those not voting were Messrs. Brazeal, Carswell, Hand, Holley and Lewis.

Upon consolidating the votes cast, it was found that Honorable Lawrence D. Burks had received 197 votes, being the entire number of votes cast.

Honorable Lawrence D. Burks was declared elected Messenger 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. Phillips of Columbia and Britton of Whitfield.

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

The following Resolutions of the House were read and adopted:

HR 4. By Mr. Twitty of Mitchell:
A RESOLUTION
"BE IT RESOLVED, That the following rules do prevail as to the appointment and compensation of the attaches of the House out of funds which may be appropriated by the General Assembly of Georgia in the 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 4 assistants to the Speaker and 3 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: 6 porters at $4.00 per diem; 6 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; 6 typists at not to exceed $15.00 per diem to help with the printing of bills and resolutions for

MONDAY, JANUARY 12, 1953

23

distribution to the House under the direction of the Clerk; two Multilith operators at not to exceed $15.00 per diem."
"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 5. By Mr. Twitty of Mitchelll:

A RESOLUTION
BE IT RESOLVED by the House of Representatives, the Senate concurring, that a joint session of the House and Senate be held in the Hall of the House of Representatives at 12 o'clock Noon, January 13, 1953 for the purpose of hearing a message from His excellency, Governor Herman E. Talmadge.
BE IT RESOLVED that a committee of five, three to be named by the Speaker of the House and two to be named by the President of the Senate, be appointed to escort His Excellency, the Governor, to the Hall of the House of Representatives.
Under provisions of HR 5, the Speaker appointed as Committee of Escort on the part of the House, the following members of the House, to-wit:
Messrs. Chastain of Thomas, Stevens of Marion, and Edwards of Effingham.

The following Resolution of the House was read and adopted:

HR 6. By Mr. Twitty of Mitchell:

A RESOLUTION

"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 11 o'clock a. m. on January 13, 1953, for the purpose of canvassing and publishing the election returns and declaring results thereof for 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 State House officers, and

which tellers will submit their report to the joint session of the General

Assembly."



Under provisions of HR 6, the Speaker appointed as Tellers on the part of the House, the following members of the House, to-wit:

Messrs. Scoggin of Floyd, Pickard of Muscogee, and Barber of Colquitt.

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:

24

JOURNAL OF THE HOUSE,

SR 1.

By Senator Edenfield of the 4th:
A resolution to notify the House that the Senate has organized and has elected its officers, to-wit: Douglas Carlisle, President Pro-Tempore; George D. Stewart, Secretary; Zack D. Cravey, Jr.; Messenger; and Perry Griffin, Doorkeeper.

SR 2. By Senator Edenfield of the 4th:
A resolution naming a committee of five, three to be named by the Speaker of the House and two by the President of the Senate to notify the Governor that the General Assembly is organized and read for the transaction of business.
The President appointed on the part of the Senate:
Senators Carlisle of the 51st and Edenfield of the 16th.

SR 5. By Senator Edenfield of the 4th:
A resolution the House concurring that the Senate and House meet in joint session in the Hall of the House of Representatives at 10: AM January 13th, for the purpose of canvassing and publishing the election returns and declaring the result there for Members of the Public Service Commission; and that a Committee of three tellers from the House of Representatives and two tellers from the Senate be appointed for the purpose of canvassing the votes and submit their report to the joint session of the General Assembly.
The president appointed on the part of the Senate the following Senators:
Senators Clemmons of the 42nd and Walker of the 45th.

The following Resolution of the Senate was read and adopted:

SR 2. By Senator Edenfield of the 4th:

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.
Under provisions of SR 2, the Speaker appointed a committee, the following members of the House, to-wit:
Messrs. Dews of Calhoun, Boggus of Ben Hill, and Jones of Worth.

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.

TUESDAY, JANUARY 13, 1953

25

Representative Hall, Atlanta, Georgia Tuesday, January 13, 1953.

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 Reverend Tom Wells, Pastor, First Baptist Church, Cairo, Georgia.

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

Abney of Catoosa Adams of Evans Adams of Upson Alexander Ayers Barber of Colquitt Barber of Jackson Barrett Baughman Bell Bentley Best Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton Brooks Brown Buie Byrd
Callier Campbell of Oconee Campbell of Walker Carswell Carter Chastain Clary Cloud Coffin Coker Conger Connell Coogle Cornelius Cowart Cummings

Deal Dean of Towns Deen of Bacon Dews Drinkard Dunaway Durham Edenfield Edwards Floyd Flynt Foster Fowler Freeman Frier Gardner Garrard Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Haar Hale Hall Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley

Hollis Holloway Holton Hopkins Huddleston Hughes Hurst Ingle lvey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton Lewis Lifsey Little Lokey Lovett McCracken McGarity McGee McKenna
McWhorter Matheson Matthews Mauldin Mincey Moate Mobley
Moore of Pickens Moore of White Moses Murphey of Crawford

26

JOURNAL OF THE HOUSE,

Murphy of Haralson Murr
Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Register Rowland Russell Rutland Scoggin Sheffield

Sipple of Chatham Sivell of Harris Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Stewart Stocks Strickland Swindle Tallant Tamplin Tarpley Terrell Todd Trapnell Tumlin Turk

Turner Twitty Upshaw Ursrey Veal Walker Wardlow Watson Weems White Whitener Wiggins Wilkinson Williams of Bulloch Williams of Franklin Williams of Tift Willis Wooten Young

Those not answering the roll call were Messrs. Brazeal, Clark, Denton, Duncan, Geer, Gilder, Martin, Mishoe, Mull, Short and Willingham.

.Mr. Callier of Talbot, Acting Chairman of the Committee on Journals reported that the Journal of yesterday's proceedings has been read and found to be -correct.
By unanimous consent, the reading of the journal was dispensed with.
The Journal was confirmed.

Representatives-elect Carswell of Burke and Holley of Richmond came forward to the bar of the House and were administered the oath of office by Honorable Charles W. Worrill, Justice of- the Court of Appeals of Georgia.

The hour of convening the Joint Session of the House and Senate having arrived, the Senate appeared upon the floor of the House, and the Joint Session convened for the purpose of canvassing and publishing the election returns and declaring results thereof for 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 State House officers, as required by the Constitution, beg leave to submit the following report:

For Public Service Commissioner

L.,

Allen Chappell ________________________ ---------------------- _ ----:-----,-------546,811 For Public Service Commissioner

Walter R. McDonald---------- _______ ---------------- _____ ----- ---- --- 546,990

TUESDAY, JANUARY 13, 1953

27

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

Respectfully submitted,

ON THE PART OF THE SENATE:
Walker of 45th Clemmons of 42nd

ON THE PART OF THE HOUSE:
Pickard of Muscogee Barber of Colquitt Scoggin of Floyd

Mr. Scoggin of Floyd moved that the report of the Tellers be accepted and adopted.
The motion prevailed and the report was adopted.
Senator Edenfield of the 4th moved that the Joint Session be now 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 House recessed until 11:45 o'clock. A. M., this day.
The Speaker. called the House to order.
The hour of convening the Joint Session of the House and Senate having arrived, the Senate appeared upon the floor of the House, and the Joint Session convened for the purpose of hearing a message from His Excellency, Governor Herman E. Talmadge, was called to order by Lt Governor S. Marvin Griffin, President of Senate.
The Secretary of the Senate read the resolution providing for the Joint Session.
Accompanied by the Committee of Escort and other distinguished guests, Governor Herman E. Talmadge appeared upon the floor of the House.

The following address was delivered by Governor Herman E. Talmadge:

LIEUTENANT-GOVERNOR GRIFFIN, SPEAKER HAND, MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENATIVES AND MY FELLOW COUNTRYMEN:
It is with genuine pride that we report to you today that Georgia is out of debt, has a surplus of $21,000,000 in the Treasury and is well on the way toward taking her rightful high place among the sisterhood of States.
It has been a great pleasure for me to work in full accord with the members of the General Assembly during the last four years. It is

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JOURNAL OF THE HOUSE,

probable that we have had the closest cooperation that has ever exisited in this State between the executive and legislative branches.
Let us continue this harmony which has been directly responsible for bringing so many tangible benefits to the masses of our citizens
A little over four years ago I took the oath of office as your governor.
When this administration assumed office our common schools and University System faced a dark crisis. Teachers and professors were leaving their profession for greener fields in other states or more compensating employment. College buildings were falling apart and were fire traps. New structures were badly needed. Public school facilities and transportation were breaking down.
In spite of the fact that the Federal government puts up 70o/o of the money to finance welfare assistance programs, our State was making only a feeble effort to get our aged, dependent children and needy blind their rightful share of this money.
Your Highway Department was shot through with politics. It had no policy. Road trading and so-called "negotitated contracts" were the order of the day. As a result, construction costs far exceeded competitive prices. The engineering staff was depleted and behind with its work. Federal aid was not being utilized as fast as it was available.
Even though the Federal Hill-Burton Act for hospital and health center construction had been in force for nearly two years, no effort had been made to put up the necessary matching money in order to bring to us these badly needed humanitarian facilities.
Our State institutions, Milledgeville, Battey and the others, had passed the point of disgrace and were a source of shame to every Georgian.
That was the dark picture which faced us on that bleak November day in 1948.
The challenge at that time before the people, the legislature and this administration called for patience, teamwork, cooperation and faith.
Now, my friends, in the last four years we have made progress in Georgia of such signficance as to bring pride to all our citizens, and at the same time, to receive wholesome commendations from the rest of the Country.
Let me tell you about some of these achievements.

EDUCATION
We have made tremendous advancement in our common schools and in the University System.
We have increased the total outlay for common schools from $37% million dollars a year when I went into office to $94 million dollars a year at the present time, an increase far greater than 100 per cent and now approaching the three-fold mark.
Just what have these large new appropriations meant in better education for our children?

TUESDAY, JANUARY 13, 1953

29

They have brought an increase in the number of State paid teachers from 20,000 in 1947-48 to 25,000 now. A total of 750 of these were alloted. to put in the new twelfth grade in high schools. The rest have been utilized in reducing overcrowded classrooms and taking care of the unprecedented birthrate which puts thousands of additional children in the First Grade every year.
Teachers' salaries have been raised from an average of $1,715 in 1947 to $2,555. In addition to this, we have provided incentive pay raises for teachers which come automatically with increased academic qualifications ranging up to $3,300 under the minimum Foundation Program salary scale. Administrative officials of the State Department of Education inform me that these higher average salaries are attracting more and better qualified young men and women to the teaching profession.
A fleet of 1,000 new school buses has been added to the 3,000 already in operation to provide better transportation. Bus drivers' compensation has been substantially increased.
According to figures furnished me by the State Department of Education, Georgia teachers' salaries now compare most favorably with those paid in other States in the Southeast.

STATE SCHOOL BUILDING AUTHORITY
Provision of separate, but adequate and equal school facilities, is a requirement of our Georgia Constitution for the children of both races.
For the first time in its history, your State is making an honest, all-out effort to live up to this section of our Constitution.
The program now being carried out by the State School Building Authority will not only furnish adequate school facilities for every child in Georgia, but also will establish beyond any question equal school facilities for all school children in the State.
Contracts have been let on more than a score of buildings and work is in progress getting the sites prepared for several others.
Over one hundred counties have filed applications for new buildings and more than 20 others are pending before the State Board of Education.
Indications are that under current policies the Authority will ultimately expend $140,000,000 in this important task.
Other states have recognized the merit of our program and are preparing to follow suit.
The people of Georgia congratulate the Chairman and members of the Authority, the State Board and Department of Education for a job "well done" in what is perhaps our State's most important single undertaking.
UNIVERSITY SYSTEM
In the same four-year period, we have made revolutionary improvements in all 15 of the institutions operating under our University System of Georgia.
The overall appropriation for University System operations and

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JOURNAL OF THE HOUSE,

building fund has been doubled from $6 to $12 million dollars annually.
A $5 million dollar program to make existing buildings firesafe and habitable is now moving toward completion.
Under the University System Building Authority $13 million dollars in new libraries, dormitories, classrooms and other structures are soon to be completed. These buildings have been a pressing need of higher education in Georgia for over half a century.
We are now working on another $7 million dollars worth of these important buildings, contracts for which will be let soon, and we expect to approve $5 million more within the next two year period.
For all purposes of education in Georgia, we are now spending $111 million dollars a year as compared to a total of only $47 million dollars when I assumed the duties of this office,
This means we are now spending over 50 per cent of our total annual income for educational purposes. I do not believe there is a single state in the Nation with comparable resources which is doing more for the cause of education than is our own State of Georgia.
HIGHWAYS
Now, let me tell you about what we have done in the State Highway Department under the wise and progressive administration of the present members of the Highway Board.
You can ride anywhere in Georgia and see crews of men at work constructing new highways, building badly-needed farm-to-market roads, working on a vast program of maintenance, building bridges, installing new road markers, center lines on highways and bringing general improvements to all parts of our State highway system.
Up to the close of business, December 31, 1952, this administration had completed or let to contract 9,543.8 miles of highways and rural road construction or major re-construction at a total cost of $152% million dollars.
Your State is now at an all-time peak of road work with 1,000 active projects all over Georgia.
We will be able to go far ahead of my campaign pledge to build 10,000 miles of highways and post roads by January 1, 1955.
Our Engineering staff has been greatly strengthened. We are taking advantage of all Federal matching funds for the first time. Grants to counties for road work have been doubled. Restoration of competitive bidding and careful planning have held construction costs to reasonable levels.
Most important for motorists, all highway user revenues are going for road construction and maintenance, as they have been for the last year and a half, but now with the added protection of constitutional appropriation.
BRIDGES AUTHORITIES
There is one problem in the Highway Department that needs immediate attention.

TUESDAY, JANUARY 13, 1953

31

At present, we are spending $2 million dollars annually repairing antiquated and dilapidated narrow wooden bridges.
To meet this situation, there will be submitted for your consideration two bills covering this subject.
With a Bridge Authority, we can immediately replace these dangerous bridges with modern spans which would be relatively maintenancefree over the period of amortization.
I recommend that an Authority be created to build new bridges over the State and that its power to do so be limited to a total of $30 million dollars worth at any one time.
I also urge the General Assembly to give consideration to the creation of a self-liquidating Toll Bridge Authority empowered to build bridges in those instances where the cost is extremely great and where out-of-State and commercial traffic constitute a high percentage of users.

WELFARE
It has alway been my policy as governor to take full advantage of all Federal Matching programs.
While I do not agree with the arbitrary control the Federal Security Agency exercises over the Welfare Assistance Programs and believe the States could do a better, more effective job, we have gone all-out to secure these benefits for our people.
A new program, covering aid for totally and permanently disabled between the ages of 18 and 65 years, was instituted late last year. Some 1,860 persons are already receiving these benefits.
The total outlay for all types of assistance has been increased from $20 million dollars annually in 1948 to the rate of $55 million dollars now, nearly trebled.
The average pension payment has been increased from $18.69 in 1948 to $33.82 last month. At the same time, 27,000 new names have been added to the rolls over and above the 109,381 receiving assistnce on June 30, 1948.
This is a record of which I am proud because I know how much this aid means to some of our people. I see these checks being cashed in the grocery and at the drug store and I know the money goes largely for the bare necessities of life.

HEALTH
Guarding the health of our Citizens is one of the paramount responsibilities of government.
The outstanding advancement in this field in Georgia is the broad and compenhensive cooperative hospital and health center construction program now being carried out.
Recently, I had the pleasure of dedicating the 33rd hospital constructed under this program which was instituted by this administration.

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JOURNAL OF THE HOUSE,

We have also completed 39 health centers.

We now have completed, have under construction, or have approved

a grand total of 50 hospitals and 61 health centers in Georgia costing

some $38 million dollars.



The program has about two more years to run and when completed we will have utilized in federal, local and state funds about $70,000,000 and will have a hospital bed or a health center, or both, within the reach of every man, woman and child in this State.

INSTITUTIONS
At Battey Tubercular Hospital in Rome, we have substantially increased the staff, We have opened up new wards and built homes to attract more doctors and nurses. As a result, the number of patients there has been increased from 1,200 in 1948 to 1,957 at this time.
At Milledgeville State Hospital we have made comparable improvements. We have already completed and occupied two new psychiatric hospital buildings, with a capacity of 1,000 beds each, one for white and one for colored patients. We have nearly finished another 1,000bed facility for the exclusive use of aged patients. We have built there a new dental clinic building which is the best of its kind in the country.
We have vastly expanded crop production at the institution farm. We have installed a poultry project which is bringing better and more appetizing meals to the patients.
The staff of doctors, nurses, denti~ts and attendants has been more than doubled. Salaries have been raised in order to hold qualified personnel at the institution. Nearly completed is a large new million dollar central supply warehouse, that will play a big part in improving overall efficiency at the hospital.

EUGENE TALMADGE MEMORIAL HOSPITAL
Added to the network of hospitals and health centers over the State will be the new Eugene Talmadge Memorial General Hospital to be built at the University Medical School in Augusta.
This new institution, costing $15 million dollars will make it possible for us to expand our State Medical School to provide more new doctors for rural communities which badly need them. It will also bring specialized treatment and care to our indigent sick. We will let the contract for its construction early next month.

FARM BENEFITS
Georgia is on the march in both agriculture and industry. Our efforts must be directed toward the advancement of both fields.
Since 1948, your administration has built 19 new farmers' markets, located at strategic points over Georgia. Market sales have jumped from $43 million dollars in 1948 to $72 million dollars in 1952.
The new livestock diagnostic laboratory at Tifton is making an important contribution to the development of the livestock industry in Georgia. The dairy cattle nutrition laboratory at the University of

TUESDAY, JANUARY 13, 1953

33

Georgia in Athens recently opened is working to improve feed and feeding methods for livestock and dairy cattle.
Three new experiment stations have been added by this administration, in north, middle and South Georgia, thus, giving us an experiment station for every major soil type.
Your State Department of Agriculture is cooperating closely with the National Poultry Improvement Association in the operation of the Poultry Diagnostic Laboratory in Gainesville, to serve our important broiler industry which now leads the Nation.
Mobile soil testing units, working in conjunction with the Experiment Stations, Soil Conservationists and the State Soil Conservation Committee, have worked wonders in helping our farmers establish permanent pastures.

FORESTRY
Another boon to our farmers has been the State-wide forestry protection and reforestation program instituted by this Administration.
Its value was very forcefully demonstrated during the drought last year, particularly in North Georgia, when the loss would have been millions more had it not been for organized fire protection. Georgia fire losses were held to a minimum during this period because we had the trained manpower and equipment to do the job. Other Southern States were not so fortunate.
We have developed a new nursery in Dawson County and another in Wheeler County. These, coupled with expansion of exisiting nurseries, will produce an estimated 75 million pine seedlings this year, as compared to only 20 million produced in 1948. It is expected that the 195455 production will top the 100 million mark.
By July of this year, Georgia will lead the Nation in the amount of State and privately owned forest acreage under organized protection.
Extension of this service to 119 counties in the State, plus the fact that we are emphasizing reforestation, has already placed Georgia in the forefront among the timber and pulp producing States. It has attracted wide, new industrial development which is proyiding untold thousands of new jobs for our people, as well as a vital new source of income for our farmers.

STATE PORT- COMMERCE
Perhaps the most important commercial development in Georgia last year was the formal dedication of our new State Port at Savannah.
Since its acquisition, rental of warehouse space to many business firms has paid for the facility more than twice over.
The new dock facilities and transit sheds were built by a State Authority at a cost of 5% million dollars and will be paid for out of income from the Port. Many competent appraisers have stated that the value of Georgia's new Port at Savannah exceeds $12 million dollars.
Because of our development of this large State Port at Savannah, our increased forestry activities, the work of the Department of Com-

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JOURNAL OF THE HOUSE,

merce, which was created in this !}dministration, and through other agencies, we are bringing many new industries to Georgia.

BUDGET AND FISCAL
While I will submit detailed recommendations to you regarding the budget within the next few days, I would like now to discuss briefly the State's financial structure.
Your State government, under the present budget of $230 million dollars annually, is operating at the highest level of efficiency in history.
I am sure that you will agree with me that this administration has been fortunate in securing the services of business men of integrity and ability who, at great personal sacrifice, have answered the call to serve the people of their State.
Our constant goal has been to guarantee that the taxpayers receive the maximum benefit from exery tax dollar expended.
We have insisted on rigid economy and careful administration.
We have fought for and sponsored those things which will be of lasting and constructive benefit to the people.
The huge building programs which I have outlined to you total more than a half billion dollars. They are outstanding examples of what this administration has been able to do under the present budget.
With virtual abolition of the State property tax, it has been estimated by the State Auditor and the State Revenue Commissioner, that our income for the next fiscal year will be about $220 million dollars.
The present rate of appropriations for the State government is $230 million dollars annually.
While the appropriations exceed the anticipated income, it is believed that by utilizing the savings we have accumulated in past years we will be able to operate at the present level over the next two years and possibly wind up with a small surplus. But, I want to emphasize that this is the optimistic view which could be subject to drastic change in light of adverse economic conditions.
Requests for increases from all departments total $36 million dollars for the fiscal year 1953-54 and $45 million dollars for the fiscal year 1954-55, in addition to the present budget.
Of course, such large sums of extra money can be obtained only by heavy additional tax levies on our citizens.
So that there can be no misunderstanding about it, I want to make my position perfectly clear.
I do not favor any new taxes on any item for any purpose whatsoever.
Nor do I favor expanding or reducing any of the services which your State government is now carrying out.
There will be efforts to try to force the General Assembly to

TUESDAY, JANUARY 13, 1953

35

appropriate more money than the State can reasonably expect to receive in income.
If this is done, when the present surplus is depleted, which will not take long, and the income is not sufficient to finance the budget, it will be necessary for me, as Director of the Budget, to cut all departments pro rata on a percentage basis.
This will mean that your State government will be placed in the same position as a debtor in a bankrupt court without sufficient assets to fulfill his responsibilities.
It will mean unjustifiable reductions in old-age pensions and all other public welfare assistance; a reduction in our health activities; cutbacks in the Minimum Foundation Program; a slash in hospital and health center construction; crippling of our State institutions; halting of part of our road and bridge construction; and, generally, cutting all other building programs in the State now in progress.
Your State government is following a carefully planned chart for progressive growth.
This blueprint is based on sound planning and responsible fiscal policy.
Our big job together at this time is to steer a steady course for the continued benefit of all the people of Georgia.

SINGLE SESSION
Now, a word in conclusion, I have been observing every legislative session in our State since 1927 when I served as page in the House of Representatives while Hon. Richard B. Russell was then Speaker of the House.
No legislative session has ever accomplished anything for the people during a political year.
It will be a tremendous sacrifice for you gentlemen to remain in session for a period of 70 days, but it is my earnest recommendation that we get our legislative problems behind us in a non-political year. By following such a course, we can consider them in light of the facts, in light of reason and without the crippling hand of purely partisan political strife such as can be expected in the election year 1954. Please let me remind you that in case of emergency an extraordinary session can always be convened.

My friends, we have given you highlights from the impressive ledger of achievement which has been written by your administration.
In it, we share pride with the members of the General Assembly and the people of Georgia.
At the same time, we hold a solemn realization of the responsibilities that we will face together in the days to come.
As we look forward to those tomorrows, let us resolve to continue our State's progression with confidence and faith in its glorious destiny.

36

JOURNAL OF THE HOUSE,

Working shoulder to shoulder in our common task, we can held our people build an even greater Georgia with horizons of limitless opportunity for our children and generations to come.
Imbued with a deep consciousness of our responsibilities, we offer humble prayers to Almighty God that our efforts will merit His gracious blessings.

Senator Edenfield of the 4th 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:

STANDING COMMITTEES

of the

HOUSE OF REPRESENTATIVES

ACADEMY FOR THE BLIND COMMITTEE

Jackson, Chairman Bodenhamer, Vice-Chairman Williams of Bulloch, Secretary
Baughman Brantley Brown Carter Coffin Gillis Groover of Bibb Hale Hamilton Hughes Ingle

Johnson Jordan of Gwinnett J oradn of Wheeler Martin Matheson Mauldin McGee Mishoe Moore of White Nelson Trapnell Upshaw Walker
Williams of Franklin

AMENDMENTS TO THE CONSTITUTION NO. 1 COMMITTEE

Freeman, Chairman Russell, Vice-Chairman Hale, Secretary
Bentley Best Brooks
Chastain Deal Floyd Graham Groover of Bibb Haar Key
Layton Mauldin

Scoggin
Short Sipple Smith H. of Fulton Stephens of Clarke Swindle Tarpley
Terrell Walker Wardlow Watson White Whitener Wiggins Williams of Franklin

TUESDAY, JANUARY 13, 1953

37

AMENDMENTS TO THE CONSTITUTION No. 2 COMMITTEE

Gowen, Chairman Nightingale, Vice-Chairman Murr, Secretary
Abney Adams of Upson Bell Bolton Campbell of Walker Conger Deen of Bacon Dews Dunaway Gardner Gillis Gunter Hamilton

Harris Hicks Hollis Ingle Jackson Jordan of Gwinnett Little Lokey Smith of Cobb Stewart Tallant Veal Weems Willingham Williams of Tift

APPROPRIATIONS COMMITTEE

Lovett, Chairman Ursrey, Vice-Chairman Scoggin, Secretary
Bodenhamer Brantley Campbell of Oconee Cloud Coffin Deal Deen of Bacon
Drinkard Duncan Edenfield Floyd Flynt Goodson Graham Green of Rabun Groover of Troup Harper Harris Henderson Hollis Holton Jessup Johnson

Key Layton Matheson Mauldin McCraken McWhorter Mincy Mishoe Moses Murphy of Haralson Register Russell Sheffield Sipple Smiley Smith, H. of Fulton Swindle Terrell Tumlin Turk Wardlow Weems White Williams of Franklin Willis

AUDITING COMMITTEE

Campbell of Walker, Chairman Clary, Vice-Chairman
Durham, Secretary Bodenhamer Brooks Deal

Dean of Towns Hodges Hughes Ingle Jones of Worth Jordan of Gwinnett

38

JOURNAL OF THE BOUSE,

Layton. Matheson Mauldin Mobley Mull Nightingale Peacock Pickard Raulerson

Stocks Strickland Trapnell Ursrey Walker Weems
Williams of Franklin Williamham

AVIATION COMMITTEE

Fowler, Chairman Barber of Jackson,
Vice-Chairman Brannen, Secretary
Boggus Brantley Campbell of Walker Carter Clark Deen of Bacon Edenfield Gilder Goodson Grimsley Hale Hamilton

Holton Hughes Ingle Jessup Martin Perkins Pickard Register Russell Sheffield
Sipple Stewart Todd Veal Wilkinson Williams of Tift

. BANKS AND BANKING COMMITTEE

Tarbutton,. Chairman

Haar

Stephens of Clarke,

Henderson

Vice-Chairman

Jackson

Best, Secretary Adams of Evans

Jessup Jordan of Wheeler

Adams of Upson

Key

Barber of Colquitt

Land

Bentley

Lovett

Bolton

McKenna

Brannen

McWhorter

Brantley

Nightingale

Carswell

Smith, M. of Fulton

Coffin

Swindle

Cummings

Tallant

Dunca.n Garrard

Tumlin White

Gillis

Williams of Bulloch

Graham

Williams of Tift

Gunter

COMMERCE COMMITTEE

Greene of Crisp;.. Chairman Musgrove, Vice-Chairman Murphey of. Haralson,
Secretary

Ayers
Baughman Bell Boggus

TUESDAY, JANUARY 13, 1953

39

Carter Clark Clary Coffin Denton Edenfield Flynt Geer Gilder Hamilton Harper Hughes Jones of Worth Lanier Little

Martin Moore of Pickens
Peacock Potts Register Rutland Short Smith, H. of Fulton Stevens of Marion Stewart Strickland Upshaw Veal Young

CONSERVATION COMMITTEE

Gillis, Chairman Musgrove, Vice-Chairman Todd, Secretary
Adams of Evans Alexander Black Brazeal Buie Callier Clark Clary Deal Dean of Towns Deen of Bacon Edenfield Edwards Frier Gilder Gowen Grimsley Haar Hamilton Harrell Harrison of Jenkins

Harrison of Wayne Hayes Hodges Hopkins Huddleston Hurst Jordan of Wheeler Key Layton Mishoe Moate Mobley Raulerson Sivell Stewart Strickland Tarbutton Turner Wardlow Weems White Wilkinson Wooten

CORPORATIONS COMMITTEE

Cornelius, Chairman Mishoe, Vice-Chairman Perkins, Secretary
Ayers Baughman Black
Bloodworth Brantley Britton Campbell of Walker Garrard Goodson

Groover of Bibb Groover of Troup Gunter Hale Hamilton Holley
Hughes Ingle
Jones of Worth Lokey Martin Mauldin

40

JOURNAL OF THE HOUSE,

Mull Rutland Tallant

Todd
Walker Young

COUNTIES AND COUNTY MATTERS COMMITTEE

Lavender, Chairman Gardner, Vice-Chairman
Geer, Secretary Abney Alexander Baughman Bell Bentley Best Birdsong Boggus Bray Carswell Cloud Coffin Deal Dean of Towns
Dews Dunaway Duncan Frier Hale Henderson Hicks Hodges Holton Hopkins

Ivey
Jessup Jones of Lumpkin Kemp King Lokey McGarity McKenna McWhorter Moore of Perkins Moye
Murphey of Crawford Musgrove Nelson Nightingale Pickard Short Sipple
Stephens of Clarke Strickland Swindle Tarpley Trapnell Upshaw Whitener Willis Wooten

DRAINAGE COMMITTEE

Smith of Emanuel, Chairman Smith, H. of Fulton
Vice-Chairman Smith, M. of Fulton, Secretary
Barrett Best Brazeal Brooks Callier Campbell of Oconee Carswell
Connell
Deal
Dews
Duncan
Edenfield
Gillis
Greene of Crisp
Hall

Hopkins Jessup Jones of Lumpkin Jordan of Wheeler Key King Lanier Matthews McCracken McGee Musgrove
Phillips of Columbia
Ray
Short Smiley
Stevens of Marion
Tumlin
Williams of Bulloch
Willingham

TUESDAY, JANUARY 13, 1953

41

EDUCA,TION NO. 1 COMMITTEE

Hall, Chairman Otwell, Vice-Chairman Sivell, Secretary
Barrett Bell Birdsong Bodenhamer Brannen Bray Byrd Carswell Coffin Cummings Deal Denton Green of Rabun Jessup Jones of Worth Key

King Lanier Lovett Matthews McGarity
Moore of White Moses Moye Smith of Emanuel Stevens of Marion Tamplin
Tumlin Turner Twitty Whitener Wilkinson Williams of Bulloch Williams of Franklin Wooten

EDUCATION NO. 2 COMMITTEE

Duncan, Chairman Harrison of Jenkins,
Vice-Chairman Cloud, Secretary
Adams of Evans Blackburn Bloodworth Conger Dunaway Floyd Freeman Frier Gilder Green of Baldwin Greer Grimsley Gunter Holloway

Hughes Ingle
Johnson Lifsey Maudlin Mishoe Moate
Moore of Pickens Mull Murphey of Crawford Sipple
Swindle Tarpley
Todd Upshaw Ursrey Walker

ENGROSSING COMMITTEE

Green. of Rabun, Chairman Black, Vice-Chairman Short, Secretary
Abney Adams of Upson Baughman
Bell Bray Cloud Coker
Cummings Flynt

Gunter Harper Johnson Martin McKenna McWhorter Moye Nelson Raulerson Tarpley Todd Trapnell

42

JOURNAL OF THE HOUSE,

Upshaw Veal Wilkinson

Williams of Franklin Williams of Tift Young

ENROLLMENT COMMITTEE

Baughman, Chairman Graham, Vice-Chairman Peacock, Secretary
Ayers
Bodenhamer Bolton Brantley Campbell of Walker Carter Clark Coffin Dean of Bacon Grimsley Harris

Hodges Ingle Jackson Little Moses Mull Perkins Potts Register Smith of Cobb Stewart Strickland Walker Wilkinson

EXCUSE OF MEMBERS ABSENT WITHOUT LEAVE COMMITTEE

Deen of Bacon, Chairman Groover of Bibb, Vice-Chairman Alexander, Secretary
Barrett Bloodworth Campbell of Walker Carter Clary Coffin Cornelius Green of Baldwin

Harper Ingle Jackson Layton Lifsey
Martin Nightingale Perkins Smith of Cobb Todd

GAME AND FISH COMMITTEE

Edenfield, Chairman

Jessup, Vice-Chairman

Best, Secretary

Abney

Alexander

Bentley

.,

Black

Blalock

Buie

Clary

Deen of Bacon

Dunaway

Durham

Edwards

Flynt

Gillis

Gowen

Greene of Crisp

Haar

Hale Harrell Harrison of Wayne Hicks Hopkins Ivey Jones of Lumpkin Jones of Worth Jordan of Wheeler Lavender Lewis Matthews Mauldin McKenna Musgrove Otwell Scoggin Sheffield Sivell

TUESDAY,JANUARY. 13, 1953

43

Smiley Stevens of Marion Stocks Swindle Tarpley Trapnell

Tumlin Turner Ursrey Wardlow Whitener

GENERAL AGRICULTURE NO. 1 COMMITTEE

Campbell of Oconee, Chairman Carswell, Vice-Chairman Murr, Secretary
Adams of Evans Barber of Colquitt Black Blackburn Boggus Brannen Brown Callier Clary Cloud Coffin Coogle Cummings Dews Harrell Harrison of Jenkins llolton Jones of Worth

Land Mauldin Moore of White Moses Nelson Phillips of Walton Potts Raulerson Rowland Russell Sivell Stewart Stocks Swindle Tamplin Todd Trapnell Wilkinson Willis Wooten

GENERAL AGRICULTURE NO. 2 COMMITTEE

Lanier, Chairman Ursrey, Vice-Chairman Hurst, Secretary
Alexander Barber of Jackson Barrett Bodenhamer Clark Cowart : Deen of Bacon Edwards.
Floyd
Fowler Freeman Frier Geer Gilder Greer Grimsley

..;.... , .:.....

-Hodges Ingle Johnson Key
Lavender I.Alyton Lifsey
Little McGarity Mobley Murphey of Crawford Peacock . Strickland Tallant
Turk Wardlow White .. Williams of Franklin

GENERAL JUDICIARY NO.1 COMMITTEE

Hollis, Chairman Dews, Vice-Chairman

Connell, Secretary Alexander

JOURNAL OF THE HOUSE,

Bell Brooks Flynt
Foster Freeman Gardner Geer Gowen Hale Hicks Jackson Jordan of Gwinnett

Key Lavender Lokey
Matthews McCracken McGee McKenna Murphy of Haralson Tarpley Twitty Veal Whitener

GENERAL JUDICIARY NO. 2 COMMITTEE

Willingham, Chairman Denton, Vice-Chairman Conger, Secretary
Ayers Bentley Best Blalock Bolton Deal Dean of Towns Dunaway Gilder

Goodson Green of Baldwin Haar Harris Moore of White Mull Murr Rutland Stephens of Clarke Walker
Weems Wiggins

GEORGIA SCHOOL FOR THE DEAF COMMITTEE

Scoggin, Chairman
Raulerson, Vice-Chairman Carter, Secretary
Adams of Upson Ayers
Best Bolton
Cornelius Cowart Deal Dean of Towns Frier Gunter Hayes

Henderson Hodges Jordan of Gwinnett Lokey Martin Matheson McWhorter Nightingale Peacock Veal Wardlow Weems Williams of Tift

GEORGIA STATE SANITARIUM COMMITTEE

Chastain, Chairman Parker, Vice-Chairman Boggus, Secretary
Barber of Colquitt Black Bodenhamer Brannen Brown Carswell Clark

Cummings Drinkard Flynt
Freeman Gilder Green of Baldwin
Green of Rabun Greer Grimsley Hamilton

TUESDAY, JANUARY 13, 1953

45

Harper Harrell Hollis Huddleston Lifsey Lovett Matheson McWhorter Mincy Murphey of Crawford Nightingale Perkins

Register Russell Sheffield Sipple Stewart Tamplin Turk Twitty
Watson Williams of Bulloch Williams of Franklin

HALLS AND ROOMS COMMITTEE

Black, Chairman Bolton, Vice-Chairman Wilkinson, Secretary
Best Blackburn Dean of Towns Edwards Gowen Grimsley Hodges Holton Ivey
Jackson

Little Martin Matheson McKenna Moate Moses Murphey of Crawford Rutland Smiley
Stocks Strickland Swindle Upshaw

HISTORICAL RESEARCH- COMMITTEE

Willis, Chairman Adams of Upson, Vice-Chairman Bodenhamer, Secretary
Abney Barrett Baughman Bentley Black Blalock Bloodworth Brown Carswell Clark
Cloud Coffin
Coker Denton Gowen

Gunter Haar Harper Harris Hayes Jordan of Wheeler Lanier Lifsey
McWhorter Musgrove Raulerson Short Stephens' of Clark Stewart Veal Watson Williams of Bulloch

HYGIENE AND SANITATION COMMITTEE

Williams of Bulloch, Chairman Mishoe, Vice-Chairman Groover of Troup, Secretary
Ayers Baughman

Boggus Callier Coker Dean of Towns Deen of Bacon

46

JOURNAL. OF THE HOUSE,

Gilder Hamilton Harrison of Wayne Holley Holloway
Lewis Lifsey Little McGarity Mincy

Murphy of Haralson Potts Ray Trapnell Tumlin Turner White Williams of Tift Young

INDUSTRIAL RELATIONS COMMITTEE

Rowland, Chairman McGee, Vice-Chairman Barber of Jackson, Secretary
Adams of Upson Barber of Colquitt Best Birdsong Conger
Cornelius Foster
Gardner Gowen Greer Groover of Troup

Harper Hicks Holley
Hollis lvey Musgrove Ray Russell Rutland Smith of Emanuel Stephens of Clarke Terrell Twitty Wiggins

INSURANCE COMMITTEE

Smith, M. of Fulton, Chairman Harper, Vice-Chairman Otwell, Secretary
Barber of Colquitt Bell Best Blalock Brantley Carswell Connell Garrard Greene of Crisp Groover of Troup Hall Harrell Harrison of Jenkins Harrison of Wayne Holton Hurst Jackson

Jessup Kemp
Land Lavender Murphey of Crawford Perkins Phillips of Columbia Phillips of Walton Rowland Russell Sipple . Stephens of Clarke Tarbutton Turner Ursrey
Veal Williams of Bulloch Willingham Young

INTERSTATE COOPERATION COMMITTEE

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

Phillips of Columbia Twitty

TUESDAY, JANUARY 13, 1953

47

INVALID PENSIONS AND SOLDIERS HOME COMMITTEE

Callier, Chairman Jordan of Gwinnett,
Vice-Chairman Hodges, Secretary
Barber of Colquitt Barrett Bodenhamer Brannen Cummings
Dean of Towns Dews Dunaway Frier Grimsley Hamilton

Ivey
Lanier Little McWhorter Murphey of Crawford Murphy of Haralson Phillips of Columbia Phillips of Walton Register Sipple Walker Watson Weems White

JOURNALS COMMITTEE

Garrard, Chairman Raulerson, Vice-Chairman Brantley, Secretary
Alexander Callier Clary
Coker Fowler Frier Green of Baldwin Henderson Hicks Holloway
Hurst

Lewis Lokey Mincy
Moore of White Otwell Smith of Cobb Strickland Tamplin Upshaw Veal Walker Weems Whitener Williams of Tift

LEGISLATIVE AND CONGRESSIONAL RE-APPORTIONMENT COMMITTEE

Moate, Chairman
Deal, Vice-Chairman Smiley, Secretary
Birdsong Blackburn Boggus
Brannen Campbell of Oconee Cloud Connell Coogle Drinkard
Geer Greene of Crisp Hall Holley Hopkins Kemp Key

King Lanier
Lavender Matthews Phillips of Columbia Phillips of Walton Raulerson Ray
Rowland Scoggin Sheffield Sivell Smith of Emanuel
Smith, M. of Fulton Stocks Swindle Trapnell Twitty Weems

48

JOURNAL OF .THE HOUSE,

MANUFACTURERS COMMITTEE

lvey, Chairman Swindle, Vice-Chairman Groover of Bibb, Secretary
Adams of Upson Bentley Birdsong Blalock Bloodworth Bolton Bray Britton Buie Cornelius Floyd Fowler Gardner Garrard
Geer Goodson Gowen Hall

Harrell Hurst Jackson Land Little Martin Moate Moore of ~ckens Moye
Mull Musgrove Peacock Potts
Rutland Smith, M. of Fulton Stevens of Marion Stewart Twitty Wiggins Williams of Franklin

MILITARY AFFAIRS COMMITTEE

Turner, Chairman Sheffield, Vice-Chairman Byrd, Secretary
Abney Adams of Upson Ayers
Barber of Jackson Best Brazeal Campbell of Oconee Campbell of Walker
Fowler Groover of Bibb Gunter Haar Holton Hurst

Johnson Jones of Lumpkin Jordan of Gwinnett Kemp
Lanier Mauldin McGarity McKenna Murr Scoggin
Smith of Cobb Smith, H. of Fulton Tumlin Watson Wiggins Willingham Young

MINES AND MINING COMMITTEE

McGarity, Chairman Wiggins, Vice-Chairman Abney, Secretary
Barrett Bray Campbell of Walker Cornelius Dean of Towns Fowler Frier Green of Baldwin

Green of Rabun Gunter Hamilton Hayes Hodges Holloway Ingle Jones of Lumpkin Lifsey Moye
Mull

TUESDAY, JANUARY 13, 1953

49

Murphy of Haralson Register
Tumlin Upshaw

Wardlow Weems Whitener Young

MOTOR VEHICLES COMMITTEE

Jones of Lumpkin, Chairman Drinkard, Vice-Chairman Nelson, Secretary
Alexander Barrett Birdsong Black Brazeal Callier Chastain Clark Connell Garrard Geer Gillis Graham Hall

Henderson Hollis McKenna Moate Mull Murphey of Crawford Phillips of Columbia Rutland Sipple Sivell Smith of Cobb Smith, M. of Fulton Stephens of Clarke Stevens of Marion Terrell Ursrey Wiggins

MUNICIPAL GOVERNMENT COMMITTEE

Smith, H. of Fulton, Chairman Turner, Vice-Chairman Cowart, Secretary
Abney Barber of Colquitt Best Blalock Britton Carter Chastain Duncan Durham Edenfield Flynt
Garrard Gowen Graham Green of Rabun Greene of Crisp Greer Grimsley

Groover of Troup Harris Harrison of Jenkins Hayes
Hollis Jackson Lewis Lifsey Lovett McGee Otwell Phillips of Walton Scoggin Sheffield Swindle Tarbutton Todd Turk Ursrey Williams of Bulloch Willingham

PENITENTIARY COMMITTEE

Kemp, Chairman Harrison of Wayne,
Vice-Chairman Drinkard, Secretary
Brannen Bray

Brooks Coogle Deal Dews Duncan Durham

50

joURNAL OF THE HOUSE,

Flynt
Foster Greene of Crisp Groover of Troup Henderson Hicks Hodges Holloway Jessup Johnson
Jordan of Gwinnett Matheson McGarity Mobley

Moore of Pickens Nightingale Peacock Phillips of Walton
Pickard Rowland Short Stevens of Marion Stocks Tamplin Tumlin Turner Ursrey Willingham

PENSIONS COMMITTEE

Adams of Evans, Chairman Tumlin, Vice-Chairman Harris, Secretary
Adams of Upson Birdsong Boggus Bolton Britton Byrd Conger Connell Dean of Towns Drinkard Duncan Edwards Gowen Greer Hollis

Holloway Holton Key Mishoe Parker Phillips of Walton Potts Raulerson Russell Rutland Short Smiley Smith, M. of Fulton Watson Wiggins Williams of Franklin Young

PRIVILEGES AND ELECTIONS COMMITTEE

Birdsong, Chairman Denton, Vice-Chairman Little, Secretary
Bloodworth Durham Fowler Gardner Garrard Henderson Holloway
Hurst Layton McGarity McGee

McKenna Moore of Pickens Murphy of Haralson Parker Peacock Russell Smith of Cobb Tallant Terrell Trapnell Wardlow White Willis

PRIVILEGES OF THE FLOOR COMMITTEE

Harrell, Chairman Barrett, Vice-Chairman

Huddleston, Secretary Brannen

TUESDAY, JANUARY 13, 1953

51

Bray

Britton

Buie

Campbell of Oconee



Coogle Foster

Greene of Crisp

Groover of Troup

Hall

Harper

Hopkins

King

Lanier

Lokey

Lovett Matthews McCracken Moye
Musgrove Nelson Phillips of Columbia Ray
Smith of Emanuel Tamplin Tumlin Williams of Bulloch Wooten

PUBLIC HIGHWAYS NO. 1 COMMITTEE

Brazeal, Chairman Pickard, Vice-Chairman Little, Secretary
Barrett Baughman Black Blalock Brantley
Brooks Brown Callier Campbell of Oconee Carswell Chastain Clark Cloud Coogle Cowart Cummings Dean of Towns
Duncan Edenfield Foster Gillis Green of Rabun

Greene of Crisp Hopkins Huddleston Hurst Ivey Jessup Jones of Worth Jordan of Wheeler Key King
Land Lifsey
Mishoe Moate Musgrove Murphey of Crawford Murphy of Haralson, Sheffield Short Sivell Tamplin Turner Whitener Williams of Tift Willingham

PUBLIC HIGHWAYS NO. 2 COMMITTEE

Wooten, Chairman Henderson, Vice-Chairman Wiggins, Secretary
Abney Adams of Evans Barber of Colquitt Blackburn Bloodworth Brannen Britton Buic Byrd

Campbell of Walker Carter Clary Denton Dews Dunaway
Freeman Geer Gilder Groover of Tr.oup Harrison of Jenkins Harrison of Wayne

52

JOURNAL OF THE HOUSE,

Hayes Johnson Lewis Lovett McGarity Moses Nightingale Otwell Peacock Potts Raulerson Rowland

Smiley

Smith, M. of Fulton

Stevens of Marion

Stocks

Strickland Tarbutton



Tarpley

Turk

Watson

White

Wilkinson

PUBLIC LIBRARY COMMITTEE

Coogle, Chairman Tamplin, .Vice-Chairman Bloodworth, Secretary
Barber of Jackson Blackburn Byrd
Cloud Denton Durham Floyd Foster Groover of Bibb Harrell Hurst Kemp

Layton Lewis Lokey Mauldin McGarity Mincy
Moore of White Murr Nelson Smiley Smith of Cobb Stephens of Clarke Tallant Terrell

PUBLIC PRINTING COMMITTEE

Drinkard, Chairman MeWhorter, Vice-Chairman Trapnell, Secretary
Adams of Eans Ayers Barber of Jackson Birdsong Bray Brazeal Brown Carswell Chastain Cornelius Cowart

Gardner Harper Harrison of Wayne Holton Huddleston Moye Nelson Parker Rowland Sheffield Tumlin Whitener Williams of Bulloch

PUBLIC PROPERTY COMMITTEE

Blalock, Chairman Tarpley, Vice-Chairman Sivell, Secretary
Barber of Colquitt Coogle Cornelius Durham

Edwards Fowler Greene of Crisp Greer Groover of Bobb Groover of Troup Hale

TUESDAY, JANUARY 13, 1953

53

Harrell Harrison of Jenkins Hicks Land Mincy Moore of White Murr Parker

Perkins Register Tarbutton Upshaw Ursrey White Willis

PUBIJC UTILITIES COMMITTEE

Coffin, Chairman Short, Vice-Chairman Wooten, Secretary
Abney Bentley Blalock Callier Carswell Coker Conger
Connell Denton Freeman
Garrard Green of Rabun

Harrison of Jenkins Harrison of Wayne Holley Jones of Lumpkin McGee Murphy of Haralson Otwell Phillips of Walton Pickard Rutland Smith, H. of Fulton Tarbutton Upshaw Ursrey
Watson

PUBLIC WELFARE COMMITTEE

Greer, Chainnan Boggus, Vice-Chairman Buie, Secretary
Adams of Evans Barber of Jackson Bell Blackburn Bodenhamer Brantley Bray Cloud Coker Cowart Foster Freeman Frier Green of Baldwin Green of Rabun Grimsley Harrison of Jenkins Henderson Hollis

Hopkins Huddleston Johnson Kemp Lifsey Matheson McCracken McKenna McWhorter Moate Mobley
Moore of Pickens Moye Murphey of Crawford Murr Nelson Otwell Scoggin
Turk Twitty
Willis Wooten

RAILROADS COMMITTEE

Holley, Chairman
Haar, Vice-Chairman Phillips of Walton, Secretary

Barber of Colquitt Bloodworth Boggus

JOURNAL OF THE HOUSE, -

Brantley Brooks Conger Coogle Durham Freeman Gardner Goodson Greer Groover of Troup Huddleston Land Lavender Layton Matthews

McGee Mincy
Murr Parker Perkins Pickard Potts Register Smith, M. of Fulton Tallant Tarbutton Terrell Turk Wilkinson

RULES COMMITTEE
Mr. Speaker, Chairman Twitty, Vice-Chairman Gardner, Secretary
Barrett ''''".Brazeal
Brown Byrd Callier Campbell of Oconee Campbell of Walker Chastain Coffin Connell Drinkard Geer Gillis Greene of Crisp Groover of Bibb Haar Hall Harrell Harrison of Wayne Holley Hopkins

Jackson Jones of Lumpkin Jordan of Wheeler Key King Lavender Lovett McCraken McGee Moate Moore of White Phillips of Columbia Pickard Ray Smiley Smith of Emanuel Smith, H. of Fulton Stephens of Clarke Stevens of Marion Stocks Tarbutton Turner Willingham

SANITARIUM AT ALTO AND ROME COMMITTEE

Hicks, Chairman Sipple, Vice-Chairman lvey, Secretary
Abney Blackburn Buie Byrd Conger Cornelius Denton Edwards Floyd Goodson
Haar

Hale Harris Holloway Holton Land Layton Mincy Mobley Moore of Pickens Smith of Cobb Terrell Upshaw Willis

TUESDAY, JANUARY.13, 1953

55

SPECIAL APPROPRIATIONS COMMITTEE

Barber of Colquitt, Chairman Smiley, Vice-Chairman Smith of Cobb, Secretary
Ayers
Barber of Jackson Blackburn Brazeal Brooks Byrd Clark Clary Conger Cummings Denton Dews Dunaway Edwards Foster Gilder Green of Baldwin Hale

Holley Holloway Hurst Jones of Worth Lewis Martin Matthews McGarity Mobley Mull Perkins Phillips of Walton Potts Stocks Strickland Tallant Todd Veal Walker Williams of Tift Young

SPECIAL JUDICIARY COMMITTEE

Brooks, Chairman Smith of Cobb, Vice-Chairman Watson, Secretary
Adams of Upson Bray Brown Carter Coker Cornelius Cowart Dews Durham Floyd Gunter Harrison of Wayne

Hayes Holloway Hughes Jones of Worth Land Mishoe Moses Moye Scoggin Short Smith, H. of Fulton Tallant Terrell Turk Williams of Tift

STATE OF THE REPUBLIC COMMITTEE

McCracken, Chairman Phillips of Columbia,
Vice-Chairman Todd, Secretary
Adams of Evans Alexander Baughman Bentley Black Blalock Brannen Brazeal Brooks

Brown Byrd .Callier
Campbell of Oconee Clary
Connell Coogle
Penton Drinkard Edenfield Edwards Flynt Foster

'

56

JOURNAL OF THE HOUSE,

Garrard Gillis Graham Harrell Hayes Huddleston Hurst Ivey Jackson Jones of Lumpkin Kemp Lanier Lovett Matthews McGarity McKenna Moate Moses

Murr Nelson Otwell Raulerson Ray
Rowland Russell Sheffield Sivell Smiley Smith of Emanuel Stevens of Marion Tamplin
Twitty Wiggins Wilkinson Willis

STATE PRISON FARMS COMMITTEE

Stevens of Marion, Chairman Moses, Vice-Chairman Willis, Secretary
Alexander
Britton Brown Buie Byrd Foster Fowler Goodson Haar Hicks

Huddleston Hughes
Jordan of Gwinnett King
McCracken Mishoe Mobley
Moore of Pickens Nelson Potts Tallant Terrell

TEMPERANCE COMMITTEE

Connell, Chairman Willingham, Vice-Chairman King, Secretary
Brooks Coogle Edenfield Gardner Gillis Graham Groover of Bibb
Harris Holley Hopkins

Key McCracken McGarity McGee Musgrove
Phillips of Columbia Pickard Sipple Smiley
Smith of Emanuel Smith, M. of Fulton Willis

TRAINING SCHOOLS COMMITTEE

Bell, Chairman Rutland, Vice-Chairman Green of Baldwin, Secretary
Adams of Evans

Blackburn Buie Chastain Cloud

TUESDAY, JANUARY 13, 1953

57

Cowart Drinkard Edwards Foster Geer Green of Rabun Hall Jones of Lumpkin Kemp Matheson

McGee McKenna Moore of White Murr Otwell Parker Turner Watson Willingham

UNIFORM STATE LAWS COMMITTEE

Pickard, Chairman Bentley, Vice-Chairman Durham, Secretary
Brazeal Chastain Conger Dunaway Floyd Goodson Green of Baldwin Groover of Bibb Hall

Holley Hughes Jones of Lumpkin Jordan of Gwinnett King Land Mincy Mobley
Moore of White Murr Stephens of Clarke Wilkinson

UNIVERSITY SYSTEM OF GEORGIA COMMITTEE

Matthews, Chairman Smith, H., of Fulton
Vice-Chairman Cummings, Secretary
Ayers Barber of Jackson Bell Brooks Campbell of Oconee Carter Coker Deen of Bacon Duncan Fowler Gardner Harris Hayes Hollis Lavender Little

Lokey Mincy
Moore of Pickens Moses Murr Musgrove Parker Ray Register Rowland Russell Smith of Emanuel Smith, M. of Fulton Stephens of Clarke Tamplin Trapnell
Whitener Wiggins
Willis

VETERANS AFFAIRS COMMITTEE

Jordan, of Wheeler,
Chairman Tarpley, Vice-Chairman Goodson, Secretary
Baughman Bentley

Boggus Bolton Britton Clary Conger Dews

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JOURNAL OF THE HOUSE,

Dunaway Floyd
Gardner Graham Harris Hayes Hicks Hollis Hopkins Huddleston King Lavender Lewis

Lokey
Lovett Matheson Murphy of Haralson Nightingale Perkins Phillips of Walton Russell Short Stevens of Marion Turk Wardlow Wooten

WAYS AND MEANS COMMITTEE

Ray, Chairman Lokey, Vice-Chairman Key, Secretary
Adams of Upson Alexander Baughman
Bell Bentley Best Birdsong Bloodworth Bolton Bray Britton Chastain Coker Connell Cornelius Cowart Cummings Dews Durham Fowler Freeman Frier Garrard Gowen Greene of Crisp
Greer

Harrison of Jenkins Hicks Ivey Jones of Worth Jordan of Wheeler Land Lanier Lavender Lifsey Little Moye Parker Peacock Pickard Rutland Scoggin
Short Smith of Emanuel Smith, M. of Fulton Stewart Tamplin Tarbutton Twitty
Watson Wiggins Williams of Bulloch Willingham Wooten Young

WESTERN & ATLANTIC RAILROAD COMMITTEE

Harrison of Jenkins, Chairman
Bentley, Vice-Chairman Flynt, Secretary
Barber of Jackson Bolton Britton Buie Byrd

Campbell of Walker Coker Coogle Cowart Deen of Bacon Dews Drinkard Durham Fowler

TUESDAY, JANUARY 13, 1953

59

.Geer Graham Hale Hopkins Huddleston Hughes Johnson Kemp Lewis Matthews Mobley Mull

Murphy of Haralson Parker Perkins Pickard Ray Scoggin Sheffield Sivell Stocks Tarpley Turk Wardlow

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.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Wednesday, January 14, 1953.

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.

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

Abney of Catoosa Adams of Evans Adams of Upson Alexander Ayers Barber of Colquitt Barber of Jackson Baughman Bell Bentley
Best Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus
Bolton Brannen Brantley Britton Brooks Brown Buie Byrd Campbell of Oconee Campbell of Walker
Carswell Carter Chastain Clark Clary
Cloud Coffin Coker Conger
Connell Coogle Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton Dews

Drinkard Dunaway Durham Edwards Flynt
Foster Fowler Freeman Frier Gardner Garrard Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley
Groover of Bibb Groover of Troup Gunter Haar Hale Hamilton Harper
Harrell Harris Harrison of Jenkins Hayes Henderson Hicks Hodges
Hollis Holton Huddleston Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett

Kemp Key King Land Lanier Lavender Layton
Lewis Lifsey Little Lokey Lontt McCracken McGee McKenna McWhorter Martin Matheson Matthews Mauldin Mincey
Moate Mobley
Moore of Pickens Moore of White Moses Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Otwell Parker Peacock Perkins Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Register Russell Rutland Scoggin
Short

WEDNESDAY, JANUARY 14, 1953

61

Sipple of Chatham Sivell of Harris Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Stewart
Stocks Strickland Swindle

Tallant Tamplin Tarpley Terrell Todd Trapnell Tumlin Turk Twitty Upshaw
Veal Walker Wardlow

Watson Weems White Whitener Wiggins
Williams of Bulloch Williams of Franklin Williams of Tift Willis Wooten Young Mr. Speaker

Those absent were Messrs. Barrett, Brazeal, Callier, Deal, Duncan, Edenfield, Floyd, Geer, Gilder, Hall, Harrison of Wayne, Holloway, Hopkins, Hurst, Jordan of Wheeler, McGarity, Mishoe, Nightingale, Ray, Rowland, Sheffield, Turner, Ursrey, Wilkinson and Willingham.

Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceeding has been read and f!Jund 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.

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 Mr. Callier of Talbot:
A Bill to be entitled an Act to amend an Act relating to apportionment of the House of Representatives among the several counties, as amended, so as to reapportion the members of the House of Representatives among the several counties according to the last census of the United States, and for other purposes.
Referred to the Committee on Legislative and Congressional Reapportionment.

HB 2. By Messrs. Groover, Harris and McKenna of Bibb:
A Bill to be entitled an Act to grant to the Board of Public Education and Orphanage for Bibb County, its successors and assigns, certain property in the City of Macon, and for other purposes.
Referred to the Committee on Academy for the Blind.

HB 3. By Mr. Walker of Rockdale:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to require the operator of commercially operated swimming places open to the public to have a lifeguard on duty at all times during business hours, and for other purposes.
Referred to the Committee on Public Welfare.

HB 4. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act known as the "Destruction of the Useless Public Records Act", and for other purposes.
Referred to the Committee on Public Welfare.

HB 5. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act known as the Georgia Adoption Law; To provide for the reimbursement by the State Department of Public Welfare to County or District Welfare Departments the amount expended for administrative expenses incurred in matters of adoption, and for other purposes.
Referred to the Committee on Public Welfare.

HB 6. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act to provide for the destruction by the various County Departments of Public Welfare of obsolete public assistance case records and related financial and statistical forms and reports, and for other purposes.
Referred to the Committee on Public Welfare.

HB 7. By Messrs. Bell of Richmond and Harrison of Jenkins:
A Bill to be entitled an Act to prohibit the advertisement of spirituous liquors and distilled spirits, and/or wine, and/or malt beverages, and for other purposes.
Referred to the Committee on Temperance.

HB 8. By Messrs. Bell of Richmond and Harrison of Jenkins:
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 Temperance.

HB 9. By Messrs. Bell of Richmond and Harrison of Jenkins:
A Bill to be entitled an Act to amend an Act entitled "An Act to prohibit the sale of wine or beer at a distance of one hundred yards of any school building or school house in this State, and for other purposes.
Referred to the Committee on Temperance.

HB 10. By Mr. Matheson of Hart: A Bill to be entitled an Act to amend an Act creating a Teachers' Re-

WEDNESDAY, JANUARY 14, 1953

63

tirement System, so as to provide that prior service credits shall be granted for any period or periods of service rendered prior to July 1, 1943 where the applicant therefor has, at any time before coming a member, completed at least twenty years of continuous service in this State as a teacher, and for other purposes.
Referred to the Committee on Pensions.

HB 11. By Mr. Bell of Richmond:
A Bill to be entitled an Act to amend an Act which provides that no attorney, or other officer of court, shall be taken as bail in any criminal case, or as security on any appeal or other proceeding, so as to provide that an attorney may be taken as bail in misdemeanor cases, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 12. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel and McCracken of Jefferson:
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 school lunches sold and served to pupils and employees of public schools; and on State banks in Georgia where it is determined that Nl.ltional Banks enjoy an immunity from such taxes, etc., and for other purposes.
Referred to the Committee on State of Republic.

HB 13. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to provide that the State Board of Education shall prescribe and approve text books for a course in Federal and State Government to be taught in high schools,; to provide that the course shall be taught for a period of not less than thirty minutes a day for a complete school years, and for other purposes.
Referred to the Committee on Education # 1.

HB 14. By Messrs. Matheson of Hart and Potts of Coweta:
A Bill to be entitled an Act to provide that it will be unlawful for the owner or person in possession of land in this State to have or maintain an abandoned open well or hole, etc., and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 15. By Messrs. King of Chattahoochee, Smith of Emanuel, Campbell of Oconee and Freeman of Monroe:
A Bill to be entitled an Act further define the powers and duties of the Department of Mines, Mining, and Geology; to empower the Department to prospect for water Supplies, and for other purposes.
Referred to the Committee on Mines and Mining.

HB 16. By Mr. Lovett of Laurens:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to provide that the State Board of Education may hold meetings anywhere within or without this State; to provide that members may travel on Board business within or without this State, etc., and for other purposes.
Referred to the Committee on Education # 2.

HB 17. By Messrs. Haar, McGee and Sipple of Chatham:
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, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 18. By Messrs. Matheson of Hart, Ayers of Madison and Lavender of Elbert:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Courts of the Northern Judicial Circuit, as applied to the office of the Solicitor General thereof, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 19. By Mr. Matheson of Hart:
A Bill to entitled an Act to provide than any county or city Board of Education operating, hiring or leasing any motor vehicle used in transporting school children, shall provide heating units for such vehicles, and for other purposes.
Referred to the Committee on Education # 1.

HB 20. By Mr. Dews of Calhoun:
A Bill to be entitled an Act to amend an Act relating to the filing and serving of demurrers and pleas, so as to provide for dismissing demurrers, pleas or cross-actions when the moving party fails to provide the opposite party with copies thereof, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 21. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act to provide for nominations by political parties in this State of candidates for United States Senator, Governor, State House Officers, Justices of the Supreme Court, and Judges of the Court of Appeals," etc., so as to revise the County Unit System applicable to such nominations, and for other purposes.
Referred to the Committee on State of Republic.

HB 22. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel and McCracken of Jefferson:
A Bill to be entitled an Act to ratify, approve and confirm the execu~ tive order of the Governor suspending the collection of income tax on the compensation, not to exceed the sum of $1,500.00 for any one calen-

WEDNESDAY, JANUARY 14, 1953

65

dar year, received by any person for services as a member of the armed forces of the United States during any portion of the calendar years 1950, 1951 or 1952, and for other purposes.
Referred to the Committee on State of Republic.

HB 23. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel and McCracken of Jefferson:
A Bill to be entitled an Act to ratify, approve and confirm the executive order of the GoveriJOr suspending the collection of corporation's income tax which would be due by a corporation because of a failure to provide a corporation the sa~e deducations from gross income of fifty per centum of the excess of a net long term capital gain over a net short term capital loss as is granted an individual, and for other purposes.
Referred to the Committee on State of Republic.

HB 24. By Messrs. Bell and Holley of Richmond, and Harrison of Jenkins and Key of Jasper:
A Bill to entitled an Act to provide for the liability of owners of livestock running at large or straying upon public roads, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 25. By Messrs. Murphy of Haralson and Smith of Cobb:
A Bill to be entitled an Act to amend an Act relating to the registration of posted lands by the Ordinary, so as to permit the lessee of land or the lessee of the game rights on the land to register the posted lands, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 26. By Messrs. Murphy of Haralson and Simth of Cobb:
A Bill to be entitled an Act to amend an Act relating to the laws governing and the fees of an attorney action as solicitor, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 27. By Mr. Turner of DeKalb:
A Bill to be entitled an Act to provide for the creation of the office of Judge of City Court emeritus; to create the Judge and Solicitor of the City Courts Retirement Fund of Georgia, and for other purposes.
Referred to the Committee on Pensions.

HB 28. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to amend, consolidate, create, revise and suspersede the several Acts incorporating the City of Barnesville, in the County of Lamar, and for other purposes.
Referred to the Committee on Municipal Government.

G'O .)

JOURNAL OF THE HOUSE,

HB 29. By Messrs. Gowen and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act creating a new City Court of Brunswick so as to increase the salary of. the Judge of said Court, and for other purposes.
Referred to the Committee on Municipal Government.

HB 30. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act so as to grant to the City of Camilla the power to purchase, erect, equip, maintain, operate, and own a gas distribution system, and for other purposes.
Referred to the Committee on Municipal Government.

HB 31. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Pelham, so as to provide for gas service for the City of Pelham, and for other purposes.
Referred to the Committee on Municipal Government.

HB 32. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Pelham so as to provide for extension of sewers, garbage collection service for the City of Pelham and for other purposes.
Referred to the Committee on Municipal Government.

HB 33. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Lamar County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 34. By Messrs. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; to permit the erection and maintenance of an overhead passageway across certain streets, and for other purposes.
Referred to the Committee on Municipal Government.

HB 35. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to provide for the scientific appraisal of all taxable property in the City of Wrens, and for other purposes.
Referred to the Committee on Municipal Government.
HB 36. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to provide for the scientific appraisal of all taxable property in the City of Louisville, and for other purposes.
Referred to the Committee on Municipal Government.

WEDNESDAY, JANUARY 14, 1953

67

HB 37. By Mr. Dews of Calhoun:
A Bill to be entitled an Act to amend an Act entitled "An Act to increase the number of Commissioners of Roads and Revenues for the County of Calhoun from three to five, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 38. By Mr. Stewart of Echols:
A Bill to be entitled an Act to provide that purchases made by the County Board of Education of Echols County shall be done by public bidding, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 39. By Mr. Tallant of Cherokee:
A Bill to be entitled an Act to change the time of holding the Superior Court of Cherokee County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 40. By Mr. Holloway of Gilmer:
A Bill to be entitled an ACt to change the time of holding the Superior Court of Gilmer County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 41. By Mr. Smiley of Liberty:
A Bill to be entitled an Act to amend an Act creating the City Court of Hinesville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 42. By Messrs. Matheson of Hart and Wiggins of Stephens:
A Bill to be entitled an Act to provide that when a motor vehicle or tractor meets an approaching vehicle during the hours headlights are necessary, such headlights shall be dimmed, etc., and for other purposes.
Referred to the Committee on Motor Vehicles:

HR 7-42a By Mr. Dean of Towns:
A Resolution authorizing the Governor and Director of State Parks to negotiate with the proper officials of the Tennessee Valley Authority in the procuring of title or lease of property in the Chatuge Lake Area to the State of Georgia, and for other purposes.
Referred to the Committee on Public Property.

HR 8-42b By Mr. Greene of Crisp:
A Resolution to compensate the Strickland Motor Company of Cordele, Georgia for repairs made on an automobile damaged when commandered

68

JOURNAL OF THE HOUSE,

by a guard in the employ of the State for pursuit of an escaped State prisoner, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 9-42c. By Messrs. Terrell and Gunter of Hall:
A Resolution to provide funds to compensate H. L. Sexton for damages to his automobile caused by the negligent operation of a truck of the Georgia Forestry Department, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 10-42d. By Mr. Lovett of Laurens:
A Resolution proposing to the qualified voters of Georgia an amendment relating to County Boards of Education, so as to provide that the members of the County Boards of Education shall be elected by the people, and for other purposes.
Referred to the Committee on Amendment to Constitution# 1.

HR 11-42e. By Mr. Lovett of Laurens:
A Resolution authorizing the State Board of Education to sell all or any part of the property on which the colored school for the blind is located in Bibb County, and for other purposes.
Referred to the Committee on Public Property.

HR 12-42f. By Mr. Turner of DeKalb:
A Resolution to compensate William Melvin Kimbrell for damages, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 13-42g. By Mr. Turner of DeKalb:
A Resolution to compensate William H. McCoy for damages, and for other purposes.
Referred to the Committee on Special Appropriations.
HB 43. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to amend an Act to provide Pensions to employees of the City of Albany, and for other purposes.
Referred to the Committee on Municipal Government.
HB 44. By Messrs. Lavender of Elbert, Wiggins of Stephens, Matthews of Clarke and Best of Clay:
A Bill to be entitled an Act to amend an Act for the purpose of establishing necessary qualifications of applicants for registration to practice Optometry after examination and of designating the subjects in which said applicants shall be examined, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

WEDNESDAY, JANUARY 14, 1953

69

HB 45. By Mr. M. M. Smith of Fulton:
A Bill to be entitled an Act to regulate the sale of used motor vehicles, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 46. By Mr. M. M. Smith of Fulton:
A Bill to be entitled an Act to make it a felony to commit assault and Battery while incarcerated in any jail, prison or work camp in the State of Georgia, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 47. By Mr. M. M. Smith of Fulton:
A Bill to be entitled an Act to lend dignity and respect to the Judiciary of this State by requiring all Judges to wear black robes while presiding in court, and to provide for the keeping of flags in the courtrooms, etc., and for other purposes.
Referred to the Committee on Special Judiciary.

HB 48. By Messrs. Perkins of Carroll, Deen of Bacon, Goodson of Heard, Cowart of Stewart, Murphy of Haralson, Wardlow of Turner, Foster and Kemp of Clayton:
A Bill to be entitled an Act to amend an Act which prohibited Clerks of courts from, charging veterans of certain wars a fee for recording their discharge certificates, and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 49. By Messrs. H. Smith of Fulton, Hollis of Muscogee, M. Smith of Fulton and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act entitled "Public Safety Department" to increase personnel and certain officers in number, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 50. By Messrs. H. Smith and M. Smith of Fulton, Hollis of Muscogee and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act entitled "Public Safety Department", relating to the appointment, term, salary, removal, qualifications, vacancy, bond, and oath of the Director of Public Safety, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 51. By Mr. Blalock of Coweta:
A Bill to be entitled an Act to repeal an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; to provide for the taxation, legalization, control, manufacture, importation, distribution, sale and storage of alcoholic beverages and liquors, and to

70

JOURNAL OF THE HOUSE,

amend the present laws of Georgia in reference to same, and for other purposes.
Referred to the Committee on Temperance.

HB 52. By Mr. Greer of Lanier:
A Bill to be entitled an Act to levy and provide for collection of an excise tax upon State and National Banks, State Building and Loan Association, and Federal Savings and Loan Associations, such tax to be in lieu of all other taxes except taxes on real estate owned by them, and for other purposes.
Referred to the Committee on Ways and Means.

HB 53. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide for the conversion of National Banking Associations into, and their merger of consolidation with State Banks; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 54. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that any corporation chartered by the Superior Courts having a paid in capital stock of at least $100,000.00 and which is exercising the privileges and powers granted by law to trust companies, may, by two-thirds vote of its stockholders, convert into a state banking corporation, and for other purposes.
Referred to the Committee on Banks and Banking.

HB 55. By Messrs. Stephens, and Matthews of Clarke:
A Bill to be entitled an Aet to provide for the retention and disposition of bank records, and for other purposes.
Referred to the Committee on Banks and Banking.

HB 56. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that deposits of funds at interest in a chartered state or national bank or trust company shall be legal investments for fiduciaries, and for certain other purposes.
Referred to the Committee on Banks and Banking

HB 57. By Messrs. Stephens and Matthews of Clarke:
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 58. By Messrs. Blalock of Coweta, Nightingale and Gowen of Glynn: A Bill to be entitled an Act to amend an Act entitled "An Act to create

WEDNESDAY, JANUARY 14, 1953

71

the Jekyll Island State Park Authority'', and for other purposes Referred to the Committee on Public Property.

HB 59. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to provide that from and after the passage of this Act no municipal corporation or county authority of this State shall levy or collect any license, occupation or professional tax upon practitioners of Law, Medicine, Osteopathy, Chiropractic, Chiropody, Dentistry, Optometry, Masseur, Public Accounting, Embalming, Civil, Mechanical, Hydraulic or Electrical Engineering or Architecture, and for other purposes
Referred to the Committee on Ways and Means.

HB 60. By Mr. Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act supplementing the fees and commissions now received by the Sheriff, Tax Collector, Tax Receiver, and Clerk of the Superior Court of Bleckley County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 14-60a. By Messrs. Freeman of Monroe, Twitty of Mitchell, Smith of Emanuel, Ray of Warren, Flynt of Taliaferro and Stephens of Clarke:
A Resolution requesting that three members from the House and two from the Senate be appointed to take part in the ceremonies of the presentation of the Bust of Alexander H. Stephens in Richmond, Vir ginia, and that five persons named herein be appointed as Aides to the Committee.
Referred to the Committee on State of Republic.

HR 15-60b. By Mr. M. Smith of Fulton: A Resolution authorizing the purchase of an oil painting of the late Margaret Mitchell, and for other purposes
Referred to the Committee on Special Appropriations.

HB 61. By Mr. Hand of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "Revenue Certificate Law of 1937", to provide fees for validation by the clerk of the Superior Court of revenue certificates, and for other purposes
Referred to the Committee on State of Republic.

HR 16-61a. By Mr. Hughes of Dawson:
A Resolution to authorize the Governor to sell approximately fourteen acres of land owned by the State in Dawson County which has never been granted by the State, and for other purposes
Referred to the Committee on Public Property.

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JOURNAL OF THE HOUSE,

The ~ollowing Resolution of the House was read and adopted:

HR 17. By Mr. Twitty of Mitchell:

A RESOLUTION
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 at 11:00 o'clock, A. M., Monday, January 19, 1953, for the purpose of hearing the Budget Message of the Honorable Herman E. Talmadge, Governor.
Be it further resolved, that a Committee of Escort, three to be appointed by the Speaker and two by the President of the Senate, be named to escort the Governor to the Hall of the House.
Under provisions of HR 17, the Speaker appointed as members of the Committee of Escort on the part of the House, the following members of the House, to-wit:
Messrs. Perkins of Carroll, Drinkard of Lincoln, and Smiley of Liberty.

Honorable James Cochran, National Commander of the Veterans of Foreign Wars of the United tSates was introduced to the House by the Speaker, and Commander Cochran addressed the Members of the House.

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 tomorrow morning at 10:00 o'clock.

THURSDAY, JANUARY 15, 1953

73

Respresentative Hall, Atlanta, Georgia. Thursday, January 15, 1953.

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 Mr. Bodenhamer of Tift, Chaplain for the day.

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

Abney of Catoosa Adams of Evans Adams of Upson Alexander Ayers
Barber of Colquitt Barber of Jackson Barrett Baughman Bell Bentley Best Birdsong Black Blackburn Blalock
Bloodworth Bodenhamer Boggus Bolton Brantley Britton Brooks Brown Buie Byrd
Callier Campbell of Oconee Campbell of Walker
Carswell Carter Clark Clary
Cloud Coffin
Coker Conger Connell Coogle
Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon

Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Floyd Flynt
Foster Fowler
Freeman Frier Gardner Garrard
Geer Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Haar Hale Hall Hamilton Harper
Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes
Henderson Hicks Hodges Holley Hollis

Holloway Holton Hopkins Huddleston Hughes Hurst Ingle Ivey
Jackson Jessup
Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King
Land Lanier Lavender Layton Lewis Lifsey Little Lokey
Lovett McCracken McGarity McGee McKenna McWhorter Martin Matheson Matthews
Mauldin Mincey Mishoe Moate Mobley
Moore of Pickens
Moore of White Moses Mull Murphey of Crawford

74

JOURNAL OF THE HOUSE,

Murphy of Haralson
Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Register Rowland Russell Rutland Scoggin Short

Sipple of Chatham Sivell of Harris Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Stewart Stocks Strickland Swindle Tallant Tamplin Tarpley
Terrell Todd Trapnell Tumlin Turk

Turner Twitty Upshaw Ursrey
Veal Walker Wardlow Watson Weems White Whitener Wiggins Wilkinson Williams of Bulloch Williams of Franklin Williams of Tift Willingham
Willis Wooten Young Mr. Speaker

Those absent were Messrs. Brannen, Brazeal, Chastain and Sheffield.

Mr. Garrard of Wilkes, 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. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported.

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

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

HR 17. By Mr. Twitty of Mitchell:
A resolution by the House, the Senate concurring, that the House and Senate meet in joint session in the hall of the House of Representatives at 11 o'clock AM Monday, January 19, 1953, for the purpose of hearing the budget message of the Honorable Herman E. Talmadge, Governor.

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75

Be it further resolved that a committee of escort, three to be appointed by the Speaker of the House and two by the president of the Senate be named to escort the Governor to the hall of the House.
The president appointed on the part of the Senate: Senators Kennedy of the 47th and Kelley of the 18th.

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

HB 62. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Ray of Warren:
A Bill to be entitled an Act to repeal an Act relating to the safe-keeping and support of convicts, etc., and for other purposes.
Referred to the Committee on State of Republic.

HB 63. By Messrs. Twitty and Hand of Mitchell, Smith of Emanuel and Ray of Warren:
A Bill to be entitled an Act to amend an Act creating the State Board of Corrections, so as to provide for the procedure for the establishment of county public works camps and the receiving and withdrawal of prisoners therefrom, and for other purposes.
Referred to the Committee on State of Republic.

HB 64. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to allow any incorporated municipality of this State to act as Trustee of any funds donated to any cemetery within the limits of said municipality, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 65. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to provide for the disposition of property where there is no sufficient evidence that the persons have died otherwise than simultaneously, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 66. By Messrs. Wiggins of Stephens and Matheson of Hart:

A Bill to be entitled an Act to repeal an Act relating to explosives, and

for other purposes.



Referred to the Committee on Special Judiciary.

HB 67. By Messrs. Wiggins of Stephens, H. Smith of Fulton, Matheson of Hart, Ayers of Madison, Jordan of Gwinnett, Bentley of Cobb, Jesup of Bleckley and others:
A Bill to be entiled an Act relating to motor vehicles, trailers, the ownership thereof and other interests therein; to provide for registration and issuance of Certificates of title and for filing and recordation

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JOURNAL OF THE HOUSE,

of liens and encumbrances thereon upon payment of certain fees, etc., and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 68. By Mr. Adams of Upson:
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, etc., and for other purposes.
Referred to the Committee on General Judiciary# 1.

HB 69. By Messrs. Adams and Brantley of Upson, and Veal of Putnam:
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.
HB 70. 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 relating to the recommendation by the Grand Jury as to the operation or suspension of the Alternative Road Law, so as to replace such recommendation by the Grand Jury with the resolution of the county governing authority, and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 71. By Messrs. Ray of Warren, Greer of Lanier, H. Smith of Fulton, Lokey of Fulton, Twitty of Mitchell, Stephens of Clark and many others.
A Bill to be entitled an Act to create the positions of Associate Public Service Commissioners, and for other purposes.
Referred to the Committee on Pensions.
HB 72. By Messrs. McCracken of Jefferson, Matthews of Clarke, Greer of Lanier, Key of Jasper, Swindle of Berrien, Strickland of Brantley, and Smith of Emanuel:
A Bill to be entitled an Act to authorize the members of the Public Service Commission of the State of Georgia to receive a contingent expense allowance and to provide for the method of paying said allowance, etc., and for other purposes.
Referred to the Committee on State of Republic.
HB 73. By Messrs. Matheson of Hart, Wiggins of Stephens and Phillips of Walton:
A Bill to be entitled an Act to provide that all motor vehicles, except tractors, operated upon the roads or highways shall be equipped with mufflers, and for other purposes.
Referred to the Committee on Motor Vehicles.

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77

HB 74. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act relating to the fees paid to Coroners, by providing that in certain counties within this State, the Coroner shall be paid a salary of $780.00 per year, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 75. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act establishing the City Court of Waycross and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 76. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act that established the City Court of Waycross; to provide for the salary of the Judge of said City Court, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 77. By Messrs. Mincy of Ware, Frier of Ware:
A Bill to be entitled an Act to amend an Act creating the City Court of Waycross, and for other purposes.
Referred to the Committee on Counties and County Matters:

HB 78. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act which Act is a part of the charter of the City of Waycross, by providing for an increase in the maximum fine in Police Court, and for other purposes.
Referred to the Committee on Municipal Government.

HB 79. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act relating to the Charter of the City of Waycross and to set up a new form of government for the City of Waycross, and for other purposes.
Referred to the Committee on Municipal Government.

HB 80. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act to provide that the County of Muscogee shall supplement the salary of the Judge of the Superior Courts of the Chattahoochee Circuit, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 81. By Messrs. Hollis, Young and Pickard of Muscogee: A Bill to be entitled an Act to provide for, fix and regulate the salary,

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and to prescribe the duties of the official court reporter for the Superior Court of Muscogee County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 82. By Messrs. Hollis, Young and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "An Act to Create A Board of Commissioners of Roads and Revenues in Muscogee County", and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 83. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "An Act to create A Board of Commissioners of Roads and Revenues in the County of Muscogee"; to proved for the election of two additional Commissioners, and for other purposes.
Referred tQ the Committee on Counties and County Matters.
HB 84. By Messrs. Hollis, Young and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "An Act to Combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 85. By Mr. Potts of Coweta:
A Bill to be entitled an Act to provide for the terms of the Superior Court of Coweta County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 86. By Messrs. Rutland, McWhorter and Turner of DeKalb:
A Bill to be entitled an Act to amend an Act providing a salary for the official Court Reporter for the Stone Mountain Judicial Circuit, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 87. By Mr. Stewart of Echols:
A Bill to be entitled an Act to amend an Act relating to the Commissioners of Roads and Revenues of Echols County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 18-87a. By Messrs. Bodenhamer and Williams of Tift:
A Resolution proposing to the qualified voters of Tift County an amendment so as to provide that all of Tift County shall comprise one school district, etc., and for other purposes.
Referred to the Committee on Amendment to Constitution # 2.

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79

HR 19-87b. By Mr. Moate of Hancock:
A Resolution to compensate Miss Rose Thompson of White Plains for injuried she received in an accident with a State Highway truck, and for other purposes.
Referred to the Committee on Special Appropriation.

HR 20-87c. By Messrs. Mincy and Frier of Ware:
A Resolution authorizing the Librarian to furnish certain law books to the Clerk of Superior Court and Ordinary of Ware County, and for other purposes.
Referred to the Committee on Public Library.

HR 21-87d. By Messrs. Mincy and Frier of Ware:
A Resolution proposing to the qualified voters of Ware County an amendment so as to provide for exemption from City School and minimum water taxes the residences of all persons in the City of Waycross, Ware County, who have attained the age of sixty-five and who with their spouse have a combined total income of less than $2500.00 per annum, and for other purposes.
Referred to the Committee on Amendment to Constitution # 1.

HR 22-87e. By Messrs. Murr and Carter of Sumter:
A Resolution directing the Department of Public Safety to compensate for damages to B. D. Cravey, and for other purposes.
Referred to the Committee on Special Appropriation.

HR 23-87f. By Messrs. Murr and Carter of Sumter:
A Resolution to compensate Q. A. Beasley for injuries he sustained while in the performance of duties as a member of the Georgia State Patrol, and for other purposes.
Referred to the Committee on Special Appropriation.

HR 24-87g. By Messrs. Cornelius and Dunaway of Polk:
A Resolution authorizing the State Librarian to furnish to the Superior and City Courts of Polk County a complete set of volumes of the Georgia Reports and the Georgia Appeals Reports to be kept in the joint library of the Superior and City Courts of Polk County, and for other purposes.
Refered to the Committee on Public Library.

HR 25-87h. By Mr. Potts of Coweta: A Resolution authorizing the Librarian to furnish to the Ordinary of Coweta County certain law books, and for other purposes.
Referred to the Committee on P1,1blic Library.

HB 88. By Messrs. Britton and Whitener of Whitfield:

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A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Whitfield County; to create the office of Tax Commissioner of Whitfield County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 89. By Messrs. Britton and Whitener of Whitfield:
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 Whitfield; to provide for competitive bids for the purchase of materials and supplies by the Commissioner, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 90. By Messrs. Britton and Whitener of Whitfield:
A Bill to be entitled an Act to establish the City Court of Dalton, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 91. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Baldwin in the Counties of Banks and Habersham, and for other purposes.
Referred to the Committee on Muncipal Government.
Mr. Hoke Smith of Fulton 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 34. Do Pass, by substitute.

HB 30. Do Pass.

HB 43. Do Pass.

HB 41. Do Pass.

HB 36. Do Pass.

HB 35. Do Pass.

HB 32. Do Pass.

HB 31. Do Pass.

HB 29. Do Pass.

HB 28. Do Pass.

Respectfully submitted, Hoke Smith of Fulton,

Chairman.

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81

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 of the House and h,as instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 4. Do Pass. HB 6. Do Pass.
Respectfully submitted, Greer of Lanier, Chairman.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Legislative and Congressional Reapportionment, read the second time, and recommitteed:

HB 1.

By Mr. Callier of Talbot:
A Bill to be entitled an Act to amend an Act relating to apportionment of the House of Representatives among the several counties, and for other purposes.

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

HB 4.

By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act so as to provide for the destruction of useless public records which are at least four years old, and for other purposes.

HB 6.

By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act so as to provide for the destruction of certain records of the County Departments of Public Welfare which are at least five years old, and for other purposes.

HB 28. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to amend an Act so as to create a new charter for the City of Barnesville, and for other purposes.

HB 29. By Messrs. Gowen and Nightingale of Glynn:
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 Brunswick, and for other purposes.
HB 30. By Messrs. Hand and Twitty of Mitchell. A Bill to be entitled an Act to amend an Act so as to provide for the

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operation of a natural gas distribution system by the City of Camilla, and for other purposes.

HB 31. By Messrs. Hand and Twitty of Mitchell.
A Bill to be entitled an Act to amend an Act so as to provide for the operation of a natural gas distribution system by the City of Pelham, and for other purposes.

HB 32. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act so as to provide for the extension of sewers and garbage collection service for the City of Pelham, and for other purposes.
HB 34. By Messrs. M. Smith, H. Smith, and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act so as to authorize the Forsyth Corporation to construct a bridge and tunnel, and for other purposes.

HB 35. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act so as to provide for the appraisal of taxable property in the City of Wrens, and for other purposes.
HB 36. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act so as to provide for the appraisal of taxable property in the City of Louisville, and for other purposes.
HB 41. By Mr. Smiley of Liberty.
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 Hinesville, and for other purposes.

HB 43. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to amend an Act so as to provide that the City of Albany may make contributions to the pension fund in excess of the amount contributed by employees, and for other purposes.

The following communication from the Governor was received and read:

Honorable Fred Hand Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Fred:
I am transmitting herewith for the consideration of the General Assembly a communication I received from Mrs. Bessie Cannon Brandon, President of the Henry Grady Hotel Company, dated December 1, 1952, in which the Company

THURSDAY, JANUARY 15, 1953

83

submits a proposal to extend the present lease on the State Property designated by law as the "Governor's Mansion" property located on Peachtree, Hunter, and and Spring Streets. This property is commonly known as the Henry Grady Hotel Company property, but it embraces more that the hotel proper as will be noted by the attached documents.
The subject matter of this proposal addresses itself to the General Assembly.
The Attorney General points out that the original lease from the State was executed in 1921 pursuant to an Act creating a commission for this purpose (Ga. Laws 1921, page 194); that under the authority of this Act the commission was authorized to, and did, lease it for a period of fifty years, to wit until May 31, 1972. A copy of said lease is hereto attached and made a part hereof.
It is pointed out that in 1939 the General Assembly created a new commission for the purpose of leasing this property and granted it authority to extend the present lease twenty years from the date of its expiration. The commission was composed of Honorables Charles S. Reid of Atlanta( now deceased); Frank Foley of Columbus, Georgia; Ryburn Clay (now a resident of Florida); H. T. Mcintosh of Albany, Georgia (now deceased); David S. Atkinson of Savannah, Georgia; Price Gilbert of Atlanta, Georgia (now deceased).
The present proposal submitted by the Henry Grady Hotel Company requests an extension of fifty years beyond May 31, 1972- the expiration date of the present lease. Therefore, in order for you to give consideration to the proposal under the present law it would be necessary that you fill the vacancies now existing on the commission and extend their authority to lease the property so as to cover the proposed fifty year period beyond May 31, 1972. Of course, you may should you desire, repeal the Act creating the 1939 commission, create a new! one and specify such terms and conditions as you think would be in the interes~ of the public as a guide for such newly created commission.
It is further pointed out that under the present Act whatever contract, if any, is negotiated by the commission must be confirmed by the General Assembly.
In addition to a copy of the original lease executed in 1921, you will find attached hereto copy of the Acts of 1921 and 1939, a copy of the lease filling the vacancy on the commission in 1939, and a report of a special committee of the General Assembly dealing with the question of extending the lease in 1945.
Respectfully yours,
Is/ HERMAN E. TALMADGE HERMAN E. TALMADGE GOVERNOR

The foregoing communication was referred to the Committee on Drainage by the Speaker.

The following Resolutions of the House were read and adopted:

HR 26. By Messrs. Bell, Graham, and Holley of Richmond:

A RESOLUTION
WHEREAS, the 1951-1952 Senate by Resolution set up a Committee composed of Senator Lancaster of the 28th District, Senator Mrs.

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JOURNAL OF THE HOUSE,

Charles A. Coffin of the 12th District, Senator Edgar Blalock of the 26th District, Senator Everett Millican of the 52nd District, and the Lieutenant Governor, Honorable Marvin Griffin, to study the problems and educational needs of mentally retarded and/or exceptional children and to report their findings to the Governor and General Assembly not later than January 25, 1953; and,
WHEREAS, this Committee has today forwarded their report to the Governor and to the Senate and House of Representatives;
WHEREAS, this report covers in detail recommendations in connection with Gracewood Institution, the State Board of Education, and the University System as it pertains to retarded and exceptional children; and,
WHEREAS, the Committee feels that the State Government and its several departments have a very definite obligation to see that everything possible be done for the care and education of these children in order that many of them can take their place in society in years to come; and,
WHEREAS, the Committee feels that the report submitted should be given as w~de circulation as possible among the members of the General Assembly and interested State Officials.
THEREFORE BE IT RESOLVED that a copy of this report be placed on the desk of each member of the General Assembly and that the Speaker of the House, Honorable Fred Hand, and Lieutenant Governor Marvin Griffin as Presiding Officer of the Senate, call attention to the members of each body of the report and urge the members to read same; and
BE IT FURTHER RESOLVED that a copy of the report be forwarded to the State Superintendent of Schools, to each member of the State Board of Education, to the Chancellor of the University System, the President of the University of Georgia, the Superintendent of the Department of Public Welfare, and to the Superintendent of Gracewood Institution, with the request that the recommendations as far as practical and possible be put into effect.

HR 27. By Mr. Gowen of Glynn:

A RESOLUTION
WHEREAS, Miss Ernestine Simpson, daughter of Honorable E. L. Simpson, Representative from Lee County from 1923-1925, did officially serve as page in this House during the 1923 Session under Honorable Cecil Neill, as Speaker, and
WHEREAS, by this service said Miss Ernestine Simpson with credit to herself (at the tender age of 10 years) and to this capacity in either House of the General Assembly of the State of Georgia;
THEREFORE, BE IT RESOLVED THAT this fact be recorded on the Journal of this House and a copy placed in the Department of Archives and History for record and that a copy of this Resolution be mailed to Mrs. Ernestine Simpson Holmes, Corner Washington and 4th Streets, Alexandria, Louisiana, and to Honorable E. L. Simpson, 1119 Newcastle Street, Brunswick, Georgia.

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85

HR 28. By Mr. Green of Rabun:

A RESOLUTION
WHEREAS, Bob Zeigler, born in the "year of the Big Shake", has for forty years faithfully and ably administered to the needs of the Members of the House of Representatives as a porter.
AND WHEREAS, Old Bob has worn out many a whisk broom while brushing off the haberdashery of said members;
AND WHEREAS, said Bob Zeigler is confined to bed in the Screven County Hospital and is unable to attend this Session.
THEREFORE BE IT RESOLVED THAT, the Members of the House of Representatives of the State of Georgia do hereby send to Bob Zeigler their well-wishes for a speedy recovery.

Leaves of absence were granted to Messrs. Brannen of Dooly for Thursday, January 15th and Walker of Rockdale for Monday, January 19th.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock A. M., Monday, January 19, 1953, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, A. M., Monday, January 19, 1953.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Monday, January 19, 1953.

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 Reverend John D. Maxwell, First Methodist Church, Madison, Georgia.

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

Mr. Garrard of Wilkes, 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.
Representative-elect Lewis of Greene came forward to the bar of the House and was administered the oath of office by Honorable Charles W. Worrill, Justice of the Georgia Court of Appeals.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 92. By Mr. Conger of Decatur:
A Bill to be entitled an Act to declare all combination, contracts or conspiracy in restraint of trade illegal; to declare restraints in violation of common law illegal; to provide for burden of proof, etc., and for other purposes.
Referred to the Committee on General Judiciary# 2.
HB 93. By Messrs. Connell and Register of Lowndes:
A Bill to be entitled an Act to expedite the Administration of Estates in this State, to provide for publication of notice for four consecutive weeks by the personal representative of an estate to the creditors thereof, and for other purposes.
Referred to the Committee on General Judiciary # 1.

MONDAY, JANUARY 19,1953

87

HB 94. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to provide for the registration of voters in counties containing a city having a population of more than 30,000, on the recommendation of the Grand Jury of such county, and for other purposes.
Referred to the Committee on State of Republic.

HB 95. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to amend an Act authorizing certain political sub-divisions of the State to provide and maintain recreation systems, and for other purposes.
Referred to the Committee on Municipal Government.

HB 96. By Messrs. Bodenhamer of Tift, Wardlow of Turner, Jones of Worth, Layton of Irwin and Williams of Tift:
A Bill to be entitled an Act to amend an Act to abolish the fee system now existing in the Superior Courts of the Tifton Judicial Circuit as applied to the office of Solicitor General, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 97. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and McCracken of Jefferson and Key of Jasper:
A Bill to be entitled an Act to amend an Act creating the Franklin D. Roosevelt Warm Springs Memorial Commission so as to increase the powers of said Commission, etc., and for other purposes.
Referred to the Committee on State of Republic.

HB 98. By Messrs. Bentley of Cobb, Musgrove of Clinch, Veal of Putnam, Deen of Bacon, Brantley of Upson and Register of Lowndes:
A Bill to be entitled an Act to amend an Act relating to ballots and elections, so as to allow the printing, having and possessing of sample ballots, if such ballots are so marked except in the polling places, etc., and for other purposes.
Referred to the Committee on State of Republic.

HB 99. By Messrs. Bell of Richmond and Ray of Warren:
A Bill to be entitled an Act to amend an act entitled "An Act to classify property for taxation; to levy taxes on certain classes of intangible property, so as to provide, beginning January 1, 1953, and annually thereafter, for the classification of all loans, advances, and credits secured by agricultural commodities including but not limited to, cotton, cottonseed', corn, oats, peanuts, etc., and for other purposes.
Referred to the Committeed on Ways and Means.

HB 100. By Messrs. Murphy of Haralson, Cornelius of Polk, Fowler of Douglas, White of Gwinnett, Dunaway of Polk, Smith of Cobb and Jordan of Gwinnett:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to amend an Act to provide for the creation of the office of Solicitor-General Emeritus, etc., and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 101. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to regulate the making and filing of all plats and maps in each county, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 102. By Messrs. Matheson of Hart and Wiggins of Stephens:
A Bill to be entitled an Act to amend an Act to establish a program of assistance to the totally and permanently disabled and to define the eligibility requirements and other terms and to provide for the administration of said program by the State and County Departments of Public Welfare, and for other purposes.
Referred to the Committee on Public Welfare.

HB 103. By Messrs. Matheson of Hart, Freeman of Monroe, Bentley of Cobb, Hicks of Floyd, Wardlow of Turner, Phillips of Walton and others:
A Bill to be entitled an Act to provide that any agency of the State or any county official shall furnish veterans, or dependents of deceased veterans, copies or evidence of marital, birth, divorce or death status without cost, if said copies or other evidence is to be used in Veterans Administration Disability or death claims, and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 104. By Messrs. Hand and Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act relating to condition of contractor's bonds, and County's liability for injuries caused by defective bridges, etc., and for other purposes.
Referred to the Committee on State of Republic.

HB 105. By Messrs. Connell of Lowndes, Greer of Lanier, Smith of Emanuel, Register of Lowndes, Henderson of Atkinson, and many others:
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 of Georgia, and for other purposes.
Referred to the Committee on Pensions.

HB 106. By Messrs. Hoke Smith of Fulton and Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "An Act to Provide for the Giving of Security by Owners and Operators of Motor Vehicles, etc., and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 107. B.v Messrs. Hicks of Floyd and Bentley of Cobb:

MONDAY, JANUARY 19, 1953

89

A Bill to be entitled an Act to amend an Act relating to husband and wife as witnesses against each other in criminal proceedings, etc., and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 108 By Messrs. Hicks of Floyd, Bentley of Cobb and Matheson of Hart:
A Bill to be entitled an Act to provide for a motion for the return of property illegally obtained by an unlawful search and seizure, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 109. By Messrs. Pickard of Muscogee, Hale of Dade, Weems of Chattooga, Drinkard of Lincoln, Stevens of Marion, Bell of Richmond and TwittY' of Mitchell:
A Bill to be entitled an Act to repeal an Act providing for the securing of a license from county authorities to sell fireworks, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 110. By Messrs. H. Smith of Fulton, Hollis of Muscogee, and Duncan of Carroll:
A Bill to be entitled an Act to require all new applicants for motor vehicle operators' and chauffeurs' drivers licenses to complete successfully a high school driver training course or its equivalent, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 111. By Messrs. Deen of Bacon, Smith of Cobb, Hicks of Floyd, Mrs. Stocks of Lee, Henderson of Atkinson, Mincey of Ware and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act to entitled all citizens who are otherwise qualified to serve as jurors, etc., and for other purposes.
Referred to the Committee on Special Judiciary.

HB 112. By Mr. Jordan of Gwinnett:
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 the exemption of all medicines sold upon prescriptions of licensed physicians, and for other purposes.
Referred to the Committee on Ways and Means.

HB 113. By Messrs. Connell and Register of Lowndes:
A Bill to be entitled an Act to amend an Act authorizing the chartering and empowering of corporations, and amending revising and perfecting the present corporation laws of the State, and for other purposes.
Referred to the Committee on General Judiciary # 1.

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JOURNAL OF THE HOUSE,

HB 114. By Messrs. Connell and Register of Lowndes:
A Bill to be entitled an Act requiring witnesses in civil cases pending in courts of the State of Georgia to appear in person to testify therein when they reside beyond the limits of the County in which the case is pending, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 115. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to repeal an Act providing for the condemnation of rights of way by permitting condemnation of property for public roads and by permitting condemnation for borrow pits, and for other purposes.
Referred to the Committee on Public Highways # 1.

HB 116. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to provide that the Tax Receiver in all counties having a population not less than 20,960 and not more than 20,065, shall be paid from ad valorem school tax collected for the County Board of Education a commission of one percent of the net amount collected by the County Tax Collector, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 117. By Mr. Murphy of Crawford:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Crawford County; to provide for the salary of a Clerk to the Board of Commissioners, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 118. By Mr. Jackson of Jones:
A Bill to be entitled an Act to provide for the disposition of fines involved in traffic cases in the Court of Ordinary in counties having a population of not less than 7500 and not more than 7000, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 119. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to amend an Act entitled "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 120. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to amend an Act establishing the City Court of Albany, and for other purposes.
Referred to the Committee on Municipal Government.

MONDAY, JANUARY 19,1953

91

HB 121. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Wrightsville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 122. By Mr. Hodges of Butts:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Butts County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 123. By Messrs. Jordan and White of Gwinnett:
A Bill to be entitled an Act to amend an Act entitled "An Act to create A new judicial circuit; to provide a judge and solicitor general for said circuit; to amend an Act to abolish the fee system now existing in the Superior Courts of the Western Judicial Circuits, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 124. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act incorporating the City of Lakeland; so as to provide for certain procedure relating to the registration of voters, and for other purposes.
Referred to the Committee on Municipal Government.

HR 29-124a. By Messrs. Blackburn of Habersham and Wiggins of Stephens:
A Resolution to compensate Mr. Samuel Glen Densmore for damages to his automobile when hit by a vehicle owned by the State Game and Fish Department, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 30-124b. By Mr. Hicks of Floyd:
A Resolution to provide compensation for James W. Gurley for injuries received while serving as a prisoner in Walker County convict camp, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 31-124c. By Mr. Green of Rabun:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Rabun County certain law books, and for other purposes.
Referred to the Committee on Public Library.

HB 125. By Messrs. Campbell of Oconee and Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating the marketing of eggs, and for other purposes.
Referred to the Committee on General Agriculture # 1.

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JOURNAL OF THE HOUSE,

HB 126. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to ballots and elections, so as to allow the printing, having and possessing of sample ballots, if such ballots are so marked, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 127. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act authorizing the establishment of a merit system of personnel administration including the State Department of Labor, Public Welfare and Health, and for other purposes.
Referred to the Committee on General Judiciary # 2.
HR 32-127a. By Mr. Willingham of Cobb:
A Resolution proposing to the qualified voters of Georgia an amendment relating to jurisdiction of the Justices of the Peace, and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.
HB 128. By Messrs. H. Smith of Fulton, Hollis of Muscogee:
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 in any way dealing with the subject of traffic on the streets and highways, etc., and for other purposes.
Referred to the Committee on Motor Vehicles.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Pension, read the second time, and recommitted:
HB 71. By Messrs. Ray of Warren, Greer of Lanier, and others: A Bill to be entitled an Act to create the positions of Associate Public Service Commissioners, and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on State of Republic, read the second ~ime, and recommitted:
HB 72. By Messrs. McCracken of Jefferson, Matthews of Clarke, and others:
A Bill to be entitled an Act to authorize the members of the Public Service Commission of the State of Georgia to receive a contingent expense allowance, and for other purposes.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 28. By Mr. Lifsey of Lamar: A Bill to be entitled an Act to amend an Act so as to provide for the

MONDAY, JANUARY 19, 1953

93

creation of a new charter for the City of Barnesville, and for- other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 29. By Messrs. Gowen and Nightingale of Glynn: 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 Burnswick, and for other purposes.
The report 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 30. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Camilla 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 31. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Pelham 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 32. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act so as to provide for the extension of sewers and garbage collection service by 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 107, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 34. By Messrs. M. Smith, H. Smith, and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act so as to permit the erection of an overhead passageway across certain streets in the City of Atlanta, and for other purposes

The following Committee Substitute to HB 34 was read:

A BILL
To be entitled an Act to amend an Act entitled an Act to establish a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby enacted by authority of the same that an Act entitled an Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, be and the same is hereby further amended by adding thereto the following sub-sections:

SECTION 1.
The governing authorities of said City are authorized to grant to Forsyth Corporation the right to bridge over and tunnel under Fairlie Street, N. W. between Luckie Street, N. W. and Williams Street, N. W. upon such terms and conditions as they may determine, so long as the structure shall not interfere with requirements for public purposes or public utility purposes
SECTION 2.
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 hereto attached 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 compiled with for the enactment of this law.
SECTION 3.
All laws and parts of laws in conflict herewith are hereby repealed. The Committee Substitute to HB 34 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 35. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Wrens to conduct an appraisal of taxable property, and for other purposes.

MONDAY, JANUARY 19, 1953

95

The report 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 36. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Louisville to conduct an appraisal of 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 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 41. By Mr. Smiley of Liberty:
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 Hinesville, and for other purposes.

The report 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 43. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to amend an Act so as to provide that the City of Albany may make contributions to the pension fund in excess of the amount contributed by employees, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read and adopted:

HR 33. By Mr. Twitty of Mitchell:
A RESOLUTION
BE IT RESOLVED that the House of Representatives recess at 10:45 A. M. on the 20th day of January, 1953 for the purpose of its members having a caucus to elect a member of the State Highway Board of Georgia to succeed the Honorable Dixon Oxford.
The hour of 11:00 o'clock, A. M., having arrived, the Senate appeared upon

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JOURNAL OF THE HOUSE,

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 and delivered the following address:
LT. GOVERNOR GRIFFIN, SPEAKER HAND, MEMBERS OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES:
Our State Constitution requires me, as Governor, to submit to you within fifteen days after you organize, a budget message together with a draft of a General Appropriations Bill. This Bill must provide for the appropriation of funds necessary to operate all the various departments and agencies of the State government and to meet our current expenses for the fiscal year beginning July 1, 1953. It is for this purpose that I come before you today.
Not only will I discuss with you the future appropriation of funds to meet the operating costs of the various agencies of the State, but it will also be my purpose to give you a brief resume of prior and present fiscal operations, as well as how the increases annual income from the Tax Revision Program and the enactment of the general sales tax are being utilized.
Prior to the Tax Revision Program, the annual income of the State government was 127 million dollars in round figures. Since the enactment of that program, your State now has a tax structure which is producing annually approximately 220 million dollars.
The present yearly budget on which your State is operating for the fiscal year ending June 30, 1953, amounts to 230~ million dollars.
This is an increase of 103% million dollars in the appropriations for the various State services being financed by the additional income.
It is readily apparent that the present annual budget of the State has completely absorbed the increased annual revenue realized under the Tax Revision Program.
I fully realize that the increase in the present appropriations of 103% million dollars over those of June 30, 1950 is tremendous.
It is hard to visualize, particularly, because the present annual budget has now completely absorbed this vast gain in revenue that the State is now receiving.
Virtually all of the additional income accruing to the State under the Tax Revision Program is going to finance five main functions of the government. A total of 91 per cent, or 94% million dollars, of the 103.1 million dollars increase in the State budget over 1950, has been set aside for additional annual support of these five main functions, as follows:

MONDAY, JANUARY 19, 1953
Education Highways Health Services Public Assistance State Institutions under Welfare Department
TOTAL

97
$50,885,831.58 26,580,332.59 4,300,000.00 8,140,702.50
4,542,554.33
$94,449,421.00

Now, let us review for a moment how this money is being spent. We have taken 32%. million dollars of the increase for common school education. This has gone for the maintenance and operations of the county and independent school systems, cost of operations carried on by the State Board of Education and the State Department of Education under the provisions of the Minimum Foundation Program.
The total current annual appropriation for this purpose is now 82%. million dollars as compared to 50 million dollars in 1950.
A new item in the present budget, that was not included in the 1950 budget, is 10% million dollars for carrying out that part of the Minimum Foundation Program providing assistance to local school units for capital outlay building purposes.
Another 6 million dollars increase for education was for maintenance, operation and capital outlay needs of the various units of the University System of Georgia under the direction of the State Board of Regents.
This appropriation currently totals 12 14 million dollars as compared with 6% million dollars in 1950.
The final item in the expanded support of education in Georgia is the automatic increase in the budget of 1%. million dollars as the State's part in matching ~unds for the Teachers' Retirement System. The current appropriation for this purpose is 4%. million dollars as compared to 3 million dollars in 1950.

Next, we come to highways and consideration of what benefits this phase of activity has gained.
Since the end of the fiscal year June 30, 1950, the appropriation to the Highway Department for maintenance and construction of public roads and bridges has been increased from 26 million dollars to a current figure of 48 million dollars, a jump of 22 million dollars.
Also, the General Assembly has provided extra funds for highways purposes of 4.! million dollars which is being paid directly to the counties for maintenance of secondary roads.
The total now going to our counties for highway purposes is 9% million dollars as compared to 4%. million dollars.
Incidentally, this action on the part of the General Assembly has done much to strengthen our important county governments throughout the State.

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.JOURNAL OF THE HOUSE,

Public Health activities have received a 4% million dollar share of the new funds. These were allotted, as follows: 2 million dollars to finance general health operations, % million dollar increase for Battey Hospital and local T. B. treatment centers, % million dollars for the crippled children's program transferred from the Public Welfare Department, and 1% million to apply on the cost of acquiring the badlyneeded new general hospital to be let to contract soon at the Medical School in Augusta.
-------------0'-------------
We have increased the funds of our Welfare Pension programs by 8 million dollars. This new money raises the present annual appropriation from 9% million dollars in 1950 to 17% million dollars at the present. Included in this figure is the cost of the program for aid to totally and permanently disabled, which you authorized at the last session of the General Assembly.
The services and facilities of the State Institutions, under the management of the Public Welfare Department, have received additional support to the extent of 4% million dollars a year.
Appropriations for State institutions are currently 1114 million dollars as compared to 6%. million dollars before the expansion of State services.
------------101------------
With the five most important functions of our State governmentEducation, Highways, Health, Public Welfare and State Institutionsreceiving increases of 94% million dollars, the total current revenue of these five agencies is now 209 million dollars, as compared to only 114 million dollars prior to the revision program.
This 209 million dollar current appropriation to these agencies account for 90 per cent of the total budget.
Likewise, these departments have absorbed 91 per cent of the increased funds.
You will be interested to note that only 10 per cent, or 22 million dollars of the total current 230 million dollar budget of the State, is appropriated for the maintenance and support of the legislative and judicial branches, and all of the units of the executive branch of the government, excluding the five large agencies. Included in the smaller agencies are agriculture, forestry, game and fish, revenue, veterans service, public safety and various others with which you are familiar. It is clearly evident that even if we abolished the legislature courts, executive department and all of the State's smaller agencies which I have cited, the money realized would only be a drop in the bucket as compared to that now being expanded for education, highways, welfare, institutions and public health.
-------------01-------------
In spite of the fact that the present budget is consuming all of the income of the State, various agencies are clamoring for more money. They want 27%. million dollars for fiscal year 1953 and 37 million dollars for fiscal year 1954.
Now, listen to this, my friends, this figure does not include another

MONDAY, JANUARY 19,1953

99

8 million dollars for a proposed 10 per cent increase in teachers' salaries now being discussed.

* If these budget requests were enacted into law, the appropriations
for the next two years would be 80 million dollars in excess of the income that we can reasonably expect to receive under the present tax structure during the next two-year period.
With the levy of the general sales tax and with increased federal income taxes, I believe our people are being taxed all they can pay at the present time. I am opposed to any additional tax burden on the people of Georgia.
I will not be a party to any proposal that holds out false hopes for additional money.
Nor will I be a party to setting up appropriations, which, if paid, would mean more taxes.
I am depending on you members of the General Assembly to help me hold this line.
When those clamoring for these increased appropriations are asked where the money is coming from they say that's something for you legislators and the Governor to worry about.
Personally, I am not going to ~rry about new taxes because I am not going to recommend any appropriation in excess of present revenue.
I feel sure that you members of the Legislature share this view, and that you will resist all efforts to increase taxes at this time.
I know that you will stand four-square to protect the citizens of this State by seeing to it that Georgia continues to live within her income.
A great majority of our people endorsed the Tax Revision Program as a means of providing funds for needed expanded services. This, we have done to the best advantage of all our departments.
We owe a responsibility to our people to see that they are not again called on for still more money at such an early date to finance programs which are admittedly projected far beyond the present ability of the State to finance.
------------0'------------
In keeping with the mandate placed on me by law, I have this day filed with the distinguished Speaker of the House of Representatives, a draft of a General Appropriations Bill to become effective with the fiscal year beginning July 1, 1953.
This Bill has been drawn by me, working in close cooperation with the State Auditor, the State Revenue Commissioner, and other officials of your State government. It represents a sound approach to our fiscal problems of the next two years.
Before any changes are made in this Bill, I urgently request you gentlemen to give careful study and consideration to the passage of the Appropriations Bill as it is submitted.

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JOURNAL OF THE HOUSE,

I have worked hard on this measure and have given serious study to it, especially in view of conditions which we all know may arise over which we have not the slightest degree of control.
If this Bill is enacted into law, I will assume full responsibility for the successful financial operation of the State within the scope of the measure, in the absence of some unforeseen emergency.

Let me analyze for you the recommendations as submitted, and give you pertinent information necessary to aid you in giving due consideration to the prompt passage of the bill.

I want to emphasize that the 230 million dollars annual income anticipated is the highest possible estimate which can be arrived at.

This is especially true in view of the fact that the revenue of 228 million dollars during the last fiscal year will be reduced this year by 7.a million dollars because of the virtual abolition of State ad valorem tax.
Also, I would like to point out to you that the anticipated revenue is based on present-day conditions, which are subject to drastic change without warning. I am of the firm belief that it behooves all of us to use every means possible to control expenditures to such an extent that the State can live within its income as it is received.
The Appropriations Bill that is being submitted to you is divided into two parts. The first section, which has priority on payment, is based on anticipated revenue and the present surplus. The second, or the contingent section, will be payable from such other surplus funds as are available. First priority in these funds will be for educational purposes.
It is well to remember that this Appropriations Bill is the one under which your State will operate for the next two years. Great care should be used to see that the State is financed smoothly during this period.

Detailed information on the items contained in the proposed General Appropriations Bill is included in the printed copy of this budget message which will be distributed to you later today. However, I would like to summarize for you at this time, the amount of appropriations proposed in the fixed section of the bill, the total of which must be maintained out of anticipated income.

These items are as follows:

Common School Education

$95,300,000.00

(An increase of $1,598,033.00 annually over last year)

University System

$12,233,000.00

(Decrease of $139,805.18 in Special Appropriations from last

year)

Teachers' Retirement

$5,300,000.00

(An increase of $440,000.00 annually over last year)

Highway Department

$47,271,529.94

(Decrease of $848,950.04 annually from last year, however,

the amount set out as appropriation for highways includ-

MONDAY, JANUARY 19, 1953

10;1

ing funds for counties is the amount required under Con-
stitutional Amendment # 2, ratified in the last General
Election)

Highway!' - Counties (Same as last year)

$9,317,013.03

Public Health Department

$11,850,000.00

(Decrease of $180,000.00 annually from last year)

Public Welfare - Assistance

$17,530,000.00

(Decrease of $20,000.00 annually from last year)

Public Welfare- Institutions

$10,500,000.00

(Decrease of $730,000.00 annually from last year)

All other agencies of the State (Decrease of $1,009,809.29 from last year)

TOTAL APPROPRIATIONS

$229,932,292.97

Now, I want to give you a word of caution.
In setting up these appropriations, we have used the absolute maximum in anticipated income for the fiscal year with no provision whatsoever for a margin of safety.
As you know, our State revenue structure is one that is very responsive to economic change, in fact, so responsive that a change could be reflected within 30 days time.
Should we have a sudden change for the worse in economic conditions within the next two years, we will have no choice other than to apply a percentage reduction to all appropriations so as to bring the operating cost of the State to an amount that will be within the annual income.
I urge you to resist all efforts on the part of all groups to raise the total of the appropriations as proposed in the first section of the bill I am submitting to you.
With 90 per cent of the State budget set aside for five major departments, any material increase in the appropriation for any of these will force a greater percentage reduction on the four remaining departments which would lead to serious consequences.
The amount of appropriations recommended to you barely covers the cost of a continuation of services now being provided.
In studying the budget requests, we have found several which would be highly desirable, and I would certainly recommend them if they could be financed within our presently anticipated income.
To meet any possible change in the national economic situation, we recommend to you the adoption of a second, or contingent section, of the Appropriations Bill. It provides for additional outlays to be made available in the event that the income of the State is sufficient to pay them.
The items which have been included in this list are as follows:

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JOURNAL OF THE HOUSE,

Common School Education University System Teachers' Retirement Public Health-Activities - General State Hospital Public Welfare- Assistance Public Welfare Institutions All Other Agencies
TOTAL

$12,800,000.00 3,000,000.00 500,000.00 1,450,000.00 2,460,000.00 1,200,000.00 3,000,000.00 3,315,000.00
$27,725,000.00

If these contingent appropriations were made effective on a permanent basis, even though they were financed from surplus funds at the beginning, they would establish a State budget which will recur in each of the following fiscal years of $257,657,292.97, an impossible situation in face of the _present annual income of the State.
I urge that you do not allow any of these contingent appropriations to be shifted to the -fixed appropriation section of the Appropriation Act, thereby making them permanent and recurring items.
In closing, I sincerely urge that you give serious consideration to the passage of the General Appropriations Act substantially as it has been recommended.
I know that it is your desire that the State continue .the sound fiscal policies that have been followed in the past several years- policies that have put Georgia in the fore front among other Southern: States in her governmental operations.
------------0'------------
Again, let me say to you, that your State government is following a carefully evolved and well-planned chart for constructive and progressive growth.
Our whole effort is predicated on thinking things through and a constant adherence to responsible fiscal policy.
The main task now before us is to keep our Ship of State on an even keel and a direct couse.
Forging ahead, we can maintain a solent fiscal position and at the same time provide a well-rounded program of services for the continued improvement of our beloved State and for the benefit of all the people.
Let us now proceed with our work confident in the knowledge that by so doing we will earn for ourselves the lasting gratitude of the finest people on this earth.

Senator Edenfield of the 4th moved that the Joint Session be now dissolved and the motion prevailed.

The Speaker called the House to order.

Mr. Moate of Hancock County, Chairman of the Committee on Legislative and Congressional Re-approtionment, submitted the following report:

Mr. Speake~::

MONDAY, JANUARY 19; 1!H)3:

103

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 1. Do not Pass.
Resp~ctfully submitted,
Moate of Hancock,
Chairman.

Mr. Swindle of Berrien requested that HB 1 be placed on the Calendar for the purpose of considering the unfavorable report of the Committee.
On the question of agreeing to the unfavorable report of the Committee, the ayes were 25, nays 112.

The unfavorable report of the Committee was disagreed to, and the bill was placed on the General Calendar.

Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 1.

By Mr. Callier of Talbot:
A Bill to be entitled an Act to amend Section 47-101 of the Code of Georgia of 1933 so as to reapportion the members of the House of Representatives among the various counties according to the last Federal Census, and for other purposes.

The following amendment to :f!B1 was read:
Messrs. Gowen of Glynn, Freeman of Monroe, and Lavender of Elbert move to amend HB 1 by adding a new section to read as follows:
"Section 1-A. This Act shall not be effective until the general election to be held in 1954 and the membership of the House of Representatives shall be elected therein in accordance with this Act."
On the adoption of the amendment, the ayes were 67, nays 66.
The amendment was adopted.

Mr. Swindle of Berrien moved that the House reconsider its action in adopting the amendment offered by Mr. Gowen of Glynn.
On the motion to reconsider, Mr. Harrison of Jenkins moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were Messrs:

Abney of Catoosa Adams of Upson Baughman Bentley

Birdsong
Blackburn Bloodworth Bodenhamer

Boggus
Bolton Brannen Brantley

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JOURNAL OF THE HOUSE,

Britton Brown Buie Callier Campbell of Oconee
Chastain Clark Cloud Conger Connell Cummings Dean of Towns
Denton Dews Drinkard Dunaway Durham Floyd Flynt
Foster Fowler

Goodson Greer Grimsley
Groover of Bibb Groover of Troup Hale Harper Harrison of Jenkins Hodges Holloway Hughes Hurst Ingle
Jessup Johnson Jordan of Gwinnett Kemp King Layton
Lewis McGarity

Those voting in the negative were Messrs:

Adams of Evans

Alexander

Barber of Colquitt

Barber of Jackson

Bell



Best Black Byrd Campbell of Walker

Carswell

Carter Clary

Coffin Coker Cowart

Deal Deen of Bacon

Duncan Edenfield

Freeman

Frier Garrard Gilder

Gillis Gowen

Graham Green of Baldwin

Green of Rabun Greene of Crisp Gunter Haar Hall

Hamilton

Harris

Harrison of Wayne Hayes
Henderson Holley Hollis Holton Ivey Jackson Jones of }4umpkin Jones of Worth Jordan of Wheeler Land Lanier Lavender Lifsey
Little Lokey McCracken McGee McWhorter Matthews Mauldin Mincey Moate Mobley
Moses Mull
Murr Nelson Nightingale Peacock Perkins Phillips of Columbia
Phillips of Walton

McKenna Martin Matheson Moore of Pickens Moore of White Murphey of Crawford Murphy of Haralson Musgrove Otwell Register Sivell of Harris Smith of Cobb Stocks Strickland Swindle Tarpley Wardlow Weems White Willingham
Potts Raulerson Ray Rowland Russell Scoggin Smiley Smith .of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Stewart Tallant Tamplin Terrell Todd Trapnell Tumlin Turk Turner Twitty Upshaw Veal Watson Whitener Wiggins Williams of Bulloch Williams of Tift Willis Wooten Young

MONDAY, JANUARY 19,1953

105

The roll call was verified. On the motion to reconsider, the ayes were 74, nays 100. The motion to reconsider was lost.

The report of the Committee, which was unfavorable to the passage of the bill, had previously been disagreed to.
On the passage of the bill, as amended, the ayes were 120, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 4.

By Mr. Greer of Lanier.
A Bill to be entitled an Act to amend an Act so as to authorize the destruction of certain useless records which are at least four years old, and for other purposes.

The report 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.

HB 6.

By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act so as to authorize the destruction of certain records of the County Departments 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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following resolution was read:

HR 36. By Messrs. Hand and Twitty of Mitchell:
A RESOLUTION
Relating to the seating of a member of the House from Meriwether County; and for other purposes.
WHEREAS, the House of Representatives has passed an Act relating to the apportionment of the House of Representatives among the several counties, and said Act establishes that Meriweth~r County is only entitled to one Representative, and
WHEREAS, two persons from Meriwether County have been elected to serve as Representatives from said County, and
WHEREAS, It is necessary that the House of Representatives determine which one of said persons shall be seated as a member of

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JOURNAL OF THE HOUSE,

said House from Meriwether County, and
WHEREAS, said matter should be given careful consideration,
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that the question as to which one of the two persons who have been elected to serve as members of the House of Representatives from Meriwether County should be seated be referred to a committee for study and consideration, and that said committee shall submit a report to the House of Representatives on said matter and said report shall contain the recommendations of the committee as to which one of said persons shall be seated.
The Speaker referred the resolution to the Committee on Legislative and Congressional Re-apportionment.
The Speaker requested Representatives-elect Moye and Tarbutton of Washington to come forward to the bar of the House and the oath of office was administered by Honorable Jule Felton, Justice of the Georgia Court of Appeals.

Mr. Harrison of Jenkins was granted a leave of absence for several days.

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.

TUESDAY, JANUARY 20; 1953

107

Respresentative Hall, Atlanta, Georgia. Tuesday, January 20, 1953.

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 Reverend John D. Maxwell, First Methodist Church, Madison, .Georgia.
By unanimous consent, t~e call of the roll was dispensed with.
Mr. Garrard of Wilkes, 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 Resoiutions. 2. First reading and reference of House Bills and Resolutions. 3. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 129. By Messrs. Deen of Bacon, Mincey and Frier of Ware: A Bill to be entitled an Act to amend an Act which provide for the punishment of persons putting out the eyes of another, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 130. By Messrs. Deen of Bacon, Mincey and Frier of Ware:
A Bill to be entitled an Act to provide how instruments, deeds, security deeds, mortgages, bills of sale, and retention of title contracts shall be cancelled, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 131. By Messrs. Deen of Bacon, Mincey and Frier of Ware: A Bill to be entitled an Act to amend an Act which defines the term

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JOURNAL OF THE HOUSE,

"employer" and "employee" for the purposes of Workmen's Compensation, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 132. By Messrs. Greer of Lanier, Perkins of Carroll, Blalock of Coweta, Musgrove of Clinch, Connell of Lowndes and Conger of Decatur and others:
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.
Referred to the Committee on General Judiciary # 1.

HB 133. By Mr. Dean of Towns:
A Bill to be entitled an Act to amend an Act relating to voting by absentee ballots, and for other purposes.
Referred to the Committee on State of Republic.
HB 134. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act providing for rural telephone cooperative corporations and providing for rural telephone service, etc., and for other purposes.
Referred to the Committee on Agriculture # 2.
HB 135. By Messrs. Murr of Sumter, Hand of Mitchell, Smith of Emanuel, Ray of Warren and Williams of Bulloch: A Bill to be entitled an Act to repeal an Act relating to Practical nurses; to provide for the licensing of practical nurses, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 136. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide for an examination for a drivers license every five years, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 137. By Messrs. Brantley and Adams of Upson, and Veal of Putman:
A Bill to be entitled an Act to make it unlawful to expend tax funds to publicize the officials and employees of any Department of State Government in dispensing and distributing bulletins, pamphlets, periodicals, publication, and other printed matter, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 138. By Mr. Freeman of Monroe:
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

TUESDAY, JANUARY 20, 1953

109

the exemption of all medicines sold upon prescriptions of licensed physicians, and for other purposes. Referred to the Committee on Ways and Means.
HB 139. 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 140. By Mr. Deen of Bacon:
A Bill to be entitled an Act to repeal an Act creating the terms of the Superior Court of Bacon County, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 141. By Mr. Ingle of Murray:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Chatsworth, and for other purposes.
Referred to the Committee on Municipal Government.
HB 34-141a. By Mr. Phillips of Columbia:
A Resolution authorizing the Director of the Department of State Parks to negotiate with the U. S. Army, Corps of Engineers for the licensing of property known as the "Kag Creek State Park Area" in Columbia County, and for other purposes.
Referred to the Committee on Public Property.

HR 35-141b. By Messrs. Campbell and Coker of Walker:
A Resolution authorizing the State Forestry Commission to pay to Clyde Frye the sum of $2,363.00 compensation for expenses incurred by him as a result of injuries to his minor child, and for other purposes.
Referred to the Committee on Special Appropriations.

HB 142. By Mr. Hand of Mitchell:
A Bill to be entitled an Act to make General Appropriations for the operation of the State Government for fiscal year beginning July 1, 1953, and for other purposes.
Referred to the Committee on Appropriations.

HB 143. By Mr. Ray of Warren:
A Bill to be entitled an Act to provide a term of two years for each member of council, also called commission, of the City of Warrenton, and for other purposes.
Referred to the Committee on Municipal Government.

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JOURNAL. OF THE ROUSE,

HB 144. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Warrenton in lieu of the Town of Warrenton, and for other purposes.
Referred to the Committee on Municipal Government.

HB 145. By Mr. Ray of Warren:
A Bill to be entitled an Act to authorize the City of Warrenton, acting by and through the Mayor and Clerk thereof, to pay a pension in the amount of $100.00 per month to any police officer who has served as a police officer in and for the City of Warrenton for as much as thirty years and is disabled, and for other purposes.
Referred to the Committee on Municipal Government.

HB 146. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act creating a Commissioner of Roads and Revenues of Warren County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 147. By Messrs. Watson and Gardner of Dougherty:
A Bill to be entitled an Act to prohibit solicitation of votes within a certain distance of polling places in Dougherty County, and for other purposes.
Referred to the Committee on State of Republic.

HB 148. By Messrs. Hicks, Hall and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act to create a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 149. By Messrs. Hicks, Hall and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act to fix the compensation of and for the members of the Board of Roads and Revenues of Floyd County, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 150. By Messrs. Bolton and Harper of Spalding and Murphey of Crawford:
A Bill to be entitled an Act to amend an Act providing for fees to be paid the Coroners of this State, so as to provide that the coroners shall receive a fee of $25.00 for summoning an inquest on a dead body and returning an inquisition, and for other purposes.
Referred to the Committee on General Judiciary # 2.

TUESDAY, JANUARY 20, 1953

111

HB 151. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to amend an Act which provides for the coroner summoning a jury and provides for payment to the jurors for their services, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 152. By MesSrs. Nightingale of Glynn and Lifsey of Lamar:
A Bill to be entitled an Act to amend an Act which has as its purpose providing for annual fees for motor vehicles, the time of payment of such fees and classification of tax for each class of vehicle, etc., and for other purposes.
Referred to the Committee on Ways and Means.

HB 153. By Messrs. Nightingale of Glynn and Lifsey of Lamar:
A Bill to be entitled an Act to amend an Act known as the Motor Fuel Tax Law, so as to provide that all municipalities and other political subdivisions of this State shall be exempt from the payment of taxes . imposed therein when the fuel and/or kerosene is used in vehicles owned by such municipalities, etc., and for other purposes.
Referred to the Committee on Ways and Means.

HB 154. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to create a lien in favor of every individual partnership, firm, association, corporation, institution, hospital authority or other public corporation maintaining and operating 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 155. By Messrs. Lokey and H. Smith of Fulton, Haar and McGee of Chatham, Matthews of Clarke and Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act so as to exempt from the rule against perpetuities pension, profit-sharing, stock bonus, death benefit and disability benefit trusts created by an employer for the benefit of his employees or their beneficiaries, and to remit accumulation of trust income from the same, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 156. By Messrs. Tarpley of Union and Dean of Towns:
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.
Referred to the Committee on General Judiciary # 2.

HB 157. By Messrs. Campbell of Oconee, Stephens of Clarke and Tamplin of Morgan:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act permitting persons of sound mind to designate a guardian in the event of insanity of such persons; and for other purposes.
Referred to the Committee on. General Judiciary # 2.

HB 158. By Mr. Cowart of Stewart:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Richland, and for other purposes.
Referred to the Committee on Municipal Government.

HB 159. By Mr. Cowart of Stewart:
A Bill to be entitled an Act to provide the Sheriff of Stewart County with a supplemental salary, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 160. By Messrs. Stephens and Matthews of Clarke; Ray of Warren, Twitty of Mitchell, Freeman of Monroe, Campbell of Oconee and others:
A Bill to be entitled an Act to amend an Act relating to a pension for widows of Conferderate soldiers, and for other purposes.
Referred to the Committee on Pensions.

HB 161. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act entitled "An Act providing for the formation of cooperative non-profit membership corporations to be known as Electric Membership Corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance and facilities, electrical and plumbling equipment and services to its members, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 162. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to authorize executors, administrators, guardian and trustees to apply to the superior court for an order authorizing the execution of a lease of real property that may or will continue beyond the termination of the administration of the estate held by such executor, administrator, guardian or trustee or beyond the termination of the trust, etc., and for other purposes.
Referred to the Committee on State of Republic.

HB 163. By Messrs. Birdsong and Groover of Troup:
A Bill to be entitled an Act to increase the fees of coroners, and jurors summoned by the coroner, for services in connection with the holding of inquests in counties having a population of not less than 49,000 nor more than 60,000, and for other purposes.
Referred to the Committee on Counties and County Matters.

TUESDAY, JANUARY 20, 1953

113

HB 164. By Messrs. Birdsong and Groover of Troup:
A Bill to be entitled an Act to amend an Act providing for the abolishment of the fee system and for the salaries of officials in counties having a population of not less than 40,000 nor more than 50,000, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 165. By Mr. Turk of Wilcox County: A Bill to be entitled an Act to incorporate the City of Abbeville, and for other purposes.
Referred to the Committee <On Municipal Government.
Mr. Jackson of Jones County, Chairman of the Committee on Academy For Blind, submitted the following report:

Mr. Speaker:
Your Committee on Academy For Blind 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 2. Do Pass.
Respectfully submitted,
Jackson of Jones,
Chairman.

Mr. Willingham of Cobb 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 14. Do Pass.

HB 20. Do Pass.

HB 92. Do Pass.

HB 127. Do Pass.

HB 114. Do Pass.

Respectfully submitted,

Willingham of Cobb,

Chairman.

Mr. Moate of Hancock County, Chairman of the Committee on Legislation and Congressional Reapportionment, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Legislation and Congressional Reapportionment 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 36. Do pass and that Mr. Bray of Meriwether be seated.
Respectfully submitted,
Moate of Hancock,
Chairman.

Mr. Adams of Evans 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 House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 71. Do Pass.
Respectfully submitted,
Adams of Evans,
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 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 12. Do Pass. HB 22. Do Pass. HB 23. Do Pass. HB 61. Do Pass, as amended. HB 62. Do Pass, as amended. HB 63. Do Pass, as amended. HB 72. Do Pass, as amended. HB 97. Do Pass, as amended. HR 14-60a. Do Pass, as amended.
Respectfully submitted, McCracken of Jefferson, Chairman.

TUESDAY, JANUARY 20, 1953

115

Under the provisions of HR 33, the Speaker announced the House recessed for the purpose of having a caucus to elect a member of the State Highway Board of Georgia to succeed the Honorable Dixon Oxford.

The Senate appeared on the floor of the House and the caucus of the House and Senate was called to order by the President of the Senate for the purpose aforementioned.

Mr. Twitty of Mitchell placed in nomination the name of Honorable Dixon Oxford to succeed himself as a member of the State Highway Board from the Central Highway District for a term of six years. The nomination was seconded by Senators Callaway of the 35th, Adams of the 12th, and Mr. Wooten of Randolph.

Mr. Ray of Warren moved that the nominations be closed, and the motion prevailed.

The roll was called and the following members voted for Mr. Oxford:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Adams of Evans Adams of Upson Alexander Ayers Barber of Colquitt Barber of Jackson Barrett Baughman Bell Bentley Best Birdsong Black Blackburn Blalock
Bloodworth Bodenhamer Boggus
Bolton Brannen Brantley Bray Britton Brooks Brown Buie Byrd Callier Campbell of Oconee Campbell of Walker Carswell
Carter Chastain Clark Clary Cloud

Coffin Coker Conger Connell Coogle Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Dews Drinkard Duncan Durham Edenfield Edwards Floyd Flynt
Foster Fowler Freeman Frier Gardner Garrard Geer Gilder Gillis Goodson Gowen Graham
Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley

Groover of Bibb Groover of Troup Gunter Haar Hale Hall Hamilton Harper Harrell Harris Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holton Hopkins Huddleston Hughes Hurst Ingle lvey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender

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JOURNAL OF THE HOUSE,

Layton Lewis Lifsey Little Lokey Lovett McCracken McGarity McGee McKenna WcWhorter Martin Matheson Matthews Mauldin Mincey Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale

Otwell Parker Peacock Perkins Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Register Rowland Russell Rutland Scoggin Sheffield Short Sipple of Chatham Sivell of Harris Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton Stephens of Clarke Stevens of Marion Stewart Stocks Strickland Swindle Tallant

Tamplin Tarbutton Tarpley Terrell Todd Trapnell Tumlin Turk Turner Twitty Upshaw Ursrey Veal Walker Wardlow Watson Weems White Whitener Wiggins Wilkinson Williams of Bulloch Williams of Franklin Williams of Tift Willingham Willis Wooten Young Mr. Speaker

ROLL CALL OF SENATE Regular Session of 1953

Senators: Adams, 12th Adams, 22nd Mrs. Blitch Breedlove Brown Browning Callaway Campbell Carlisle Cates Cheek
Chism Clemmons Coker Crummey Dean Dozier DuPree

Edenfield, 4th Edenfield, 16th Griffith Hall, 9th Hall, 15th Hawes Hendrix Holt Hood Jordan Kelley Kennedy Kiker Killingsworth Lord Millican Moon Moorman Park

Parker, 36th Parker, 38th Pettey Ramsey Redwine Risner Rogers Rollins Roper Scoggins Shepherd Sims Singleton Stoddard Stripling Walker Wilkes

On the election of a member of the State Highway Board from the Central Highway District, Honorable Dixon Oxford received 256 votes, being the entire number of votes cast.

TUESDAY, JANUARY 20, 1953

117

Honorable Dixon Oxford having received the unanimous vote of the membership of the House and Senate, the President of the Senate declared him elected to succeed himself as a member of the Statae Highway Board of Georgia from the Central Highway District for a term of six years.
Senator Carlisle of the 51st moved that the caucus be now dissolved, and the motion prevailed.

The President of the Senate announced the caucus now dissolved. The Speaker called the House to order.

By unanimous consent, the Clerk of the House was directed to make correction of a typographical error in the following Bill of the House:

HB 4.

By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act known as the "Destruction of the Useless Public Records Act", and for other purposes.

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

HB 2.

By Messrs. Groover, Harris, and McKenna of Bibb:
A Bill to be entitled an Act to grant to the Board of Public Education and Orphanage for Bibb County certain property in the City of Macon, and for other purposes.

HB 12. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and others:
A Bill to be entitled an Act to ratify the executive orders of the Governor suspending the collection of sales tax on school lunches, and for other purp~ses.
HB 14. By Messrs. Matheson of Hart and Pitts of Coweta:
A Bill to be entitled an Act to provide that the maintenance of an abandoned open well shall be unlawful, and for other purposes.

HB 20. By Mr. Dews of Calhoun:
A Bill to be entitled an Act to amend Section 81-301 of the Code of Georgia of 1933 so as to provide for dismissing demurrers when the moving party fails to provide the opposite party with copies thereof, and for other purposes.

HB 22. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and others:
A Bill to be entitled an Act to ratify the executive order of the Governor suspending the collection of income tax on the first $1500 compensation of members of the armed forces, and for other purposes.

HB 23. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and others:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to ratify the executive order of the Governor suspending the collection of a corporation's income tax under certain conditions, and for other purposes.

HB 61. By Mr. Hand of Mitchell.
A Bill to be entitled an Act to amend an Act so as to provide fees for validation by the clerk of the superior court of revenue certificates, and for other purposes.

HB 62. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Ray of Warren:
A Bill to be entitled an Act to repeal certain sections of the Code of Georgia relating to the support of convicts, and for other purposes.

HB 63. 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 provide for the procedure for the establishment of county public works camps, and for other purposes.

HB 92. By Mr. Conger of Decatur:
A Bill to be entitled an Act to declare all combinations or contracts in restraint of trade illegal, and for other purposes.

HB 97. By Messrs. Smith of Emanuel, Hand and Twitty of Mitchell, and others:
A Bill to be entitled an Act to amend an Act so as to increase the powers of the Franklin D. Roosevelt Warm Springs Memorial Commission, and for other purposes.

HB 144. By Messrs. Connell and Register of Lowndes:
A Bill to be entitled an Act to require witnesses in civil cases to appear in person to testify when they reside beyond the limits of the county in which the case is pending, and for other purposes.

HB 127. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide that no employee covered under the terms of the Merit System shall be prohibited from seeking and being elected to any office of an incorporated municipality, and for other purposes.

HR 14-60a. By Messrs. Freeman of Monroe, Twitty of Mitchell, and others:
A Resolution authorizing the appointment of a committee to participate in the ceremonies of the presentation of the bust of Alexander H. Stephens, and for other purposes.

The following resolution of the House was again taken up for consideration and read:

TUESDAY, JANUARY 20, 1953

119

HR 36. By Messrs. Hand and Twitty of Mitchell:
A Resolution relating to the seating of a member of the House from Meriwether County, and for other purposes.

The report of the Committee, which was favorable to the adoption of the resolution and recommended the seating of Honorable Charles W. Bray as Representative of Meriwether County, was agreed to
The resolution was adopted.

Representative-elect Bray came forward to the bar of the House and the oath of office was administered by Honorable Charles W. Worrill, Judge of the Georgia Court of Appeals.

By unanimous consent, the following bill of the House was withdrawn from the Committee on Ways and Means and recommitted to the Committee on Gen-. eral Judiciary No. 1:

HB 59. By Mr. Rowland of Johnson.
A Bill to be entitled an Act to provide for the exemption from municipal or county license tax practitioners of Law and certain other professions, and for other purposes.

The following Resolution of the House was read and adopted:

HR 37. By Messrs. Hand and Twitty of Mitchell, and others:
A RESOLUTION
WHEREAS, God, in his infinite wisdom, has called to her reward Mrs. George W. Bailey, the mother of our beloved friend, Harry Bailey, and
WHEREAS, members of this body desire to convey to our friend, Harry Bailey, and other members of his family our deepest sympathy in connection with his bereavement;
NOW, THEREFORE, BE IT RESOLVED, that the sympathy of the entire membership of the House of Representatives is extended to our friend, Harry Bailey, and to the members of his family, and
BE IT FURTHER RESOLVED, that a copy of this resolution be placed upon the minutes of the House of Representatives and a copy mailed to Harry Bailey.

The following Resolution was read:

HR 38. By Mr. Campbell of Oconee:
A RESOLUTION Providing for the adjournment of the General Assembly of Georgia. WHEREAS, the Constitution of Georgia provides that in order to

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JOURNAL OF THE HOUSE,

adjourn any regular session to a later date, such must be accomplished by a concurrent resolution adopted by a majority of members elected to both Houses, and
WHEREAS, it is desirable that this General Assembly do adjourn on a day certain to a later date,
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that the General Assembly of Georgia stand adjourned on Friday, February 20, 1953 at six o'clock P. M. to re-convene on Monday, January 11, 1954 at ten o'clock A.M.
The Speaker referred the Resolution to the Committee on State of Republic.

Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 71. By Messrs. Ray of Warren, Greer of Lanier, and others:
A Bill to be entitled an Act to create the positions of Associate Public Service Commissioners, and for other purposes.

The following amendment to HB 71 was read and adopted:
Mr. Kemp of Clayton moves to amend HB 71 by striking from the bill the words "and allowances", wherever found, so that said retirement compensation shall be based solely on the salary paid.
Mr. McWhorter of DeKalb moved that HB 71 be tabled, and the motion to table was lost.

The following amendment to HB 71 was read: Mr. Watson of Dougherty moves to amend HB 71 by striking the word "18" in lin& 6 of Section 1, and substituting in lieu thereof the word "24".
On the adoption of the amendment, the ayes were 55, nays 72.
The amendment was lost.

The following amendment to HB 71 was read and adopted:
Messrs. Greer of Lanier, Adams of Evans, and Rutland of DeKalb move to amend HB 71 by striking words in line 5 and 6, Section 1: "andjor employee of the Georgia Public Service Commission" and by striking figure "15" in line 6 of Section 1 and inserting in lieu thereof figure "18".

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 77, nays 57.
The bill, having failed to receive the requisite consititutional majority, was lost.

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 71.

TUESDAY, JANUARY 20, 1953

121

HB 72. By Messrs. McCracken of Jefferson, Matthews of Clarke, and others:
A Bill to be entitled an Act to authorize a contingent expense allowance to members of the Public Service Commission, and for other purposes.

Mr. McCracken of Jefferson moved that further action on HB 72 be postponed until tomorrow morning immediately following the period of unanimous coll$ents, and the motion prevailed.

Mr. Holloway of Gilmer was granted a leave of absence for several days on account of illness.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock tomorrow morning, and the motion previ:Liled.

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. Wednesday, January 21, 1953.

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 Reverend John D. Maxwell, First Methodist Church, Madison, Georgia.

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

Mr. Garrard of Wilkes, 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. Reports 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 of the House were introduced, read the first time and referred to the Committees:

HB 166. By Messrs. Gardner of Dougherty, Mrs. Stocks of Lee, Durham of Baker, and many others:
A Bill to be entitled an Act to create a Board of Livestock Control, and for other purposes.
Referred to the Committee on General Agriculture :/:1: 1.

HB 167. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act which provided for an interest rate of 6% in case of non-payment so as to provide that the interest on any assessments made, and fi. fas. issued, or any indebtedness incurred or existing for taxes imposed by the Income Tax Act shall bear interest at the rate of 6o/o per annum, and for other purposes.
Referred to the Committee on Ways and Means.

HB 168. By Mr. Hicks of Floyd:

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123

'.. :.

A Bill to be entitled an Act to protect the health and safety of the

public in the use of public and private swimming pools, and for other

purposes.

Referred to the Committee on Hygiene and Sanitation.

HB 169. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to require all candidates for nomination and election to the House of Representatives in all countie& o.f this State entitled to two or more such Representatives to designate and qualify for a specific seat and to name his incumbent opponent; and for other purposes.
Referred to the Committee on State of Republic.

HB 170. By Messrs. Haa:r and Sipple of Chatham:
A Bill to be entitled an Act to amend an Act relating to and incorporating the Mayor and Aldermen of the City of Savannah; to provide for a council Manager form' of Government for said City; and for other P\lrposes.
R-eferred to the Committee on Municipal Government.

HB 171. By Mr. Haar of Chatham:
A Bill to be entitled an Act to amend an Act relating to and incorporating the Town of Garden City, and for other purposes. Referred to the Committee on Municipal Government.
HB 172. By Messrs. Haar and Sipple of Chatham:
A Bill to be entitled an Act to amend an Act which created and organized the Commissioners of Chatham County, who shall be ex-offieio Judges, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 173. By Messrs. Haar and Sipple of Chatham:
A Bill to be entitled an Act to amend an Act creating the City Court of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.

HB 174. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to authorize and empower Floyd County through its Board of Commissioners of Roads and Revenue to provide, construct and/or maintain in the territory of said county outside the limits of incorporated municipalities, a system of Waterworks, sewerage, sanitation and/or fire protection, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 175. By Messrs. Murr and Carter of Sumter:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to establish the salary of the Ordinary of Sumter County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 176. By Messrs. Wooten of Randolph and Musgrove of Clinch:
A Bill to be entitled an Act to amend an Act relating to fees of clerks in counties having less than 65,000 population, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 177. By Messrs. McKenna, Harris and Groover of Bibb:
A Bill to be entitled an Act to amend an Act providing for the attendance of witnesses in court and for their compensation, etc., and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 178. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to amend an Act to authorize the Board of Commissioners of Roads and Revenues of Hall County to create and establish restricted zones or districts, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 179. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to provide for Admission of Facts; Admission of Genuineness of Documents; etc., and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 180. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to amend an Act relating to the order and scope of examination of witnesses whose depositions are taken before Court Commissioners, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 181. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act entitled "An Act to authorize the State of Georgia to make grants to assist in the construction of public hospitals and public health centers, and for other purposes.
Referred to the Committee on Ways and Means.

HB 182. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to amend an Act relating to the seizure and condemnation of vehicles and conveyances and boats and vessels in use in this State in violation of the liquor laws, and for other purposes.
Referred to the Committee on General Judiciary # 1.

WEDNESDAY, JANUARY 21, 1953

125

HB 183. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to authorize municipalities of the State of Georgia to contract, sell, lease and otherwise dispose of property owned by said municipalities which is subject to condemnation by the United States or the State of Georgia, and for other purposes.
Referred to the Committee on General Judiciary ;#: 2.

HB 184. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues in the County of Hall, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 185. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to provide for Pre-Trial Procedure in Civil Actions in the Superior Courts; to provide a method for Formulating Issues and for the Simplification of Issues in cases pending for trial, and for other purposes.
Referred to the Committee on General Judiciary :#:1.
HB 186. By Messrs. H. Smith of Fulton, Twitty of Mitchell, Smith of Emanuel, Garrard of Wilkes, Ray of Warren and Campbell of Oconee:
A Bill to be entitled an Act to amend an Act concerning the creation, declaration and enforcement of Laborer's and Materialmen's liens, by providing that liens shall be created in favor or registered architects who furnish plans, drawings, and designs and other architectural services, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 187. By Messrs. H. Smith of Fulton, Twitty of Mitchell, Ray of Warren and Campbell of Oconee:
A Bill to be entitled an Act to amend an Act so as to provide that the practice of Architecture in the State of Georgia by persons not registered according to the provisions of Chapter 84-3 of the 1933 Code of Georgia shall be a misdemeanor, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 188. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act to authorize the employment of a full time Clerk or Clerks and other employees by the Board of Tax Assessors in counties having a population of not less than 115,000 nor more than 135,000, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 189. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to provide when all insurance companies

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JOURNAL OF THE HOUSE,

doing business in this State, and engaged in the business of writing and selling insurance contracts in which the insured is insured against loss on account of damage or injury that the insured may cause to the person or property of another, shall be liable for the payment of the entire amount of a final judgment that may be rendered against the insured on account of such damage or injury which may be in excess of the limits of the contract of insurance, and for other purposes.
Referred to the Committee on State of Republic.

HB 190. By Mr. Hurst of Quitman:
A Bill to be entit!ed an Act to provide for compensation for the Ordinary of Quitman County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 191. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to provide for compensation for the Sheriff of Quitman County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 192. By Mr. Ray of Warren:
A Bill to be entitled an Act to authorize the Commissioner of Roads and Revenues and the County Treasurer of Warren County, to pay to the Tax Receiver of Warren County the sum of Three Hundred Fifty Dollars per year, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 193. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Quitman, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 194. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to enlarge and extend the jurisdiction of the Courts of Ordinary, acting by and through the Judge thereof, in those counties having no City Courts or County Courts, so as to empower such courts to conduct trials, receive pleas of guilty, issue warrants, and impose sentence upon defendants violating any and all criminal laws of this State, where the penalty for the offense does not exceed that of the grade of misdemeanor, etc., and for other purposes.
Referred to the Committee on General Judiciary :#: 1.
HB 195. By Messrs. Williams of Bulloch and Lanier of Candler:
A Bill to be entitled an Act to define contagious tuberculosis; to empower the State Board of Health to promulgate rules and regulations relating to the control of contagious tuberculosis, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

WEJ)NESDAY, JANUARY 21, 1953

127

HB 196. By Messrs. Williams of Bulloch and Lanier of Candler: A Bill to be entitled an Act to define the term "tourist court"; to provide for the 'issuance and renewal of permits to operators of tourist court; etc., and for other purposes.
Referred to the Committee on Public Welfare.
HB 197. By Messrs. Williams of Bulloch and Lanier of Candler: A Bill to be entitled an Act to amend an Act providing a complete and comprehensive Vital Statistics Law for Georgia, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 198. By Messrs. Williams of Bulloch and Lanier of Candler:
A Bill to be entitled an Act to define the term midwifery; to define the term practice of midwifery, etc., and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 199. By Messrs. Harris, McKenna and Groover of Bibb: A Bill to be entitled an Act to ratify and confirm an ordinance of the City of Macon, said Ordinance abandoning, closing and discontinuing that portion of Ash Street between Elbert of Fifth Street and Hammont Street, and for other purposes.
Referred to the Committee on Municipal Government.
HB 200. By Mr. Harris of Bibb: A Bill to be entitled an Act to amend an Act which relates to the Duty of the Clerks of the Superior Courts to keep in their offices two subpoena dockets, one for criminal and one for civil cases, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 201. By Mr. Harris of Bibb:
A Bill to be entitled an Act to amend an Act relating to attendance of witnesses in Court, Application to the Clerk of the Court for the issuance of the writ of subpoena for witnesses, etc., and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 202. By Messrs. Twitty of Mitchell, Nightingale of Glynn, Gardner and Watson of Dougherty:
A Bill to be entitled an Act to provide that a prima facie case shall be made out in actions respecting title to land without the necessity of proving title to the original grant from the State, and for other purposes.
Referred to the Committee on General Judiciary # 1.

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JOURNAL OF THE HOUSE,

HR 39-202a. By Mr. Matthews of Clarke:
A Resolution to compensate Mr. J. B. Polk for damages to his automobile when hit by State Truck SHD #1-1375 owned by the State Highway Department and driven by Mr. Judson P. Pendrey, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 40-202b. By Mr. Bentley of Cobb:
A Resolution to provide for a joint committee of the House and the Senate to investigate the possibilities of economizing in every Department of the State Government, and for other purposes.
Referred to the Committee on State of Republic.

HR 41-202c. By Mr. Murphey of Crawford:
A Resolution proposing that the Department of Public Safety be directed to pay to Mr. E. C. Bradberry of Roberta, compensation for damages to his automobile, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 42-202d. By Mr. Sipple of Chatham:
A Resolution providing for the compensation of Louisa Ruhlin for damages to her automobile when it was struck by a vehicle owned and operated by the National Guard, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 43-202e. By Mr. Turk of Wilcox:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Wilcox County, without cost to said County, certain law books, and for other purposes.
Referred to the Committee on Public Library.

HB 203. By Messrs. Harris, Groover and McKenna 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 authorizing John B. Lamar to clOse an alley and describing said alley, and for other purposes.
Referred to the Committee on Municipal Government.

Mr. Lavender of Elbert 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 117. Do Pass.

WEDNESDAY, JANUARY 21, 1953

129

HB 148. Do Pass. HB 149. Do Pass. HB 90. Do Pass. HB 146. Do Pass. liB 88. Do Pass.. HB 89. Do Pass.

Respectfully submitted, Lavender of Elbert,

Chairman.

Mr. Lavender of Elbert County, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Spearker:

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 87. Do Pass, by Substitute.

HB 33. Do Pass.

HB 81. Do Pass.

HB 80. HB 38. HB 82. HB 118. HB 84. HB 122. HB 83.

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

Respectfully submitted, Lavender of Elbert,

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 125. Do Pass.

Respectfully submitted, Campbell of Oconee,

Chairman.

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-JOURNAL OF THE HOUSE,

Mr. Lanier of Candler 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 134. Do Pass.
Respectfully submitted,
Lanier of Candler,
Chairman.

Mr. McGarity of Henry 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 Bill 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.
Respectfully submitted,
McGarity of Henry,
Chairman.

Mr. Hoke Smith of Fulton 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 119. HB 143. HB 124. HB 121. HB 91. HB 120. Do Pass. HB 95. HB 145. HB 144. HB 158.

WEDNESDAY, JANUARY 21, 1953

131

HB 139. HB 78. HB 79. HB 165.

Respectfully submitted, Hoke Smith of Fulton,

Chairman.

Mr. Adams of Evans 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 House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 160. Do Pass.
Respectfully submitted,
Adams of Evans,
Chairman.

By unanimous consent, the following Bills and Resolution of the House, favorably reported, were read the second time:
HB 15. By Messrs. King of Chattahoochee, Smith of Emanuel, and others:
A Bill to be entitled an Act to empower the Department of Mines, Mining, and Geology to prospect for water supplies, and for other purposes.

HB 33. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to amend an Act so as to place the Tax Commissioner of Lamar County on a salary rather than a fee basis, and for other purposes.
HB 38. By Mr. Stewart of Echols:
A Bill to be entitled an Act to provide that purchases made by the County Board of Education of Echols County shall be done by public bidding, and for other purposes.

HB 78. By Messrs. Frier and Mincy of Ware:
A Bill to be entitled an Act to amend an Act so as to provide for an increase in the maximum fine imposed in the police court of the City of Waycross, and for other purposes.
HB 79. By Messrs. Frier and Mincy of Ware:

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JOURNAL OF THE HOUSE, .

A Bill to be entitled an Act to amend an Act so as to increase the compensation of the members of the Commission of the City of Waycross, and for other purposes.

HB 80. By Messrs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act to provide that the County of Muscogee shall supplement the salary of the Judge of the Superior Courts of the Chattahoochee Circuit, and for other purposes.

HB 81. By Messrs. Hollis, Pickard, and Young of Muscogee:
-A Bill to be entitled an Act to .prescribe the duties and salary of the official court reporter for the Superior <A>urt of Muscogee County, and for other purposes.

HB 82. By Messrs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act to amend an Act so as to increase the salary of each member of the Board of Commissioners of Roads and Revenues of Muscogee County, and for other purposes.

HB 83. By Messrs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act to amend an Act so as to provide for the election of two additional members to the Board of Commissioners of Roads and Revenues of Muscogee County, and for other purposes.

HB 84. By Messrs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act to amend an Act so as to provide for reduc-ing the number of members required to constitute a quorum for the transaction of business by the County Board of Health of Muscogee County, and for other purposes.

HB 87. By Mr. Stewart of Echols:
A Bill to be entitled an Act to amend an Act so as to consolidate the laws creating the Commissioners of Roads and Revenues of EcholS. County, and for other purposes.

HB 88. By Messrs. Britton and Whitener of Whitfield:
A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Whitfield County and to substitute therefor the office of Tax <A>mmissioner of Whitfield County, and for other purposes.

HB 89. By Messrs. Britton and Whitener of Whitfield:
A Bill to be entitled an Act to amend an Act so as to provide for the qualifications of the Commissioner of Roads and Revenue of Whitfield County, and for other purposes.
HB 90. By Messrs. Britton and Whitener of Whitfield:
A Bill to be entitled an Act to establish the City Court of Dalton, and for other purposes.

WEDNESDAY, JANUARY 21, 1953

133

HB 91. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to amend an Act so as to authorize the Town of -Baldwin to sell and distribute water without its corporate limits, and for other purposes.

HB 95. _By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to amend an Act so as to authorize the establishment and maintenance of recreation systems by municipalities, and for other purposes.

HB 117. By Mr. Murphy of Crawford:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the clerk of the Board of Commissioners of Roads and Revenues of Crawford County, and for other purposes.

HB 118. By Mr. Jackson of Jones:
A Bill to be entitled an Act to provide for the disposition of fines involved in traffic cases in the Court of the Ordinary in certain counties, and for other purposes.

HB 119. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to amend an Act so as to provide for the election of a city manager for the City of Harlem, and for other purposes.

HB 120. By Messrs. Gardner and Watson of Dougherty:
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 Albany, and for other purposes.
HB 121. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act so as to provide for a two year term of office for the Mayor of the City of Wrightsville, and for other purposs.
HB 122. By Mr. Hodges of Butts:
A Bill to be entitled an Act to amend an Act so as to provide that a majority of the Board of Commissioners of Roads and Revenues for Butts County shall constitute a quorum, and for other purposes.

HB 124. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act so as to provide for certain procedure relating to the registration of voters in the City of Lakeland, and for other purposes.
HB 125. By Messrs. Campbell of Oconee and Fowler of Douglas:
A Bill to be entitled an Act to amend an Act so as to classify eggs for marketing purposes, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 134. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act so as to provide expanded telephone service outside of rural areas, and for other purposes.

HB 139. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to amend an Act so as to authorize the placing of employees of the City of Fitzgerald under the benefits of social security laws, and for other purposes.

HB 143. By Mr. Ray of Warren:
A Bill to be entitled an Act to provide a term of two years for each member of the Council of the City of Warrenton, and for other purposes.

HB 144. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of Warrenton, and for other purposes.

HB 145. By Mr. Ray of Warren:
A Bill to be entitled an Act to provide for pensions for certain po,lice officers of the City of Warrenton, and for other purposes.

HB 146. By Mr. Ray of Warren:
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 Warren County, and for other purposes.

HB 148. By Messrs. Hicks, Hall, and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in the County of Floyd, and for other purposes.
HB 149. By Messrs. Hicks, Hall, and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Board of Roads and Revenues of Floyd County, and for other purposes.

HB 158. By Mr. Cowart of Stewart:
A Bill to be entitled an Act to amend an Act so as to change the date of the election of Mayor and Council of the City of Richland, and for other purposes.

HB 160. By Messrs. Stephens of Clarke, Ray of Warren, and others:
A Bill to be entitled an Act to amend Section 78-204 of the Code of Georgia so as to authorize the payment of pensions to all widows of Confederate soldiers, and for other purposes.

WEDNESDAY, JANUARY 21, 1953

135

BB 165. By Mr. Turk of Wilcox:
A Bill to be entitled an Act to create a new charter for the City of Abbeville, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on General Judiciary No. 1 and recommitted to the Committee on Pensions:

BB 132. By Messrs. Greer of Lanier, Perkins of Carroll, and others:
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.

Mr. Greer of Lanier moved that the Bouse reconsider its action in failing to pass the following Bill of the House:

BB 71. By Messrs. Ray of Warren, Greer of Lanier, and others:

A Bill to be entitled an Act to create the positions of Associate Public Service Commissioners, and for other purposes.

On the motion to reconsider, 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.:

Abney of Cataoosa Adams of Evans Adams of Upson Ayers Barber of J ackS'On Baughman Bentley Best Bloodworth Bodenhamer Brantley Britton Byrd
Clary Connell Coogle Deal Dean of Towns Denton Drinkard Durham Edenfield
Foster Fowler Gardner
Geer Gillis Gowen

Graham Green of Baldwin Greer Groover of Bibb Haar Hall Harrrell Harris Hicks Holley Hollis Ivey
Jackson Jordan of Wheeler Kemp Key King Lanier Lavender Lewis Lokey McGee Matheson Matthews Moye
Murphy of Haralson Musgrove Nightingale

Perkins Phillips of Columbia Phillips of Walton Pickard Ray
Rowland Russell Rutland Sipple of Chatham Sivell Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stewart Strickland Tamplin Tarbutton Todd Trapnell Tumlin Twitty White
Whitener Wiggins
Williams of Bulloch Young

136

. JOURNAL OF THE 'HOUSE,

Those voting in the negative were Messrs.:

Barber of Colquitt Bell Birdsong Blackburn Boggus
Bolton Brannen Bray
Callier Chastain Clark Cloud Conger Cowart Cummings Deen of Bacon Dunaway Floyd Frier Gilder Goodson Green of Rabun Greene of Crisp Grimsley Groover of Troup

Gunter Hamilton Harper Harrison of Wayne Hayes Henderson Holton Huddleston Hurst Ingle Jessup Johnson . Jones of Worth Jordan of Gwinnett. Layton Lifsey
Little Lovett McKenna McWhorter Martin Mauldin' Mincey
Moate Mobley

Moore of Pickens Moore of White Murphey of Crawford MurrNelson Otwell Potts Raulerson Short Stevens of Marion Stewart Stocks Tallant Turk
Upshaw
Veal Wardlow
Watson Weems Williams of Tift Willingham
Willis Wooten

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

On _the m,otion to reconsider, thE) ay~s were 83, nays 72;

The motion to reconsider prevailed, and the bill was placed at the foot of the Calendar following HB 127.

The following resolution of the House was read and adopted:

HR 44. By Mr. Bentley of Cobb:
A RESOLUTION
To offer condolences to Honorable Ben Smith, Representative from Cobb County, upon the loss of his father.
WHEREAS, on January 20, 1953, Mr. A. C. Smith, Sr., the father of Ben Smith, Representative from Cobb County, passed away,
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that this Body go on record as extending its deepest sympathy to Ben Smith in this his hour of need.
BE IT FURTHER RESOLVED that the Clerk of the House be instructed to send a copy of this resolution to Honorable Ben Smith.

Under the regular order of business, the following Bill of the House was again taken up for consideration:

HB 72. By Messrs. McCracken of Jefferson, Matthews of Clarke, and others:

WEDNESDAY, JANUARY 21, 1953

13'7

A Bill to be entitled an Act to authorize the payment of a contingent expense allowance to members of the Public Service Commission, and for other purposes.

Mr. McCracken of Jefferson asked that further action on HB 72 be postponed until next Wednesday, January 28, 1953, immediately following the period of unanimous consents, and the request was granted.

By unanimous consent, the following Bill of the House was recommitted to the Committee on General Judiciary No. 2:

HB 92. By Mr. Conger of Decatur:
A Bill to be entitled an Act to declare all combinations or contracts in restraint of trade illegal, 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 2. By Messrs. Groover, Harris, and McKenna of Bibb:

A Bill to be entitled an Act to grant to the Board of Public Education

and Orphanage for Bibb County certain property in the City, of Macon,

and for other purposes.



The previous question was ordered.

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

On the passage of the bill, the roll call was ordered" and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Adams of Upson Ayers Barber of Jackson Barrett Baughman Bell Best Black Blackburn Bloodworth Bolton Brantley Bray Britton Brown
Buie Byrd
Callier Campbell of Oconee Campbell of Walker Carswell

Clary Cloud Coker Conger Connell Coogle Cowart Deal Deen of Bacon Denton Dews Dunaway Floyd Flynt
Foster Fowler Freeman
Gardner Geer Goodson Gowen Graham

Green of Baldwin Green of Rabun Greer Groover of Bibb Gunter Haar Hall Hamilton Harper Harris Hayes Henderson Hicks Hodges Holley Hollis Holton Hopkins Ingle lvey Jackson Johnson

138

JOURNAL OF THE HOUSE,

Jones of Worth Jordan of Gwinnett Kemp Key King
Land Lewis Lifsey McGarity McGee McKenna McWhorter Matheson Maudlin Moore of White Murphey of Crawford

Murphy of Haralson Musgrove Nelson Nightingale Parker Phillips of Walton Pickard
Potts Register Rowland Rutland Scoggin Sipple of Chatham Sivell Smiley Stephens of Clarke

Stocks Terrell Trapnell Tumlin Turner Upshaw Veal Wardlow Watson White Whitener Wiggins
Williams of Bulloch Willingham Willis Young

Those voting in the negative were Messrs.:

Barber of Colquitt Boggus Brannen Cummings Dean of Towns Duncan Frier Gilder Gillis Grimsley

Hurst Jones of Lumpkin Layton Little Lokey
Lovett Moate Otwell Raulerson Hoke Smith of Fulton

M. M. Smith of Fulton Stevens of Marion Stewart Strickland Tallant Tamplin Turk Wilkinson Williams of Tift Wooten

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

On the passage of the bill, the ayes were 114, nays 30.

The bill, having received the requisite constitutional majority, was passed.

Mr. Lovett of Laurens gave notice that at the proper time he would moTe that the House reconsider its action in passing HB 2.

HB 12. By Messrs. Hand and Twitty of Mitchell, and others:
A Bill to be entitled an Act to ratify the executive orders to the Governor suspending the collection of a sales tax on school lunches, and for other purposes.

The report 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 14. By Messrs. Matheson of Hart and Pitts of Coweta:
A Bill to be entitled an Act to provide for making it unlawful for a property owner to maintain an abandoned open well, and for other purposes.

WEDNESDAY, JANUARY 21, 1953

139

Mr. Tumlin of Bartow moved that further consideration of HB 14 be postponed indefinitely.
On the motion, the ayes were 69, nays 49.
The motion prevailed, and further consideration of HB 14 was postponed indefinitely.

Mr. Twitty of Mitchell moved that the House do now recess until 1:15 o'clock, P. M., and the motion prevailed.

The Speaker announced the House recessed until 1:15 o'clock this afternoon.

AFTERNOON SESSION The Speaker called the House to order.

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 20. By Mr. Dews of Calhoun:
A Bill to be entitled an Act to amend Section 81-301 of the Code of Georgia of 1933 so as to provide for dismissing demurrers when the moving party fails to provide the opposite party with copies thereof, and for other purposes.

The following amendment to HB 20 was read and adopted:
Mr. Freeman of Monroe moves to amend HB 20 by adding at the end of Paragraph one the following words: "unless good cause is shown for such failure".

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 66, nays 46.
The bill, having failed to received the requisite constitutional majority was lost.

Mr. Dews of Calhoun gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 20.

HB 22. By Messrs. Hand and Twitty of Mitchell, and others:
A Bill to be entitled an Act to ratify the executive order of the Governor suspending the collection of an income tax on the first $1500.00 compensation received by members of the armed forces, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 123, nays 0.
The bill, having received the requisite constitutional majority, was passed.

140

JOURNAL OF THE HOUSE,

H_B 23. By Messrs. Hand and Twitty of Mitchell, and others:
A Bill to be entitled an Act to ratify the executive order of the Governor suspending a corporation's income tax under certain conditions, and for other purposes.

The report 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.

HR 14-60a. By Messrs. Freeman of Monroe, Twitty of Mitchell, and others:
A Resolution authorizing the appointment of a committee to take part in the ceremonies of the presentation of the bust of Alexander H. Stephens in Richmond, Virginia, 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 129, nays 2.
The resolution, having received the requisite constitutional majority, was adopted.

HB 61. By Mr. Hand of Mitchell:
A Bill to be entitled an Act to amend an Act so as to change the fees for validation by the clerk of the superior court of revenue certificates, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on State of Republic moves to amend House Bill No. 61 as follows:
By striking the following language in Section 1 thereof and inserting in lieu thereof the following language: "First 10 certificates___________________________________________________________________________________ $1.00 each 11th through 100th certificates_______________________________________________________________ .50 each"
and inserting in lieu thereof the following language: "First 100 certificates_________________________________________________________________________ $1.00 each"
By striking the following language in Section 15 to wit:
"First 10 certificates__________________ ---------------------------------------------------------- $1.00 each 11th through 100th certificates____________________________________________________________ .50 each"
and inserting in lieu thereof the following language: "First 100 certificates___________________________________________________________________________ $1.00 each"

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 134, nays 0.

WEDNESDAY, JANUARY 21, 1953

141

The bill, having received the requisiteconstitutional majority, was passed, as amended.

HB 62. By Messrs. Hand and Twitty of Mitchell, and others:
A Bill to be entitled an Act to repeal Section 77-202 of the Code of Geor~ gia relating to the safe-keeping and support of convicts, and for other purposes.

An amendment offered by Mr. Groover of Bibb was withdrawn.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 134, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 63. By Messrs. Hand and Twitty of Mitchell, and others:
A Bill to be entitled an Act to amend an Act so as to provide for the establishment of public works camps, and for other purposes.

The report 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 97. By Messrs. Hand and Twitty of Mitchell, and others:
A Bill to be entitled an Act to amend an Act so as to increase thel powers of the Franklin D. Roosevelt Warm Springs Memorial Commis.: sion, and for other purposes.
The report 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.

HB 114. By Messrs. Connell and Register of Lowndes:
A Bill to be entitled an Act to require witnesses to appear in person to testify in courts of the State of Georgia when they reside beyond the limits of the county in which the case is pending, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 129, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB 127. By Mr. Willingham of Cobb:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to amend an Act so as to permit the election of employees covered under the Merit System to municipal offices, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 3.
The bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read and adopted:

HR 52. By Messrs. Moate of Hancock, Harrison of Wayne, and others:

A RESOLUTION
Requesting the members of the Georgia Congressional Delegation to exert all efforts to raise the price of cotton; and for other purposes.
WHEREAS, the plight of the cotton farmer in the South is becoming steadily worse; and
WHEREAS, it is to the advantage of the economy of the entire country that the price of cotton be increased in order that the condition of the cotton farmer be improved;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that each member of the Georgia Congressional Delegation be requested and urged to exert all efforts possible and work with the United States Secretary of Agriculture in an attempt to raise the price of cotton by whatever method deemed best, with a particular view towards stock piling and one hundred percent parity.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to send a copy of this Resolution to the United States Secretary of Agriculture and to each member of the Georgia Congressional Delegation.

Mr. Hayes of Coffee was granted a leave of absence for Monday, January 26, 1953, on account of important business.

Mr. Terrell of Hall was granted a leave of absence for several days on account of death in his family.

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.

THURSDAY, JANUARY 22, 1953

143

Respresentative Hall, Atlanta, Georgia. Thursday, January 22, 1953.
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 Reverend John D. Maxwell, First Methodist Church, Madison, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Garrard of Wilkes, Chairman of th; 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. Reports 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 of the House were introduced, read the first time and referred to the Committees:

HB 204. By Mr. Willingham of Cobb:
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 add local authority to the list of exclusions from the terms "Retail sale" and "Sale at retail", and for other purposes.
Referred to the Committee on Ways and Means.

HB 205. By Messrs. Hoke Smith of Fulton and Hollis of Muscogee:
A Bill to be entitled an Act to require all motor vehicles except those used solely for agricultural purposes, having a gross total combined weight of vehicle and load in excess of 10,000 pounds to conform to the safety rules and regulations of the Georgia Public Service Commission for motor carrier vehicles similar in weight, etc., and for other purposes.
Referred to the Committee on Motor Vehicles.

144

JOURNAL 01" THE HOUSE,

HB 206. By Messrs. Williams and Bodenhamer of Tift:
A Bill to be entitled an Act to prohibit the sale of spirituous liquors, malt beverages, and wines outside the territorial limits of incorporated municipalities in Georgia, and for other purposes.
Referred to the Committee on Temperance.

HB 207. By Mr. Barber "f Colquitt:
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 the exemption of sales made to all non-profit schools and colleges, and for other purposes.
Referred to the Committee on Ways and Means.

HB 208. By Messrs. Scoggins, Hicks and Hall of Floyd, Denton of Paulding and Trapnell of Bulloch:
A Bill to be entitled an Act to provide that no person under the age of sixteen shall be employed in any place where alcoholic beverages of any kind, including, but not limited to, whisky, beer and wine, are sold or offered for sale, and for other purposes.
Referred to the Committee on Temperance.

HB 209. By Mr. Tumlin of Bartow:
A Bill to be entitled an Act to make it a misdemeanor for any person to operate a boat on any public water of this State while in an intoxicated condition or in a manner which disregards the safety of others, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 210. By Mr. Deal of Bryan:
A Bill to be entitled an Act to amend an Act relating to the giving of notice of a petition to probate a will in solemn form, and for other purposes.
Referred to the Committee on General Judiciary :#;1.

HB 211. By Mr. Best of Clay:
A Bill to be entitled an Act to repeal an Act entitled "An Act to create a Board of Commissioners for the County of Clay and to describe and define the powers and duties thereof", and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 212. By Mr. Turk of Wilcox:
A Bill to be entitled an Act to provide for holding three terms a year of the Superior Court of Wilcox County, and for other purposes.
Referred to the Committee on Counties and County Matters.

THURSDAY, JANUARY 22, 1953

145

HB 213. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act incorporating the Town of East Dublin, so as to provide that the City Attorney shall also be the Recorder, and for other purposes.
Referred to the Committee on Municipal Government.

.HB 214. By Messrs. Haar, McGee and Sipple of Chatham:
A Bill to be entitled an Act to provide that in Judicial Circuits of this State consisting of one county only which now, or hereafter, shall have a population of not less than (150,000) nor more than (450,000), jurors summoned to serve in said court may be competent and compellable to serve the number of days specified herein regardless of the number of calendar weeks in which the service may be given, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 215. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the Act of the General Assembly, prescribing the salaries of the Judge of the City Court of Dublin and the Solicitor, and for other purposes.
Referred to the Committee on Municipal Government.
HB 216. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to provide pensions for members of police departments in cities having a population of 150,000 or more so as t< provide credit for service in the armed forces of the United States under the Department of Defense or service in the Coast Guard of the United States, and for other purposes.
Referred to the Committee on Municipal Government.

HB 217. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to provide pensions for empl<yees of cities having a population of 150,000 or more so as to provide credit for service in the armed forces of the United States under the Department of Defense or service in the Coast Guard of the Unitted States, and for other purposes.
Referred to the Committee on Municipal Government.

HB 218. By Messrs. Lokey, H. Smi~ and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to provide pensions f<r members of Fire Departments in cities having a population of 150,000 or more so as to provide credit for service in the Armed Forces of the United States under the Department of Defense or Services in the C<ast Guard of the United States, and for other purposes.
Referred to the C<mmittee <n Municipal Government.

HB 219. By Mr. Deal of Bryan:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to supplement the collliPensation now received by the Ordinary of Bryan County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 220. By Messrs. Lokay, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to establish a new charter for the City of Atlanta, so as to authorize the governing authorities to permit construction, erection and maintenance of overhead and underground passageways across, over and under any of the public streets and alleys of the City of Atlanta, and for other purposes.
Referred to the Committee on Municipal Government.

HR 45-220a. By Messrs. Veal of Putnam, Brantley and Adams of Upson, Key of Jasper, Musgrove of Clinch and Conger of Decatur and many others:
A Resolution providing for a standing committee of the House of Representatives to be appointed for the purpose of studying the Acts of the General Assembly adopted since the adoption of the Code of 1933 and decisions of the courts thereon, for the purpose of making recommendations upon legislation to modify or repeal said Acts so as to clarify existing statutes now of force in this State, and for other purposes.
Referred to the Committee on General Judiciary ;f:t 2.
HR 46-220b. By Mr. Connell of Lowndes:
A Resolution to compensate Mrs. Lizzie Lundy for the death of her son, John Cession Lundy, and for other purposes.
Referred to the Committee on Special Appropriation.

HR 47-220c. By Mr. Connell of Lowndes:
A Resolution to compensate J. Sherwood Clement for the loss of his automobile, and for other purposes.
Referred to the Committee on Special Appropriation.
HR 48-220d. By Mr. Deen of Bacon:
A Resolution proposing an amendment to the Constitution authorizing the City of Alma to levy a tax not to exceed one mill for the purpose of creating and setting aside a fund to be used in assisting, promoting and encouraging the location of new industries in the City of Alma, and for other purposes.
Referred to the Committee on Amendme' nt to Constitution ;f:t 1.
HR 49-220e. By Mr. Deen of Bacon:
A Resolution proposing an amendment to the Constitution authorizing Bacon County to levy a tax not exceeding 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 Bacon County, and for other purposes.
Referred to the Committee on Amendment to Constitution ;f:t 2.

THURSDAY, JANUARY 22, 1953

147

HR 50-220f. By Mr. Tamplin of Morgan:
A Resolution authorizing compensation to J. B. Bruce for the loss of a cow, and for other purposes.
Referred to the Committee on Special Appropriation.

HR 51-220g. By Mr. Tamplin of Morgan:
A Resolution to compensate Mr. R. H. Ridgeway, Jr. of Madison, Georgia for damages to his truck received in an accident with a State truck, and for other purposes.
Referred to the Committee on Special Appropriation.

HB 221. By Messrs. Hicks, Scoggin and Hall of Floyd:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a City Court in the County of Floyd", and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 222. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to repeal an Act 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.

HB 223. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to repeal an Act 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.

.HB 224. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to provide that the Chairman of the Board of Commissioners of Roads and Revenues of Taliaferro County be authorized to pay all present indebtednesses of said county; to provide that the said Chairman shall make all purchases for Taliaferro County, and for other purposes.
Referred to the Committee on CQunties and County Matters.

HB 225. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to amend an Act entitled "An Act to alter and amend, revise and consolidate the several acts granting corporate authority to the town of Crawfordville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 226. By Mr. Flynt of Taliaferro:

i4S

JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to repeal an Act 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.

HB 227. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to repeal an Act entitled "An Act 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, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 228. By Messrs. Willingham of Cobb, Hollis of Muscogee, McCracken of Jefferson, Hale of Dade and Groover of Bibb:
A Bill to be entitled an Act to amend an Act creating the positions of Chief Justice Emeritus of the Supreme Court, and for other purposes.
Referred to the Committee on Pensions.

HB 229. By Messrs. M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend the Municipal Home Rule Act entitled an Act to provide for municipal home rule; in certain counties only, and for other purposes.
Referred to the Committee on Municipal Government.

HB 230. By Messrs. Perkins of Carroll, Foster and Kemp of Clayton, McGarity of Henry, Register of Lowndes, Rowland of Johnson and Tallant of Cherokee:
1\ Bill to be entitled an Act to provide for the election, appointment and qualification of all Judges and Recorders of Police Courts and Municipal Courts of incorporated cities having jurisdiction of municipal ordinances, traffic offenses and commitment of persons charged with crimes against the State of Georgia, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 231. By Messrs. McGarity of Henry, Coogle of Macon, Kemp of Clayton, Freeman of Monroe, Hodges of Butts, Tallant of Cherokee, Moate of Hancock and 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 Game and Fish.

HB 232. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel and McCracken of Jefferson:
A Bill to be entitled an Act to authorize the Governor to lease or transfer the Alto Tuberculosis Sanatorium property to the State Hospital Authority, and for other purposes.

THURSDAY, JANUARY 22, 1953

149

Referred to the Committee on Public Property.

HB 233. By Messrs. Tumlin of Bartow, McGarity of Henry, Green of Rabun. Hodges of Butts, Tallant of Cherokee and Mull of Fannin.
A Bill to be entitled an Act to regulate the renting of boats; to provide that persons letting such boats for rent shall keep a legible register for certain purposes, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 234. By Messrs. Harrison of Wayne, Perkins of Carroll, Buie of Camden and Mincy of Ware:
A Bill to be entitled an Act to provide that no person shall sell, or offer for sale, any fresh water scale fish in this State, with the exception of Shad, and for other purposes.
Referred to the Committee on Game and Fish.

HB 235. By Messrs. Harrison of Wayne, Moate of Hancock, Lovett of Laurens Mincy of Ware and Frier of Ware:
A Bill to be entitled an Act to amend an Act relating to unlawful devices used in killing fish, so as to provide that the possession of any such devices shall be deemed prima facie evidence of intent, and for other purposes.
Referred to the Committee on Game and Fish.

HB 236. By Messrs. Harrison of Wayne, Moate of Hancock and Mincy of Ware:
A Bill to be entitled an Act to provide than any motor vehicle used by any person in this State authorized to make arrests for traffic offenses shall be clearly marked, and for other puiposes.
Referred to the Committee on Motor Vehicle.

HB 237. By Messrs. Harrison of Wayne, Frier and Mincey of Ware and Moate of Hancock:
A Bill to be entitled an Act to amend an Act providing for electrocution of persons sentenced to death, and for other purposes.
Referred to the Committee on State of Republic.

HB 238. By Messrs. Mincy and Frier of Ware, Harrison of Wayne and Moate of Hancock:
A Bill to be entitled an Act to amend an Act providing for the domicile and office of the Public Service Commission, and for other purposes.
Referred to the Committee on Public Utilities.

HB 239. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act entitled, "Construction of Contracts" by providing for the construction of contracts made or executed in settlement of injuries or damages growing out of any accident

150

JOURNAL OF THE HOUSE,

or casualty, where such contracts are made or executed within thirty days of the date of such accident or casualty, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 240. By Messrs. Rowland of Johnson, Holley of Richmond, Greer of Lanier, Terrell of Hall, McGee of Chatham, Hicks, Scoggin and Hall of Floyd and others:
A Bill to be entitled an Act to amend an Act known as the Georgia Workmen's Compensation Act, relating to employers and employees to whom the act is applicable so as to increase the coverage of the Act, and for other purposes.
Referred to the Committee on Industrial Relations.

HB 241. By Messrs. Barber of Colquitt, Lovett of Laurens, Moate of Hancock, Henderson of Atkinson, Wooten of Randolph, Harrison of Wayne, Mincey of Ware and others:
A Bill to be entitled an Act to provide for pensions for all taxpayers who shall have reached the age of 65 and have paid taxes continuously for a period of 20 years to the State of Georgia or a political subdivision thereof, and for other purposes.
Referred to the Committee on Pensions.

HB 242. By Messrs. M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act relating to filing of written demand as prerequisite to bringing of suit at law or equity against municipal corporations for injuries to person or property, etc., so as to provide that such notice presented to municipalities having a population of 300,000 or more ~hall be presented to governing authorities of such cities within 90 days of happening of event upon which such claim is predicated, and for other purposes.
Referred to the Committee on General Judiciary ;#: 1.

HR 53-242a. By Messrs. Perkins of Carroll, Cowart of Stewart, Murphy of Haralson, Kemp and Foster of Clayton, Black of Webster, Barber of Jackson, and many others:
A Resolution proposing an amendment to the Constitution relating to the purposes and method of taxation, so as to authorize the General Assembly to provide by law for the granting of a bonus to veterans, and for other purposes.
Referred to the Committee on Veteran Mfairs.

HR 54-242b. By Messrs. Gardner of Dougherty and Cochran of Baker:
A Resolution authorizing the payment of $5,000.00 by the Georgia Factory for the Blind to Jearldyne Garrett as compensation for injuries received on the 13th day of January, 1951 in an accident with a State Automobile.
Referred to the Committee on Special Appropriations.

THURSDAY, JANUARY 22, 1953

151

HR 55-242c. By Messrs. Perkins of Carroll, Deen of Bacon, Cowart of Stewart, Murphy of Haralson, Kemp and Foster of Clayton, Barber of Jackson, and many others:
A Resolution proposing an amendment to the Constitution providing that the credit of the State shall not be pledged, so as to authorize the General Assembly to provide by law for the granting of loans to veterans for agricultural purposes.
Referred to the Committee on Veterans Affairs.

HB 243. By Mr. Murphy of Haralson:
A Bill to be entitled an Act vesting in the City of Bremen the povrer and authority to close that part of Flint Street in said City which runs from the North side of Laurel Street to the South side of Poplar Street and to sell and to convey to the abutting owners. fee simple title to the land embraced in said part of said street, and for other purposes.
Referred to the Committee on Municipal Government.

The following ~ssage 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 2.

By Senators Edenfield of the 4th, Blitch of the 5th, Kennedy of the 47th, and others:
A Bill to amend an Act creating the State Highway Board, approved February 2, 1950 (Ga. Laws 1950, p. 62), as amended by an Act approved February 5, 1951 (Ga. Laws 1951, p. 31), so as to expressly authorize the State Highway Board to execute lease contracts for the use of projects as provided by the "State Bridge Building Authority Act"; to repeal conflicting laws, and for other purposes.

SB 3.

By Senators Edenfield of the 4th, Blitch of the 5th, Kennedy of the 47th, and others:
A Bill creating the State Bridge Building Authority to confer powers and impose duties on the authority; to provide for the appointment of members of the authority, and for other purposes.

SB 11. By Senator Cates of the 17th:
A Bill to provide the compensation for the Ordinary of Burke County, in addition to fees for which he now receives; to repeal conflicting laws, and for other purposes.

SB 12. By Senator Jordan of the 25th District:
A Bill to amend Section 26-2609 of the Code of Georgia of 1933, relating to the punishment for cattle stealing, so as to increase said punishment; to repeal conflicting laws, and for other purposes.

JOURNAL OF THE HOUSE,

SB 13. By Senator Jordan of the 25th District:
A Bill to amend Section 26-2611 of the Code of Georgia of 1933 relating to the punishment for hog stealing and chicken stealing, so as to prescribe that said penalty under said section shall be for a certain period of time; to repeal conflicting laws, and for other purposes.

SB 14. By Senator Risner of the 30th:
A Bill to increase the salary of the Tax Commissioner of Hart County from $3600 to $4800 per annum, and for other purposes.

SB 15. By Senator J. F. Browning of the 2nd:
A Bill creating the City Court of Hinesville, approved August 9, 1916 (Ga. Laws 1916, p. 232), as amended by an act approved August 16, 1920 (Ga. Laws 1920, p. 334), and as amended by an act approved February 16,1943, (Ga. Laws 1943, p. 753), as amended by an act approved on February 7, 1950 (Ga. Laws 1950, p. 2052), by increasing the compensation of the Judge of said City Court to Three Thousand dollars per annum, and for other purposes.

SB 22. By Senator Jordan of the 25th:
A Bill to change the compensation of the members of the Board of Talbot County; to provide for an effective date; to repeal conflicting laws, and for other purposes.

SR 8.

By Senator Jordan of the 25th District:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Talbot County, without cost to said county, certain laws books, 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 53. Do Pass.
HB 54. Do Pass. HB 55. Do Pass.
HB 56. Do Pass. HB 57. Do Pass.
Respectfully submitted, Tarbutton of Washington, Chairman.

THURSDAY, JANUARY 22, 1953

153

Mr. Hollis of Muscogee 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 . .59. Do Pass..

HB 26. Do Pass.

HB 93. Do Pass.

'!r. HB 1()0.. Do Pass.

u:a... -~ .; .. BB

..
Do Pass.

HB 155. Do Pass.

HB 202. Do Pass.

Respectfully ~~bmitted,

. l !.: :.; '. ~ :.

Hollis of Muscogee,

Chairman.

. .. ' .

. l~

Mr. Williams of Bulloch County, Chairman of the Committee ori Hygiebe and Sanitation, submitted the following report:

J'4.J:. Speaker::

. .Your' Coio.ln.ittee 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 44. Do Pass.

HB 64. Do Pass.

HB 135. Do Pass, as amended:
:.:
Respectfully submitted, Williams .of Bulloch,

Chairman.

Mr. Hoke Smith of Fulton 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.

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HB 173. Do Pass. HB 203. Do Pass.

Respectfully submitted, Hoke Smith 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 5. Do Pass.
Respectfully submitted,
Greer of Lanier,
Chairman.

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

Mr. Speaker: Your Committee on State of Republic has had under consideration the follow-
ing 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 162. Do Pass. HR 38. Do Pass, as amended.
Respectfully submitted,
McCracken of Jefferson, Chairman.

Mr. Jordan of Wheeler 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 48. Do Pass.
Respectfully submitted, Jordan of Wheeler, Chairman.

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155

. Representative-elect Brazeal of Terrell came forward to the bar of the House and was administered the oath of office by Honorable Charles W. Worrill, Judge, Georgia Court of Appeals.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Judiciary and recommitted to the Committee on General Agriculture No. 1 :

HB 161. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act known as the Electric Membership Corporations Act, and for other purposes.

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

HB 5.

By Mr. Greer of Lanier:
A Bill to be entitled an Act to. amend an Act so as to provide for the reimbursement to County or District Welfare Departments of expenses incurred in matters of adoption, and for other purposes.

HB 26. By Messrs. Murphy of Haralson and Smith of Cobb:
A Bill to be entitled an Act to amend Section 24-2914 of the Code of Georgia so as to provide for the payment of an expense allowance to an attorney acting ns a solicitor, and for other purposes.

HB 44. By Messrs. Lavender of Elbert, Wiggins of Stephens, and others:
A Bill to be entitled an Act to amend Section 84-1105 of the Code of Georgia for the purpose of establishing qualifications of applicants for registration to practice Optometry, and for other purposes.

HB 48. By Messrs. Perkins of Carroll, Deen of Bacon, and others:
A Bill to be entitled an Act to amend an Act so as to provide for the class of veterans eligible to have their discharge certificates recorded free, and for other purposes.

HB 53. By Messrs. Stephens and Matthews of Clarke.
A Bill to be entitled an Act to provide for the conversion of National Banking Associations into State Banks, and for other purposes.

HB 54. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide for the conversion of certain trust companies into state banking corporations, and for other purposes.

HB 55. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide for the retention of bank records, and for other purposes.

HB 56. By Messrs. Stephens and Matthews of Clarke:

JOURNAL OF THE HOUSE,
A Bill to be entitled an Act to provide that deposits af funds at interest in a bank or trust company shall be legal investments for fiduciaries, and for other purposes.
HB 57. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to amend Title 13 of the Code of Georgia of 1933, relating to the conversion of National Banks into State Banks, and for other purposes.
HB 59. By Mr. Rowland of Johnson: A Bill to be entitled an Act to provide for the exemption of certain professions from certain municipal and county taxes, and for other purposes.
HB 64. By Mr. Conger of Decatur: A Bill to be entitled an Act to allow an incorporated municipality to act as trustee of donated cemetery funds, and for other purposes.
HB 93. By Messrs. Connell and Register of Lowndes: A Bill to be entitled an Act to expedite the administration of estates in the State of Georgia, and for other purposes.
HB 100. By Messrs. Murphy of Haralson, Fowler of Douglas, and others: A Bill to be entitled an Act to amend an Act so as to change the number of years required to be served as solicitor-general for pension purposes, and for other purposes.
HB 113. By Messrs. Connell and Register of Lowndes: A Bill to be entitled an Act to amend an Act so as to eliminate the necessity of advertising notices of corporate dissolutions, and for other purposes.
HB 135. By Messrs. Murr of Sumter, Hand of Mitchell, and others: A Bill to be entitled an Act to repeal Section 84-1016 of the Code of Georgia so as to provide for the licensing of practical nurses, and for other purposes.
HB 155. By Messrs. Lokey of Fulton, Hollis of Muscogee, and others: A Bill to be entitled an Act to amend Section 85-707 of the Code of Georgia so as to exempt from the rule against perpetuities certain trusts, and for other purposes.
HB 162. By Messrs. Twitty of Mitchell and Key of Jasper:
A Bill to be entitled an Act to authorize executors to execute a lease of real property under certain conditions, and for other purposes.
HB 173. By Messrs. Haar, Sipple, and McGee of Chatham:

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157

A . Bill. to be entitled an Act to amend an Act so as to change the salary of the Judge of the City Court of Savannah, and for other purposes.

HB 199. By Messrs. Harris, McKenna, and Groover of Bibb:
A Bill to be e~titled an Act to amend l1ll Act so as to ratify the closing of that portion of Ash Street between Elbert or Fifth Street and Hammond Street by the City of Macon, and for other purposes.

liB 202. By Messrs. Twitty of Mitchell; Nightingale of Glynn, and others:
A Bill to be entitled an .Act to provide that a prima facie case shall be made out in actions respecting title to land without the necessity of proving title to the original grant from the State, and for other .purposes.

HB .203. By Messrs. Harris, McKenna, and Groover of Bibb:
A Bill to be entitled an Act to ratify the action of the City of Macon in authorizing John B. Lamar to close an alley, and for other purposes.

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

HB 33. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to amend an Act so as to place the Tax Commissioner of Lamar County 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 38. By Mr.. Stewart of Echols:
A Bill to be entitled an Act to provide that purchases made by the County Board of Education of Echols County shall be done by public bidding, and for other purposes.
The following amendment to HB 38 was read and adopted:
Mr. Stewart of Echols moves to amend HB 38 by striking from the caption "90 day period or longer", and inserting in lieu thereof "30'' day period"; by striking in Section 1 "10 days" and inserting in lieu thereof "5 days"; and strik ing in Section 2 of said bill "90 day period or longer"; and inserting in lieu thereof "30 day period".
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 104, nays 0.

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The bill, having received the requisite constitutional majority, was passed, as amended.

HB 78. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an A~ so as to provide for the increase in the maximum fine imposed in the police court of the City of Waycross, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 79. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the members of the city commission of the City of Waycross, and for other purpost>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 aye were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 80. By Messrs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act to provide that the CouRty of Muscogee shall 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 81. By Messrs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act to prescribe the duties and salary of the official court reporter for 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 82. By Messrs. Hollis, Pickard, and Young of Muscogee: A Bill to be entitled an Act to aiMnd an Act so as to increase the

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159

salary of each member of the Board of Commissioners of Roads, and Revenues of Muscogee County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 83. By Messrs. Hollis, Pickard, and Young of Muscogee: A Bill to be entitled an Act to amend an Act so as to provide for the election of two additional members to the Board of Commissioners of Roads and Revenues of Muscogee County, and for other purposes.
The report of the CQmmittee, 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 84. By Messrs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act to amend an Act so as to provide for reducing the number of members required to constitute a quorum for the transaction of business by the County Board o:( Health of Muscogee County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill. was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 87. By Mr. Stewart of Echols:
A Bill to be entitled an Act to amend an Act so as to consolidate the laws creating the Commissioners of Roads and Revenues of Echols County, and for other purposes.
The following Committee substitute to HB 87 was read and adopted:
AN ACT
To amend, revise, supersede and consolidate the laws creating and governing the Commissioners of Roads and Revenues of Echols County as found in an Act entitled "An Act to establish a Board of Commissioners of Roads and Revenues for the County of Echols, to define their duties, and for other purposes.", approved December 9, 1893 (Ga. Laws 1893, p. 360), as amended, particularly as amended by an Act approved March 10, 1933 (Ga. Laws 1933, p. 529), and by an Act approved March 15, 1935 (Ga. Laws 1935, p. 646), and by Acts approved March 30, 1937, and March 24, 1937 (Ga. Laws 1937, pp. 1320 through 1322), and by an Act approved Ft-bruary 22, 19~ (Ga. Laws 1943, p. 956), and by Acts

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approved February 2, 1945 (Ga. Laws 1945, p. 55 and p. 551), and by an Act approved February 27, 1947 (Ga. Laws 1947, p. 227), and by an Act approved February 15, 1950 (Ga. Laws 1950, p. 2490), and by an Act approved February 12, 1951 (Ga. Laws 1951, p. 2341), and all other Acts amendatory thereto; to provide for a Board of Commissioners of Roads and Revenues; to provide for the elections, qualifications, powers, duties, responsibilities and compensation of said commissioners and their employees; to provide for the appointment of certain employees; to provide for bonds and oaths of office; to provide for time of meetings; to provide for road districts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERA.L ASSEMBLY OF GEO~ GIA AS FOLLOWS:

SECTION 1.
An Act entitled "An Act to establish a Board of Commissioners of Roads and Revenues for the County of Echols, to define their duties, and for other purposes.", approved December 9, 1893 (Ga. Laws 1893, p. 360), as amended, particularly as amended by an Act approved March 10, 1933 (Ga. Laws 1933, p. 529), and by an Act approved March 15, 1935 (Ga. Laws 1935, p. 646), and by Acts approved March 30, 1937 and March 24, 1937 (Ga. Laws 1937, pp. 1320 through 1322), and by an Act approved February 22, 1943 (Ga. Laws 1943, p. 956), and by Acts approved February 2, 1945 (Ga. Laws 1945, p'. 545 and p. 551), and by an Act approved February 27, 1947 (Ga. Laws 1947, p. 227), and by Act approved February 15, 1950, (Ga. Laws 1950, p. 2490), and by an Act approved February 12, 1951 (Ga. Laws 1951, p. 2341), and all other Acts amendatory thereto, is hereby amended, revised, superseded and consolidated as herein set out in the following sections.

SECTION 2.
From and after the passage of this Ac1; and its approval by the Governor there shall be established in the County of Echols, State of Georgia, a Board of Commissioners of Roads and Revenues to consist of three persons to be elected by the voters of Echols County and commissioned by the Governor. Each road district as herein set out shall be represented on said Board of Commissioners. Each of said members of the Board of Commissioners shall be a resident of the road district represented by him, and shall be responsible to the board for all matters affecting his road district of which the board has jurisdiction, either in general law or in this Act. Said commissioners shall hold office for terms of two years from January 1, 1953, and until their respective successors have been elected and qualified. Thereafter the election of said commissioners shall be at the regular time of holding elections for members of the Legislature. The terms of office of said commissioners shall be for two years and until their respective successors have been elected and qualified. They shall be nominated and elected each by the voters of the entire county, the candidate in the road district receiving the plurality of votes in the county shall be declared elected.

SECTION 3.
Before entering upon the duties of the office each of said commissioners shall give bond of Five Thousand Dollars ($5,000.00), payable

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161

to the Governor, constituting an obligation of each of said commissioners, conditioned upon the faithful performance of their duties as required by law, the same as other county officers, which bond shall be executed by some bonding company authorized to do business in Georgia. The ordinary of said county shall administer the oaths of office to said commissioners, but shall not administer the oaths of office nor deliver the commissions to any of said commissioners until said bond has been executed and filed with the ordinary as other bonds of county officers. The premium. on said bonds shall be paid out of the funds belonging to the county.

SECTION 4.
Said Board of Commissioners shall have exclusive jurisdiction, when sitting for county purposes, in governing and controlling all county property in accordance with law; to levy taxes, licenses, and other levies, except those specially delegated to other officers by law; to establish, alter and abolish all county roads, bridges; to examine, allow and settle all claims against the county; to cause to be examined and audited the accounts of all the officers of the county not otherwise provided by law; to receive and pay out all fines and forfeitures, and to require, under penalty of having their office declared vacated, a complete and regular accounting of all funds coming into the hands of the Sheriff, Clerk of the Superior Court, the County Court, Judge and Clerk, and other officers or persons receiving public funds and forfeitures, and all other funds belonging to the county, or funds in which the county has an interest, except school funds, at such time or times as they shall deem needful; and shall have authority to make all rules and regulations needful and necessary in carrying out all their duties.

SECTION 5.
Said Commissioners shall pay themselves a monthly stated amount, which shall not exceed the sum of fifty dollars ($50.00) per month to each, and which shall be in lieu of all salary or other compensation for their respective services. They shall pay to themselves their actual expenses incurred in performing their duties that require their presence outside the County of Echols, but not otherwise.

SECTION 6.
Said Commissioners shall meet on the first Monday of each month, and at such other times as they shall, by majority vote, designate, or when called by the Chairman. They shall elect from among their number a Chairman, and a Vice-Chairman, who shall have such power and authority, in accordance with this Act, as they shall by majority vote designate.
SECTION 7.
Said Commissioners shall elect a Clerk biannually, who shall be paid Fifty Dollars ($50.00) per month. Such Clerk shall keep all the minutes and other records of said commissioners, and shall record in the minutes all action taken by said commissioners. Matters not entered in said minutes shall not be binding on said commissioners nor on other persons. Said Clerk shall be a resident of Echols County for more than two years prior to his election.

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SECTION 8.
Said Commissioners may, on the first of each year, elect a County Attorney, whose duty it shall be to counsel with said commissioners on all legal matters. County officers of Echols County, who are Attorneys at Law, shall be eligible to hold the office of County Attorney and the Commissioners of Roads and Revenues are hereby authorized to name one of such County officers as County Attorney. He shall be paid a monthly sum for his service an amount agreed upon by said commissioners but which shall not be more than Fifty Dollars ($50.00) per month. Before any person can serve as County Attorney, such person must be a resident of Echols County and have been licensed and have practiced law for five years.

SECTION 9.
Said Commissioners shall appoint a Superintendent of County Roads each year for Echols County. Before any person can serve as Superintendent of County Roads, such person must be an experienced road builder, but need not be an engineer, who has served as foreman of any road building or repair project for three years or more, and shall be a resident of Echols County and not over fity years of age. The superintendent so appointed shall have such duties as given by the commissioners. However, the commissioners alone shall have the power to hire persons working under said Superintendent of County Roads.

SECTION 10.
Said Commissioners shall maintain a county depository in which all money receipts shall be deposited, and from which all withdrawals shall be made by numbered checks. The clerk shall keep a complete and accurate record of all county funds in such manner as said commissioners shall provide, and which shall be simple and easy to understand and keep, but full and complete. No withdrawals from said depository shall be made unless by check approved by a majority of said commissioners, and signed by their chairman and clerk, in their presence, and entered in their minutes.

SECTION 11.
The present Commissioners of said county shall serve until the expiration of the terms for which elected, and until their successors are elected and qualified.

SECTION 12.
All the books and records of said commissioners shall be open to inspection by the grand jury and the public at large at all reasonable times. Itemized statements of all receipts and disbursements each month shall be posted in a prominent place in the courthouse not later than the tenth of the following month, and shall be in lieu of all publications thereof by other means.

SECTION 13.
The County of Echols is hereby divided into three road districts for the purpose of the election and tenure of members of the Board

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163

of Commissioner of Roads and Revenues of Echols County as in this Act provided, said districts designated and described as follows:
(a) The Statenville-Mayday road district shall consist of the 1058th Militia District of said County and that part of the 1306th Militia District of said county lying to the west of a north and south line constituting the eastern boundary of Lot 4 in the 12th land district of said County, extending north to the northern boundary of Echols County and south to the southern boundary of said militia district.
(b) The Enterprise-Haylow road district shall consist of the 719th Militia District of said County and that part of the 1306th Militia District of said County lying to the east of a north and south line constituting the eastern boundary of Lot 4 in the 12th land district of said County, extending north to the northern boundary of Echols County and south to the southern boundary of said militia district.
(c) The Rowell-Chappel road district shall consist of the 904th and 1211th Militia Districts of said County.

SECTION 14.
Every candidate for the office of member of said Board of Com" missioners shall designate, at the time of his qualification as such candidate, which of the three districts hereinabove specified he seeks to represent on the said board; and no person shall hereafter be eligible for election as a member of the Board of Commissioners of Roads and Revenues of Echols County unless, at the time of his election to such office (In addition to having such other qualifications as may now or hereafter be imposed by law) he is a bona fide resident and qualified voter of the road district which he seeks to represent in accordance with the terms of this Act. No person shall be deemed to be qualified to hold said office unless he is a bona fide resident of the road district from which he seeks to be a candidate and who has also been a bona fide resident of said district for a period of six months prior to the election.

SECTION 15.
All laws and parts of laws in conflict with this Act are hereby repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that it is my intention to introduce at the 1953 Session of the General Assembly of Georgia a local bill amending an Act approved December 9, 1893 (Ga. Laws 1893, p. 360), which created the Commissioners of Roads and Revenues of Echols County, and amending and consolidating all Acts amendatory and supplementary thereto; to provide for the election and qualification of Commissioners of Roads and Revenues; to provide for militia districts; to provide for road districts; to provide for the appointment and qualification of the County Attorney; and for other purposes.
This 6th day of December, 1952.
CHARLES E. STEWART,
Representative, Echols County.

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GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles E. Stewart, who, on oath, deposes and says that he is Representative from Echols County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times, which is the official organ of Echols County, on the following dates: December 6, 1952, December 20, 1952, and January 1, 1953.
/s/ Chas. E. Stewart
Respresentative, Echols County

Sworn to and subscribed before me this 14 day of January.
/s/ MARY J. DOSTER
Notary Public, Baldwin County, Georgia

The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 112, nays 0.
The bill, having received the requisite constitutional nmjority, was passed, by substitute.

HB 88. By Messrs. Britton and Whitener of Whitfield:
A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Whitfield County and to substitute therefor the office of Tax Commissioner of Whitfield 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 89. By Messrs. Britton and Whitener of Whitfield:
A Bill to be entitled an Act to amend an Act so as to provide for the qualifications of the Commissioner of Roads and Revenues of Whitfield 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 90. By Messrs. Britton and Whitener of Whitfield:
A Bill to be entitled an Act to establish the City Court of Dalton, and for other purposes.

THURSDAY, JANUARY 22, 1953

165

The report of the Committee, which was favorable to the passage- of the biU, 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 91. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to amend an Act so as to authorize the Town of Baldwin to sell and distribute water without its 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 117. By Mr. Murphy of Crawford:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the clerk of the Board of Commissioners of Roads and Revenues of Crawford 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.

HB 118. By Mr. Jackson of Jones:
A Bill to be entitled an Act to provide for the disposition of fines involved in traffic cases in the Court of the Ordinary 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 119. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to amend an Act so as to provide for the election of a city manager for the City 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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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HB 120. By Messrs. Gardner and Watson of Dougherty:
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 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 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 121. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act so as to provide for a two year term of office for the Mayor of the City 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 121, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 122. By Mr. Hodges of Butts:
A Bill to be entitled an Act to amend an Act so as to provide that a majority of the Board of Commissioners of Roads and Revenues for Butts County shall constitute a quorum, and for other purposes.
The report 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 124. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act so as to provide for certain procedure relating to the registration of voters in the City of Lakeland, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 139. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to amend an Act so as to authorize the placing of employees of the City of Fitzgerald under the benefits of social security laws, and for other purposes.

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167

The report 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 143. By Mr. Ray of Warren:
A Bill to be entitled an Act to provide a term of two years for each member of the Council of the City of Warrenton, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority was passed.

HB 144. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of Warrenton, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority was passed.

HB 145. By Mr. Ray of Warren:
A Bill to be entitled an Act to provide for pensions for certain police officers of the City of Warrenton, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 146. By Mr. Ray of Warren:
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 Warren County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 148. By Messrs. Hicks, Hall, and Scoggin of Floyd: A Bill to be entitled an Act to amend an Act creating a Board of Com-

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missioners of Roads and Revenues in the County of Floyd, and for other purposes.
The report 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 149. By Messrs. Hicks, Hall, and Socggin of Floyd:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Board of Roads and Revenues 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 110, nays 0.
The bill, having received the requisite constitutional majority was passed.

HB 158. By Mr. Cowart of Stewart:
A Bill to be entitled an Act to amend an Act so as to change the date of the election of Mayor and Council of the City of Richland, and for other purposes.
The report 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 nmjority, was passed.

HB 165. By Mr. Turk of Wilcox:
A Bill to be entitled an Act to create a new charter for the City of Abbeville, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, 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 2. By Senators Edenfield of the 4th, Blitch of the 5th, Kennedy of the 47th and others:
A Bill to be entitled an Act to amend an Act so as to expressly authorize the State Highway Board to execute lease contracts for the use of projects as provided by the State Bridge Building Authority Act, and for other purposes.
Referred to the Committee on State of Republic.

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169

SB 3. By Senators Edenfield of the 4th, Blitch of the 5th, Kennedy of the 47th and others:
A Bill to be entitled an Act creating the State Bridge Building Authority to confer powers and impose duties on the Authority, and for other purposes.
Referred to the Committee on State of Republic.

SR 8. By Senator Jordan of the 25th:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Talbot County, without cost to said county, certain law books, and for other purposes.
Referred to the Committee on Public Library.

SB 11. By Senator Cates of the 17th:
A Bill to be entitled an Act to provide the compensation for the Ordinary of Burke County, in addition to fees for which he now receives, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 12. By Senator Jordan of the 25th:
A Bill to be entitled an Act to amend an Act relating to the punishment for cattle stealing, so as to increase said punishment, and for other purposes.
Referred to the Committee on General Judiciary # 1.

SB 13. By Senator Jordan of the 25th:
A Bill to be entitled an Act to amend an Act relating to the punishment .for hog stealing or chicken stealing, etc., and for other purposes.
Referred to the Committee on General Judiciary # 2.

SB 14. By Senator Risner of the 30th:
A Bill to be entitled an Act to increase the salary of the Tax Commissioner of Hart County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 15. By Senator Browning of the 2nd:
A Bill to be entitled an Act creating the City Court of Hinesville, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 22. By Senator Jordan of the 25th:
A Bill to be entitled an Act to change the compensation of the members of the Board of Talbot County, and for other purposes.
Referred to the Committee on Counties and County Matters.

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Mr. Dews of Calhoun moved that the House reconsider its action in failin~ to pass the following Bill of the House:

HB 20. By Mr. Dews of Calhoun:
A Bill to be entitled an Act to amend Section 81-301 of the Code of Georgia of 1933 so as to provide for dismissing demurrers when the moving party fails to provide the opposite party with copies thereof, and for other purposes.
The motion to reconsider prevailed, and HB 20 was placed at the foot of the Calendar.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 15. By Messrs. King of Chattahoochee, Smith of Emanuel, and others: A Bill to be entitled an Act to empower the Department of Mines,
Mining, and Geology to prospect for water supplies, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, WAS agreed to.
On the passage of the bill, the ayes were 103, nays 2.
The bill, having received the requisite constitutional majority, was passed.

HB 95. By Messrs. Gardner and Watson of Dougherty: A Bill to be entitled an Act to amend an Act so as to authorize the establishment and maintenance of recreation systems 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 115, nays 6.
The bill, having received the requisite constitutional majority, was passed.

HB 125. By Messrs. Campbell of Oconee and Fowler of Douglas:
A Bill to be entitled an Act to amend an Act so as to classify eggs for marketing 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 3.
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:

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171

dB 71. By Mes.srs. Ray of Warren, Greer of Lanier, and others:
A Bill to be entitled an Act to create the positions of Associate Public Service Commissioners, and for other purposes.

By unanimous consent, further consideration of HB 71 was postponed until Wednesday, January 28, 1953, immediately following the period of unanimous consents.

Under the regular order of business, the following Bills of the House w'e!re taken up for consideration, and read the third time:

HB 134. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act so as to provide expanded telephone service outside of rural areas, and for other purposes.

By unanimous consent, further consideration of HB 134 was postponed until Tuesday, January 27, 1953, immediately following the period of unanimous consents.

HB 160. By Messrs. Stephens of Clarke, Ray of Warren, and others:
A Bill to be entitled an Act to amend Section 78-204 of the Code of Georgia so as to authorize the payment of pensions to all widows of Confederate soldiers, and for other purposes.

The report 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.

Under the regular order of business, the following Bill of the House was again taken up for consideration:

HB 20. By Mr. Dews of Calhoun:
A Bill to be entitled an Act to amend Section 81-301 of the Code of Georgia of 1933 so as to provide for dismissing demurrers when the moving party fails to provide the opposite party with copies thereof, and for other purposes.

The following amendment to HB 20 was read and adopted:
Mr. Dews of Calhoun moved to amend HB 20 as follows:
In the caption, by striking the words "dismissing demurrers, pleas, or cross-actions" and inserting in lieu thereof the words "continuation of case on trial."
Further to amend Section 1, paragraph 2, by striking the words "dismiss the said demurrer, plea or cross-action upon motion made by the opposite party" and inserting in lieu thereof the following: "continue the entire proceedings to the next term of court upon motion made by

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the injured party.", so that said section when so amended shall read a,s follows:
"A defendant may either demur, plead or answer to the petition, or may file one or more or all of these defenses at once without waiving the benefit of either; or he may file two or more pleas to the same action. All demurrers and pleas of the defendant shall be filed in or before the time stated in the process as the appearance day. All demurrers of the plaintiff to the defendant's answer or other pleas shall be filed within 15 days after such defensive pleadings are filed. All demurrers, pleas, and cross-actions of the defendant and all demurrers of the plaintiff to the defendant's answer or other pleas shall, prior to filing, be served upon the opposite party or his attorney. Service may be shown by written acknowledgement, or by the certificate of counsel, or by the affidavit of the person who delivered or mailed the pleadings, showing that service has been made as above described. Provided, that if the party filing the demurrer, plea, or cross-action fails to serve the opposite party as provided in this section, the judge shall continue the entire proceedings to the next term of court upon motion made by the injured party."

An amendment offered by Mr. Freeman of Monroe was ruled out of order.

The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 114, nays 2.
The bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was taken up for consideration and read:

HR 38. By Mr. Campbell of Oconee:
A Resolution providing for the adjournment of the General Assembly of Georgia, and for other purposes.
An amendment offered by the Committee was withdrawn by unanimous consent.

The following amendment to HR 38 was read and adopted:
Mr. Twitty of Mitchell moves to amend HR 38 as follows: by striking the words "Friday, February 20", and inserting in lieu thereof "Wednesday, February 25"; and by striking the words "Monday, Jan. 11, 1954" and inserting in lieu thereof "November 16, 1953".
A substitute for HR 38, offered by Mr. Bentley of Cobb, was lost. 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 135, nays 4. The resolution, having received the requisite constitutional majority, was adopted, as amended.

The following Resolution of the House was read and adopted:

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173

HR 56. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and others:

A RESOLUTION
WHEREAS, the Members of the General Assembly were royally entertained last evening by the Mayor and General Council of the City of Atlanta, and
WHEREAS, a most enjoyable time was had by each member, and
WHEREAS, a spirit of friendliness prevailed that will have farreaching effect upon the relationship between the Members of th General Assembly and the people of Atlanta, and
WHEREAS, the Members of the House of Representatives desire to express their sincere appreciation for this gesture on the part of the officials of the Capital City of Georgia,
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that the sincere thanks and appreciation of this body be extended to Mayor William B. Hartsfield and to the Members of the General Council of the City of Atlanta, and
BE IT FURTHER RESOLVED, that a copy of this Resolution be spread on the minutes of the House and a copy be sent to the Honorable William B. Hartsfield.

Mr. Clary of McDuffie was granted a leave of absence for Monday, January 26, 1953, to attend to important business.

Mr. Ray of Warren moved that the House do now adjourn until10:00 o'clock, A. M., Monday, January 26, 1953, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, A. M., Monday, January 26, 1953.

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Representative Hall, Atlanta, Georgia. Monday, January 26, 1953.

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

Prayer was offered by Reverend DeWitt Shippey, Pastor, Quitman Methodist Church, Quitman, Georgia.
By unanimous consent, the call of the roll was dispensed with.

Mr. Garrard of Wilkes, 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. Reports 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 of the House were introduced, read the first time and referred to the Committees:

HB 244. By Mr. Jordan of Gwinnett:
A Bill to be entitled an Act to provide that no court, Judge of any Court, or person having authority to exercise any Judicial function in this State shall have authority to require any person to submit to a physical examination of his or her person, except upon the conditions prescribed in this Act, etc., and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 245. By Messrs. Williams of Bulloch and Lanier of Candler:
A Bill to be entitled an Act to repeal in its entirety the Rabies Control Act of 1945; to enact in lieu thereof a new comprehensive Rabies Control Act requiring the inoculation of dogs against rabies, and for other purposes.

MONDAY, JANUARY 26, 1953

175

Referred to the Committee on Game and Fish.

HB 246. By Mr. Bell of Richmond:
A Bill to be entitled an Act to provide for a local option referendum for the State and distribution of malt beverages in every county in the State, and for other purposes.
Referred to the Committee on Temperance.

HB 247. By Messrs. Dews of Calhoun, Matthews of Clarke, Rowland of Johnson, Freeman of Monroe, Murphy of Haralson and Bodenhamer of Tift:
A Bill to be entitled an Act to provide for the creation, Membership, and compensation of a State Literature Commission, and for other purposes.
Referred to the Committee on General Judiciary ;#:1.

HB 248. By Messrs. Hicks of Floyd and Hollis of Muscogee:
A Bill to be entitled an Act to be known as "The Uniform Administrative Procedure Act; to prescribe procedure to be followed by agencies of the State of Georgia in the adoption, amendment, and reconsideration of rules promulgated by such agencies pursuant to the laws of the State, and for other purposes.
Referred to the Committee on General Judiciary ;#: 1.

HB 249. By Messrs. Garrard of Wilkes, Gillis of Treutlen, Adams of Evans, Jordan of Wheeler, Hopkins of Charlton, Buie of Camden and Holton of Coffee and others:
A Bill to be entitled an Act to amend an Act entitled the "Rural Telephone Cooperative Act", and for other purposes.
Referred to the Committee on Public Utilities.

HB 250. By Mr. Cowart of Stewart:
A Bill to be entitled an Act to amend an Act relating to the power of the County Board of Education to consolidate schools, so as to provide for an election by the people in the affected attendance areas before any consolidatio!l shall become effective, and for other purposes.
Referred to the Committee on Education ;#: 1.

HB 251. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to persons permitted to play billiards, so as to change the class of persons, and for other purposes.
Referred to the Committee on State of Republic.

HB 252. By Messrs. Hamilton of Appling, Frier of Ware and Deen of Bacon: A Bill to be entitled an Act to establish a standard or legal rule by

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which the number of board feet in logs or trees shall be estimated, and for other purposes.
Referred to the Committee on Conservation.

HB 253. By Messrs. Lovett of Laurens, Deen of Bacon and Gilder of Laurens:
A Bill to be entitled an Act to provide that the members of county boards of Education shall be selected by the last grand jury immediately preceding the expiration of the term of the member that the member to be selected will replace, and for other purposes.
Referred to the Committee on Education # 1.

HB 254. By Messrs. Nightingale of Glynn, Lifsey of Lamar, Lovett of Laurens, Jessup of Bleckley and Turner of DeKalb:
A Bill to be entitled an Act to amend 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, as amended, and for other purposes.
Referred to the Committee on Pensions.

HB 255. By Messrs. Nightingale of Glynn, Lifsey of Lamar, Lovett of Laurens, Jessup of Bleckley and Turner of DeKalb:
A Bill to be entitled an Act to amend an Act relating to the filing of written demand as a prerequisite to the bringing of any suit at law or equity against any municipal corporation for injuries to person or property and the suspension of the running of the statute of limitations during the time that the demand for payment is pending, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HR 57-255a. By Messrs. Gunter and Terrell of Hall:
A Resolution compensating the White Music Company for damage caused to said Company's truck by a truck belonging to the Department of Corrections of the State of Georgia, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 58-255b. By Mr. Lovett of Laurens:
A Resolution authorizing the State Board of Education to sell all or any part of the property on which the colored school for the blind is located in Bibb County, and for other purposes.
Referred to the Committee on Education # 2.

HR 59-255c. By Messrs. Strickland of Brantley, Deen of Bacon, and Strickland of Brantley:
A Resolution authorizing the payment of $238.89 to B. T. Raulerson of Hortense, Georgia, as compensation for expense incurred by him as a

MONDAY, JANUARY 26, 1953

177

result of an accident on State Route No. 32 with a State Highway Department truck, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 60-255d. By Messrs. Strickland of Brantley, and Deen of Bacon:
A Resolution to compensate Mr. Albert Thomas for damages to his truck which was caused by an employee of the State Highway Department banking dirt on right side of highway so that cars could not pass each other going in opposite directions, and for other purposes.
Referred to the Committee on Special Appropriations.

HB 256. By Messrs. Jordan and White of Gwinnett:
A Bill to be entitled an Act to create a new charter for the City of Norcross, and for other purposes.
Referred to the Committee on Municipal Government.

HB 257. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta incorporated as the City Council of Augusta, and for other purposes.
Referred to the Committee on Municipal Government.

HB 258. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to vest title in the City of Macon, its successors and assigns, to certain portions of New, Spring, Hemlock and First Streets, etc., and for other purposes.
Referred to the Committee on Municipal Government.

HB 259. By Mr. Cummings of Seminole: A Bill to be entitled an Act to amend an Act entitled "An Act to consolidate the offices of Tax Receiver and Tax Collector of Seminole County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 260. By Messrs. McGee and Haar of Chatham: A Bill to be entitled an Act to amend the Charter of the City of Savannah relating to the creation of a civil service Board, and for other purposes.
Referred to the Committee on Municipal Government.
HB 261. By Messrs. Bar-is and Groover 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 262. By Messrs. Groover, Harris and McKenna of Bibb:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to amend an Act entitled "An Act to establish a county Board of Commissioners for the County of Bibb, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 61-262a. By the Clerk's Office:
A Resolution to compensate Mrs. David Hugh Thomas for loss of her husband, David Hugh Thomas, as a result of injecting into his body 12 anti-rabic serum injections.
Referred to the Committee on Special Appropriations.

HR 62-262b. By the Clerk's Office:
A Resolution to compensate George W. LaFray the sum of $5,500.00 for damages, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 63-262c. By the Clerk's Office:
A Resolution to compensate Dr. E. H. Hutchins the sum of $7,500.00 in full and final settlement of medical and hospital expenses, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 64-262d. By the Clerk's Office:
A Resolution to compensate Mrs. C. B. Wilson $627.00 for injuries and damages due to accident, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 65-262e. By the Clerk's Office:
A Resolution to compensate Mr. Jarvis Johnson for damages to his automobile in collision with asphalt spreader of State Highway Department, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 66-262f. By the Clerk's Office:
A Resolution to compensate Rachael Kravtin the sum of $331.95 for damages due to accident, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 67-262g. By the Clerk's Office:
A Resolution to compensate Mrs. Julia C. Palmer of Spalding County for damages, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 68-262h. By the Clerk's Office:

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179

A Resolution to pay the sum of $5,400.00 as compensation for damages to William Melvin Kimbrell, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 69-262i. By the Clerk's Office:
A Resolution to compensate Mr. H. G. Sherrod for injuries to himselt 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.

HR 70-262j. By the Clerk's Office:
A Resolution to compensate 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.

HR 71-262k. By the Clerk's Office: A Resolution to compensate Mr. James Taylor $5,350.00 and Mr. Lamar Shiflett the sum of $1,250.00 for injuries received, and for other purposes.
Referred to the Committee on Special.Appropriations.
HR 72-2621. By the Clerk's Office: A Resolution to compensate Mr. Jack P. Black for damages to his automobile, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 73-262m. By the Clerk's Office: A Resolution to reimburse Vinson Lane for monies expended by him to pay for repairs to damaged pickup truck, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 74-262n. By the Clerk's Office:
A Resolution to compensate Mrs. Laura M. Walker and H. E. Hartsfield for damages, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 75-262o. By the Clerk's Office:
A Resolution to compensate James W. Gurley for damages received at the Walker County Convict Camp, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 76-262p. By the Clerk's Office:

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JOURNAL OF THE HOUSE,

A Resolution to compensate Mrs. S. T. Willis and her children for injuries received in an automobile accident, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 77-262q. By the Clerk's Office:
A Resolution to compensate F. C. Sturner for damages to his automobile caused by negligence of an employee of the Georgia State Highway Department, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 78-262r. By the Clerk's Office:
A Resolution to compensate Bennie Sims for damages to his car, medical expenses, and funeral expenses for his son Larry Vemon Sims; for physical pain and suffering to Mrs. Jacque Lavon Sims, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 79-262s. By the Clerk's Office:
A Resolution to compensate J. E. Bostick in the amount of $4,956.49 to cover repairs to deep well at State Prison at Reidsville, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 80-262t. By the Clerk's Office:
A Resolution to compensate Millard Eugene Weaver, Clinton Brock, William Thomas, Harvey Bishop, Paul Payne and James Johnson for injuries, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 81-262u. By the Clerk's Office:
A Resolution to compensate Mrs. J. W. Low for damages occasioned by the negligence of the Georgia State Highway Department, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 82-262v. By the Clerk's Office:
A Resolution to compensate Mr. R. E. Lawson for damages to his automobile, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 83-262w. By the Clerk's Office:
A Resolution to authorize the State Board of Corrections to reimburse T. J. Wells for damages done to his automobile by two escaped convicts, and for other purposes.
Referred to the Committee on Special Appropriations.

MONDAY, JANUARY 26, 1953

181

HR 84-262x By the Clerk's Office:
A Resolution to reimburse Hon. T. J. Wells for damage to his automobile by two escaped State convicts, and for other purposes.
Referred to the Committee on Special Appropriations.

Mr. Willingham of Cobb County, Chairman of the Committee on General
Judiciary # 2, submitted the following report:

Mr. Speaker:
Your Com:mittee on General Judiciary # 2 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 45-220a. Do Pass. HB 70. Do Pass. HB 107. Do Pass, by substitute. HB 150. Do Pass. HB 156. Do Pass, by substitute. HB 126. Do Pass, as amended. HB 186. Do Pass. HB 200. Do Pass. HB 201. Do Pass. HB 239. Do Pass. SB 12. Do Pass, as amended. SB 13. Do Pass, as amended.
Respectfully submitted, Willingham of Cobb, Chairman.

Mr. Hoke Smith of Fulton 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 225.
HB 220. Do Pass. HB 218. Do Pass. HB 217. Do Pass.

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JOURNAL OF THE HOUSE,

HB 216. Do Pass. HB 215. Do Pass. HB 213. Do Pass. HB 141. Do Pass. HB 243. Do Pass.

Respectfully submitted, Hoke Smith of Fulton,

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 Senate to-wit:

SB 4.

By Senators Edenfield of the 4th, Kennedy of the 47th, Blitch of the 5th and Coker of the 39th:
An Act to provide for Georgia men and women in military service of the United States of America to participate in elections and primaries; to define terms; to proclaim purposes; to provide for registration; to provide for the issuance of ballots to those who are already registered; to amend and revise laws relating to the tinre of holding elections, primaries and conventions; to provide for the time of qualification of candidates; to provide for the furnishing, voting, return and counting of ballots; and for other purposes.

SB 25. By Senators Hawes of the 29th, Edenfield of the 16th and Dean of the 34th:
To be entitled an Act to provide for conversion of National Banking Associations into, and their merger of consolidation with State Banks; to provide further that the Laws of this State not be construed to require approval by any state authority as a condition to the conversion, etc; and for other purposes.

SB 26. By Senators Hawes of the 29th, Edenfield of the 16th and Dean of the 34th:
To amend Title 13 of the Code of Georgia of 1933, and particularly Chapter 13-13 thereof, relating to the conversion of National banks into State banks and of state banks into national banks, by repealing section 13-1305 through 13-1310; and for other purposes.

SB 27. By Senators Hawes of the 29th and Edenfield of the 16th and Dean of the 34th:
To provide that any corporation chartered by lhe Superior Courts having paid in capital stocks at least $100,000, and which is exercising the

MONDAY, JANUARY 26, 1953

183

privileges and powers granted by laws to trust companies, may convert for procedures in obtaining a state banking charter; and for other purposes.

SB 28. By Senators Hawes of the 29th, Edenfield of the 16th and Dean of the 34th:
To provide that deposits of funds of interest in a chartered state or national bank or trust company shall be legal investments for fiduciaries, and for certain other persons, organizations, associations and corporations, provided that the bank or trust company in which such deposits are made is insured in the Federal Deposit IM. Corp. in an amount sufficient to cover such deposits; and for other purposes.

SB 29. By Senators Hawes of the 29th, Edenfield of the 16th and Dean of the 34th:
To be entitled an Act to provide for the retention and disposition of bank records; to repeal conflicting laws; and for other purposes.

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

HB 70. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and Smith of Emanuel:
A Bill to be entitled an Act to amend Section 95-811 of the Code of Georgia so as to replace recommendation as to the operation or suspension of the Alternative Road Law by the Grand Jury with the resolution of the county governing authority, and for other purposes.

HB 107. By Messrs. Hicks of Floyd and Bentley of Cobb:
A Bill to be entitled an Act to amend Section 38-1604 of the Code of Georgia so as to provide that husband and wife may be competent to testify against each other in criminal proceedings, and for other purposes.

HB 126. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act so as to allow the printing and possessing of sample ballots, and for other purposes.

HB 141. By Mr. Ingle of Murray: A Bill to be entitled an Act to create an amended charter for the City of Chatsworth, and for other purposes.
HB 150. By Messrs. Bolton and Harper of Spalding and Murphy of Crawford: A Bill to be entitled an Act to amend Section 21-105 of the Code of Georgia so as to provide that coroners shall receive a fee of $25.00 for holding an inquest on a dead body, and for other purposes.
HB 156. By Messrs. Tarpley of Union and Dean of Towns: A Bill to be entitled an Act to fix the compensation of the reporter

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JOURNAL OF THE HOUSE,

of Supreme Court and the Court of Appeals, and for other purposes.

HB 186. By Messrs. Hoke Smith of Fulton, Twitty of Mitchell, and others:
A Bill to be entitled an Act to amend Sections 67-2001 and 67-2002 of the Code of Georgia so as to provide that liens shall be created in favor of registered architects who furnish plans and other architectural services, and for other purposes.
HB 200. By Mr. Harris of Bibb:
A Bill to be entitled an Act to amend Section 24-2715 of the Code of Georgia relating to the duty of the clerks of the superior courts to keep in their offices two subpoena dockets, and for other purposes.
HB 201. By Mr. Harris of Bibb:
A Bill to be entitled an Act to amend Section 38-1501 of the Code of Georgia relating to attendance of witnesses in court, and for other purposes.

HB 213. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act so as to provide that the city attorney of the Town of East Dublin shall also be the recorder, and for other purposes.

HB 2i5. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act so as to raise the salary of the judge and solicitor of the City Court of Dublin, and for other purposes.

HB 216. By Messrs. Lokey, H, Smith, and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide pension credit for service in the Armed Forces or the Coast Guard of members of the police department of certain cities, and for other purposes.

HB 217. By Messrs. Lokey, H. Smith, and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide pension credit for service in the Armed Forces or the Coast Guard of officers and employees, of certain cities, and for other purposes.

HB 218. By Messrs. Lokey, H. Smith, and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide pension credit for service in the Armed Forces or the Coast Guard of members of the fire department of certain cities, and for other purposes.

_HB 220. By Messrs. Lokey, H. Smith, and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to authorize certain cities to permit construction of overhead and underground passageways, and for other purposes.

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185

HB 225. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to amend an Act so as to provide that the marshal of the Town of Crawfordville shall become the superintendent of the waterworks, and for other purposes.

HB 239. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend Chapter 20-7 of the Code of Georgia by adding an additional rule for the construction and interpretation of contracts, and for other purposes.

HB 243. By Mr. Murphy of Haralson:
A Bill to be entitled an Act vesting in the City of Bremen authority to close Flint Street, and for other purposes.

HR 45-220a. By Messrs. Veal of Putnam, Adams of Upson, and others:
A Resolution providing for a standing committee of the House of Representatives to be appointed for the purpose of studying the Acts of the General Assembly adopted since the adoption of the Code of 1933, and for other purposes.

SB 12. By Senator Jordan of the 25th:
A Bill to be entitled an Act to amend Section 26-2609 of the Code of
Georgia so as to increase the punishment for cattle stealing, and for other purposes.

SB 13. By Senator Jordan of the 25th:
A Bill to be entitled an Act to a~nd Section 26-2611 of the Code of Georgia so as to prescribe that the penalty for hog stealing or chicken stealing shall be for a certain period of time, and for other purposes.

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

HB 173. By Messrs. Haar, Sipple, and McGee of Chatham: A Bill to be entitled an Act to amend an Act so as to change the salary 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 tiill, 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 199. By Messrs. Harris, McKenna, and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to ratify the closing of that portion of Ash Street between Elbert or Fifth Street and Hammond Street by the City of Macon, and for other purposes.

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The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 203. By Messrs. Harris, McKenna, and Groover of Bibb:
A Bill to be entitled an Act to ratify the action of the City of Macon in authorizing John B. Lamar to close an 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 105, 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 4. By Senators Edenfield of the 4th, Kennedy of the 47th, Blitch of the 5th and Coker of the 39th:
A Bill to be entitled an Act to provide for Georgia men and women in Military Service of the United States of America to participate in elections and primaries, and for other purposes.
Referred to the Committee on Veteran Affairs.

SB 25. By Senators Hawes of the 29th, Edenfield of the 16th and Dean of the 34th:
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.

SB 26. By Senators Hawes of the 29th, Edenfield of the 15th and Dean of the 34th:
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.

SB 27. By Senators Hawes of the 29th and Edenfield of the 16th and Dean of the 34th:
A Bill to be entitled an Act to provide that any corporation chartered by the Superior Courts having paid in capital stocks of at least $100,000, and which is exercising the privileges and powers granted by laws to trust companies, may concert for procedures in obtaining a state banking charter, and for other purposes.
Referred to the Committee on Banks and Banking.

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187

SB 28. By Senators Hawes of the 29th, Edenfield of the 16th and Dean of the 34th:
A Bill to be entitled an Act to provide that deposits of funds of interest in a chartered state or national bank or trust company shall be legal investments for fiduciaries, and for certain other persons, organizations, associations and corporations, provided that the bank or trust company in which such deposits are made is insured in the Federal Deposit Insurance Corp. in an amount sufficient to cover such deposits, and for other purposes.
Referred to the Committee on Banks and Banking.

SB 29. By Senators Hawes of the 29th, Edenfield of the 16th and Dean of the 34th:
A Bill to be entitled an Act to provide for the retention and disposition of bank records, and for other purposes.
Referred to the Committee on Banks and Banking.

Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 5.

By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act so as to provide for the reimbursement to County or District Welfare Departments of expenses incurred in matters of adoption, and for other purposes.

The report 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 26. By Messrs. Murphy of Haralson and Smith of Cobb:
A Bill to be entitled an Act to amend Section 24-2914 of the Code of Georgia so as to provide for the payment of an expense allowance to an attorney acting as a solicitor, and for other purposes.
By unanimous consent, HB 26 was tabled.

HB 44. By Messrs. Lavender of Elbert, Wiggins of Stephens, and others:
A Bill to be entitled an Act to amend Section 84-1105 of the Code of Georgia for the purpose of establishing qualifications of applicants for registration to practice Optometry, and for other purposes.

The report 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.

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HB 48. By Messrs. Perkins of Carroll, Dean of Bacon, and others:
A Bill to be entitled an Act to amend an Act so as to provide for the class of veterans eligible to have their discharge certificates recorded free, and for other purposes.

The following amendment to HB 48 was read and adopted:
Mr. Lokey of Fulton moves to amend HB 48 by striking from the proposed amendment to Section 1 of said Act all the language of the Section beginning in line 2 thereof following the word, "Wars" and substituting the language, "or the Korean Conflict a fee for recording their dis charge certificates" so that as amended Section 1 will then read:
"Section 1. All Clerks of the Superior Courts are hereby prohibited from charging veterans of the two World Wars or the Korean Conflict a fee for recording their discharge certificates."

The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

.HB 53. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide for the conversion of National Banking Associations into State Banks, and for other purposes.
By unanimous consent, HB 53 was tabled.

HB 54. By Messrs. Stephens and Matthews of Clarke.
A Bill to be entitled an Act to provide for the conversion of certain trust companies into state banking corporations, and for other purposes.
By unanimous consent, HB 54 was tabled.

HB 55. By Messrs. Stephens and Matthews of Clarke. A Bill to be entitled an Act to provide for the retention of bank records, and for other purposes.
By unanimous consent, HB 55 was tabled.

HB 56. By Messrs. Stephens and Matthews of Clarke.
A Bill to be entitled an Act to provide that deposits of funds at interest in a bank or trust company shall be legal investments for fiduciaries, and for other purposes.
By unanimous consent, HB 56 was tabled.

HB 57. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to amend Title 13 of the Code of Georgia

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of 1933, relating to the conversion of National Banks into State Banks, and for other purposes.
By unanmious consent, HB 57 was tabled.

HB 59. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to provide for the exemption of certain professions from certain municipal and county taxes, and for other purposes.

The following amendments to HB 59 were read and adopted: by adding to Section 1 the words "or funeral directors".
Mr. Harrison of Wayne moves to amend HB 5i.
Mr. M. Smith of Fulton moves to amend HB 59 by adding the following paragraph:
Provided, however, that where professional men shall practice in more than one municipality, they shall be liable for such tax only in the municipality where they maintain their principal or permanent 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 121, nays 8.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 64. By Mr. Conger of Decatur:
A Bill to be entitled an Act to allow an incorporated municipality to act as trustee of donated cemetery funds, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority was passed.

HB 93. By Messrs. Connell and Register of Lowndes:
A Bill to be entitled an Act to expedite the administration of estates in the State of Georgia, and for other purposes.
By unanimous consent, HB 93 was recommitted to the Committee on General Judiciary No. 1.

HB 100. By Messrs. Murphy of Haralson, Fowler of Douglas, and others:
A Bill to be entitled an Act to amend an Act so as to change the number of years required to be served as solicitor-general for pension purposes, and for other purposes.
By unanimous consent, further action on HB 100 was postponed until Wednesday, January 28, 1953, immediately following the period of unanimous consents.

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HB 113. By Messrs. Connell and Register of Lowndes:
A Bill to be entitled an Act to amend an Act so as to eliminate the necessity of advertising notices of corporate dissolutions, and for other purposes.
By unanimous consent, HB 113 was recommitted to the Committee on General Judiciary No. 1.

HB 135. By Messrs. Murr of Sumter, Hand of Mitchell, and others:
A Bill to be entitled an Act to repeal Section 84-1016 of the Code of Georgia so as to provide for the licensing of practical nurses, and for other purposes.

Mr. Tumlin of Bartow moved that HB 135 be recommitted to the Committee on Hygiene and Sanitation for further study.

Mr. Adams of Evans moved that further consideration of HB 135 be postponed indefinitely.
On the motion to postpone indefinitely, the ayes were 86, nays 28.
The motion prevailed, and further consideration of HB 135 was postponed inllefinitely.

HB 155. By Messrs. Lokey of Fulton, Hollis of Muscogee, and others:
A Bill to be entitled an Act to amend Section 85-707 of the Code of Georgia so as to exempt from the rule against perpetuities certain 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.

HB 162. By Messrs. Twitty of Mitchell and Key of Jasper:
A Bill to be entitled an Act to authorize executors to execute a lease of real property under certain conditions, and for other purposes.
The report 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 202. By Messrs. Twitty of Mitchell, Nightingale of Glynn, and others:
A Bill to be entitled an Act to provide that a prima facie case shall be made out in actions respecting title to land without the necessity of proving title to the original grant from the State, and for other purposes.

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191

The report 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.

Mr. Hamilton of Appling was granted a leave of absence for several days because of illness.

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.

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Representative Hall Atlanta, Georgia Tuesday, January 27, 1953.

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 Reverend DeWitt Shippey, Pastor, Quitman Methodist Church, Quitman, Georgia.

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

Mr. M. Smith of Fulton gave notice that at the proper time he would move that the House reconsider its action in passing HB 59.

Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings has 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 ~nd reference of House Bills and Resolutions.
3. Reports of Standing Committees. 4. Second reading of Rills 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 of the House were introduced, read the first time and referred to the Committees:

HB 263. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to amend an Act known as the "Old Age Assistance Act", so as to provide that any person qualfying or receiving a pension may earn up to $30.00 per month without it affecting the am.ount of the !Jension received, and for other purposes.
Referred to the Committee on Pensions.

HB 264. By Messrs. Birdsong and Groover of Troup:
A Bill to be entitled an Act to. repeal an Act providing for a change from fee system to salary system the compensation received by county

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193

officers in counties having a population of 40,000 to 50,000, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 265. By Mr. Mull of Fannin:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue of Fannin County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 266. By Mr. Moore of White:
A Bill to be entitled an Act to provide that any county or city Board of Education owning, operating or hiring any motor vehicle used in transporting school children, shall provide heating units for such vehicles; and for other purposes.
Referred to the Committee on Education No. 2.

HB 267. By Messrs: Adams and Brantley of Upson, and Veal of Putnam:
A Bill to be entitled an Act to amend an Act which provides for the holding of primary elections by political parties for nomination of candidates for United States Senator, Governor, Statehouse Officers, Justices of the Supreme Court, and Judges of the Court of Appeals, so as to provide that every political party holding a primary for the nomination of candidates for Governor shall be required to hold a State convention for certain purposes, and for other purposes.
Referred to the Committee on State of Republic.

HB 268. By Mr. Harrison of Wayne:
A Bill to be entitled an Aet to amend an Act establishing the salary system of compensation for certain officers of Wayne County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 269. By Mr. Murr of Sumter:
A Bill to be entitled an Act to make it a misdemeanor to be intoxicated or to disregard the safety of others while on a State-managed game refuge; and for other purposes.
Referred to the Committee on Temperance.

HB 270. By Mr. Murr of Sumter:
A Bill to be entitled an Act to permit the use of baskets in the taking of rough fish in the waters of Georgia; and for other purposes.
Referred to the Committee on Game and Fish.

HB 271. By Messrs. Edenfield of Mcintosh, Murr of Sumter, Nightingale and Gowen of Glynn:

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A Bill to be entitled an Act to repeal an Act relating to fish peddlers and fish sellers licenses, fees and use thereof; and for other purposes.
Referred to the Committee on Game and Fish.

HB 272. By Mr. Edenfield of Mcintosh:
A Bill to be entitled an Act to require all persons operating boats or vessels while fishing for shrimp or fish by use of nets upon any tidal or salt waters who have a license from the State Game and Fish Commission, and for other purposes.
Referred to the Committee on Game and Fish.

HB 273. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act amending the charter of the City of Columbus; providing for the terms of office of the members of the Commission of the City of Columbus and the times and manner of their elections; and for other purposes.
Referred to the Committee on Municipal Government.

HB 274. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus power and authority to sell and convey at any time or times, the fee simple title to any part, parts or all of the following described tracts of land in said City of Columbus, to-wit: Tract 1, The East Forty-nine feet of that certain tract of land which is designated as "Ninth Avenue," etc., and for other purposes.
Referred to the Committee on Municipal Government.

HB 275. By Mr. Musgrove of Clinch:
A Bill to be entitled an Act to repeal in its entirety an Act known as the Georgia Turnpike Authority Act, and for other purposes.
Referred to the Committee on State of Republic.

HB 276. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act to amend the Charter of the City of Columbus; providing that the Commission of the City of Columbus shall be authorized, by the passage of appropriate ordinances, to fix the dates and times of primary elections for the nomination of members of said Commission; and for other purposes.
Referred to the Committee on Municipal Government.

HB 277. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act amending the charter of the town of Milner; to provide for the closing of certain streets; and for other purposes.
Referred to the Committee on Municipal Government.

HB 278. By Mr. Edenfield of Mcintosh:

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195

A Bill to be entitled an Act to amend an Act relating to the administration of the food and drug Acts by the State by the Commissioner of Agriculture, and for other purposes.
Referred to the Committee on Game and Fish.

HB 279. By Mr. Ingle of Murray:
A Bill to be entitled an Act to abolish that portion of the alley leading from the Carters Quarters Road (The new paved highway through the town of Spring Place, Murray County), etc., and for other purposes.
Referred to the Committee on Municipal Government.

HB 280. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to provide for the fees of the Coroner in all counties having a population of not less than 12,160 and not more than 12,190, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 281. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to additional duties of clerks in the stlperior courts in counties having a population of not less than 12,160 and not more than 12,190, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 282. By Mr. Bentley of Cobb: A Bill to be entitled an Act to provide that no person shall operate a boat upon the fresh waters of this State while under the influence of intoxicating liquors or drugs; and for other purposes.
Referred to the Committee on Temperance.
HB 283. By Mr. Brown of Telfair: A Bill to be entitled an Act to amend an Act so as to increase the salary of the Sheriff of Telfair County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 284. By Messrs. Adams and Brantley of Upson:
A Bill to be entitled an Act to provide for the State becoming a self insurer for properties owned by it and its branches; for providing a fund to compensate losses suffered by fire, and for other purposes.
Referred to the Committee on Public Property.

HB 285. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act regulating boat traffic upon the fresh waters of this State, and for other purposes.
Referred to the Committee on Special Judiciary.

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HB 286. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act providing for the application for registration of motor vehicles operated in this State, blanks and contents, etc., so as to provide that a certificate from the Tax Collector or Tax Commissioner showing that ad valorem taxes have been . paid, or a certificate made under oath by the applicant, showing the date of purchase after January 1st of the preceding year, be attached to said application before an annual license tag shall be issued; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 287. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act relating to the prohibition against the operation of motor vehicles by certain persons, so as to change such prohibitions; to provide that no person shall operate a motor vehicle or motorcycle while under the influence of intoxicating liquors or drugs; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 288. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to amend the Act creating the Board of Commissioners of Roads and Revenues for Lamar County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 289. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act creating a three-member Board of Commissioners of Roads and Revenues for Douglas County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 85-289a. By Messrs. Bentley of Cobb, Floyd of Chattooga, Coker of Walker and Smith of Cobb:
A Resolution proposing an amendment to the Constitution relating to the term of office and the meetings of the General Assembly, so as to provide for the time of the convening of the General Assembly; to provide that the General Assembly shall meet in annual sessions not to exceed 40 days, and for other purposes.
Referred to the Committee on Amendment to Constitution :#: 1.

HR 86-289b. By Mr. Mishoe of Tattnall:
A Resolution conveying ttl the City of Glennville certain surplus land, and for other purposes.
Referred to the Committee on Public Property.

HR 87-289c. By Mr. Harrison of Wayne:

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197

A Resolution to compensate Donald R. Waters, Route 1, Odum, Georgia for the loss of a hog, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 88-289d. By Mr. Greer of Lanier:
A Resolution proposing to the House of Representatives a change in the Rules of the House whereby committees may meet in the interim between sessions for the purposes of considering and reporting bills and resolutions, and for other purposes.
Referred to the Committee on Rules.
HB 290. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to authorize the Board of County Commissioners of Roads and Revenues in counties of not less than 9,500 and not more than J,550, to name and designate a building inspector, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 291. By Mr. Phillips of Columbia:
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 Columbia, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 292. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to amend an Act to change from the fee to the salary system in certain counties in Georgia the Clerk of the Superior Court, Sheriff and the Tax Commissioner, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 293. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to consolidate the office of Tax Receiver and the office of Tax Collector of Dougherty County into the one office of Tax Commissioner of Dougherty County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 294. By Mr. Bell of Richmond:
A Bill to be entitled an Act to provide for a one-year limitation for action on a breach of a covenant restricting lands to certain uses, and for other purposes.
Referred to the Committee on General Judiciary ;J:t 2.

HB 295. By Messrs. Hayes of Coffee and Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act defining and regulating the practice of law and prohibiting corporations and persons other than

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JOURNAL OF THE HOUSE,

duly licensed attorney-at-law from practicing law or performing legal services and prescribing penalties therefor, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 296. By Messrs. Hall and Scoggin of Floyd, and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program Act; so as to provide for an increase in compensation for certain teachers based on teaching experience, and for other purposes.
Referred to the Committee on Education # 1.

HB 297. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act relating to where criminal cases shall be tried, so as to provide that all pleas shall be received in the county where the crime was committed, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 298. By Messrs. Dunaway and Cornelius of Polk:
A Bill to be entitled an Act to amend an Act to authorize and empower the Commander in Chief of the Georgia National Guard to promote commissioned officers on their retirement, to promote retired commissioned officers, and for other purposes.
Referred to the Committee on Military Affairs.

HR 89-298a. By Messrs. Harris, McKenna and Groover of Bibb:
A Resolution authorizing the Governor to exchange lands with the City of Macon and empowering the Governor to execute a conveyance, and for other purposes.
Referred to the Committee on Public Property.

HR 90-298b. By Messrs. Stephens of Clarke, Layton of Irwin, Boggus of Ben Hill, Lovett of Laurens and others:
A Resolution designating certain roads as Route No. 2 of the Jefferson Davis Highway, and for other purposes.
Referred to the Committee on Historical Research.

HR 91-298c. By Messrs. Dunaway and Cornelius of Polk:
A Resolution to establish a Special Committee of the House to investigate the Sources, Publications, Activities, Propaganda Devices and Influence of Communism and/or the Communist Party in the State of Georgia, and for other purposes.
Referred to the Committee on State of Republic.

HB 299. By Messrs. Willingham of Cobb, Smith of Cobb, Tumlin of Bartow, Mauldin of Gordon, Lewis of Greene, Duncan of Carroll, Nightingale

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199

of Glynn, Bentley of Cobb, Scoggin of Floyd, Kemp of Clayton and many others:
A Bill to be entitled an Act to require payment of all ad valorem taxes on Motor Vehicles before application for license tags are granted, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HR 92-299a. By the Clerk's Office:
A Resolution to compensate Mrs. W. J. Gallemore and Judge J. R. Wimberly for damages to their automobile, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 93-299b. By the Clerk's Office: A Resolution to compensate Mr. William N. Price for damages to his automobile, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 94-299c. By The Clerk's Office: A Resolution to compensate Wayman Dikle for damages received on Georgia State Highway No. 38, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 95-299d. By the Clerk's Office: A Resolution to compensate Mr. and Mrs. Thomas G. Coppock, the father and mother of Carolyn A. Coppock, a minor who drowned in the swimming pool 11t the Franklin D. Roosevelt State Park, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 96-299e. By the Clerk's Office: A Resolution to reimburse Charles Burch the sum of $150.00 for surety on bond, 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:

SB 5.

By Senator Millican of the 52nd:
A Bill to amend the Charter of the City of Atlanta by extending the corporate limits, and for other purposes.

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SB 9.

By Senator Millican of the 52nd:
A Bill to amend the Charter of the City of Atlanta; to authorize the sale of a water main in Cobb County, and for other purposes.

SB 16. By Senator Millican of the 52nd:
A Bill to be amend the charter of the City of Atlanta; to provide for credit on water assessment where a lot fronts on two roads or streets; to amend the Homestead Exemption Laws to provide for ad valerem taxes imposed by the city for school purposes and to pay interest on and retire bonded indebtedness, and for other purposes.

SB 20. By Senator Edenfield of the 4th:
A Bill to ratify and confirm a conveyance made by the city of St. Mary's to the St. Mary's Railroad Company conveying a portion of St; Mary's Street, and for other purposes.

SB 36. By Senator Hall of the 15th:
A Bill to amend the act creating the office of commissioner of roads and revenues of Toombs County so as to provide an expense allowance for the commissioner; to provide for a clerk at a salary of $150.00 per month, and for other purposes.

SB 32. By Senator Carlisle of the 51st:
A Bill to ratify and confirm an ordinance of the City of Macon abandoning and closing an alley, and confirming, the sale of the land by the City of Macon, and for other purposes.

SB 18. By Senator Adams of the 12th:
A Bill to repeal an Act approved February 1, 1951 (Ga. Laws 1951, p. 466), which amended the Old Age Assistance Act by providing for recovery from the estate of the deceased recipient, and for other purposes.

HB 30. By Messrs. Hand and Twitty of Mitchell:
A Bill to amend an Act so as to grant to the City of Camilla the power to purchase, erect, equip, maintain, operate, and own a gas distribution system.

HB 31. By Messrs. Hand and Twitty of Mitchell:
A Bill to amend an Act creating a charter for the City of Pelham, so as to provide for gas service for the City of Pelham.

HB 32. By Messrs. Hand and Twitty of Mitchell:
A Bill to amend an Act creating a charter for the City of Pelham so as to provide for extension of sewers, garbage collection service for the City of Pelham.

HB 35. By Mr. McCracken of Jefferson:

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201

A Bill to provide for the scientific appl'aisal of all taxable property in the City of Wrens.

HB 36. By Mr. McCracken of Jefferson:
A Bill to provide for the scientific appraisal of all taxable property in the City of Louisville.

HB 43. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to amend an Act to provide Pensions to employees of the City of Albany.

HB 44. By Mr. Greer of Lanier:
A Bill to amend an Act known as the "Destruction of the Useless Public Records Act", 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 28. By Mr. Lifsey of Lamar:
A Bill to amend, consolidate, create, revise and supersede the several Acts incorporating the City of Barnes'rille in the County of Lamar, and all amendments in respect thereto; to create a new charter of said corporation; to repeal conflicting laws, and for other purposes.

The Senate has read and adopte~ the following resolution:

SR 21.

By Senator Edenfield of the 4th and others:
A Resolution, the House concurring, that Miss Ella May Thornton is hereby named Honorary State Librarian of Georgia for life, this provision to be effective immediately upon her retirement, and for other purposes.

Mr. Gowen of Glynn County, Chairman of the Committee on Constitutional
Amendments # 2, submitted the following report:

Mr. Speaker:
Your Committee on Constitutional Amendments # 2 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 32-127a. Do Pass.
HR 49-220e. Do Pass.
HR 18-87a. Do Pass. Respectfully submitted, Gowen of Glynn, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Lavender of Elbert 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 60. Do Pass. HB 37. Do Pass. HB 221. Do Pass. HB 192. Do Pass. HB 188. Do Pass. HB 175. Do Pass. SB 14. Do Pass. SB 15. Do Pass. SB 11. Do Pass. SB 22. Do Pass.
Respectfully submitted, Lavender of Elbert, Chairman.

Mr. Hall of Floyd 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 13. Do Pass.
Respectfully submitted, Hall of Floyd,
Chairman.

Mr. Edenfield of Mcintosh 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:

TUESDAY, JANUARY 27, 1953

203

HB 231. Do Pass. HB 234. Do Pass. HB 235. Do Pass.

Respectfully submitted, Edenfield of Mcintosh,

Chairman.

Mr. Williams of Bulloch 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 195. Do Pass, as amended. HB 197. Do Pass. HB 198. Do Pass.
Respectfully submitted, Williams of Bulloch, Chairman.

Mr. Jones of Lumpkin 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 110. Do Pass. HB 106. Do Pass.
Respectfully submitted, Jones of Lumpkin County,
Chairman.

Mr. Adams of Evans County, Chairman of the Committee on Pensions, submitted the following report:

l\ir. Speaker:
Your Committee on Pensions 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 228. Do Pass.

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JOURNAL OF THE HOUSE,

HB 241. Do Pass. HB 132. Do Pass.

Respectfully submitted, Adams of Evans,

Chairman.

Mr. Coogle of Macon 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 31-124c. Do Pass. HR 24-87a. Do Pass. HR 43-202e. Do Pass. HR 20-87c. Do Pass. HR 25-87h. Do Pass.
Respectfully submitted, Coogle of Macon, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 104. Do Pass, by substitute.

HB 251. Do Pass.

SB 2. Do Pass.

SB 3. Do Pass.

Respectfully submitted,

McCracken of Jefferson,

Chairman

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

HB 13. By Mr. Freeman of Monroe:

TUESDAY, JANUARY 27, 1953

205

A Bill to be entitled an Act to provide for the teaching of a course in Federal and State Government in high schools, and for other purposes.

HB 37. By Mr. Dews of Calhoun:
A Bill to be entitled an Act to amend an Act so as to change the terms of the Commissioners of Roads and Revenues of Calhoun County, and for other purposes.

HB 60. By Mr. Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Sheriff and certain other county officers of Bleckley County, and for other purposes.

HB 104. By Messrs. Hand and Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend Section 95-1001 of the Code of Georgia relating to a county's liability for injuries caused by defective bridges, and for other purposes.

HB 106. By Messrs. H. Smith of Fulton and Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the operation of motor vehicles, and for other purposes.

HB 110. By Messrs. H. Smith of Fulton, Hollis of Muscogee, and Duncan of Carroll:
A Bill to be entitled an Act to require new applicants for drivers licenses to complete a driver training course, and for other purposes.

HB 132. By Messrs. Greer of Lanier, Perkins of Carroll, and others:
A Bill to be entitled an Act to amend an Act so as to change the age and service qualifications of the Judge of the Superior Court Emeritus, and for other purposes.

HB 175. By Messrs. Murr and Carter of Sumter:
A Bill to be entitled an Act to establish the salary of the Ordinary of Sumter County, and for other purposes.

HB 188. By Messrs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act to authorize the employm,ent of a clerk by the Boards of Tax Assessors in certain counties, and for other purposes.
HB 192. By Mr. Ray of Warren:
A Bill to be entitled an Act to authorize the payment of supplementary compensation to the Tax Receiver of Warren County, and for other purposes.
HB 195. By Messrs. Williams of Bulloch, Lanier of Candler, and Sipple of Chatham:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to define contagious tuberculosis, and for other purposes.

HB 197. By Messrs. Williams of Bulloch and Lanier of Candler:
A Bill to be entitled an Act to amend an Act providing a complete Vital Statistics Law, and for other purposes.

HB 198. By Messrs. Williams of Bulloch and Lanier of Candler:
A Bill to be entitled an Act to provide for the qualifications of midwives, and for other purposes.

HB 221. By Messrs. Hicks, Scoggin, and Hall of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide how demands for trial by jury shall be made in the City Court of Floyd County, and for other purposes.

HB 228. By Messrs. Willingham of Cobb, Hollis of Muscogee, and others:
A Bill to be entitled an Act to amend an Act so as to provide that service as a solicitor general and certain other positions shall count in appointing a person as Chief Justice Emeritus, and for other purposes.

HB 231. By Messrs. McGarity of Henry, Coogle of Macon, and others:
A Bill to be entitled an Act to provide for the protection of livestock against rabies, and for other purposes.

HB 234. By Messrs. Harrison of Wayne, Perkins of Carroll, and others:
A Bill to be entitled an Act to prohibit the sale of any fresh water fish except shad, and for other purposes.

HB 235. By Messrs. Harrison of Wayne, Moate of Hancock, and others:
A Bill to be entitled an Act to amend Section 45-507 of the Code of Georgia so as to provide that the possession of unlawful devices shall be deemed prima facie evidence of intent to kill fish, and for other purposes.

HB 241. By Messrs. Barber of Colquitt, Lovett of Laurens, and others:
A Bill to be entitled an Act to provide for the pensions for all taxpayers having reached the age of 65, and for other purposes.

HB 251. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend Section 84-1611 of the Code of Georgia so as to change the class of persons permitted to play billiards, and for other purposes.
HR 18-87a. By Messrs. Bodenhamer and Williams of Tift:
A Resolution proposing a constitutional amendment that would consolidate the school districts of Tift County into one district, and for other purposes.

TUESDAY, JANUARY 27, 1953

207

BR 20-87c. By Messrs. Mincy and Frier of Ware:
A Resolution requesting the State Librarian to furnish certain law books to the Ordinary of Ware County, and for other purposes.

BR 24-87g. By Messrs. Cornelius and Dunaway of Polk:
A Resolution requesting the State Librarian to furnish certain law books to the Superior Court of Polk County, and for other purposes.

BR 25-87h. By Mr. Potts of Coweta:
A Resolution requesting the State Librarian to furnish certain law books to the Ordinary of Coweta County, and for other purposes.

HR 31-124c. By Mr. Green of Rabun:
A Resolution requesting the State Librarian to furnish certain law books to the Superior Court of Rabun County, and for other purposes.

HR 32-127a. By Mr. Willingham of Cobb:
A Resolution proposing a constitutional amendment that would increase the jurisdiction of justices of the peace, and for other purposes.

HR 43-202e. By Mr. Turk of Wilcox:
A Resolution requesting the State Librarian to furnish certain law books to the Superior Court of Wilcox County, and for other purposes.

HR 49-220e. By Mr. Deen of Bacon:
A Resolution proposing a constitutional amendment that would authorize Bacon County to establish a fund to be used in promoting the location of new industries in Bacon County, and for other purposes.

SB 2.

By Senators Edenfield of the 4th, Blitch of the 5th, and others:
A Bill to be entitled an Act to amend an Act so as to authorize the State Highway Board to execute lease contracts under certain conditions, and for other purposes.

SB 3.

By Senators Edenfield of the 4th, Blitch of the 5th, and others:
A Bill to be entitled an Act creating the State Bridge Building Authority, and for other purposes.

SB 11. By Senator Cates of the 17th:
A Bill to be entitled an Act to provide supplementary compensation to the Ordinary of Burke County, and for other purposes.

SB 14. By Senator Risner of the 30th:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Tax Commissioner of Hart County, and for other purposes.

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JOURNAL OF THE HOUSE,

SB 15. By Senator Browning of the 2nd:
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 Hinesville, and for other purposes.

SB 22. By Senator Jordan of the 25th:
A Bill to be entitled an Act to change the compensation of the members of the Board of County Commissioners of Talbot 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 141. By Mr. Ingle of Murray:
A Bill to be entitled an Act to create an amended charter for the City of Chatsworth, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 217. By Messrs. Lokey, H. Smith, and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide pension credit for service in the Armed Forces or the Coast Guard of officers and employees of 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 104, nays 0.
The bill, having received the requisite constitutional majority was passed.

HB 216. By Messrs. Lokey, H. Smith, and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide pension credit for service in the Armed Forces or the Coast Guard of members of the police department of 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 105, nays 0.
The bill, having received the requisite constitutional majority was passed.

HB 218. By Messrs. Lokey, H. Smith, and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide pension credit for service in the Armed Forces or the Coast Guard of members of the fire department of certain cities, and for other purposes.

TUESDAY, JANUARY 27, 1953

209

The report 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 220. By Messrs. Lokey, H. Smith, and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to authorize certain cities to permit construction of overhead and underground passageways, and for other purposes.

The report 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 225. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to amend an Act so as to provide that the marshal of the Town of Crawfordville shall become the superintendent of the waterworks, and for other purposes.
The report 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 Dl;ljority, was passed.

HB 243. By Mr. Murphy of Haralson:
A Bill to be entitled an Act vesting in the City of Bremen authority to close Flint 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 213. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act so as to provide that the city attorney of the Town of East Dublin shall also be the recorder, and for other purposes.
The report 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 215. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act so as to raise the salary of the judge and solicitor of 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 111, 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 5. By Senator Millican of the 52nd:
A Bill to be entitled an Act establishing a new charter for the City of Atlanta; to extend the corporate limits, and for other purposes.
Referred to the Committee on Municipal Government.

SB 9. By Senator Millican of the 52nd:
A Bill to be entitled an Act establishing a new charter for the City of Atlanta; authorizing the sale of water main in Cobb County, and for other purposes.
Referred to the Committee on Municipal Governmen~.

SB 16. 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, providing for credit water main assessments, homestead exemptions, and for other purposes.
Referred to the Committee on Municipal Government.

SB 18. By Senator Adams of the 12th:
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 Public Welfare.
SB 20. By Senator Edenfield of the 4th:
A Bill to be entitled an Act to ratify and confirm the conveyance made by the City of St. Marys to St. Marys Railroad Company on the Eighth Day of July, 1950 conveying a portion of St. Marys Street in the said City, and for oth('r purposes.
Referred to the Committee on Municipal Government.
SR 21. By Senators Edenfield of the 4th, Blitch of the 5th and Carlisle of the 51st:

TUESDAY, JANUARY 27, 1953

211

A Resolution naming Miss Ella Mae Thornton Honorary State Librarian of Georgia for life; offering her suitable quarters that she may be accessible as a consultant and adviser in the future, and for other purposes.
Referred to the Committee on Public Library.

SB 32. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to amend an Act to ratify and confirm an ordinance of the City of Macon abandoning and closing an alley, and confirming the sale of the land of the City of Macon, and for other purposes.
Referred to the Committee on Municipal Government.

SB 36. By Senator Hall of the 15th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Toombs County, and for other purposes.
Referred to the Committee on Counties and County Matters.

By unanimous consent, the House reconsidered its action in passing the following Bill of the House, and the Bill was ordered placed at the foot of the Calendar:

HB 59. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to prohibit the levying of a professional tax on certain professions by counties and municipalities, and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 28. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to amend an Act so as to create a new charter for the City of Barnesville, and for other purposes.

The following Senate amendment to HB 28 was read:
Senator Joe B. Adams of the 22nd moves to amend House Bill No. 28 by adding a new section thereto and being numbered Section No. 42, to read as follows:
"Provided that said Mayor and Council shall have no authority to issue a license for any malt or alchoholic beverages within the city limits until they have first called an election and submitted the question to the qualified voters of the said city and a majority of the said qualified voters shall vote to legalize said sales and authorize said Mayor and Council to issue a license to sell the same."
Mr. Lifsey of Lamar moved that the House agree to the Senate amendment.
On the motion, the ayes were 111, nays 0.

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JOURNAL OF THE HOUSE,

The Senate amendment was agreed to.

The Speaker submitted the following report to the House:

PROGRESS REPORT OF THE STATE SCHOOL BUILDING AUTHORITY
On February 19, 1951, the Governor approved the State School Building Authority Act.
Provisions of this bill gave the School Building Authority broad statutory powers with which to carry out the objectives of this program, the objectives being to make possible adequate building facilities for all of Georgia's school children.
The concept of the program is broad but simple. The Authority sells its revenue bonds and constructs school buildings with the proceeds. These buildings are lease41. to the local school systems and the rentals form the underlying security for the bonds. Under the Minimum Foundation Program, the State Board of Education pays direct to the Authority, on order of local Board, sums sufficient to cover these rental payments when the leases are filed with the State Board of Education. Through the use of the Authority as the borrowing agency, the resources of all of the school systems are combined with those of the State Board of Education to produce the strongest possible financial plan.
Soon after the Governor signed the Act creating the State School Building Authority, an organizational meeting was held, at which time it was determined that although the Authority had broad statutory powers that actually the exact need for buildings or the funds available for this purpose were not known, nor were its exact prerogatives and limitations clear.
A statistical firm was employed and after a thorough study, a report was made that indicated the needs for buildings and the funds available.
Competent legal help was secured and a study of all laws pertaining to education in the State of Georgia was made. As a result, serious legal problems were discovered which had to be dissolved before the Authority could be in a position to proceed with the issuance of marketable bonds in order to finance the program.
For the first time th~ Authority knew what its problems were, and its next step was in how best to meet its responsibility.
Several months were devoted to the preparation of a case to test the legal aspects of the questions involved. In September of 1951 this case was presented to the lower courts, and was argued in the Supreme Court of Georgia in November. On January 14, 1952, in Sheffield vs. State School Building Authority, the Supreme Court of Georgia sustained unanimously the legal phases of the Authority program.
Much time and effort was expended in adopting a basic plan for autl10rizing and constructing buildings. These policies established a sound, objective and fair method of determining the needs of all school systems on an equal square foot per-pupil basis. In the formulation of all its policies governing procedure, the State School Building Authority has correlated its efforts with the State Board of Education, the State Department of Education, and has worked in harmony with the local school units.
While the Minimum Foundation Program has as its objective better teach-

TUESDAY, JANUARY 27, 1953

213

ing personnel and improved curriculum, the purpose of the School Building Authority is to provide better building facilities thereby keeping pace with the advancement in other phases of the educational program.
Before adopting a financial program, investigation was made into other States' Authority programs, especially Pennsylvania, where financing is on a local basis. It was revealed that local financing is much more costly than financing on the State level. By adopting a policy in Georgia of State finance, we have been able to finance for each county in the State at as low a rate of interest as could be obtained by the most financially sound systems in this State. We are financing all counties, large and- small, at the same rate of interest as the strongest counties in Georgia are able to secure for their own school systems.
While it was determined that sound financing could be best accomplished at the State level, all other functions such as selection of site, selection of architects, types of buildings, should be left on a local basis giving each county board of education power of administration of its own school building program.
At this time the Authority has approved 106 applications for the construction of schools which will provide equal and adequate facilities for 106 public school systems with a cost of $131,051,841.66 of which the School Building Authority will finance $101,623,747.25.
Bonds valued at $32,097,000.00 have been sold and construction is now under way in systems coming within this issue. Applications for 10 additional school systems are pending. These additional applications together with those already approved will provide essential facilities for 65% of our school children.
Negotiations are now under way towards selling another bond issue which will finance the projects now approved but as yet unfinanced.
It is gratifying to be able to report that the State School Building Authority has received the enthusiasti~ cooperation and wholehearted support of the Governor, State Board of Education, State Department of Education, local educational forces and professional groups working togther in this vast undertaking which will ultimately result in a better tomorrow for Georgia's children.
FRED HAND
Chairman

Under the regular order of business, the following Bill of the House was again taken up for consideration:

HB 134. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act so as to provide expanded telephone service outside of rural areas, and for other purposes.

By unanimous consent, further consideration of HB 134 was postponed until Wednesday, January 28, 1953, immediately following the period of unanimous consents.

Under the regular order of business, the following Bills of the House were taken up for consideration, and read the third time:

HB. 70. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and Smith of Emanuel:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to amend Section 95-811 of the Code of Georgia so as to replace recommendation as to the operation of suspension of the Alternative Road Law by the Grand Jury with the resolution of the county governing 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 107. By Messrs. Hicks of Floyd and Bentley of Cobb: A Bill to be entitled an Act to amend Section 38-1604 of the Code of Georgia so as to provide that husband and wife may be competent to testify against each other in criminal proceedings, and for other purposes.
The following Committee substitute to HB 107 was read and adopted:
A BILL
To be entitled an Act to amend Section 38-1604 of the Code of Georgia of 1933, relating to husband and wife as witnesses against each other in criminal proceedings, so as to provide that the husband and wife shall be competent but not compellable to testify against each other in criminal proceedings; to make provision regarding comment by the Solicitor-General or other prosecuting official upon the refusal of the wife to testify; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
Section 1. Section 38-1604 of the Code of Georgia of 1933, relating to husband and wife as witnesses against each other in criminal proceedings, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 30-1604 to read as follows:
"38-1604. Husband and wife shall be competent but not compellable to give evidence in any criminal proceeding for or against each other, and either shall also be competent but not compellable to testify against the other upon the trial for any criminal offenses committed or attempted to have been committed upon the person of either by the other. If either spouse refuses to give evidence or testify in such cases, the Solicitor-General or other prosecuting official shall make no comment concerning such refusal. The wife shall be a competent witness to testify for or against her husband in cases of abandonment of his child, as provided in Section 74-9902."
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 45, nays 78.
The bill, having failed to receive the requisite constitutional majority, was lost.

TUESDAY, JANUARY 27, 1953

215

Mr. Bentley of Cobb gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 107.

HB 126. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act so as to allow the printing and possessing of sample ballots, and for other purposes.

The following Committee amendment to HB 126 was read:
Strike Section 1 of said bill in its entirety, and insert in lieu thereof a new Section 1 to read as follows:
"An Act relating to ballots and elections, approved February 25, 1949 (Ga. Laws 1949, p. 1291), is hereby amended by adding after the word 'same' in Section 2-A the words 'unless such likeness is clearly marked and distinguished at both top and bottom by the words "SAMPLE BALLOT" in large letters', and by adding after the sentence so amended a new sentence to read as follows: "Provided that no sample ballot shall be carried into the polling places", so that section 2-A when so amended shall read as follows:
"Section 2-A. No person, firm or corporation shall print, have or possess a ballot or ballots or any likeness of the same, unless such likeness is clearly marked and distinguished at both top and bottom by the words 'SAMPLE BALLOT' in large letters, except the officials having charge of the general elections, primary elections, or special elections under the laws of this State, and the electors when engaged in the act of voting. Provided: that no sample ballot shall be carried into the polling places. A violation of this section shall constitute a misdemeanor, and upon conviction of the same such person, firm, or corporation shall be punishable as for a misdemeanor."

Mr. Bentley of Cobb moved that HB 126 be recommitted to the Committee on General Judiciary No. 1 for further study.
On the motion, the ayes were 78, nays 36.
The motion prevailed, and HB 126 was recommitted to the Committee on General Judiciary No. 2.

HB 150. By Messrs. Bolton and Harper of Spalding and Murphey of Crawford:
A Bill to be entitled an Act to amend Section 21-105 of the Code of Georgia so as to provide that coroners shall receive a fee of $25.00 for holding an inquest on a dead body, and for other purposes.

The report 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 7.
The bill, having received the requisite constitutional majority, was passed.

HB 156. By Messrs. Tarpley of Union and Dean of Towns:
A Bill to be entitled an Act to fix the compensation of the reporter of Supreme Court and the Court of Appeals, and for other purposes.

216

JOURNAL OF THE HOUSE,

The following Committee substitute to HB 156 was read and adopted:

A BILL
To be entitled An Act to fix the compensation of the Reporter and the Assistant Reporter of the Supreme Court and of the Court of Appeals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That from and after the passage and approval of this Act, the Reporter of the Supreme Court and of the Court of Appeals shall receive a salary of $7,500.00 per annum and the Assistant Reporter of the Supreme Court and of the Court of Appeals shall rereceive a salary of $6,000.00 per annum, such salaries to be payable in equal monthly installments by the State Treasurer, one-half from the appropriations for the operation of the Supreme Court and one-half from the appropriations for the operation of the Court of Appeals.
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, Mr. Tarpley of Union 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 Adams of Upson Alexander Barrett Baughman Bell Bentley Birdsong Blackburn Blalock Bodenhamer Bolton Brannen Brazeal Britton Brown Campbell of Walker Conger Connell Coogle Cornelius Dean of Towns Denton Dews Dunaway Durham

Edenfield Floyd Foster Fowler Gardner Geer Goodson Gowen Graham Gunter Haar Hale Hall Hamilton Harris Hicks Holley Hollis Holloway Huddleston Ingle Jackson Jessup Jones of Lumpkin Jordan of Gwinnett Key

Lanier Lavender Lewis Lifsey Little Lokey McCracken McGarity McGee Martin Matheson Matthews Mauldin Mishoe Moye Mull Murphey of Crawford Murphy of Haralson Nightingale Otwell Perkins Phillips of Columbia Potts Raulerson Register Russell

TUESDAY, JANUARY 27, 1953

217

Rutland Scoggins Sipple of Chatham Smith of Cobb Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stocks Swindle Tallant

Tamplin Tarbutton Tarpley Todd Trapnell Tumlin Turner Twitty Upshaw Veal

Those voting in the negative were Messrs.:

Walker Watson Weems White Whitener Wiggins
Williams of Bulloch Willingham Young

Adams of Evans Ayers Barber of Jackson Bloodworth Boggus Brantley Brown Buie
Callifi!r Carter Chastain Clark Clary Cloud Cowart Cummings

Duncan Garrard Gilder Gillis Green of Baldwin Greene of Crisp Groover of Troup Harrell Harrison of Wayne Hayes Henderson Hodges Holton Hopkins Hughes Kemp

McKenna Moate Moore of Pickens . Moses Murr Nelson Sivell Smiley Sevens of Marionu Stewart Strickland Ursrey Wardlow Williams of Franklin Williams of Tift Wooten

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

On the passage of the bill, by substitute, the ayes were 107, nays 48.

The bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, the following Bill of the House was recommitted to the Committee on General Judiciary No. 2:

HB 239. By Mr. Willingham of Cobb.
A Bill to be entitled an Act to amend Chapter 20-7 of the Code of Georgia by adding an additional rule for the construction and interpretation of contracts, 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 186. By Messrs. Hoke Smith of Fulton, Twitty of Mitchell, and others:
A Bill to be entitled an Act to amend Sections 67-2001 and 67-2002 of the Code of Georgia so as to provide that liens shall be created in favor of registered architects who furnish plans and other architectural services, and for other purposes.
By unanimous consent, HB 186 was tabled.

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JOURNAL OF THE HOUSE,

HB 200. By Mr. Harris of Bibb:
A Bill to be entitled an Act to amend Section 24-2714 of the Code of Georgia relating to the duty of the clerks of the superior courts to keep in their offices two subpoena dockets, and for other 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. Harris of Bibb moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Abney of Catoosa Adams of Evans Adams of Upson Ayers
Barber of Jackson Bell Birdsong Black Blackburn Bloodworth Brannen Bray Britton Brown Byrd
Campbell of Oconee Carter Clark Clary Conger Cornelius Dean of Towns Denton Dews Dunaway Edenfield Floyd Foster Fowler Freeman Frier Garrard Gillis Graham Green of Baldwin Greene of Crisp

Groover of Bibb Groover of Troup Gunter Hamilton Harrell Harris Hayes Henderson Hicks Holley Hollis Holloway Holton Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jordan of Wheeler Kemp Key
Land Lavender Lifsey Lokey
McCracken McGarity McKenna McWhorter Martin
Matheson Matthews Mauldin Mincey

Moate Mobley Moore of Pickens Moore of White Moye
Mull Murphey of Crawford Murphy of Haralson Murr Nelson Otwell Parker Peacock Perkins Phillips of Walton Raulerson Rowland Russell Sipple of Chatham Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stocks Swindle Tallant Tamplin Tarbutton Todd Turner Veal Wardlow White Whitener Wiggins Williams of Tift Young

Those voting in the negative were Messrs.:

Barrett Bentley Blalock Boggus

Brantley Brazeal
Buie Cloud

Connell Cummings Durham Gardner

TUESDAY, JANUARY 27, 1953

219

Geer Grimsley Hale Hopkins Jordan of Gwinnett Lanier Lewis Little Moses

Musgrove Nightingale Pickard Potts Register Short Sivell Smith of C<>bb Stevens of Marion

Stewart Strickland Trapnell Twitty Watson Weems Williams of Bulloch

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

On the passage of the bill, the ayes were 108, nays 37.

The bill, having received the requisite constitutional majority, was passed.

HB 201. By Mr. Harris of Bibb:
A Bill to be entitled an Act to amend Section 38-1501 of the Code of Georgia relating to attendance of witnesses in court, and for other purposes.

By unanimous consent, HB 201 was recommitted to the Committee on General Judiciary No. 2 for further study.

HR 45-220a. By Messrs. Veal of Putnam, Adams of Upson, and others:
A Resolution providing for a standing committee of the House of Representatives to be appointed for the purpose of studying the Acts of the General Assembly adopted since the adoption of the Code of 1933, and for other purposes.

The following amendment to HR 45-220a was read:
Mr. Watson of Dougherty moves to amend HR 45-220a by adding a new section thereto between sections 1 and 2, to be denominated section 1a and to read as follows:
"Any recommendation made by such committee shall follow the same system of numbering now used in the Code of the State of Georgia."
Mr. Freeman of Monroe moved that HR 45-220a be tabled, and the motion prevailed.

Under the regular order of business, the following Bill of the House was again taken up for consideration:

HB 59. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to provide for the exemption of certain professions from certain municipal and county taxes, and for other purposes.
The following substitute to HB 59, offered by Mr. M. Smith of Fulton, was read and adopted:

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A BILL
A Bill to be entitled an Act to provide that from and after the passage of this Act no municipal corporation or county authority of this State shall levy or collect any license, occupation or professional tax upon practitioners of Law, Medicine, Osteopathy, Chiropractic, Chiropody, Dentistry, Optometry, Masseur, Public Accounting, Embalming, Funeral Directors, Civil, Mechanical, Hydraulic, or Electrical Engineerin or Architecture except at the place where any such practitioner shall maintain his principal office, provided further that where any such principal office is located within the co:rporate limits of any municipality no county authority shall have the power or authority to levy any such tax as to that office; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY THEREOF:
Section 1. From and after the passage of this Act no municipal corporation or county authority of this State, notwithstanding any provision in its charter to the contrary, shall levy or collect any license, occupation or professional tax upon practitioners of law, medicine, osteopathy, chiropractic, chiropody, dentistry, optometry, masseur, public accounting, embalming, funeral directors, civil, mechanical, hydraulic, or electrical engineering or architecture except at the place where any such practitioner shall maintain his principal office.
Section 2. Provided further that where any such principal office is located within the corporate limits of any municipality no county authority shall have the power or authority to levy any such tax as to that office.
Section 3. 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, by substitute.
On the passage of the bill, by substitute, the ayes were 107, nays 1.
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 tomorrow morning, and the motion prevailed.

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

WEDNESDAY, JANUARY 28, 1953

221

Representative Hall, Atlanta, Georgia. Wednesday, January 28, 1953.

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 Reverend DeWitt Shippey, Pastor, Quitman Methodist Church, Quitman, Georgia.

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

Mr. Garrard of Wilke~>-, 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. Reports 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 upon any bill on the General Calendar in any order that he desires.

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

HB 300. By Mr. Edenfield of Mcintosh:
A Bill to be entitled an Act to repeal an Act to regulate the use of nets for a certain period in dragging for shrimp in Georgia waters; and for other purposes.
Referred to the Committee on Game and Fish.

HB 301. By Messrs. Holton and Hayes of Coffee:
A Bill to be entitled an Act to amend an Act providing for a repeal of the Act of 1931 creating the office of Tax-Commissioner of Coffee County, and for other purposes.
Referred to the Committee on Counties and County Matters.

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JOURNAL OF THE HOUSE,

HB 302. By Mr. Murphy of Haralson:

A Bill to be entitled an Act to amend an Act relating to possession of

lands, so as to provide the manner in which possession of wild lands



and timber lands may be evidenced; and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 303. By Mr. Gowen of Glynn:
A Bill to be entitled an Act requiring the attendance in person of Female witnesses in Civil Cases pending in the Courts of this State under the Game conditions and under the same requirements that apply to Male witnesses; and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 304. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to fix the salary and other compensation for the Commissioner of Roads and Revenues of Rockdale County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 305. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue for Catoosa County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 306. By Mr. Ingle of Murray:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector and creating the office of Tax Commissioner for Murray County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 307. By Mr. King of Chattahoochee:
A Bill to be entitled an Act to provide for retirement compensation for Superintendents e>f County Roads of Chattahoochee County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 308. By Mr. King of Chattahoochee:
A Bill to be entitled an Act to amend an Act 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 Pensions.
HB 309. By Mr. Wardlow of Turner: A Bill to be entitled an Act to repeal an Act entitled "An Act to reduce

WEDNESDAY, JANUARY 28, 1953

223

the official bond of the Sheriff of Turner County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 310: By Mr. Wardlow of Turner:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Turner County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 311. By Mr. Clark 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 312. By Mr. Brazeal of Terrell:
A Bill to be entitled an Act to create a State Board of Examiners of Tile Contractors and to license persons engaging in the tile contracting business; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 313. By Mr. Mull of Fannin:
A Bill to be entitled an Act to provide that the terms for holding the Superior Court of Fannin County shall be the fourth Mondays in April and August, and the Second Monday in December of each year; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 314. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel:
A Bill to be entitled an Act to repeal an Act to provide the manner and method of selling, disposing or exchanging of livestock and swine belonging to the State of Georgia or any of the agencies, boards or departments thereof; and for other purposes.
Referred to the Committee on State of Republic.

HB 315. By Messrs. Williams and Trapnell of Bulloch:
A Bill to be entitled an Act to amend an Act relating to the compensation of court repOI'ters in reporting criminal cases; and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 316. By Messrs. Haar, Sipple and McGee of Chatham: A Bill to be entitled an Act to fix, establish and provide a salary for

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the Solicitor General of the Eastern Judicial Circuit; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 317. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act relating to the selling or purchasing of fresh water fish during spawning season, and for other purposes.
Referred to the Committee on Game and Fish.

HB 318. By Messrs. Veal of Putnam and Willingham of Cobb:
A Bill to be entitled an Act to provide that no vehicle shall be operated upon any public street, road, or highway within this State unless at the time of such <>peration there is in effect a contract of liability insurance with respect to such operation, or a certificate of self insurance issued by the Director of the Department of Public Safety; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 319. By Messrs. Groover and Birdsong 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.
Referred to the Committee on Municipal Government.

HB 320. By Messrs. Twitty of Mitchell and Ray of Warren:
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, and for other purposes.
Referred to the Committee on State of Republic.

HB 321. By Messrs. Graham of Richmond and Hall of Floyd:
A Bill to be entitled an Act to amend an Act which relates to annual fees for operating motor vehicles; so as to provide for fees for trailers operated exclusively under Class "B" Certificates issued by the Georgia Public Service Commission for the transportation of household, kitchen, office furniture and store fixtures; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 322. By Messrs. Connflll and Register of Lowndes, Tamplin of Morgan, McGarity of Henry:
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; to create and establish a Milk Control Board; etc., and for other pur poses.
Referred to the Committee on General Agriculture # 1.

WEDNESDAY, JANUARY 28, 1953

225

HB 323. By Messrs. Haar and Sipple of Chatham:
A Bill to be entitled an Act to add one additional Judge of the Superior Court for the Eastern Judicial Circuit of Georgia; and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 324. By Messrs. Rowland of Johnson, Willingham of Cobb, Freeman of Monroe and McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act known as the "Unemployment Compensation Law"; as amended (now Employment Security Law), by providing for special computation dates for possible tax reduction for employers; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 325. By Messrs. Turner, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, so as to authorize employment of a Recorder to serve as a trial magistrate in the Mayor's Court of the City of Chamblee, etc., and for other purposes.
Referred to the Committee on Municipal Government.

HB 326. By Messrs. Edenfield of Mcintosh, Murr of Sumter, Nightingale and Gowen of Glynn:
A Bill to be entitled an Act to make it a misdemeanor to hunt, fish or trap without obtaining a proper license or for failure to carry a proper license while hunting, fishing or trapping; and for other purposes.
Referred to the Committee on Game and Fish.

HB 327. By Messrs. Floyd and Weems of Chattooga, Lavender of Elbert, Campbell and Coker of Walker and many others:
A Bill to be entitled an Act to protect against subversive activities by making it a crime to commit or advocate acts intended to effect the overthrow of the Constitution or Government of the United States or the Constitution or Government of the State of Georgia, etc., and for other purposes.
Referred to the Committee on State of Republic.

HB 328. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act providing a city charter for Cumming, in Forsyth, Georgia; and for other purposes.
Referred to the Committee on Municipal Government.

HB 329. By Mr. Blackbum of Habersham:
A Bill to be entitled an Act to penalize the possession of Malt Beverages and wine in all counties having a population of not more than

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JOURNAL OF THE HOUSE,

16,750 and not less than 16,250; to provide for a referendum before the same shall become operative; and for other purposes.
Referred to the Committee on Temperance.

HB 330. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to provide for the holding of terms of the Superior Court in Forsyth County; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 331. By Messrs. Hale of Dade, Matthews of Clarke, Jackson of Jones, Kemp of Clayton, Smith of Emanuel, Bolton of Spalding and Ray of Warren:
A Bill to be entitled an Act to amend an Act relating to attorney's fees upon notes or other evidence of indebtedness, so as to provide that obligations to pay attorney's fees upon a note or other evidence of indebtedness shall be valid and enforceable under certain conditons; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 332. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues of Richmond County to fix, levy and assess occupation taxes and license fees in said county and to give them authority to enforce the payment thereof, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 333. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to provide that the County Commissioners of Forsyth County shall pay a monthly expense allowance of one hundred dollars to the Sheriff of said county; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 334. By Mr. Mauldin of Gordon:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue in and for Gordon County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 335. By Messrs. Williams of Franklin, Blackburn of Habersham, Hughes of Dawson, Moore of White and Martin of Banks:
A Bill to be entitled an Act to amend an Act relating to the duties of the Commissioner of Agriculture, so as to provide that the Commissioner shall conduct research of poultry; and for other purposes.
Referred to the Committee on Agriculture # 1.

HB 336. By Messrs. Haar, McGee and Sipple of Chatham:

WEDNESDAY, JANUARY 28, 1953

227

A Bill to be entitled an Act amending the several acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.

HB 337. By Messrs. Williams of Franklin, Jordan of Gwinnett, Bentley of Cobb and Harris of Bibb:
A Bill to be entitled an Act to provide for the discharge of temporary administrators; and for other purposes.
Referred to the Committee on General Judiciary #2.

HR 97-337a. By Mr. Stewart of Echols:
A Resolution proposing an amendment to the Constitution, relating to exemptions from taxation, so as to raise certain ad valorem tax exemptions and homestead exemptions; and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HR 98-337b. By Messrs. Abney of Catoosa, Jessup of Bleckley, Bloodworth of Houston, Murphey of Crawford, and Brannen of Dooly:
A Resolution to compensate Trooper John E. Moreland of the Georgia State Patrol for expenses growing out of injuries received in the line of duty, and for ether purposes.
Referred to the Committee on Special Appropriations.

HR 99-337c. By Mr. Wardlow of Turner:
A Resolution providing that the State librarian is authorized to furnish certain law books to Turner County, and for other purposes.
Referred to the Committee on Public Library.
HR 100-337d. By Mr. Moore of White:
A Resolution authorizing the Governor to acquire for the expansion of the State Parks System, Three Hundred Seventy Six acres of land, more or less in Towns County, for the purpose of exchanging said land and other land presently owned by the State for land of equal value to the State in White County which is now owned by the United States Department of Agriculture Forest Service; and for other purposes.
Referred to the Committee on Public Property.

HR 101-337e. By Mr. Scoggin of Floyd:
A Resolution to compensate James Taylor and Lamar Shifflet of Lindale, Georgia, for injuries, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 102-337f. By Mr. Green of Rabun: A Resolution to authorize the Governor and Director of the Department

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JOURNAL OF THE HOUSE,

of State Parks, Historic Sites and Monuments acting for and on behalf of the State of Georgia to negotiate for the purpose of trading or swapping certain land within the County of Rabun, value for value, for the improvement and development of Black Rock Mountain State Park, and for other purposes.
Referred to the Committee on Public Property.

HB 338. By Messrs. Williams of Franklin, Jordan of Gwinnett, Bentley of Cobb and Harris of Bibb:
A Bill to be entitled an Act to limit the time within which application for a Year's Support may be filed; and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 339. By Messrs. Williams of Franklin, Jordan of Gwinnett and Harris of Bibb:
A Bill to be entitled an Act to amend an Act relating to the borrowing of money and making of contracts by a guardian, so as to provide that a guardian may borrow money for the purposes of preserving the ward's estate; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 340. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to provide that the Members of the Board of Education of Richmond County shall be elected by the voters of Richmond County at large, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 103-337g. By Mr. Mauldin of Gordon:
A Resolution to provide for the furnishing of certain law books by the State Librarian to the Clerk of the Superior Court of Gordon County, and for other purposes.
Referred to the Committee on Special Judiciary.

HR 104-337h. By Messrs. Hand of Mitchell and Smith of Emanuel:
A Resolution proposing an amendment to the Constitution relating to County School Superintendents, so as to provide for optional methods of selecting the members of the County Board of Education; and for other purposes.
Referred to the Committee on Education #1.

HR 105-337i. By Messrs. Turner, McWhorter and Rutland of DeKalb:
A Resolution authorizing and directing the State Librarian to furnish to the Civil Court of DeKalb County certain volumes of Georgia reports, and for other purposes.
Referred to the Committee on Special Judiciary.

WEDNESDAY, JANUARY 28, 1953

229

HR 106-337j. By Messrs. Watson of Dougherty, Gowen of Glynn, Conger of Decatur, Smith of Emanuel and Adams of Evans, and many others:
A Resolution proposing an amendment to the Constitution relating to exemptions from taxation; providing for the exclusion of church property except such property from which income is derived, and for other purposes.
Referred to the Committee on Ways and Means.

HR 107-337k. By Mr. Lokey of Fulton:
A Resolution to <.'Ompensate Clyde E. Sinyard for damages to his automobile when struck by a vehicle owned by the Department of Public Safety, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 108-3371. By Mr. Ivey of Newton:
A Resolution to provide for the furnishing of certain law books by the State Librarian to the Ordinary of Newton County, and for other purposes.
Referred to the Committee on Special Judiciary.
HR 109-337m. By Mr. Dean of Towns:
A Resolution requesting the Speaker of the House of Representatives to appoint three members, and the President of the Senate to appoint two Senators to serve on a committee to study proposed changes of the State Highway System of Georgia, and for other purposes.
Referred to the Committee on Highways #2.
HR 110-337n. By Messrs. Edenfield of Mcintosh, Gowen and Nightingale of Glynn, Buie of Camden, Smiley of Liberty, and Haar, Sipple and McGee of Chatham:
A Resolution to create a Commission to study the advisability of creating a new department to administer and enforce the Game and Fish Laws in the six tidewater counties of this State, and for other purposes.
Referred to the Committee on Game and Fish.
HR 111-337o. By Mr. Hodges of Butts:
A Resolution authorizing the Governor, acting for and on behalf of the State of Georgia, to convey certain property in Butts County in exchange for property deeded to the State of Georgia in Indian Springs State Park, and for other purposes.
Referred to the Committee on Public Property.
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

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JOURNAL OF THE HOUSE,

bills and resolution of the Senate and House to wit:

SB 37. By Senator Killingsworth of the 11th:
A Bill to provide for holding the Superior Court of Clay County on the third Mondays in March and November; and for other purposes.

SB 41. By Senator Hendrix of the 3rd:
A Bill to amend the Act creating the City Court of Ludowici by providing that the governing authorities of Long County shall supplement the fees of the solicitor of the city court in the event the fees amount to less than $1500; and for other purposes.
SB 42. By Senator Blit{!h of the 5th:
A Bill to amend the Act creating the Board of Commissioners of Roads and Revenues of Clinch County; to fix the salaries of the chairman; and for other purposes.

SB 33. By Senators Campbell of the 31st, Edenfield of the 4th, Millican of the 52nd and Carlisle of the 51st:
A Bill to amend the Code of Georgia to provide for women to serve on juries; and for other purposes.
SB 21. By Senator Jordan of the 25th and Singleton of the 24th:
A Bill to provide a contingent expense allowance from the State Treasury for judges and solicitors general of the superior courts in the amount of $200 per month; and for other purposes.

HB 29. By Senators Hawes of the 29th, Edenfield of the 16th, and Dean of the 34th:
A Bill to provide for the retention and disposition of bank records; to provide what records shall be retained permanently; to provide that superintendent of banks may issue regulations providing for period of time for which certain records may be kept, 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 substitute by the requisite constitutional majority the following bill of the House to wit:

HB 34. By Messrs. Smith, H. Smith and Lokey of Fulton:
A Bill to amend an Act establishing a new charter for the City of Atlanta; to permit the erection and maintenance of an overhead passageway across certain streets.

Mr. Lavender of Elbert County, Chairman of the Committee on Counties and County Matters submitted the following report:

WEDNESDAY, JANUARY 28, 1953

231

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 212. Do Pass. HB 140. Do Pass. HB 39. Do Pass. HB 193. Do Pass. HB 226. Do Pass. HB 75. Do Pass. HB 74. Do Pass. HB 214. Do Pass. HB 76. Do Pass. HB 211. Do Pass. HB 190. Do Pass. HB 123. Do Pass. HB 222. Do Pass. HB 40. Do Pass. HB 172. Do Pass. HB 227. Do Pass. HB 159. Do Pass. HB 219. Do Pass. HB 77. Do Pass. HB 85. Do Pass.
HB 178. Do Pass. HB 223. Do Pass. HB 191. Do Pass. HB 224. Do Pass.
HB 184. Do Pass. Respectfully submitted, Lavender of Elbert, Chairman.

Mr. Duncan of Carroll County, Chairman of the Committee on Education # 2,
submitted the following report:

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JOURNAL OF THE HOUSE,

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 16. Do Pass by Substitute.
Respectfully submitted,
Duncan of Carroll,
Chairman.

Mr. Hoke Smith of Fulton 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 256. Do Pass. HB 257. Do Pass. HB 258. Do Pass. HB 273. Do Pass. HB 274. Do Pass. HB 276. Do Pass. HB 277. Do Pass. HB 279. Do Pass. SB 5. Do Pass. SB 16. Do Pass. SB 9. Do Pass. SB 32. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.

Mr. Blalock of Coweta 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 Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 232. Do Pass.

WEDNESDAY, JANUARY.28, 1953

233

HR 7-42a. Do Pass. HR 11-42e.. Do Not Pass.

Respectfully submitted, Blalock of Coweta, 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 of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 3. Do Pass.
HB 196. Do Pass.
Respectfully submitted,
Greer of Lanier,
Chairman.

Mr. Jordan of Wheeler County, Chairman of the Committee on Veterans Affairs, has submitted the following report:

Mr. Speaker:

Your Committee on Veterans Affairs has had under coftsideration 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 53-242a. Do Pass.

HR 65-242c. Do Not Pass.

Respectfully submitted, Jordan of Wheeler, Chairman.

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

HB 3. By Mr. Walker of Rockdale:
A bill to be entitled an Act to require lifeguards to be maintained on duty !lt commercially oper~ted swimming places, and for other purposes.

HB 16. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to provide that the State Board of Education may hold meetings anywhere within or without this State, and for other purposes.

234

JOURNAL OF THE HOUSE,

HB 39. By Mr. Tallant of Cherokee:
A Bill to be entitled an Act to change the times of holding the Superior Court of Cherokee County, and for other purposes.

HB 40. By Mr. Holloway of Gilmer:
A Bill to be entitled an Act to change the time of holding the Superior Court of Gilmer County, and for other purposes.

HB 74. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend Section 21-105 of the Code of Georgia so as to provide that the Coroner of certain counties shall be paid a salary of $780.00, and for other purposes.

HB 75. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Solicitor of the City Court of Waycross, and for other purposes.

HB 76. By Messrs. Mincy and Frier of Ware:
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 Waycross, and for other purposes.

HB 77. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act so as to provide that the Rules of Procedure adopted by the Supreme Court on January 12, 1946 shall apply to the City Court of Waycross, and for other purposes.
HB 85. By Mr. Potts of Coweta:
A Bill to be entitled an Act to provide for the terms of the Superior Court of Coweta County, and for other purposes.

HB 123. By Messrs. Jordan and White of Gwinnett:
A Bill to be entitled an Act to amend an Act so as to change the time for holding the Superior Court of Gwinnett County, and for other purposes.
HB 140. By Mr. Deen of Bacon:
A Bill to be entitled an Act to amend an Act so as to provide for holding four terms a year of the Superior Court of Bacon County, and for other purposes.
HB 159. By Mr. Cowart of Stewart:
A Bill to be entitled an Act to provide the Sheriff of Stewart County with a supplemental salary, and for other purposes.
HB 172. By Messrs. Haar, Sipple, and McGee of Chatham:
A Bill to be entitled an Act to amend an Act creating the Commissioners of Chatham County, and for other purposes.

WEDNESDAY, JANUARY 28, 1953

235

HB 178. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to amend an Act so as to eliminate the requirement that 51 per cent of the property owners concerned must consent to establishment of restricted zones in Hall County, and for other purposes.

HB 184. By Messrs. Gunter and Terrell of Hall: A Bill to be entitled an Act to amend an Act so as to change the manner of electing members to the Board of Commissioners of Roads and Revenues of Hall County, and for other purposes.
HB 190. By Mr. Hurst of Quitman: A Bill to be entitled an Act to provide supplemental compensation to the Ordinary of Quitman County, and for other purposes.
HB 191. By Mr. Hurst of Quitman: A Bill to be entitled an Act to provide supplemental compensation to the Sheriff of Quitman County, and for other purposes.
HB 193. By Mr. Hurst of Quitman: A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Quitman County, and for other purposes.

HB 196. By Messrs. Williams of Bulloch and Lanier of Candler:
A Bill to be entitled an Act to provide for the issuance of permits to operators of tourist courts, and for other purposes.

HB 211. By Mr. Best of Clay:
A Bill to be entitled an Act to repeal an Act creating the Board of Commissioners of Clay County and to create a Board of Commissioners of Roads and Revenues of Clay County, and for other purposes.

HB 212. By Mr. Turk of Wilcox:
A Bill to be entitled an Act to provide for holding three terms a year of the Superior Court of Wilcox County, and for other purposes.

HB 214. By Messrs. Haar, McGee, and Sipple of Chatham:
A Bill to be entitled an Act to provide that in certain counties jurors summoned to appear in superior courts shall serve for a specified number of days, and for other purposes.

HB 219. By Mr. Deal of Bryan:
A Bill to be entitled an Act to provide supplemental compensation to the Ordinary of Bryan County, and for other purposes.

HB 222. By Mr. Flynt of Taliaferro:

236

JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to repeal an Act requiring the County Board of Education of Taliaferro County to publish a list of its expenditures monthly, and for other purposes.

HB 223. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to repeal an Act requiring the Board of Commissioners of Roads and Revenues of Taliaferro County to publish a list of its expenditures monthly, and for other purposes.

HB 224. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to provide that the Chairman of the Board of Commissioners of Roads and Revenues of Taliaferro County be authorized to pay all present indebtedness of said county, and for other purposes.
HB 226. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to repeal an Act requiring the Board of Education of Taliaferro County to receive at least three bids on all purchases amounting to $500.00 or more, and for other purposes.
HB 227. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to repeal an Act requiring the Board of Commissioners of Roads and Revenues of Taliaferro County to receive at least three bids on all purchases amounting to $500.00 or more, and for other purpose!!.
HB 232. By Messrs. Hand and Twitty of Mitchell, and others.
A Bill to be entitled an Act to authorize the Governor to lease or transfer Alto Tuberculosis Sanatorium to the State Hospital Authority, and for other purposes.
HB 256. By Messrs. Jordan and White of Gwinnett:
A Bill to be entitled an Act to create a new charter for the City of Norcross, and for other purposes.

HB 257. By Messrs. Bell, Holley, and Graham of Richmond:
A bill to be entitled an Act to amend an Act so as to provide for the election of members of the City Council of Augusta, and for other purposes.
HB 258. By Messrs. Harris, McKenna, and Groover of Bibb:
A Bill to be entitled an Act to vest title in the City of Macon to certain portions of New, Spring, Hemlock, and First Streets, and for other purposes.

HB 273. By Messrs. Hollis, Pickard, and Young of Muscogee: A Bill to be entitled an Act to amend an Act -so as to Pl'9Vide for four~

WEDNESDAY, JANUARY 28, 1953

23'7

year terms of office for members of the Commission of the City of Columbus, and for other purposes.

HB 274. By Messrs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus authority to sell or convey parts or all of certain tracts of land, and for other purposes.

HB 276. By Messrs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act to amend an Act so as to provide for fixing the dates and times of primary elections for members of the Commission of the City of Columbus, and for other purposes.

HB 277. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to amend an Act so as to authorize the Town of Milner to close a certain portion of First Street, and for other purposes.

HB 279. By Mr. Ingle of Murray:
A Bill to be entitled an act to authorize the Town of Spring Place to close a certain portion of an alley leading from the Carters Quarter Road, and for other purposes.

HR 7-42a. By Mr. Dean of Towns:
A Resolution authorizing the Governor and the Director of State Parks to negotiate for title or lease of property in the Chatuge Lake Area, and for other purposes.

HR 53-242a. By Messrs. Perkins of Carroll, Cowart of Stewart, and others:
A Resolution proposing a constitutional amendment authorizing the General Assembly to provide for a bonus to veterans, and for other purposes.

SB 5.

By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Atlanta, and for other purposes.

SB 9.

By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to authorize the sale of water main in Cobb County by the City of Atlanta, and for other purposes.

SB 16. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide for credit for water main assessments, and for other purposes.

SB 32. By Senator Carlisle of the 51st:

238

JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to amend an Act so as to ratify the ordinance of the City of Macon closing a certain portion of an alley running through Block 100, 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 37. By Mr. Dews of Calhoun:
A Bill to be entitled an Act to amend an Act so as to change the terms of the Commissioners of Roads and Revenues of Calhoun County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of thP- bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 60. By Mr. Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Sheriff and certain other county officers of Bleckley 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.

HR 20-87c. By Messrs. Mincy and Frier of Ware:
A Resolution requesting the State Librarian to furnish certain law books to the Ordinary of Ware 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.
The resolution, having received the requisite constitutional majority, was adopted.

HR 24-87g. By Messrs. Cornelius and Dunaway of Polk:
A Resolution requesting the State Librarian to furnish certain law books to the Superior Court of Polk County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 106, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, JANUARY 28, 1953

239

HR 25-87h. By Mr. Potts of Coweta:
A Resolution requesting the State Librarian to furnish certain law books to the Ordinary of Coweta 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 107, nays 0.
I
The resolution, having received the requisite constitutional majority, was adopted.

HR 31-124c. By Mr. Green of Rabun:
A Resolution requesting the State Librarian to furnish certain law books to the Superior Court of Rabun County, and for other purposes.

The report to 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.

HB 175. By Messrs. Murr and Carter of Sumter:
A Bill to be entitled an Act to establish the salary of the Ordinary of Sumter County, and for other purposes.

The report of the Committee, which was favorable to the adoption of the rewas 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 188. By Messrs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act to authorize the employment of a clerk by the Boards of Tax Assessors 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.

HB 192. By Mr. Ray of Warren:
A Bill to be entitled an Act to authorize the payment of supplementary compensation to the Tax Receiver of Warren County, and for other purposes.

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

240

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.
HR 43-202e. By Mr. Turk of Wilcox:
A Resolution requesting the State Librarian to furnish certain law books to the Superior Court of Wilcox County, and for other purposes.
The report of the Committee, which was favorable to the adoption ~f 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 221. By Messrs. Hicks, Scoggin, and Hall of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide how demands for trial by jury shall be made in the 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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 11. By Senator Cates of the 17th:
A Bill to be entitled an Act to provide supplementary compensation to the Ordinary of Burke 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 14. By Senator Risner of the 30th:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Tax Commissioner 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 16. By Senator Browning of the 2nd:
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 Hinesville, and for other purposes.

WEDNESDAY, JANUARY 28, 1953

241

The report 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 22. By Senator Jordan of the 25th:
A Bill to be entitled an Act to change the compensation of the members of the Board of County Commissioners of Talbot County, and for other purposes.

The report' of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 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 21. By Senators Jordan of the 25th and Singleton of the 24th:
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 and Solicitors General of the Superior Courts of the judicial circuits of the State of Georgia, and for other purposes.
Referred to the Committee on General Judiciary # 1.

SB 33. By Senators Campbell of the 31st, Edenfield of the 4th, Millican of the 52nd, Carlisle of the 21st and Blitch of the 5th:
A Bill to be entitled an Act to amend the Code of Georgia to provide for women to serve on juries, and for other purposes.
Referred to the Committee on General Judiciary # 1.

SB 37. By Senator Killingsworth of the 11th:
A Bill to be entitled an Act to provide the time for holding the Superior Court of Clay County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 41. By Senator Hendrix of the 3rd:
A Bill to be entitled an Act to create the City Court of Ludowici, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 42. By Mrs. Blitch of the 5th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Clinch County, and for other purposes.

242

JOURNAL OF THE HOUSE,

Referred to the Committee on Counties and County Matters.

Under the regular order of business, the following Bills of the House were

again taken up for consideration:



HB 71. By Messrs. Ray of Warren, Greer of Lanier, and others:
A Bill to be entitled an Act to create the positions of Associate Public Service Commissioners, and for other purposes.

The following amendment to HB 71 was read and adopted:
Mr. Kemp of Clayton moves to amend HB 71 by striking from Section 1 thereof the words "and allowances" wherever the same appears so that said section as amended will read as follows:
Section one: Be it enacted by the General Assembly of the State of Georgia that there is hereby created the positions of Associate Public Service Commissioners. No person shall be eligible to be appointed to said offices except a person occupying the position of the Georgia Public Service Commissioner, and who has attained the age of 65 years and who has been in continuous service as a Georgia Public Service Commissioner for more than 18 years. The Governor shall appoint to any such position anyone eligible under the provisions of this Act who shall advise the Governor in writing that he desires to resign from the position of Georgia Public Service Commissioner and accept appointment as Associate Public Service Commissioner and upon such appointment being made by the Governor, the resignation shall automatically be effective. The Associate Public Service Commissioner shall receive annual compensation in monthly installments equal to two-thirds of the annual compensation provided by law for members of the Georgia Public Service Commission at the time of the appointment of such Associate Public Service Commissioner. Said compensation shall be paid from funds appropriated by the Legislature for the operation of the Georgia Public Service Commission.
Mr. Matthews of Clarke moved the previous question, and the motion prevailed.

The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 111, nays 23.
The bill having received the requisite constitutional majority, was passed, as amended.

HB 72. By Messrs. McCracken of Jefferson, Matthews of Clarke, 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.
Mr. Connell of Lowndes moved the previous question, and the motion prevailed.
The following amendment to HB 72 was read and adopted:

WEDNESDAY, JANUARY 28, 1953

243

Mr. Boggus of Ben Hill moves to amend HB 72 to read as follows: "Provided, that the amount of $3600 per annum shall be the only amount appropriated for expense and subsistence and shall in nowise exceed the said $3600 per year for any cause whatsoever."

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. Stewart of Echols 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 Adams of Upson Alexander Barber of Jackson Baughman Bell Best Birdsong Blackburn Blalock Bodenhamer Boggus Bray
Britton Byrd Campbell of Oconee Campbell of Walker Carswell
Carter Coffin Coker Conger Connell Cornelius Dean of Towns Denton Dews Drinkard Dunaway Duncan Durham Edenfield Fowler Gardner Gillis Goodson
Gowen Graham

Green of Rabun Greene of Crisp Greer Groover of Bibb Gunter Haar Hall Harrell Harris Hicks Holley Hollis Huddleston Hurst Ivey Jackson Jessup Jones of Lumpkin Jordan of Wheeler Key King Lanier Lewis Lokey McCracken Mcerllrity
McWhorter Martin Matheson Matthews Mobley Moore of White Moye Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove

Nightingale Perkins Phillips of Columbia Pickard Potts Ray
Rowland Russell Rutland Scoggin
Short Sipple of Chatham Smith of Cobb Smith of Emaunel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stocks Strickland Swindle Tallant Tamplin Tarbutton Tarpley
Todd Trapnell Tumlin Turner Twitty Upshaw Ursrey Veal Walker Weems Wiggins Williams of Bulloch Young

Those voting in the negative were Messrs.:

Adams of Evans Ayers
Barber of Colquitt

Bentley Black Blvodworth

Bolton Brantley Buie

244

JOURNAL OF THE HOUSE,

Callier Chastain Clark Clary
Cloud Cowart Cummings Deen of Bacon Floyd
Foster Frier Garrard Gilder Green of Baldwin Grimsley Groover of Troup Hamilton Harper

Harrison of Wayne Hayes Henderson Holloway Holton Hopkins Hughes Ingle Johnson Jordan of Gwinnett Kemp
Land Lifsey Little Lovett McKenna Mincy Moate

Moore of Pickens Moses Nelson Otwell Phillips of Walton Raulerson Register Sivell Smiley
Stevens of Marion Stewart Turk Wardlow Watson White Whitener Williams of Franklin Williams of Tift

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

On the passage of the bill, as amended, the ayes were 113, nays 63.

The bill, having received the requisite constitutional majority, was passed, as amended.

HB 100. By Messrs. Murphy of Haralson, Cornelius of Polk, and others:
A Bill to be entitled an Act to amend an Act creating the office of solicitor-general emeritus, and for other purposes.

Mr. Lovett of Laurens moved that HB 100 be tabled. On the motion to table, the ayes were 72, nays 41. The motion. prevailed, and HB 100 was placed on the table.

HB 134. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act so as to provide expanded telephone service outside of rural areas, and for other purposes.

The following substitute to HB 134, offered by Mr. Lanier of Candler, was read and adopted:

A BILL
To be entitled an Act to amend an Act providing for rural telephone cooperative corporations and providing for rural telephone service, which Act is known as the "Rural Telephone Cooperative Act", approved February 15, 1950 (Ga. Laws 1950, p. 192), as amended, particularly as amended by an Act approved January 31, 1952 (Ga. Laws 1952, p. 4); provides for furnishing, improving, expanding and purchasing of telephone service, equipment and facilities outside of rural areas; to repeal conflicting laws and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

WEDNESDAY, JANUARY 28, 1953

245

Section 1. An Act providing for rural telephone cooperative corpora-

tions and providing for rural telephone service, which Act it known as

<'j

the "Rural Telephone Cooperative Act", approved February 15, 1950

(Ga. Laws 1950, p. 192), as amended, particularly as amended by an Act

approved January 31, 1952 (Ga. Laws 1952, p. 4), is hereby amended

by adding at the end of Section 4 (e) of said Act the following:

"Provided, however, that the provisions of Section 4 and any other provisions of this Act shall not in any way deter or prevent cooperatives from furnishing, improving, expanding or purchasing existing telephone lines, facilities or !!YStems, land, buildings, structures, plants and equipment, exchanges, and any other real or personal property, tangible or intangible, from existing telephone companies desiring to sell in cities having populations of not more than 2,100 and not less than 2,075, according to the last or any future Federal census;", so that said section, when so amended, shall read as follows:

" (e) To construct, purchase, lease as lessee, or otherwise acquire, and to improve, expand, install, equip, maintain, and operate, and to sell, assign, convey, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber, telephone lines, facilities or systems, lands, buildings, structures, plants and equipment, exchanges, and any other real or personal property, tangible or intangible, which shall be deemed neccessary, convenient or appropriate to accomplish the purpose for which the cooperative is organized; provided, that no cooperative shall construct, purchase, lease as lessee, take, receive, or other wise acquire, improve, expand, install, equip, maintain, or operate any telephone lines, facilities or system, lands, buildings, structures, plants and equipment, exchanges, or any other real or personal property, tangible or intangible, within (1) the boundaries of any incorporated or unincorporated city, town, village, or borough within this State having a population in excess of 1,500 inhabitants according to the last preceding Federal census, and (2) any suburban or populated area contiguous to the boundaries of any such city, town, village, or borough having a common economic, social, or administrative interest with any such city, town, village or borough; provided, however, that the provisions of Section 4 and any other provisions of this Act shall not in any way deter or prevent cooperatives from furnishing, improving, expanding or purchasing existing telephone lines, facilities or systems, land, buildings, structures, plants and equipment, exchanges, and any other real or personal property, tangible or intangible, from existing telephone companies desiring to sell in cities having populations of not more than 2,100 and not less than 2,075, according to the last or any future Federal _census;".

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed;

Mr. Bell of Richmond moved that further action on HB 134- be postponed to February 4, 1953, and the motion was lost.

Mr. H. Smith of Fulton moved that the substitute to HB 134 be printed and

that copies thereOf be distributed to the members of the House, and the motion

was lost.



The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.

246

JOURNAL OF THE HOUSE,

On the passage of the bill, by substitute, the ayes were 125, nays 4.
The bill, having received the requisite constitutional majority, was passed, by substitute.

Under the regular order of business, the following Bills of the House were taken up for consideration, and read the third time:

HB 13. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to provide for the teaching of a course in Federal and State Government in high schools, and for other purposes.

The following amendment HB 13 was read and adopted:
Mr. Freeman of Monroe moves to amend HB 13 by adding at the end of Paragraph 2 the following: "Provided, however, the length of teaching periods may be fixed so that the total time devoted to said course of study shall be sufficient to earn one-half unit of credit."

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

HB 104. By Messrs. Hand and Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend Section 95-1001 of the Code of Georgia relating to a county's liability for injuries caused by defective bridges, and for other purposes.

The following Committee substitute to HB 104 was read and adopted:

AN ACT
To amend Code Section, Section 95-1001 of the Code of Georgia of 1933, relating to condition of contractor's bonds, and County's liability for injuries caused by defective bridges, by defining a bridge, and limiting the liability of the County for injuries occurring on the approaches to a bridge, 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 95-1001 of the Code of Georgia of 1933, relating to condition of contractor's bond, and County's liability for injuries caused by defective bridges, be amended by adding to the end of said Section the following:
"The term 'bridges' in this Code Section shall be defined as a

WEDNESDAY, .JANUARY 28, 1953

247

.

structure erected to afford unrestricted vehicular traffic over an obstruction in the public highways of the State, including rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public highways and canals; the term bridges as defined in this section shall include the approaches to the structure previously defined within fifty (50) feet of either end of said structure except where the bridge itself measures One hundred (100) feet or more and in said event within one hundred (100) feet .of either end of said structure."

So that said Code Section 95-1001 when so amended shall read as follows:

"95-1001. Condition of contractor's bond. County's liability for injuries caused by defective bridges - When the contract for a public ' bridge, ferry, or causeway is let, the contractor's bond shall be conditioned also to keep it in good repair for at least seven years, and as many more years as may be covered by the contract: Provided, that such contract may be let under existing laws without requiring the aforesaid condition in the contractor's bonds, if in the opinion of the Commissioners of roads and revenues, or of the ordinary in counties where there are no such commissioners, it would be to the public in.terest to dispense with said condition in said bonds: Provided, however, that in every case the county shall be primarily liable for all injuries caused by reason of any defective bridges, whether erected by contractors or county authorities. The term "bridges" in this Code Section shall be defined as a structure erected to afford unrestricted vehicular traffic over an obstruction in the public highways of the State, including rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public highways and canals; "the term bridge as defined in this section shall include the approaches to the structure previously defined within fifty (50) feet of either end of said structure except where the bridge itself measures one hundred (1.00) feet or more and in said event within one hundred (100) feet of either end of said structure."

SECTION 2.
That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
. The report of the C~mmittee, 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.

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.

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Representatives Hall, Atlanta, Georgia. Thursday, January 29, 1953.

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 Reverend DeWitt Shippey, Pastor, Quitman Methodist Church, Quitman, Georgia.

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

Mr. Garrard of Wilkes, Chairman of the Committee on Journals,_ reported that the Journal of yesterday's proceedings bas 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 con~ents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bill and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills, and general Bills with local application.
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 of the House were

introduced, read the first time and referred to the Committees:



HB 34L By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to provide for payment out of ihe County Treasury for pre-sentence psychiatric examination in criminal courts of all counties having a population of 300,000 or more, and for other purposes.
Referred to the Committee on Municipal Government.

HB 342. By Messrs. Sipple, McGee and Haar of Chatham:
A Bill to be entitled an Act to establish a Traffic Commission for the City of Savannah and the County of Chatham, and for other purposes.
Referred to the Committee on Municipal Government.

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249

HB 343. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act which abolishes the office of Tax receiver F.nd tax collector of Webster County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 344. By Mr. Black of Webster: A Bill to be entitled an Act to provide that the Sheriff of Webster County shall receive fifty dollars per month in addition to all fees and compensation, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 345. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act which abolishes the office of Tax Receiver and Tax Collector of Webster County, and for other purposes. Referred to the Committee on Counties and County Matters.
HB 346. By Mr. Black o.f Webster: A Bill to be entitled an Act to amend an Act which created the office of Commissioner of Roads and Revenues of the County of Webster, and for othel" purposes.
Referred to the Committee on Counties and County Matters.
HB 347. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act creating and establishing Juvenile Courts, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 348. By Mr. Black of Webster:
A Bill to be entitled an Act to provide that the Clerk of the Superior Court of Webster County shall receive fifty dollars per month in addition to all fees and compensation, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 349. By Messrs. Williams and Trapnell of Bulloch:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Statesboro, so as to create a Recorder's Court, and for other purposes.
Referred to the Committe on Municipal Government.

HB 350. By Mr. Black of Webster: A Bill to be entitled an Act to provide the Ordinary of Webster County

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JOURNAL OF 'THE HOUSE,

shall receive fifty dollars per month in addition to all fees and compensation, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 351. By Mr. Ray of Warren:
A Bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver of Warren County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 352. By Mr. Drinkard of Lincoln:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Lincoln County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 353. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend an Act relating to judgment against bail, so as to authorize the presiding judge to order the scire facias returnable to another term of court, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 354. By Messrs. Twitty of Mitchell, Ray of Warren, Lavender of Elbert and .Smith of Emanuel:
A Bill to be entitled an Act to levy and provide for the collection of taxes for the support of the Government and institutions of the State; to prescribe rates for taxation of certain property heretofore classified as intangible property; to define and provide for taxation of long term notes secured by real estate; to levy and provide for an excise tax on State Building and Loan Associations, cooperative banks without capital stock, and Federal Savings and Loan Associations, and for other purposes.
Referred to the Committee on Ways and Means.
HB 355. By Messrs. Ray of Warren, Lavender of Elbert, Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to provide that the income tax returns of all persons serving in the armed forces of the United States between Jan. 1, 1950 and the termination of the Korean Conflict shall be computed or recomputed so as to allow a deduction from the gross income for any year of so much of the compensation for such services as does not or did not exceed fifteen hundred dollars in addition to all other deductions allowed by law, etc., and for other purposes.
Referred to the Committee on Ways and Means.
HB 356. By Messrs. Ray of Warren, Lavender of Elbert, Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as "An Act to make

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251

comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue and the office of State Revenue Commissioner, and for other purposes.
Referred to the Committee on Ways and Means.

HB 357. By Messrs. Ray of Warren, Lavender of Elbert, Twitty of Mitchell 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 the sales or use tax imposed by the Georgia Retailers' and Consu;m.ers' Sales and Use Tax Act shall not apply to school lunches sold and served to pupils and employees of public schools, and for other purpO~E;lS.
Referred to the Committee on Ways and Means.

HB 358. By Messrs. Ray of Warren, Lavender of Elbert, Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to provide that for income tax purposes all
persons serving in the armed forces of the U. S. between Jan. 1, 1950 and the termination of the Korean Conflict may deduct from their gross income for any year so much of their compensation for such services as does not exceed $1500, and to exempt such compensation from any income tax; and for other purposes.
Referred to the Committee on Ways and Means.
HB 359. By Messrs. Ray of Warren, Lavender of Elbert, Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act relating to limitations on capital gains and losses, so as to provide that the percentage of income taken into account for any taxable year in which the net long term capital gain exceeds the net short term capital loss shall be the same for corporations as other taxpayers, and for other purposes.
Referred to the Committee on Ways and Means.
HB 360. By Mr. Ayers of Madison:
A Bill to be entitled an Act to provide that in any county having a population of not less than 12,202 nor more than 12,387, any person charged with the offense of hunting or fishing without a license shall be allowed to enter a plea of guilty in, the Court of Ordinary of such county, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 361. By Mr. Tamplin of Morgan:
A Bill to be entitled an Act to amend an Act relating to pension entitlements for widows of Confederate Soldiers, and for other purposes.
Referred to the Committee on Pensions.
HB 362. By Messrs. Stewart of Echols, Register of Lowndes, Greer of Lanier, Stephens of Clarke and others:

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JOURNAL OF THE HOUSE,

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 Industrial Relations.

HR 112-362a. By Mr. Ingle of Murray:
A Resolution to authorize the Governor to enter into an agreement of settlement with, and to convey the interest of the State in certain property located in Murray County, and for other purposes.
Referred to the Committee on Public Property.

HR 113-362b. By Mr. Lovett of Laurens:
A Resolution ordering the State Department of Agriculture to reimburse M. E. Cochran for loss in the value of livestock due to quarantine of the livestock, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 114-362c. By Mr. Murphy of Haralson:
A Resolution to provide the Ordinary of Haralson County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Appeals Reports, and for other purposes.
Referred to the Committee on Public Library.

HR 115-362d. By Mr. Murphy of Haralson:
A Resolution to provide the Clerk of the Superior Court of Haralson County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Appeals Reports, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 116-362e. By Messrs. Holton and Hayes of Coffee:
A Resolution proposing an amendment to the Constitution authorizing Coffee County to levy a tax not exceeding one-half mill on all the taxable property, etc., and for other purposes.
Referred to the Committee on Amendment to Constitution # 1.

HR 117-362f. By Messrs. Adams and Brantley of Upson:
A Resolution to compensate Raymond T. Ray of the Georgia State Patrol, for injuries received while employed by the State of Georgia, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 118-362g. By Messrs. Adams and Brantley of Upson:
A Resolution to compensate Claude L. Everett of the Georgia State Patrol, for injuries received while engaged in his duties as employee of the State of Georgia; and for other purposes.

THURSDAY, JANUARY 29, 1953

253

Referred to the Committee on Special Appropriations.

HR 119-362h. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Resolution authorizing the State Librarian to furnish to the Criminal Court of Fulton County certain law books, and for other purposes.
Referred to the Committee on Public Library.

HB 363. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Court Reporter of the Superior Court of Richmond County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 364. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Court Reporter of the City Court of Richmond County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 365. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Social Circle; and for other purposes.
Referred to the Committee on Municipal Government.

HB 366. By Messrs. Carswell of Burke, Ray of Warren, Twitty of Mitchell, Smith of Emanuel, Gowen of Glynn and Greer of Lanier:
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 Highways No. 1.

HB 367. By Messrs. Adams and Brantley of Upson, Veal of Putnam, Musgrove of Clinch, Rowland of Johnson, Lavender of Elbert and Gowen of Glynn:
A Bill to be entitled an Act to amend an Act relating to the application and trial of divorce disabilities, by providing that the Judge trying applications for relief from divorce disabilities shall be able to remove such disabilities without the findings of a jury where no cross-action or formal objections are filed, and for other purposes.
Referred to the Committee on General Judiciary #1.

HR 120-367a. By Messrs. Gardner and Watson of Dougherty:
A Resolution authorizing the Governor, acting for and on behalf of the State of Georgia, to convey certain property in Dougherty County, being a portion of Chehaw State Park, etc., and for other purposes.
Referred to the Committee on Public Property.

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JOURNAL OF THE HOUSE,

HB 368. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act to raise salaries of the Municipal Court of the City of Augusta, and for other purposes.
Referred to the Committee on Municipal Government.

HB 369. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Solicitor General of Richmond County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 370. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Assistant Solicitor General of Richmond County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 371. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to be entitled an Act authorizing Richmond County to levy assessments for paving sidewalks and curbing in certain sub-divisions, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 372. By Messrs. Haar, McGee and Sipple of Chatham:
A Bill to be entitled an Act to amend an Act to authorize and empower the Commissioners of Chatham County and Ex-Officio Judges thereof to create a Pension Board, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 373. By Messrs. Stewart of Echols, McGee of Chatham, Mincy of Ware, Stephens of Clarke and Terrell of Hall:
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.
Referred to the Committee on Hygiene and Sanitation.

HB 374. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act providing for the disposition of fines and forfeitures in counties having a population of not less than 6,700 nor more than 6,740, and for other purposes.
Referred to the CommHtee on Counties and County Matters.
HR 121-374a. By Mr. Tarpley of Union:
A Resolution to provide Georgia Supreme Court Reports and Georgia Appeals Reports to Union County, and for other purposes.
Referred to the Committee on Public Library.

THURSDAY, JANUARY 29, 1953

255

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

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

SB 6. By Senator Millican of the 52nd:
A Bill to amend Code Section 34-1907 relating to the preparation of ballots so as to provide for the delivery of sample ballots to newspapers of general circulation and to authorize the publishing of same as public information, and for other purposes.

SB 7. By Senator Millican of the 52nd:
A Bill to repeal paragraph 6 of section 34-1303 of the Code and to substitute a new paragraph to provide that election managers may not begin the counting of votes in any election until the polls are closed, and for other purposes.
SB 19. By Senators Blitch of the 5th, Coker of the 39th, Brown of the 40th and Cates of the 17th:
A Bill to authorize the State Department of Veterans Service to purchase an ambulance for transporting Georgia veterans to and from hospitals, and for other purposes.
SB 46. By Senator Edenfield of the 4th:
A Bill to amend the Act creating the Jekyll Island State Park Authority by providing said Authority may improve and lease not more than onehalf of the land area of Jekyll Island; to provide said authority may incorporate restricted limitations on the use of Jekyll Island lots in its sub-leases; by providing that no party other than a lending institution may hold under lease more than three lots, and for other purposes.
SR 11. By Senator Jordan of the 25th:
A Resolution authorizing the Governor to negotiate for the swapping of land owned by the State in land lot 18 for all of the land contained in land lot 13 in the second district of Harris County to be used for State park, 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 of the House to wit:
HB 61. By Mr. Hand of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "Revenue Certificate Law of 1937", to provide fees for validation by the Clerk of the Superior Court for revenue certificates; and for other purposes.

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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 to wit:

HB 1. By Mr. Callier of Talbot:
A Bill to be entitled an Act to amend Section 47-101 of the Code of Georgia of 1933 which section relates to apportionment of the House of Representatives among the several counties, as amended, so as to reapportion the members of the House of Representatives among the several counties according to the last census of the United States; to repeal conflicting laws, and for other purposes.

HB 2. By Messrs. Groover, Harris and McKenna of Bibb:
A Bill to be entitled an Act of the General Assembly of Georgia to grant to the Board of Public Education and Orphanage for Bibb County, its successors and assigns, certain property in the City of Macon; to describe said property; to provide for the uses of said propetry, and for other purposes.

HB 12. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel and McCracken of Jefferson:
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 of school lunches sold and served to pupils and employees of public schools; and for other purposes.

HB 15. By Messrs. King of Chattahoochee, Smith of Emanuel, Campbell of Oconee and others:
A Bill to be entitled an Act to further define the powers and duties of the Department of Mines, Mining, and Geology; to empower the Department to prospect for water supplies, and for other purposes.

HB 22. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel:
A Bill to be entitled an Act to ratify, approve and confirm the executive order of the Governor suspending the collection of income tax on the compensation, not to exceed the sum of $1500 for any one calendar year, received by any person for services as a member of the armed forces of the United States during any portion of the calendar years 1950, 1951 or 1952, and for other purposes.
HB 23. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel and McCracken of Jefferson:
A Bill to be entitled an Act to ratify, approve and confirm the executive order of the Governor suspending the collection of a corporation's income tax which would be due by a corporation because of a failure to provide a corporation the same deductions from gross income of fifty

THURSDAY, JANUARY 29, 1953

257

per centum of the excess of a net long term capital gain over a net short term capital loss as is granted an individual, and for other purposes.

HR 14. By Messrs. Freeman of Monroe, Twitty of Mitchell, Smith of Emanuel, Ray of Warren, Flynt of Taliaferro:
Be it resolved that three members from the House and two from the Senate be appointed to take part in the ceremonies of the presentation of the Bust of Alexander H. Stephens in Richmond, Virginia, and that five persons named herein be appointed as Aides to the Committee.

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 and House to wit:

SB 44. By Senators Edenfield of the 4th and Coker of the 39th:
A Bill to amend the Employees Retirement System to require at least five or more years service before being eligible for retirement; to stipulate bases for disability and other benefits with at least twenty, twentyfive or thirty years of service, and for other purposes.

SB 45. By Senators Edenfield of the 4th and Coker of the 39th:
A Bill to be entitled an Act to employ the Employees Retirement System to authorize the establishment of survivors benefits for contributing members; to establish a survivors benefit fund; to provide for rules and regulations; and for other purposes.

HB 87. By Mr. Stewart' of Echols: A Bill to be entitled an Act to amend an Act relating to the Comissioners of Roads and Revenues of Echols 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 amended by the requisite constitutional majority the
following bills and resolutions of the House to wit:

HB 38. By Mr. Stewart of Echols:
A Bill to provide that purchases made by the County Board of Education of Echols County shall be done by public bidding, and for other purposes.
Mr. Tarbutton of Washington County, Chairman of the Committee on Banks and Banking, submitted the following report:

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JOURNAL OF THE HOUSE, .

Mr. Speaker: Your Committee on Banks and Banking has had under consideration the
following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 26. Do Pass. SB 26. Do Pass. SB 28. Do Pass. SB 29. Do Pass.
Respectfully submitted, Tarbutton of Washington, Chairman.
Mr. Lavender of Elbert 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 290. HB 289. HB 283. HB 292. HB 288. HB 268. HB 280. HB 163. HB 259. HB 174. HB 262. HB 116. HB 291. HB 266. HB 281. HB 293. HB 334. HB 313. HB 310.

THURSDAY, JANUARY 29, 1953

21l9

HB 333. HB 311. HB 306. HB 332. HB 304. HB 307. HB 301. HB 305. HB 309. SB 36. SB 37. SB 41.

Respectfully submitted, Lavender of Elbert, Chairman.

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

Mr. Speaker: Your Committee on General Judiciary No. 1, has had under consideration the
following bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 11. Do Not Pass. HB 194. Do Not Pass. HB 244. Do Not Pass. HB 182. Do Not Pass. HB 96. Do Pass. HB 176. Do Pass. HB 113. Do Pass. HB 185. Do Pass. HB 180. Do Pass.
Respectfully submitted, Hollis of Muscogee, Chairman.

Mr. Hoke Smith of Fulton County, Chairman of the Committee on Municipal Government, submitted the following report:

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JOURNAL OF THE HOUSE,

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. HB 319. Do Pass. HB 336. Do Pass. HB 328. Do Pass. HB 325. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.

Mr. Coffin of Schley County, Chairman of the Committee on Public Utilities, submitted the following report:

Mr. Speaker:
Your Committee on Public Utilities has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 249. Do Pass.
Respectfully submitted,
Coffin of Schley,
Chairman.

Mr. Brooks of Oglethorpe 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 18. Do Pass. HB 25. Do Pass. HB 47. Do Pass. HB 49. Do Pass. HB 66. Do Pass. HB 86. Do Pass. HB 129. Do Pass. HB 154. Do Pass.

THURSDAY, JANUARY 29, 1953

261

HB 209. Do Pass, as Amended. HB 233. Do Pass.
Respectfully submitted, Brooks of Oglethorpe,
Chairman.
By unanimous consent, the following Bills of the House and Senate, favorably reported, were read the second time:
HB 18. By Messrs. Matheson of Hart, Ayers of Madison, and Lavender of Elbert: A Bill to be entitled an Act to amend an Act so as to change the salary of the Solicitor General of the Northern Judicial Circuit, and for other purposes.
HB 25. By Messrs. Murphy of Haralson and Smith of Cobb:
A Bill to be entitled an Act to amend Section 45-402 of the Code of Georgia so as to permit the lessee of land to register the posted lands, and for other purposes.

HB 47. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to require the wearing of robes by judges while presiding in court, and for other purposes.

HB 49. By Messrs. H. Smith of Fulton, Hollis of Muscogee, and others:
A Bill to be entitled an Act to amend an Act so as to make changes in the personnel of the Uniform Division of the Department of Public Safety, and for other purposes.

HB 66. By Messrs. Wiggins of Stephens and Matheson of Hart:
A Bill to be entitled an Act to repeal Chapter 88-8 of the Code of Georgia relating to explosives, and for other purposes.
HB 86. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A Bill to be entitled an Act to amend an Act so as to increase the salaey of the Court Reporter for the Stone Mountain Judicial Circuit, and for other purposes.
HB 96. By Messrs. Bodenhamer of Tift, Wardlow of Turner, and others:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Solicitor General of the Tifton Judicial Circuit, and for other purposes.

HB 116. By Mr. Bloodworth of Houston: A Bill to be entitled ail Act to provide for the method of payment of

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JOURNAL OF THE HOUSE,

the salary of the Tax Receiver of certain counties, and for other purposes.
HB 129. By Messrs. Deen of Bacon, Mincy of Ware, and others:
A Bill to be entitled an Act to amend Section 26-1205 of the Code of Georgia so as to change the penalty for putting out the eyes of another, and for other purposes.
HB 154. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to create a lien in favor of hospitals for the treatment of any person for personal injuries, and for other purposes.

HB 163. By Messrs. Birdsong and Groover of Troup:
A Bill to be entitled an Act to increase the fees of coroners in certain counties, and for other purposes.
HB 174. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to authorize the Commissioners of Roads and Revenues of Floyd County to provide outside the limits of incorporated municipalities a system of waterworks and sewerage, and for other purposes.
HB 176. By Messrs. Wooten of Randolph and Musgrove of Clinch:
A Bill to be entitled an Act to amend Section 24-2728 of the Code of Georgia so as to increase the fees of clerks of superior courts in certain counties, and for other purposes.
HB 180. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to amend Section 38-2305 of the Code of Georgia relating to the examination of witnesses whose depositions are taken before Court Commissioner, and for other purposes.

HB 185. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to provide for Pre-Trial Procedure in Civil Actions in the Superior Courts, and for other purposes.

HB 209. By Mr. Tumlin of Bartow:
A Bill to be entitled an Act to make it a misdemeanor for a person to operate a boat on any public waters in an intoxicated condition, and for other purposes.

HB 233. By Mssrs. Tumlin of Bartow, McGarity of Henry, and others:
A Bill to be entitled an Act to regulate the renting of boats, and for other purposes.

HB 249. By Messrs. Garrard of Wilkes, Gillis of Treutlen, and others:

THURSDAY, JANUARY 29, 1953

263

A Bill to be entitled an Act to amend an Act relating to Rural Telephone Cooperatives, and for other purposes.

HB 259. By Mr. Cummings of Seminole:
A Bill to be entitled an Act to amend an Act so as to provide clerical help to the Tax Commissioner of Seminole County, and for other purposes.

HB 262. By Messrs. Groover, Harris, and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act so as to change the salaries of the Board of Commissioners of Bibb County, and for other purposes.

HB 265. By Mr. Mull of Fannin:
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 Fannin County, and for other purposes.

HB 268. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Tax Commissioner of Wayne County, and for other purposes.

HB 280. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to provide for the fees of Coroners in certain counties, and. for other purposes.

H!J 281. By Mr. Fowler ofDouglas:
A Bill to be entitled an Act to amend an Act relating to additional duties of Clerks in the Superior Courts in certain counties, and for other purposes.

HB 283. By Mr. Brown of Telfair:
A Bill to be entitled an Act to ame~d an Act so as to increase the salary of the Sheriff of Telfair County, and for other purposes.

HB 288. By Mr. Lifsey of Lamar:
A Bill to be entitled .an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Lamar County, and for other purposes.

HB 289. By Mr. Fowler of Douglas.
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Douglas C~unty, arid for other purposes.
HB 290. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to authorize the appointment of a building inspector in certain counties, and for otlter purposes.

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JOURNAL OF THE HOUSE,

HB 291. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Columbia County, and for other purposes.

HB 292. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to amend an Act to change the Clerk of the Superior Court of certain counties from the fee to the salary system, and for other purposes.

HB 293. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and of Tax Collector of Dougherty County into the Office o:f Tax Commissioner, and for other purposes.

HB 301. By Messrs. Holton and Hayes of Coffee:
A Bill to be entitled an Act to amend an 4-ct creating the office of Tax Commissioner of Coffee County, and for other purposes;

HB 304. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to fix the compensation for the Commissioner of Roads and Revenues of Rockdale County; and for other purposes.

HB 305. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Catoosa County, and for other purposes.

HB 306. By Mr. Ingle of Murray:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector and creating the office of Tax Commissioner for Murray County, and for other purposes.

HB 307. By Mr. King of Chattahoochee:
A Bill to be entitled an Act to provide for retirement compensation for Superintendents of County Roads of Chattahoochee County, and for other purposes.

HB 309. By Mr. Wardlow of Turner:
A Bill to be entitled an Act to repeal an Act reducing the bond of the Sheriff of Turner County, and for other purposes.

HB 310. By Mr. Wardlow of Turner:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Turner County, and for other purposes.

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265

HB 311. By Mr. Clark of Screven:.
A Bill to be entitled an Act to amend an Act establishing the City Court of Sylvania, and for other purposes.

HB 313. By Mr. Mull of Fannin:
A Bill to be entitled an Act to provide that the terms for holding the Superior Court of Fannin County shall be on certain days, and for other purposes.

HB 319. By Messrs. Groover and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point, and for other purposes.

HB 325. By Messrs. Turner, McWhorter, and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act so as to authorize the employment of a Recorder in the Mayor's Court of the City of Chamblee, and for other purposes.

HB 328. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act providing a city charter in Cumming, in Forsyth Georgia, and for other purposes.

HB. 332. By Messrs. Graham, Bell, and Holley of Richmond:
A Bill to be entitled an Act to authorize the assessment of occupational Licenses by Richmond County, and for other purposes.

HB 333. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to provide a monthly expense allowance to the sheriff of Forsyth County, and for other purposes.
BB 334. By Mr. Mauldin of Gordon:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Gordon County, and for other purposes.
HB 336. By Messrs. Haar, McGee, and Sipple of Chatham:
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 20. By Senator Edenfield of the 4th: A Bill to be entitled an Act to ratify the conveyance by the City of St. Marys of a portion of St. Marys Street, and for other purposes.

SB 25. By Senators Hawes of the 29th, Edenfield of the 16th, and Dean of the 34th:
A Bill to be entitled an Act to provide for the conversion of National Banking Associations into State Banks, and for other purposes.

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SB 26. By Senators Hawes of the 29th, Edenfield of the 16th, and Dean of the 34th:
A Bill to be entitled an Act to amend an Act relating to the conversion of National Banks into State Banks, and for other purposes.
SB 28. By Senators Hawes of the 29th, Edenfield of the 16th, and Dean of the 34th:
A Bill to be entitled an Act to provide that deposits of funds at interest in a chartered state bank shall be legal investments for fiduciaries, and for other purposes.

SB 29. By Senators Hawes of the 29th, Edenfield of the 16th, and Dean of the 34th:
A Bill to be entitled an Act to provide for the retention and disposition of bank records, and for other purposes.

SB 36. By Senator Hall of the 15th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Toombs County, and for other purposes.

SB 37. By Senator Killingsworth of the 11th:
A Bill to be entitled an Act to provide the time for holding the Superior Court of Clay County, and for other purposes.

SB 41. By Senator Hendrix of the 3rd:
A Bill to be entitled an Act to amend an Act so as to provide for supplementing the fees of the Solicitor of the City Court of Ludowici, 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 39. By Mr. Tallant of Cherokee:
A Bill to be entitled an Act to change the times of 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB. 40. By Mr. Holloway of Gilmer:
A Bill to be entitled an Act to change the time of holding the Superior Court of Gilmer County, and for other purposes.

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267

The report 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 74. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend Section 21-105 of the Code of Georgia so as to provide that the Coroner of certain counties shall be paid a salary of $780.00, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 75. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Solicitor of the City Court of Waycross, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 76. By Messrs. Mincy and Frier of Ware: 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 Waycross, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 77. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act so as to provide that the Rules of Procedure adopted by the Supreme Court on January 12, 1946 shall apply to the City Court of Waycross, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 85. By Mr. Potts of Coweta:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to provide for the terms of the Superior Court of Coweta 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 123. By Messrs. Jordan and White of Gwinnett:
A Bill to be entitled an Act to amend an Act so as to change the time for holding the Superior Court 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 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 140. By Mr. Deen of Bacon:
A Bill to be entitled an Act to amend an Act so as to provide for holding four terms a year of the Superior Court of 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 159. By Mr. Cowart of Stewart: A Bill to be entitled an Act to provide the Sheriff of Stewart County with a supplemental salary, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 172. By Messrs. Haar, Sipple, and McGee of Chatham:
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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

I

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269

HB 178. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to amend an Act so as to eliminate the requirement that 51 per cent of the property owners concerned must consent to establishment of restricted zones in Hall 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 184. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to amend an Act so as to change the manner of electing members to the Board of Commissioners of Roads and Revenues of Hall County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 190. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to provide supplemental compensation to the Ordinary 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 191. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to provide supplemental compensation to the Sheriff 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 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 193. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Quitman 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 118, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 211. By Mr. Best of Clay:
A Bill to be entitled an Act to repeal an Act creating the Board of Commissioners of Clay County and to create a Board of Commissioners of Roads and Revenues of Clay 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 212. By Mr. Turk of Wilcox: A Bill to be entitled an Act to provide for holding three terms a year of the Superior Court of Wilcox County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 219. By Mr. Deal of Bryan: A Bill to be entitled an Act to provide supplemental compensation to the Ordinary 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 passage of the bill, the ayes were 121, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 222. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to repeal an Act requiring the County Board of Education of Taliaferro County to publish a list of its expenditures monthly, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 223. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to repeal an Act requiring the Board of Commissioners of Roads and Revenues of Taliaferro County to publish a list of its expenditures monthly, and for other purposes.

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271

The report 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 224. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to provide that the Chairman of the Board of Commissioners of Roads and Revenues of Taliaferro County be authorized to pay all present indebtedness 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 226. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to repeal an Act requiring the Board of Education of Taliaferro County to receive at least three bids on all purchases amounting to $500.00 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 227. By Mr. Flynt of Taliaferro:

A Bill to be entitled an Act to repeal an Act requiring the Board of

Commissioners of Roads and Revenues of Taliaferro County to receive

at least three bids on all purchases amounting to $500.00 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 256. By Messrs. Jordan and White of Gwinnett: A Bill to be entitled an Act to create a new charter for the City of Norcross, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes we;re 107, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 257. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to amend an Act so as to provide for the election of members of the City Council 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 258. By Messrs. Harris, McKenna, and Groover of Bibb:
A Bill to be entitled an Act to vest title in the City of Macon to certain portions of New, Spring, Hemlock, and First 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 273. By Messrs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act to amend an Act so as to provide for fouryear terms of office for members of the Commission of the City of Columbus, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 274. By Me~rs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus authority to sell or convey parts or all of certain tracts of land, and for other purposes.

The report 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 276. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act to amend an Act so as to provide for fixing the dates and times of primary elections for members of the Commission of the City of Columbus, and for other purposes.

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273

The report 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 277. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to amend an Act so as to authorize the Town of Milner to close a certain portion of First 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 279. By Mr. Ingle of Murray:
A Bill to be entitled an Act to authorize the Town of Spring Place to close a certain portion of an alley leading from the Carters Quarter Road, and for other purposes.

The report of th.e 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 5. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Atlanta, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 9. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to authorize the sale of water main in Cobb County by 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

SB 16. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide for credit for warter main assessments, and for other purposes.

The report 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 32. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to amend an Act so as to ratify the ordinance of the City of Macon closing a certain portion of an alley running through Block 100, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bills and Resolution of the Senate were

read the first time, and referred to the Committees:



SB 6. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to the preparation of ballots and to whom the ballots may be delivered so as to authorize the delivery of sample ballots to newspapers of general circulation and to authorize such newspapers to publish as public information such ballots; and for other purposes.
Referred to the Committee on State of Republic.

SB 7. 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 Committee on State of Republic.

SR 11. By Senator Jordan of the 25th:
A Resolution authorizing the Governor to negotiate with the proper parties for the swaping of land owned by the State in Land Lot 18 in the 2nd District of Harris County for all of the land contained in Land Lot 13 in the same district and county for State Park purposes, and for other purposes.
Referred to the Committee on Public Property.

SB 19. By Senators Blitch of the 5th, Coker of the 39th, Brown of the 40th and Cates of the 17th:

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275

A Bill to be entitled an Act to authorize the State Department of Veterans Service to purchase an ambulance for use in transporting Georgia Veterans to and from hospitals; and for other purposes.
Referred to the Committee on Veteran Affairs.

SB 46. By Senator Edenfield on the 4th:
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 Public Property.
The folloWing Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 34. By Messrs. M. Smith, H. Smith, and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
The following Senate substitute to HB 34 was read:
AN ACT
To amend a~1 Act entitled an Act to establish a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby enacted by authority of the same that an Act entitled an Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, be and the same is hereby further amended by adding thereto the following sub-sections:
SECTION 1.
The governing authorities of said City are authorized to grant to Forsyth Corporation the right to bridge over and tunnel under Fairlie Street, N. W., between Luckie Street, N. W., and Williams Street, N. W. upon such terms and conditions as they may determine, so long as the structure shall not interfere with requirements for public purposes or public utility pt~rposes.
SECTION 2.

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 hereto attached 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.
SECTION 3.
All laws and parts of laws in conflict herewith are hereby repealed.

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JOURNAL OF THE HOUSE,

Mr. M. Smith of Fulton moved that the House agree to the Senate substitute to HB 34.
On the motion, the ayes were 114, nays 0.
The Senate substitute 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 3. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to require lifeguards to be maintained on duty at commercially operated swimming places, and for other purposes.

The following amendment to HB 3 was read and adopted:
Mr. Kemp of Clayton moves to amend HB 3 by adding the following words after the word "lifeguard" in Section 1: "holding a license as a lifeguard issued by the American Red Cross or its equivalent."

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 2.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 16. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to provide that the State Board of Education may hold meetings anywhere within or without this State, and for other purposes.

The following Committee substitute to HB 16 was read and adopted:

A BILL.
To be entitled an Act to provide that the State Board of Education or a committee of the Board may hold committee meetings anywhere within or without this State; to provide that members may travel on Board business within or without this State; to provide for per diem and necessary travel expense; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.
From and after the passage of this Act, the members of the State Board of Education as a committee or any committee of the Board when authorized by Board action taken at a meeting held in the State Capitol in the Department of Education may hold committee meetings anywhere within or without this State when necessary to obtain information for future guidance of the Board, however, no action of the State

THURSDAY, JANUARY 29, 1953

277

Board of Education shall be of force and effect unless such action is taken at a regular or call meeting of the Board held at the State Capitol in the Department of Education as provided by law.

SECTION 2.
The State Board of Education may authorize any member of said Board to travel within or without this State if necessary to obtain information for the guidance of the State Board of Education, however, said member shall not be authorized to make commitments for the State Board of Education on any matter that requires action of the Board as provided by law.

SECTION 3.
All members of the State Board of Education shall be paid by the State Department of Education twenty dollars ($20.00) per diem for every day in attendance at meetings of the said Board at the State Capitol in the Department of Education or while traveling as a member of a committee of said Board which has been authorized by action of the Board plus actual traveling expenses.

SECTION 4.
All laws and parts of laws in conflict with this Act are hereby repealed.
An amendment offered by Mr. Adams of Upson was read and lost.

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 122, nays 2.
The bill, having received the requisite constitutional majority, was passed, by substitute.

His Excellency, the Governor, Honorable Herman E. Talmadge, accompanied by His Excellency, the Governor of Tennessee, Honorable Frank G. Clements, appeared upon the floor of the House, and Honorable Frank G. Clements addressed the members of the House.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 38. By Mr. Stewart of Echols:
A Bill to be entitled an Act to provide that purchases made by the County Board of Education of Echols County shall be done by public bidding, and for other purposes.

The following Senate amendments to HB 38 were read:

Senator Moorman of the 6th moves to amend HB 38 by changing the period at the end of Section 3 to a comma following the word "month" and adding to the said Section 3 the following: "including the source of all income and the

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JOURNAL OF THE HOUSE,

names of all persons, firms or corporations to whom such funds are paid and the amount received by each."
Senator Moorman of the 6th moves to amend HB 38 by changing the period at the end of Section 2 to a comma following the word "period" and adding the following: "Unless an unforeseen emergency should arise, then the Superintendent of Schools may recommend in writing to the School Board that the emergency expenditure be made and that such recommendation shall state the nature of the emergency and it shall be recorded in the minutes of said Board and ratified by a majority vote of the Board thereof."
Mr. Stewart of Echols moved that the House agree to the Senate amendments.
On the motion, the ayes were 123, nays 0.
The Senate amendments were agreed to.

Under the regular order of business, the following Resolution and Bills of the House were taken up for consideration, and read the third time:
HR 7-42a. By Mr. Dean of Towns:
A Resolution authorizing the Governor and the Director of State Parks to negotiate for title or lease or property in the Chatuge Lake 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 114, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 110. By Messrs. H. Smith of Fulton, Hollis of Muscogee, and Duncan of Carroll:
A Bill to be entitled an Act to require all new applicants for drivers' licenses to complete a driver training course, and for other purposes.

By unanimous consent, further consideration of HB 110 was postponed until Monday, February 2, 1953, immediately following the period of unanimous consents.

HB 196. By Messrs. Williams of Bulloch and Lanier of Candler:
A Bill to be entitled an Act to provide for the issuance of permits to operators of tourist 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 124, nays 1.
The bill, having received the requisite constitutional majority, was passed.

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279

HB 251. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend Section 84-1611 of the Code of Georgia so as to change the class of persons permitted. to play billiards, and for other purposes.

The report 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 2.
The bill, having received the requisite constitutional majority, was passed.

HB 232. By Messrs. Hand and Twitty of Mitchell and others:
A Bill to be entitled an Act to authorize the Governor to lease or transfer Alto Tuberculosis Sanatorium to the State Hospital 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 132, nays 1.
The bill, having received the requisite constitutional majority, was passed.

Mr. Twitty of Mitchell moved that the House do now recess until1:00 o'clock, P. M., and the motion prevailed.

The Speaker announced the House recessed until 1 :00 o'clock 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 consid!!ration, and read the third time:
HB 197. By Messrs. Williams of Bulloch and Lanier of Candler:
A Bill to be entitled an Act to amend an Act providing a complete and comprehensive Vital Statistics Law, and for other purposes.

The following amendment to HB 197 was read and adopted:
Mr. Twitty of Mitchell moves to amend HB 197 by adding at the end of Section 12 the following provisos: "Provided, however, the restrictions in this Section shall not prohibit the official organ or newspaper of a county from publishing the names and addresses of births and deaths. Provided, further, that such official organ of newspaper shall not publish the name and address of any illegitimate child birth or of its mother when shown on such records."

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 17.

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JOURNAL OF THE HOUSE,

The bill, having received the requisite constitutional majority, was passed, as amended.

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

Mr. Speaker:
The Senate has passe(!. as amended by the requisite constitutional majority the following bills and resolution of the House to-wit:

HR 38. By Mr. Campbell of Oconee:
A Resolution providing for the adjournment of the General Assembly of Georgia, and for other purposes.

Under the regular order of business, the following Bill and Resolution of the House were taken up for consideration, and read the third time:

HB 231. By Messrs. McGarity of Henry, Coogle of Macon, and 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.

The report 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 1.
The bill, having received the requisite constitutional majority, was passed.

HR 53-242a. By Messrs. Perkins of Carroll, Cowart of Stewart, and others:
A Resolution proposing a constitutional amendment authorizing the General Assembly to provide for a bonus to veterans, and for other purposes.

Mr. Bolton of Spalding moved that HR 53-242a be recommitted to the Committee on Veterans Affairs for further study.

Mr. Perkins of Carroll moved that further consideration of HR 53-242a be postponed until Monday, February 2, 1953, immediately following the period of unanimous consents.

Mr. Bolton of Spalding moved that further consideration of HR 53-242a be postponed indefinitely.

On the motion to postpone indefinitely, Mr. Perkins of Carroll 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 Adams of Evans Ayers

Barber of Colquitt Bentley Best

Bolton Brantley Brooks

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281

Buie Callier Campbell of Oconee Carswell Carter Clark Conger
Drinkard Garrard Gillis Goodson Greene of Crisp Greer Grimsley Groover of Bibb GUnter

Hale Hamilton.
Harris Harrison of Wayne Henderson Hicks Hollis Jordan of Wheeler Lewis Lokey Matthews Moses Musgrove Nightingale Phillips of Walton Raulerson

Ray
Russell Hoke Smith of Fulton Stephens of Clarke Stevens of Marion Stewart Tamplin Trapnell Turner Veal Watson
Williams of Bulloch Williams of Tift Young

Those voting in the negative were Messrs.:

Adams of Upson Barber of Jackson
Barrett Baughman Blackburn Blalock Bodenhamer Boggus Brannen Bray Britton Byrd
Chastain Clary Cloud Coffin Coker Cornelius Cowart Cummings Dean of Towns
Deen of Bacon Denton Dews Dunaway Duncan Durham Floyd Foster Fowler
Freeman Frier Gardner Geer
Graham

Green of Baldwin Groover of Troup Hall Hodges Holley Holloway
Holton Huddleston Hughes Hurst Ingle Jessup Johnson
Jones of Lumpkin Jones of Worth Jordan of Gwinnett Kemp Key
King Land Lanier Layton Little Lovett
McCracken McGarity McKenna McWhorter Martin Matheson Mauldin Moate Mobley
Moore of Pickens
Moore of White

Moye Mull
Murphey of Crawford Murphy of Haralson Murr Nelson Otwell Peacock Perkins Potts Rowland Rutland Scoggin Short Sipple of Chatham Smith of Cobb Stocks Strickland Swindle Tallant Tarbutton Tarpley Todd Tumlin Turk Twitty Upshaw Ursrey White Whitener Wiggins
Williams of Franklin Willis

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

On the motion to postpone indefinitely, the ayes were 55, nays 103.

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JOURNAL OF THE HOUSE;

The motion was lost.
On the motion to postpone until Monday, the ayes were 89, nays 46.
The motion prevailed, and further consideration of HR 53-242a was postponed until Monday, February 2, 1953, immediately following the period of unanimouse consents.

Mr. Gardner of Dougherty was granted leave of absence for Friday, January 30, 1953, because of a death in his family.

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 tomorrow morning at 10:00 o'clock.

FRIDAY, JANUARY 30, 1953

283

Representative Hall, Atlanta, Georgia Friday, January 30, 1953.

. The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and

was called to order bythe Speaker.

'

Prayer was offered by Reverend DeWitt Shippey, Pastor, Quitman Methodist Church, Quitman, Georgia.

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

Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings has 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. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
6. First reading a~d 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 Clerk was directed to correct certain omissions in the following Bill of the House:

HB 34. By Messrs. M. Smith, H. Smith, and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act to permit the erection of an overhead passageway acro'ss certain streets in the City of Atlanta, and for other purposes.

By unanimous consent, the Clerk was directed to amend the caption to con-

form with the amendment adopted by the Senate to the following Bill of the

House:



HB 28. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to amend an Act so as to create a new charter for the City of Barnesville, and for other purposes.

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JOURNAL OF THE HOUSE,

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

HB 375. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act so as to provide period of bona fide residence before taking bar examination, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 376. By Messrs. Lanier of Candler, Lavender of Elbert, Swindle of Berrien, Barber of Jackson, Deen of Bacon, Greer of Lanier and others:
A Bill to be entitled an Act to amend an Act entitled "Agricultural Commodities Authority Act", and for other purposes.
Referred to the Committee on General Agriculture # 2.

HB 377. By Messrs. Hicks, Hall and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act changing certain county officers in counties of a certain population from the fee to the salary system, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 378. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to define and regulate the business of representing Life and Health and.Accident Insurance Companies, and for other purposes.
Referred to the Committee on Insurance.

HB 379. By Messrs. Hale of Dade, Weems of Chattooga, Abney of Catoosa, Campbell and Coker of Walker, and Floyd of Chattooga: A Bill to be entitled an Act to amend an Act cre' ating the Lookout Judicial Circuit (Now Lookout Mountain Judicial Circuit), and for other purposes.
Referred to the Committee on Special Judiciary.
HB 380. By Messrs. Stephens of Clarke and Williams of Bulloch:
A Bill to be entitled an Act to amend an Act relating to the Chief Drug Inspector, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 381. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend an Act relating to inspection fees and tax stamps for concentrated commercial feeding stuffs, so as to provide for the issuance of permits authorizing a report in lieu of such tax stamps, and for other purposes.
Refei-red to the Committee on General Agriculture # 1.

FRIDAY, JANUARY 30, 1953

285

HB 382. By Mr. Deal of Bryan:

A Bill to be entitled an Act to amend an Act creating and establishing

the City Court of Pembroke, and for other purposes.

'

Referred to the Committee on Counties and County Matters.

HB 383. By Messrs. McKenna, Groover and Harris of Bibb:
A Bill to be entitled an Act to amend an Act entitled "An Act to re-enact the Charter of the City of Macon", and for other purposes.
Referred to the Committee on Municipal Government.

HB 384. By Mr. Layton of Irwin:
A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Irwin County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 385. By Mr. Layton of Irwin:
A Bill to be entitled an Act to amend an Act which created 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 386. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the commissions of the tax receiver and the tax collector, and for other purposes. Referred to the Committee on Ways and Means.

HB 387. By Mr. Peacock of Dodge:
A Bill to be 'entitled an Act to amend an Act creating the City Court of
Eastman, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 388. By Messrs. Harris of Bibb, Dunaway and Cornelius of Polk, Lifsey of Lamar and Sipple of Chatham:
A Bill to be entitled an Act to amend an Act known as an Act to provide for the appointment of special officers upon the request of the president or resident executive officer of any railway company or any railroad corporation operating and doing business in this State as a common carrier, and for other purposes.
Referred to the Committee on Railroads.

HB 389. By Messrs. McCracken of Jefferson, Musgrove of Clinch, Gowen of Glynn and Connell of Lowndes:
A Bill to be entitled an Act to amend an Act relating to the appointment

286

JOURNAL OF THE HOUSE,

of land processioners, so as to provide that the Ordinary in each county shall appoint such processioners, and for other purposes.
Referred to the Committee on State of Republic.

HB 390. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act relating to vehicles to which the provisions of the Motor Common Carrier Act do not apply; so as to amend the same by deleting therefrom the words "Buses, and other motor vehicles" and also the words "or Police limits", and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 391. By Messrs. Lavender of Elbert, Ray of Warren and Campbell of Oconee:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, which provides forcertain penalties and interest, so as to provide that the 5% per month penalty and the 6% per annum interest shall not be imposed or assessed upon such dealers who are delinquent by reason of providential causes if the return and payment is made within 5 days after demand, and for other purposes.
Referred to the Committee on Ways and Means.

HB 392. By Messrs. Lavender of Elbert, Ray of Warren and Campbell of Oconee:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, which section provides that dealers shall add the tax to the sales price and dealers failing to do are liable for the tax themselves, so as to provide that the Attorney General shall be served a copy of all pleadings by any person raising the issue of taxability under this Act and any judgment shall be void in any case where such service is now shown, and for other purposes.
Referred to the Committee on Ways and Means.

HB 393. By Messrs. Lavender of Elbert, Ray of Warren and Campbell of Oconee:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act providing for what shall be included within the meaning of a "retail sale" or a "sale at retail", so as to provide that sales to certain persons for resale shall be deemed taxable sales, and for other purposes.
Referred to the Committee on Ways and Means.

HB 394. By Messrs. Lavender of Elbert, Ray of Warren and Campbell of Oconee:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, which provides for record which dealers are required to keep, so as to provide that dealers are required to keep and preserve all invoices and other records for a period of three years, and for other purposes.
Referred to the Committee on Ways and Means.

FRIDAY, JANUARY 30, 1953

287

HB 395. By Messrs. Lavender of Elbert, Ray of Warren and Campbell of Oconee:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, which provides for definition' of the term "dealer", so as to provide for an additional definition of the term "dealer", and for other purposes.
Referred to the Committee on Ways and Means.

HB 396. By Messrs. Lavender of Elbert, Ray of Warren and Campbell of Oconee:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, which defines certain admission charges taxable so as to provide for a clarification of the original intent of the General Assembly that charges made for the operation of coin-operated music and amusement devices and charges made for participation in games and amusement activities are taxable, and for other purposes.
Referred to the Committee on Ways and Means.

HB 397. By Messrs. Lavender of Elbert and Ray of Warren:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, which provides for what shall not be included within the meaning of the terms, "sale at retail", "use", "storage" and "consumption", so as to provide for a clarification of the original intent of the General Assembly as to what is not to be included within the meaning of the term "industrial materials"; to provide that natural or artifical gas, oil, gasoline, electricity, solid fuel, ice or other materials used for heat, light, power and refrigeration shall not be included with in the meaning of the term "industrial materials," and for other purposes.
Referred to the Committee on Ways and Means.

HB 398. By Messrs. Lavender of Elbert, Ray of Warren and Campbell of Oconee:
A Bill to be entitled an Act to amend an Act of the Georgia Retailers' and Consumers' Sales and Use Tax Act, which provides for a statute of limitation, so as to provide that in the case of a false or fraudulent return with intent to evade the tax or a failure to file a return there shall be no statute of limitation, and for other purposes.
Referred to the Committee on Ways and Means.
HR 122-398a. By Mr. Lokey of Fulton:
A Resolution to compensate Mrs. Grady B. Campbell for damages to her person and 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 123-398b. By Messrs. Ayers of Madison and Lavender of Elbert:
A Resolution to compensate Mr. C. A. Burris for damages to his automobile, and for other purposes.

288

JOURNAL OF THE HOUSE,

Referred to the Committee on Special Appropriations.

HR 124-398c. By Messrs. Register of Lowndes, Musgrove of Clinch, Connell of Lowndes, Veal of Putnam, Brantley of Upson and Henderson of Atkinson:
A Resolution to provide for the appointment of a joint committee to investigate the subject of water conservation in South Georgia, and for other purposes.
Referred to the Committee on Conservation.

HB 399. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to provide that in all criminal trials in this State, the accused, if he so 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 400. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A Bill to be entitled an act to. create a Board of Commissioners for DeKalb County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 401. By Messrs. Birdsong and Groover of Troup:
A Bill to be entitled an Act to amend an Act to establish the City Court of LaGrange, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 402. By Mr. Tarpley of Union:
A Bill to be entitled an Act to provide that any person making an arrest shall notify any member of the immediate family of the offender, or his attorney, of such arrest, upon request of the offender, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 403. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act entitled, "An Act to define and enlarge the jurisdiction of Courts of Ordinary in those counties having no City Courts or County Courts, and Municipal Courts, Police Courts, so as to enable such courts to dispose of misdemeanor cases arising under the provisions of the Act approved March 19, 1937, commonly called the Georgia State Highway Patrol Act, etc., and for other purposes.
Referred to the Committee on Special Judiciary.
HB 404. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish

FRIDAY, JANUARY 30, 1953

289

the offices of Tax Collector and Tax Receiver in Union County", and for other purposes.
Referred to the Committee on Counties and County Matters.

Mr. Freeman of Monroe County, Chairman of the Committee on Amendment
to Constitution # 1, submitted the following report:

Mr. Speaker:
Your Committee on Amendments to Constitution # 1 has had under consider-
tion 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 116-362a. Do Pass.
HR 48-220d. Do Pass.
HR 10-42d. Do Pass.
HR 85-289a. Do Pass.
Respectfully submitted, Freeman of Monroe,
Chairman.

Mr. Campbell of Oconee County, Chairman of the Committee on General Agri-
culture # 1, submitted the following report:

Mr. Spearker:
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 166 Do not Pass.
Respectfully submitted,
Campbell of Oconee,
Chairman.

Mr. Hollis of Muscogee 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 151. Do Pass.
HB 179. Do Pass, as amended.
HB 247. Do Pass, as amended.
HB 323. Do Pass.

290

JOURNAL OF THE HOUSE,

HB 338. Do Pass. HB 367. Do Pass.

Respectfully submitted, Hollis of Muscogee,

Chairman.

Mr. Hoke Smith of Fulton 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 365. Do Pass.

HB 368. Do Pass.

HB 341. Do Pass.

HB 349. Do Pass. HB 342. Do Pass.

Respectfully submitted,

Hoke Smith of Fulton,

Chairman.

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

Mr. Spaker:

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 94. Do Pass, as amended.

HB 98. Do not Pass.

HB 147. Do Pass.

HB 168. Do Pass.

HB 314. Do Pass.

HB 320. Do Pass.

Respectfully submitted, McCracken of Jefferson,

Chairman.

FRIDAY, JANUARY 30, 1953

291

Mr. Jordan of Wheeler County, Chairman of the Committee on Veterans Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Veterans Affairs has has 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 103. Do Pass, by substitute.
Respectfully submitted,
Committee of Veterans Affairs Jordan of Wheeler,
Chairman.

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

HB 94. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to provide for the registration of voters in certain counties, and for other purposes.

HB 103. By Messrs. Matheson of Hart, Freeman of Monroe, and others:
A Bill to be entitled an Act to provide that any agency of the State or any county official shall furnish veterans copies or evidence of birth and certain other events without cost, and for other purposes.

HB 147. By Messrs. Watson and Gardner of Dougherty:
A Bill to be entitled an Act to prohibit the solicitation of votes within a certain distance of polling places in Dougherty County, and for other purposes.

HB 151. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to amend Section 21-209 of the Code of Georgia so as to increase the compensation of coroners' jurors, and for other purposes.

HB 169. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to require all candidates for election to the House of Representatives in certain counties to qualify for a specific seat, and for other purposes.

HB 179. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to provide for admission of Genuineness of Documents, and for other purposes.

HB 247. By Messrs. Dews of Calhoun, Matthews of Clarke, and others:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to provide for the creation of a State Literature Commission, and for other purposs.

HB 314. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and Smith of Emanuel:
A Bill to be entitled an Act to provide the manner of selling livestock and swine belonging to the State of Georgia, and for other purposes.

HB 320. By Messrs. Twitty of Mitchell, and Ray of Warren:
A Bill to be entitled an Act to amend Section 40-803 of the Code of Georgia relating to the Director of the Department of Archives and History, and for other purposes.
HB 323. By Messrs. Haar and Sipple ,of Chatham:
A Bill to be entitled an Act to add one additional judge of the Superior Court for the Eastern Judicial Circuit, and for other purposes.

HB 338. By Messrs. Williams of Franklin, Jordan of Gwinnett, and others:
A Bill to be entitled an Act to limit the time within which application for a Year's Support may be filed, and for other purposes.

HB 341. By Messrs. M. Smith, H. Smith, and Lokey of Fulton: A Bill to be entitled an Act to provide for pre-sentence psychiatric examinations in Criminal Courts of certain Counties, and for other purposes.
HB 342. By Messrs. Sipple, McGee, and Haar of Chatham: A Bill to be entitled an Act to establish a Traffic Commissionl for the City of Savannah, and for other purposes.

HB 349. By Messrs. Williams and Trapnell of Bulloch:
A Bill to be entitled an Act to amend an Act so as to create a Recorder's Court in the City of Statesboro, and for other purposes.

HB 365. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act so as to provide for the election of a Recorder for the City of Social Circle, and for other purposes.

HB 367. By Messrs. Adams of Upson, Veal of Putnam, and others:
A Bill to be entitled an Act to amend Section 30-125 of the Code of Georgia relating to the application and trial of divorce disabilities, and for other purposes.

HB 368. By Messrs. Graham, Bell, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to raise salaries of the Municipal Court of the City of Augusta, and for other purposes.

FRIDAY, JANUARY 30, 1953

293

HR 10-42d. By Mr. Lovett of Laurnes:
A Resolution proposing a constitutional amendment providing for the election of members of the County Boards. of Education, and for other purposes.

HR 48-220d. By Mr. Deen of Bacon:
A Resolution proposing a constitutional amendment authorizing the City of Alma to levy a tax for the purpose of creating a fund to be used in promoting the location of new industries in the City of Alma, and for other purposes.

HR 85-289a. By Messrs. Bentley of Cobb, Floyd of Chattooga, and Coker of Walker:
A Resolution proposing a constitutional amendment providing for the time of convening the General Assembly of Georgia, and for other purposes.

HR 116-362e. By Messrs. Holton and Hayes of Coffee:
A Resolution proposing a constitutional amendment authorizing Coffee County to levy a tax for the purpose of creating a fund to be used in promoting the location of new industries in Coffee 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 18. By Messrs. Matheson of Hart, Ayers of Madison, and Lavender of Elbert:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Solicitor General of the Northern Judicial Circuit, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 86. By Messrs. McWhorter, Rutland, and Turner of DeKalb:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Court Reporter for 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

294

JOURNAL OF THE HOUSE,

HB 96. By Messrs. Bodenhamer of Tift, Wardlow of Turner, and others:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Solicitor General of the Tifton 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 163. By Messrs. Birdsong and Groover of Troup:
A Bill to be entitled an Act to increase the fees of coroners 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.

HB 174. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to authorize the Commissioners of Roads and Revenues of Floyd County to provide outside the limits of incorporated municipalities a system of waterworks and sewerage, and for other purposes.
The report 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 262. By Messrs. Groover, Harris; and McKenna of Bibb: A Bill to be entitled an Act to amend an Act so as to change the salaries of the Board 'of Commissioners of Bibb County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 265. By Mr. Mull of Fannin:
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 Fannin County, and for other purposes.
The report of the Committee, which was favorable to the passage. of the bill, was agreed to.

FRIDAY, JANUARY 30, 1953

295

On the passage of the bill, the ayes were 109, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 268. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Tax Commissioner of Wayne County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the biil, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 280. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to provide for the fees of Coroners 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.

HB 281. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to additional duties of Clerks in the Superior Courts 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 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 283. By Mr. Brown of Telfair: A Bill to be entitled an Act to amend an Act so as to increase the salary of the Sheriff 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 113, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 288. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Lamar County, and for other purposes.

296

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 289. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act creating the 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 290. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to authorize the appointment of a building inspector 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 291. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Columbia 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.

HB 293. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and of Tax Collector of Dougherty 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 301. By Messrs. Holton and Hayes of Coffee:

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297

A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Coffee 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 304. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to fix the compensation for the Commissioner of Roads and Revenues of Rockdale County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 305. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Catoosa 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 306. By Mr. Ingle of Murray:
A Bill to be entitled an Act to amend an Act abolishing the office of Tax Receiver and Tax Collector and creating the office of Tax Commissioner for Murray 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 307. By Mr. King of Chattahoochee:
A Bill to be entitled an Act to provide for retirement compensation for Superintendents of County Roads of Chattahoochee County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 103, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 309. By Mr. Wardlow of Turner:
A Bill to be entitled an Act to repeal an Act reducing the bond of the Sheriff of Turner 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 310. By Mr. Wardlow of Turner:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Turner 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 311. By Mr. Clark of Screven:
A Bill to be entitled an Act to amend an Act establishing 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 106, nays 0.
The bill, having received the requisite constitutional majority was passed.

HB 313. By Mr. Mull of Fannin:
A Bill to be entitled an Act to provide that the terms for holding the Superior Court of Fannin County shall be on certain days, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 319. By Messrs. Groover and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point, and for other purposes.

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299

The report 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 325. By Messrs. Turner, McWhorter, and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act so as to authorize the employment of a Recorder in the Mayor's Court 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 328. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act providing a city charter for Cumming, in Forsyth, Georgia, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 332. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to authorize the assessment of occupational licenses by 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 333. By Mr. Otwell of Forsyth: A Bill to be entitled an Act to provide a monthly expense allowance to the Sheriff of Forsyth County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 334. By Mr. Mauldin of Gordon: A Bill to be entitled an Act to amend an Act creating the office of Com-

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missioner of Roads and Revenues of Gordon County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 336. By Messrs. Haar, McGee, and Sipple of Chatham:
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.

The report 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 37. By Senator Killingsworth of the 11th:
A Bill to be entitled an Act to provide the time for holding the Superior Court of Clay 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 36. By Senator Hall of the 15th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Toombs 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.

SB 20. By Senator Edenfield of the 4th:
A Bill to be entitled an Act to ratify the conveyance by the City of St. Marys of a portion of St. Marys 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 30, 1953

301

By unanimous consent, the following Bills of the Senate were read the first time, and referred to the Committees:
SB 44. By Senators Edenfield of the 4th and Coker of the 39th: A Bill to be entitled an Act to amend the Employees Retirement System to require at least five or more years service before being eligible for retirement, and for other purposes.
Referred to the Committee on State of Republic.
SB 45. By Senators Edenfield of the 4th and Coker of the 39th: A Bill to be entitled an Act to employ the Employees Retirement System to authorize the establishment of survivors benefits for contributing members, and for other purposes.
Referred to the Committee on State of Republic.
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 25. By Messrs. Murphy of Haralson and Smith of Cobb: A Bill to be entitled an Act to amend Section 45-402 of the Code of Georgia so as to permit the lessee of land to register the posted 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 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 47. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to require the wearing of robes by Judges while presiding in court, and for other purposes.
The following amendment to HB 47 was read and adopted:
Mr. Veal of Putnam offers to amend HB 47 as follows: By inserting in subparagraph (a), following the word "Judges", the following: "of the Superior Courts", and by striking the following from said section: "of the judiciary".
By unanimous consent, further consideration of HB 47 was postponed until Tuesday, February 3, 1953, immediately following the period of unanimous consents.

HB 66. By Messrs. Wiggins of Stephens and Matheson of Hart:
A Bill to be entitled an Act to repeal Chapter 88-8 of the Code of Georgia relating to explosives, and for other purposes.

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The report of the Committee, which was favorable to the passage of the bill,

was agieed to.



On the passage of the bill, the ayes were 108, nays 8.

The bill, having received the requisite constitutional majority, was passed.

HB 209. By Mr. Tuinlin of Bartow:
A Bill to be entitled an Act to make it a misdemeanor for a person to operate a boat on any public waters in an intoxicated condition, and for other purposes.

The following amendment to HB 209 was read and adopted:
Mr. Tumlin of Bartow County mov.es to.amend House Bill No. 209 by: Renumbering Section 3 as Section 4, and by inserting the following as Section 3:
"Section 3. Public waters shall be defined in this Act as including all fresh or salt waters except privately owned ponds or lakes not open to the general public." and by:
Amending the title by inserting after the words "shall arrest such persons;" the words "to provide for certain definitions;".

The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the. ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 129. ByMessrs. Deen of Bacon, Mincy of Ware, and others:
A Bill to be entitled an Act to amend Section 26-1205 of the Code of Georgia so as to change the penalty for putting out the eyes of another, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 2.
The bill, having received the requisite constitutional majority, was. passed.

HB 249. By Messrs. Garrard of Wilkes, Gillis of Treutlen, and others:
A Bill to be entitled an Act to amend an Act so as to require the obtaining of the permission of the governing authority before erecting .telephone poles under the Rural Telephone Cooperative Act, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, JANUARY 30, 1953

303

On the passage of the bill, the ayes were 114, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 2.

By Senators Edenfield of the 4th, Blitch of the 5th, and others:
A Bill to be entitled an Act to amend an Act so as to expressly authorize the State Highway Board to execute lease contracts as provided by the State Bridge Building Authority Act, and for other purposes.

The following substitute to SB 2, offered by Mr. Twitty of Mitchell, was read and adopted:

A BILL
To be entitled an Act to amend an Act creating the State Highway Board, approved February 2, 1950 (Ga. Laws 1950, p. 62), as amended by an Act approved February 5, 1951 (Ga. Laws 1951, p. 31), so as to expressly authorize the State Highway Board to execute lease contracts for the use of projects as provided for in the "State Bridge Building Authority Act", and to obligate the Department to perform the same; to provide for a limitation upon the amount of such obligations; to designate certain funds which may be pledged for the payment of such obligations; 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 repeal an Act approved March 17, 1943 (Georgia Laws, 1943, p. 216-222), to create the office of State Highway Board, Chairman of State Highway Board and Treasurer of State Highway Department; to prescribe the duties and powers, compensation and tenure; to provide for the management of county road mileage and the determination thereof; to provide for the distribution of funds to the counties for construction and maintenance of county roads and bridges ~xclusively; to provide distribution of Federal aid primary and Federal aid secondary highway funds to congressional districts and cities; to provide long-range planning for construction and paving State Highway roads and bridges not on the Federal aid highway system; to prescribe venue and service for suits against said State Highway Department; to prescribe penalties; and for other purposes.", approved February 2, 1950, (Ga. Laws 1950, p. 62), as amended by an Act approved Feb..; ruary 5,1951 (Ga. Laws 1951, p. 31), is hereby amended byinserting after the word. "contract" and beforethe word "The" in line eightof Section ~2 the words "except that the State Highway Board in the Administration of the State Highway Department is hereby expressly authorized to enter into lease contracts with the State Bridge Building Authority, and may obligate the Department to pay lease rentals for the use of projects according to 'the provisions of the "State Bridge Building Authority Act", provided that the total of such lease rentals, contracted to be paid at any time, shall never exceed $2,500,000.00 per annum. For the purpose of paying said lease rentals such funds as may be received by the State Highway Department for ,the cost of maintaining, improviiig and reconstructing the road~' and bridges on the State Highway
System and the cost inddent thereto, nu1y be pledged by the State High-

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way Board in the administration of the State Highway Department for the payment of such lease rentals", so that said Section when so amended shall read as follows:
"Section 12. Power to contract debts prohibited; purchasing of materials, equipment and supplies. The State Highway Board in the administration of the State Highway Department is hereby expressly prohibited from making or contracting any debts or entering into any contract, for which it does not have funds on hand to pay at the time of making said debt or entering said contract; except that the State Highway Board in the administration of the State Highway Department is hereby expressly authorized to enter into lease contracts with the State Bridge Building Authority, and may. obligate the Department to pay lease rentals for the use of projects according to the provisions of the "State Bridge Building Authority Act", provided that the total of such lease rentals contracted to be paid at any time shall never exceed $2,500,000.00 per annum. For the purpose of paying said lease rentals such funds as may be received by the State Highway Department for the cost of maintaining, improving and reconstructing the roads and bridges on the State Highway System and the cost incident thereto, may be pledged by the State Highway Board in the administration of the State Highway Department for the payment of such lease rentals. The Chairman of the Highway Board shall advertise for competitive bids on all road contracts, bridge contracts, and all other construction contracts, involving funds in the amount of $1,000.00 or more, all of which must be approved by the State Highway Board or a majority thereof in writing and no contract shall be made or let without two or more bids from reliable individuals, firms or corporations, except contracts with political subdivisions or other departments of the State which shall be let at the average bid price of the same kind of work let to contract after advertisement during the period of sixty days prior to the letting of the contract."
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 117, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

SB 3.

By Senators Edenfield of the 4th, Blitch of the 5th, and others:
A Bill to be entitled an Act to create the State Bridge Authority, and for other purposes.

The following substitute to SB 3, offered by Mr. Twitty of Mitchell, was read and adopted:

A BILL
TO BE ENTITLED An Act to create the State Bridge Building Authority; to authorize the Authority to acquire from the State, rights

FRIDAY, JANUARY 30, 1953

305

of way, and other property and to construct thereon, self-liquidating projects embracing bridges, and the approaches as defined in this Act, such projects to be leased to and operated, and which may be maintained and repaired by the State Highway Department as a part of the State Highway System; to confer powers and iliiJlose duties on the Authority; to provide for the appointment of members of the Authority; to provide in the State Highway Board delegated power to convey rights-of-way to the Authority; to provide for the Authority to purchase rights of way at a nominal price from the State of Georgia; to provide the method for fixing such nominal prices; to place the power to initiate projects in Highway Board; to provide for payment by the State Highway Department of preliminary engineering, traffic studies, plans and specifications, supervision and reports out of available funds, which may be reimbursed out of the proceeds of the sale of revenue bonds; to authorize the Authority and the State Highway Department to execute leases and contracts pertaining to such projects; to provide that the State Highway Department, and the counties may covenant to and be liable under applicable laws for injury occurring on the projects; to provide for the setting of rentals and their cessation upon liquidation of the project; to provide for an Authority Fund; to authorize the issuance of revenue bonds of the Authority, payable from the revenues, rents and earnings of the Authority; to pay the cost of such projects and authorize the collection and pledging of revenues and other charges for the payment of such bonds and for the cost of maintaining, operating and repairing of projects; to authorize the execution of trust indentures to secure the payment of such bonds, and to define the rights of the holders of such bonds; to provide that no debt of the State shall be incurred in the exercise of any of the powers granted by this Act; to make bonds of the Authority legal investments and also exempt from taxation and to make its income and property exempt from taxation; to authorize the issuance of revenue refunding bonds; to fix the venue or jurisdiction of actions relating to any provisions of the Act, and to provide that such bonds be validated; to provide for declaratory adjudications of the validity of the Authority lease contracts; to provide for the severability of the provisions of this Act; to provide for the repeal of all laws and parts of laws in conflict with this Act, and for other purposes.
Whereas, it is necessary to provide additional bridges of durable and lasting construction within the Highway System of the State and to replace many substandard and worn out bridges within the Highway System of the State which are hazards to traffic and which presently require a large annual maintenance expenditure, and
Whereas, it is advisable to authorize the financing in whole or in part of the construction of such bridges without creating any debt of the State, by the issuance of revenue bonds of the Authority for that purpose.
Be it, therefore, enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same:
SECTION 1. SHORT TITLE.
This may be cited as the "State Bridge Building Authority Act."
SECTION 2. STATE BRIDGE BUILDING AUTHORITY
There is hereby created a body corporate and politic to be known

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as the State Bridge Building Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity.
The Authority shall consist of three members, one of whom shall be the Chairman of the State Highway Board. The remaining two members of the Authority shall be appointed by the Governor in such manner that the term of one member shall expire July 1, 1956, and the term of the other member shall expire July 1, 1959. Their successors shall be appointed for terms of six years from the date of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and another as Vice-Chairman, and a Secretary and Treasurer, who need not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perfrom all the duties of the Authority, at every meeting and in every instance a majority vote shall authorize any legal act of the Authority, including all things necessary to authorize and issue bonds. The members of the Authority shall not be entitled to compensation for their services, but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have a perpetual existence._
The members of the Authority shall be accountable in all respects as trustees, the Authority shall keep suitable books and records of all the existing bridge rental contracts, all income and receipts of every ~ature and all expenditures of every kind and shall submit such books together with a statement of the Authority's financial position, to the State Auditor for such audit and inspection as the State Auditor may deem wise, once a year on or about the close of the State's fiscal year.

SECTION 3.
DEFINITIONS
As used in this Act, the following words and terms shall have the following meanings:
(a) The word "Authority" shall mean the State Bridge Building Authority created by Section 2 of this Act.
(b') The word "project" shall be deemed to mean and include one or more bridges (as defined in subparagraph (c) of this Section) together with the approaches (as defined in subparagraph (d) of this Section) thereto.
(c) The word "bridge" shall be deemed to mean a structure of standard design approved by the State Highway Department or its successor in office erected in order:
1. To afford unrestricted vehicular passage over obstructions in the public highways of the StateOor between the State and any neighbor-

FRIDAY, JANUARY 30, 1953

307

ing State, including rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public highways, and canals and

2. To afford unrestricted vehicular passage under existing railroads and public highways.

(d) The word "approach" shall be deemed to mean not more than three miles of the traffic artery on either end of the bridge and within the limit shall mean so much of the traffic arteries on either end of the bridge as shall be required to develop the maximum traffic capacity of the bridge, including necessary grading, paving, minor drainage structure and other construction necessary to the approach.

(e) The term "cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights and easements and franchises acquired, the cost of all machinery, and equipment necessary for operation of the project, financing charges, interest prior to and during construction, cost of engineering, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility, or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, and the construction of ariy project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall .be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.

(f) The term "revenue bonds" issued pursuant to this Act shall

mean ":revenue obligations" as defined in the Revenue Certificate Law

of Georgia of 1937, as amended.



(g) Any project or combination of projects shall be deemed "selfliquidating" if, in the judgment of the Authority, the revenues, rents, or earnings to be derived by the Authority therefrom will be sufficient to pay the cost .of maintaining, repairing, and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects.

SECTION 4.
POWERS
The Authority shall have the powers:
(1) To have a seal and alter the same at pleasure:
(2) To acquire, by purchase, lease or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes:
(3) To appoint such additional officers, who need not be members of the Authority as the Authority deems advisable, and to employ such experts, employees, and agents as may be, in its judgment, necessary; to fix their compensation and to promote and discharge such officers, employees, and agents; provided, however, that the total compensation paid such officers, employees, and agents shall not exceed the sum of $25,000.00 per annum:
(4) To make such contracts as the legitimate and necessary pur-

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poses of this Act shall require and to execute and perform such bridge lease contracts with the State Highway Board as shall be consonant with all the requirements of this Act, and to make all contracts necessary for the projects as defined and described in this Act; provided, that all contracts for the construction of projects shall be let by public bid upon plans and specifications approved by the State Highway Board or their successors in office:
(5) To construct, erect, repair, own, maintain, add to, extend, improve, operate and manage projects, as hereinabove defined, to be located on property owned by the Authority, the cost of any such projects to be paid in whole from the proceeds of revenue bonds of the Authority:
(6) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof:
(7) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and
(8) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 5.
INCIDENTIAL POWERS
(1) 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. The Authority shall make reimbursement for any actual damages resulting to such lands, waters and premises as a result of such activities.
(2) The Authority shall also have power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, and relocation of pipes, mains, conduits, cables, wires, towers, poles and other equipment and applicances of any public utility in, on, along, over or under any project.
SECTION 6.
POWER TO CONVEY HIGHWAY RIGHTS-OF-WAY
It is found determined, and declared that the Welfare of the State of Georgia will be served by the creation and operation of this Authority, and that, to the end of accomplishing the purposes of the Authority, the power and authorization to convey for and on behalf of the State so much of the State's Highway rights-of-way as shall be necessary to the accomplishment of the purposes of this Act, is hereby, by authority of the sovereign legislature of the State, delegated to the State Highway Board. Upon the exercise of this power and authority by the State Highway Board, the Governor of the State is requested to execute such conveyances as may be made under this authority upon receipt of such nominal consideration as a Committee composed of the Governor, the Attorney General, and the State Auditor shall determine to be mete and proper for each such individual conveyance.

FRIDAY, JANUARY 30, 1953

309

SECTION 7.
POWER TO INITIATE PROJECTS
The State Highway Board and its successors for the benefit of the State Highway Department and its successors is authorized and empowered to request the Authority to consider the financing and construction of any project which may be desirable in the opinion of said board, and, in the interest of making such consideration possible, the State Highway Board is authorized in its discretion to expend from any funds available to its such sums as may be necessary for the survey and study of any projects, such expenditures may include those necessary for any and all traffic surveys, expert studies, and all other expenses incurred by the department in establishing the feasibility of any given project and in the execution of all plans and specifications necessary for its construction and all engineering supervision required in its construction. The Board shall keep proper records which shall reflect the amounts so spent on each and every project requested. Upon the completion of any given project or projects financed by any given revenue bond issue, so long as there shall be funds available in the hands of the Authority from the issue of revenue bonds to finance such project or projects, the Highway Department may request, and the Authority may grant, the reimbursement of such expenditures, however, if not reimbursed said expenditures shall be legitimate expenses of the Highway Department. The Authority for the purposes of this Act, and upon the receipt of such studies, plans and specifications and other aids and conveyances. which the State Highway Board shall furnish to it, shall, under its revenue bond powers, arrange for the financing of, and pursuant to its competitive bid contracting powers, procure the construction of desirable permanent projects upon such rights of way and between such bridgeheads as said State Highway Department shall to it convey; provided, that all studies, surveys, planning, engineering, planning and construction supervision shall be done by the State Highway Department or its agents, unless specific authorization is given to the Authority by the State Highway Board to perform these duties with its own agents and employees.
SECTION 8.
POWER TO LEASE PROJECT
The Authority is authorized and empowered, as owner of such projects as it may cause to be constructed, to offer, as lessor, to lease, and the State Highway Board or its successors, for and on behalf of the State Highway Department and/or its successors is authorized and empowered to accept and execute leases for the use of such projects for terms not exceeding 50 years from the date of execution; such leases may provide for the advance payment of agreed sums of yearly or monthly rental, which payments may begin on execution of leases, such dates being prior to the completion of such projects or otherwise, and may obligate the State Highway Board and/or the State Highway Department and/or their successors to pay such sums for the lease of such project and in addition to obligate itself to pay for, or perform all maintenance, upkeep and repair or any other reasonable expense of such project; provided, that no such lease shall be binding upon the State Highway Board or a valid Act of the Authority until and unless the Authority shall have secured a certificate from the State Auditor that the yearly rental obligations under such lease shall fall within the exist-

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ing power of the State Highway Department to make such obligations pursuant to Section 12 of the State Highway Board Act, as amended. Provided, that the State Highway Board acting under this authority shall have the power to make such examination of the books, records, and contracts of the Authority as may be necessary for the purpose of establishing the reasonableness of the sums to be charged as project rental in any case and said Board shall in every instance have the power to refuse to execute such lease contracts as shall in its opinion be unreasonable; if the State Highway Board should refuse to execute a lease contract with the Authority on any site of which a conveyance has been made by the State Highway Board within a reasonable time after the offering of a lease by the Authority upon a given bridge site, all right, title and interest of the Authority in said site shall revert to the State of Georgia; all projects constructed by the Authority and leased by the State Highway Board pursuant to the provisions of this Act are hereby declared to be a part of the State Highway system of Georgia, regardless of their location.
SECTION 9.
POWER TO ADD LEASE COVENANTS
The Authority is authorized and empowered as owner-lessor to require, and the State Highway Board and/or its successors, for and on behalf of the State Highway Department and/or its successors, is authorized and empowered to bind itself, as additional lease consideration, to lease covenants and obligations providing for its liability for any and all damages to persons or property occurring upon the projects leased to it by the Authority; the several counties, individually, are also hereby authorized to become parties to such lease project contracts for the purpose of binding themselves, as further additional lease consideration for such leases, to covenants and obligations providing for their liability for any and all damages to persons or property occurring upon such projects in accordance with the existing provisions of law relating to the liability of counties incident to the public use of such projects.

SECTION 10.
CESSATION OF RENTALS
When each and all of the bonds, interest coupons, and obligations of every nature whatsoever for the payment of which the revenues of any given project or projects have been pledged, in whole or in part, either originally or subsequently, either primarily or secondarily, directly or indirectly, or otherwise have been paid in full, or a sufficient amount for the payment of all such bonds and other obligations and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of such bondholders or other obligees, such project or projects shall thenceforth be maintained as a part of the State Highway System, free from any and all rental consideration, provided that the State Highway Department shall maintain and keep in repair such free project or projects.

SECTION 11. PROJECTS, REVENUES, RENTS, AND EARNINGS: USE
The Authority is hereby authorized to fix rentals and other charges

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311

which the State Highway Department shall pay to the Authority for the use of each project and to charge and collect the same to lease and make contracts with the State Highway Department with respect to the use by said department of any project. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide for a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects including reserves for extraordinary repairs, and other reserves required by the resolution of trust indentures, unless such cost shall be otherwise provided for, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due, (c) the pro rata share of the Authority's reasonable and necessary administrative and operating expenses as may be justifiable, including any sum or sums that may be due and owing to the State Highway Department as a result of expenditures made by that Department as in the preliminary studies and surveys which it may have made on projects of the Authority, and (d) any excess income which may be required by the bond purchasers or dictated by the requirements of achieving ready marketability and low interest rates upon the revenue bonds issued to finance the Authority project or projects.

SECTION 12.
AUTHORITY FUND
All revenue in excess of all obligations of the Authority of any nature, together with all unused receipts and gifts, of every kind and nature whatsoever shall be and become the Authority Fund. The Authority, in its discretion, is charged with the duty of pledging, utilizing, or expending the Authority Fund for the following purposes: (1) Pledges to the payment of any revenue bond issue requirements, sinking or reserve funds, as may be provided for under Section 26 hereof. (2) The payment of any outstanding unpaid revenue bond obligations or administrative expenses. (3) The construction of any projects requested by the Highway Board whose cost of construction may amount to a sum less than the accumulated balance in said Authority Fund. (4) The most advantageous obtainable redemptions and retirements of the Authority's bonds pursuant to the prepayment redemption privileges accorded to the Authority in the various issues of bonds outstanding. (5) The most advantageous open market purchase of the Authority's bonds that the Authority may accomplish. (6) Investment at the highest interest rate obtainable in U. S. Government securities of guaranteed convertibility or maturities not in excess of five years; provided, that all funds so invested and all earnings of such funds shall always be available to, and ultimately expended for the other purposes of this section.

SECTION 13.
RULES AND REGULATIONS FOR OPERATION OF PROJECTS
It shall be the duty of the Authority to prescribe rules and regulations as approved by the State Highway Department for the operation of each project constructed under the provisions of this Act, including rules and regulation to insure maximum use of each such project.

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SECTION 14.
REVENUE BONDS
The Authority shall have power and is hereby authorized, at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds in a sum not to exceed thirty million dollars ($30,000,000) outstanding at any one time for the purpose of paying all or any part of the cost as herein defined of any one or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. Th bonds of each issue shall be dated, shall bear interest as provided for in Section 15, shall be payable in such manner of payment as to both principal and interest as may be determined by the Authority, shall mature not later than 20 years from the date of issuance, 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 in the resolution providing for the issuance of the bonds.
SECTION 15.
SAME: SALE PRICE AND INTEREST RATE
All bonds of the Authority shall be sold by public competitive bidding at par plus accured interest to the date of delivery; provided, however, the Authority may obligate itself to deliver any given issue of bonds to the purchases thereof within any reasonable period of time after the date of sale and may pay as a penalty for delay in such delivery such reasonable sums as may be agreed upon in advance in writing with the purchases or purchasers of such bonds. All bonds of the Authority shall be advertised and offered prior to the fixing of the interest rates thereon, and bids thereon shall be competitive as to the interest rat~ offered by each bidder; provided, on any issue the Authority may make rules limiting the number of divisions into which the bonds of various maturity dates may be divided, and the number and percentage spreads of the different interest rates which may be bid to apply to such divisions of the bonds and provided further, the Authority may require reasonable security for the performance of the contract of purchase of any successful bidder at any public competitive bidding held.
SECTION 16.
SAME: FORM: DENOMINATIONS: REGISTRATION: PLACE OF PAYMENT.
The Authority shall determine the form of 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 thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
SECTION 17.
SAME: SIGNATURES: SEAL
In case any officer whose signature shall appear on any bonds or

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313

whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.

SECTION 18.
SAME: NEGOTIABILITY: EXEMPTION FROM TAXATION
All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument laws of the State. Such bonds and the income thereof shall be exempt from all taxation within the State.

SECTION 19.
SAME: PROCEEDS OF BONDS
The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined projects, and shall be disbursed upon requisition or order of the Chairman of the Authority or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indentures may provide. If the proceeds of such bonds, by error of calulation or otherwise, shall be less than the cost of the project.or combined projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, all surplus shall be paid into the sinking fund provided for the payment of principal and interest of such bonds.

SECTION 20.
S~ME: INTERIM RECEIPTS AND CERTIFICATES OR TEMPORARY BONDS
Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the later.

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SECTION 21.
SAME: REPLACEMENT OF LOST . OR MUTILATED BONDS
The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

SECTION 22.
SAME: CONDITIONS PRECEDENT TO AND OBJECT OF ISSUANCE
Resolutions for the issuance of such revenue bonds may be adopted without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of projects at any one location or any number of locations. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.

SECTION 23.
SAME: CREDIT OF STATE NOT PLEDGED
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or a pledge of the credit of the State, but such bonds shall be payably solely from the funds hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the State to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.

SECTION 24.
SAME: SECURITY
In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture 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 outside of the State. Resolutions providing for the issuance of revenue bonds and trust indentures may contain such provisions foi' protecting and enforcing the rights and ~emedies of the bondholders, including the right to the appointment of a eceiver for any project or projects upon the default of any principal or 1terest payment upon the bonds thereof, and the right of any receiver
indenture trustee to enforce collection of rents, revenues, or other arges for the use of the project or projects necessary to pay all costs of ~ration, the principal and interest on the issue, and cost of collections, 1. all things reasonably necessary to accomplish the collection of such
1s, in the event of any default of the Authority, and such resolutions ust indentures may include covenants setting forth the duties of the

FRIDAY, JANUARY 30, 1953

315

Authority in relation to the acqu!sition of the property, the construction of the projeCt, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding, and application of all monies, and may also provide that any project shall be constructed and paid for under the supervision of State Highway Department engineers or others satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given, by contractors and by any depository of the proceeds of the bonds or revenues or other monies, be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing such trust indenture may contain such other provisions as the Authority may deem advisable, reasonable and proper for the security of the bondholders. All expenses incurred in carrying out sttch trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture or an administrative expense of the Authority.

SECTION 25.
SAME: TO WHOM PROCEEDS OF BONDS SHALL BE PAID
The Authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purpose hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.

SECTION 26.
PLEDGE OF REVENUES
The revenues, rents and earnings derived from any particular project or combined projects or any and all funds from any source received by the State Highway Department and pledged and allocated by it to the Authority as security for the performance of any lease, or leases; or, any and all revenues, rents and earnings received by the Authority, regardless of whether or not such rents, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged by the Authority to payment of principal and interest on revenue bonds of the Authority as any resolution authorizing the issuance of the bonds or trust instrument may provide, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside into sinking funds at regular intervals which may be provided in any resolution or trust indenture. All such sinking funds shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due (3) the necessary charges of

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paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolutions or trust indentures such sinking funds, individually, shall be funds for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the provisions of the trust indenture of any given bond issue, any monies in all such sinking funds, after all bonds and the interest thereon for which such sinking funds were pledged have been paid, may be paid into the Authority Fund provided for in Section 12 hereof.

SECTION 27.
SAME: REMEDIES OF BONDHOLDERS
Any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and in the event of default of the Authority upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rentals, which the Authority may possess against the State Highway Board and/or the State Highway Department or their respective successors; and in the pursuit of its remedies as subrogee, may proceed either at law or in eqiuty by suit, action, mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State.

SECTION 28.
SAME: REFUNDING BONDS
The Authority is hereby authorized subject to the provisions of any prior resolution or trust indenture to provide by resolution for the issuance of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and them outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details

FRIDAY, JANUARY 30, 1953

317

thereof, the rights of the holder thereof and the duties of the Authority in respect to the same, shall be governed by the provision of this Act insofar as the same may be applicable.

SECTION 29.
SAME BONDS AS LEGAL INVESTMENT: SECURITY FOR DEPOSIT
The bonds herein authorized are hereby made securities in which all public officers and bodies of the State and all municipalities and all municipal subdivisions, all insurance companies and association and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized.

SECTION 30.
SAME: EXEMPTION FROM TAXATION: COVENANT OF STATE
It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and this State covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenanace of the projects erected by it or any fees, rentals or other charges for the use of such projects or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation from within the State.
SECTION 31.
SAME: VENUE AND JURISDICTION
Any action to protect or enforce any rights under the provisions of

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this Act, brought in the courts of the State, shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive original jurisdiction of such actions.
SECTION 32.
SAME: VALIDATION
Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Code of Georgia, Section 87-8.
SECTION 33.
SAME: ADJUDICATIONS DECLARATORY OF LEASE CONTRACTS VALIDITY

In and as an integral, but independent, part of the bond validation proceedings under this Act, or separately, the Authority is hereby given the rights to and privilege of a simultaneous or separate right-of action, suit or countersuit or equitable bill against the State and the State Highway Board and Department for a declaratory adjudication of the validity and binding effect of all lease contracts whose rental income may be pledged, or partially pledged, to the benefit of any bonds being validated. In each instance of the exercise of this right the actual controversey shall be whether or not the proported contracts contested are in all respects a good and sufficient, valid and binding obligation of the State Highway Board and Department. Any Citizen of the State may intervene in such actions and assert any ground of objection. It shall be encumbent upon the State Highway Board and Department to defend against an adjudication of such validity or be forever bound unto the Authority and all succeeding to the rights of the Authority thereafter. Such adjudications may be rendered as an integral, but independent, part of the judgment upon the validation issue with which they are contested; or separately.
SECTION 34.
SAME: INTEREST OF BONDHOLDERS PROTECTED
While any of the bonds issued by the Authority remain outstanding the powers, duties, or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, nor will the State itself in any way obstruct, prevent, impair, or render impossible the due and faithful performance by its Highway Board and/or Department, or their successors, of all project rental and/ or lease contracts and all the covenants thereof entered into under this Act, nor will the State compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority, and each and every holder of the Authority's bonds, and upon and after the issuance of bonds under the provision of this Act shall constitute an irrevocable contract with the holders of such bonds.
SECTION 35.
MONEYS HELD AS TRUST FUNDS
All moneys received pursuant to the authority of this Act, whether

FRIDAY, JANUARY 30, 1953

319

as proceeds from the sale of revenue bonds, or as revenues, tolls and earnings, shall be deemed to trust funds to be held and applied solely as provided in this Act, and the bondholders paying or entitled to received the benefit of such funds shall have a lien on all such funds until applied as provided for in any resolution or trust indenture of the Authority.
SECTION 36.
SAME: POWERS DECLARED SUPPLEMENTAL AND ADDITIONAL
'l'he 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.

SECTION 37.
LIBERAL CONSTRUCTION OF ACT
The Act being for the welfare of the State and its inhabitants, shall be liberally construed to affect the purposes hereof.

SECTION 38.
EFFECT OF PARTIAL INVALIDITY OF ACT
The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect the remaining provisions.

SECTION 39. REPEALING CLAUSE All laws or 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, by substitute.
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.
The following Resolutions of the House were read and adopted:

HR 125. By Messrs. Bodenhamer and Williams of Tift and Twitty and Hand of Mitchell:
A RESOLUTION-
Whereas, the Rev. N. H. Layton, father of our esteemed colleague, Honorable H. L. Layton of Irwin county, was called to his eternal reward by our Heavenly Father, on yesterday afternoon, January 29, 1953, and

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Whereas, our colleague is absent today, and
Whereas, the funeral for the deceased will be held this afternoon, January 30, 1953, at the Waterloo Baptist Church in Irwin County,
Now therefore be it resolved, that this House of Representatives extend our deepest sympathies to our colleague and his family in their bereavement.
Be it further resolved that a copy of these resolutions be spread upon the general of this House and a copy forwarded to Honorable Looney Layton.

HR 126. By Mr. Brantley of Upson:

A RESOLUTION
Be it resolved by the House of Representatives of Georgia, that the Secretary of State be instructed to furnish population lists of all counties in Georgia, said lists to be in numerical order according to size beginning with the lowest populated county and, in consecutive numerical order, continuing through the highest populated county; said lists to be furnished to the members of the House of Representatives in sufficient number to provide each member of said House of Representatives with a copy of the same.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., Monday, February 2, 1953, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, A. M., Monday February 2, 1953.

MONDAY, FEBRUARY 2, 1953

321

Representative Hall, Atlanta, Georgia. Monday, February 2, 1953.

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 Reverend Bob Slimp, Pastor, Talbot Methodist Circuit.

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

Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings has 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. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 of the House were introduced, read the first time, and referred to the Committees:
HB 405. By Messrs. H. Smith of Fulton, Ray of Warren, Smith of Emanuel, Twitty of Mitchell, Key of Jasper, Turner of DeKalb and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled "Hospital Authorities Created" relating to the power of taxation with respect to hospital authorities and with respect to the power to levy taxes to provide revenues for use by counties or by cities or towns for the purpose of complying with the terms of their contracts with hospital authorities, etc., and for other purposes.
Referred to the Committee on State of Republic.
HB 406. By Messrs. Nelson of Pulaski and Key of Jasper:
A Bill to be entitled an Act to amend an Act entitled "An Act to protect

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JOURNAL OF THE HOUSE,

the public health by providing for premarital examinations for syphilis"; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 407. By Messrs. Layton of Irwin, Bodenhamer of Tift, Williams of Tift, Swindle of Berrien, Greer of Lanier, Henderson of Atkinson, and many 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.
Referred to the Committee on Pensions.

HB 408. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to amend an Act relating to a review of the judgment of the Ordinary in cases relating to obstruction on private ways, so as to provide for an appeal to the Superior Court, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 409. By Mr. Dean of Towns:
A Bill to be entitled an Act to provide that it will be unlawful for the owner or person in possession of land in any county of this State having a population of not more than 4,820 and not less than 4,520, to have or maintain an abandoned open well or hole, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 410. By Mr. Twitty of Mitchell:
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, and for other purposes.
Referred to the Committee on Banks and Banking.

HB 411. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Atkinson County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 412. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend, modify and change the Charter of the City of Villa Rica, and for other purposes.
Referred to the Committee on Municipal Government.

HB 413. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Spalding County to employ a clerk and purchasing agent, and for other purposes.

MONDAY, FEBRUARY 2, 1953

323

. Referred to the Committee on Counties and County Matters.
HB 414. By Messrs. Holton and Hayes of Coffee: A Bill to be entitled an Act to provide time for holding Superior Court of Coffee County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 127-414a. By Mr. Drinkard of Lincoln: A Resolution officially designating the State Park in Lincoln County as the "Elijah Clarke Memorial Park!", and for other purposes.
Referred to the Committee on Public Property.

HR 128-414b. By Messrs. Holton and Hayes of Coffee:
A Resolution to compensate Ed. R. Patton, of Douglas, Georgia, for damages occasioned to his automibile by an employee of the State Highway Department operating a State-owned vehicle, and for other purposes.
Referred to the Committee on Special Appropriations.

HB 415. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act relating to the creation of the Griffin Spalding County School System, and for other purposes.
Referred to the Committee on Counties and County Matters.

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

HB 386. By Mr. Twitty of Mitchell:
A Bill to be entitled an 1\ct to amend an Act relating to the commissions of the tax receiver and tax collector, and for other purposes.

HB 391. By Messrs. Lavender of Elbert, Ray of Warren, and Campbell of Oconee:
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 penalties for non-return shall not apply if such failure is from providential causes, and for other purposes.

HB 392. By Messrs. Lavender of Elbert, Ray of Warren, and Campbell of Oconee:
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 Attorney General shall be served a copy of all pleading raising the issue of taxability, and for other purposes.

HB 393. By Messrs. Lavender of Elbert, Ray of Warren, and Campbell of Oconee: A Bill to be entitled an Act to amend an Act known as the Georgia

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Retailers' and Consumers' Sales and Use Tax Act so as to provide that sales to certain persons for resale shall be deemed taxable sales, and for other purposes.
HB 394. By Messrs. Lavender of Elbert, Ray of Warren, and Campbell of Oconee:
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 dealers are required to keep all invoices and other records for a period of three years, and for other purposes.
HB 395. By Messrs. Lavender of Elbert, Ray of Warren, and Campbell of Oconee:
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 additional definition of the term "dealer", and for other purposes.
HB 396. By Messrs. Lavender of Elbert, Ray of Warren, and Campbell of Oconee: 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 clarification that charges made for the operation of coin-operated machines are taxable, and for other purposes.
HB 397. By Messrs. Lavender of Elbert, Ray of Warren, and Campbell of Oconee: 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 clarification as to what is not to be included within the meaning of the term "industrial materials", and for other purposes.
HB 398. By Messrs. Lavender of Elbert, Ray of Warren, and Campbell of Oconee: 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 in the case of a false or fraudulent return there shall be no statute of limitation, and for other purposes.
Mr. Lavender of Elbert 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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 264. Do Pass. HB 17. Do Pass. HB 340. Do Pass. HB 360. Do Pass. HB 374. Do Pass. HB 385. Do Pass.
Respectfully submitted, Lavender of Elbert, Chairman.

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325

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 47. By Senator Walker of the 45th: A Bill to raise the salary of the tax commissioner of Telfair County from $3600.00 per annum to $5400.00 per annum, and for other purposes.
SB 48. By Senator Walker of the 45th: A Bill to raise the salary of the county commissioner of Telfair County from $3600.00 per annum to $5400.00 per annum, and for other purposes.
SB 52. By Senator Hall of the 9th: A Bill to amend the act creating a board of commissioners of roads and revenues of Baker County; to provide that each commissioner shall be elected by the voters of his district and not by a county wide vote, and for other purposes.
HB 33. By Mr. Lifsey of Lamar: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Lamar County, and for other purposes.
HB 41. By Mr. Smiley of Liberty: A Bill to be entitled an Act to amend an Act creating the City Court of Hinesville, and for other purposes.
HB 78. By Messrs. Mincy and Frier of Ware: A Bill to be entitled an Act to amend an Act which Act is a part of the charter of the City of Waycross, by providing for an increase in the maximum fine in Police Court, and for other purposes.

HB 79. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act relating to the Charter of the City of Waycross and to set up a new form of government for the City of Waycross, and for other purposes.

HB 81. By Messrs. Hollis, Young and Pickard of Muscogee:
A Bill to be entitled an Act to provide for, fix and regulate the salary, and to prescribe the duties of the official court reporter for the Superior Court of Muscogee County, and for other purposes.

HB 82. By Messrs. Hollis, Young and Pickard of Muscogee: A Bill to be entitled an Act to amend an Act entitled "An Act to Create

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a Board of Commissioners of Roads and Revenues in Muscogee County", and for other purposes.

HB 83. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues in the County of Muscogee; to provide for the election of two additional Commissioners, and for other purposes.

HB 84. By Messrs. Hollis, Young and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County, and for other purposes.

HB 88. By Messrs. Britton and Whitener of Whitfield:
A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Whitfield County; to create the office of Tax Commissioner of Whitfield County, and for other purposes.

HB 89. By Messrs. Britton and Whitener of Whitfield:
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 Whitfield; to provide for competitive bids for the purchase of materials and supplies by the Commissioner, and for other purposes.

HB 90. By Messrs. Britton and Whitener of Whitfield:
A Bill to be entitled an Act to establish the City Court of Dalton, and for other purposes.

HB 91. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Baldwin in the Counties of Banks and Habersham, and for other purposes.

HB 117. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to amend an Act Creating the Board of Commissioners of Roads and Revenues of Crawford County; to Provide for the salary of a Clerk to the Board of Commissioners, and for other purposes.

HB 118. By Mr. Jackson of Jones:
A Bill to be entitled an Act to provide for the disposition of fines involved in traffic cases in the Court of Ordinary in counties having a population of not less than 7500 and not more than 7600, and for other purposes.
HB 119. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to amend an Act entitled "An Act to create

MONDAY, FEBRUARY 2, 1953

327

and establish a new charter for the Town of Harlem", and for other purposes.

HB 120. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to amend an Act establishing the City Court of Albany, and for other purposes.

HB 121. By Mr. Rowland of Johonson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Wrightsville, and for other purposes.

HB 122. By Mr. Hodges of Butts:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Butts County, and for other purposes.

HB 124. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act incorporating the City of Lakeland; so as to provide for certain procedure relating to the registration of voters, and for other purposes.

HB 139. 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.

HB 143. By Mr. Ray of Warren:
A Bill to be entitled an Act to provide a term of two years for each member of council, also called commission, of the City of Warrenton, and for other purposes.

HB 144. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Warrenton in lieu of the Town of Warrenton, and for other purposes.

HB 145. By Mr. Ray of Warren:
A Bill to be entitled an Act to authorize the City of Warrenton to pay a pension to any police officer with thirty years service, and for other purposes.
HB 146. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act creating a Commissioner of Roads and Revenues of Warren County, and for other purposes.

HB 148. By Messrs. Hicks, Hall and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act to create a Board of Commissioners of Roads and Revenues

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in the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, and for other purposes.

HB 149. By Messrs. Hicks, Hall and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act to fix the compensation of and for the members of the Board of Roads and Revenues of Floyd County, etc., and for other purposes.

HB 158. By Mr. Cowart of Stewart:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Richland, and for other purposes.

HB 199. By Messrs. Harris, McKenna and Gooover of Bibb:
A Bill to be entitled an Act to ratify and confirm an Ordinance of the City of Macon, said Ordinance abandoning, closing and discontinuing that portion of Ash Street between Elbert or Fifth Street and Hammond Street, and for other purposes.

HB 203. By Messrs. Harris, Groover and McKenna 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 authorizing John B. Lamar to close an alley, and for other purposes.

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

HB 17. By Messrs. Haar, McGee, and Sipple of Chatham:
A Bill to be entitled an Act to amend Section 92-6910 of the Code of Georgia relating to County Board of Tax Assessors and the employment of agents to seek out unreturned property, and for other purposes.

HB 264. By Messrs. Birdsong and Groover of Troup:
A Bill to be entitled an Act to repeal an Act providing for a change from fee system to salary system the compensation received by county officers in certain counties, and for other purposes.
HB 340. By Messrs. Graham, Bell, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to provide that the members of the Board of Education of Richmond County shall be elected by the voters of Richmond County, and for other purposes.
HB 360. By Mr. Ayers of Madison:
A Bill to be entitled an Act to provide that in certain counties any person charged with hunting or fishing without a license may enter a plea of guilty in the Court of Ordinary, and for other purposes.
HB 374. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act so as .to provide that the

MONDAY, FEBRUARY 2, 1953

329

clerks of the superior courts of certain counties shall receive annual salaries in lieu of divisions of certain fees, and for other purposes.
HB 385. By Mr. Layton of Irwin:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Board of Commissioners of Irwin 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 147. By Messrs. Watson and Gardner of Dougherty: A Bill to be entitled an Act to prohibit the solicitation of votes within a certain distance of polling places in 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 103, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 341. By Messrs. M. Smith, H. Smith, and Lokey of Fulton: A Bill to be entitled an Act to provide for pre-sentence psychiatric examinations in Criminal Courts 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 104, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 342. By Messrs. Sipple, McGee, and Haar of Chatham: A Bill to be entitled an Act to establish a Traffic Commission 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 105, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 349. By Messrs. Williams and Trapnell of Bulloch:
A Bill to be entitled an Act to amend an Act so as to create a Recorder's Court in 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.

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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 365. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act so as to provide for the election of a Recorder for the City of Social Circle, 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 368. By Messrs. Graham, Bell, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to raise salaries of the Municipal Court of the City of Augusta, and for other purposes.

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

HB 259. By Mr. Cummings of Seminole:
A Bill to be entitled an Act to amend an Act so as to provide clerical help to the Tax Commissioner of Seminole County, and for other purposes.

The following amendment to HB 265 was read and adopted:
Mr. Cummings of Seminole moves to amend HB 265 in the last line of Section 1 by adding thereto the following: "which shall be in the discretion of the County Commissioner as to the amount not to exceed the said $1200.00 per annum."

The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 292. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to amend an Act so as to increase the salaries of the various elected officials of certain counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 2, 1953

331

On the passage of the bill, the ayes were 110, nays 0. .The bill, having received the requisite constitutional majority, was passed.

HB 116. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to provide that the Tax Receiver in certain counties shall be paid a commission of one percent of the ad valorem school 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 214. By Messrs. Haar, McGee, and Sipple of Chatham:
A Bill to be entitled an Act to provide that in certain judicial circuits jurors inay be compellable to serve the number of days specified herein regardless of the number of calendar weeks in which the service may be given, and for other purposes.

The report 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 41. By Senator Hendrix of the 3rd:
A Bill to be entitled an Act to amend an Act creating the City Court of Ludowici, and for other purposes.
The report 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 House were withdrawn from the Committee on Ways and Means, read the second time, and recommitted:

HB 167. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act so as to provide that Income Tax fi. fas. shall bear interest at the rate of 6 percent, and for other purposes.

HB 354. By Messrs. Twitty of Mitchell, Ray of Warren, and others:
A Bill to be entitled an Act to levy an excise tax on State Building and Loan Associations, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 355. By Messrs. Twitty of Mitchell, Ray of Warren, and others:
A Bill to be entitled an Act to provide an additional $1500.00 deduction from gross income for income tax purposes to veterans of the Korean conflict, and for other purposes.

HB 357. By Messsr. Ray of Warren, Lavender of Elbert, and others:
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 same shall not apply to school lunches, and for other purposes.

HB 358. By Messrs. Ray of Warren, Lavender of Elbert, and others:
A Bill to be entitled an Act to provide that for income tax purposes persons serving in the Korean Conflict may deduct $1500.00 from gross income, and for other purposes.
HB 359. By Messrs. Ray of Warren, Lavender of Elbert, and others:
A Bill to be entitled an Act to amend an Act so as to provide that the percentage of income taken into account for any taxable year in which the net long term capital gain exceeds the net short term capital loss shall be the same for corporations as for other taxpayers, and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 61. By Mr. Hand of Mitchell:
A Bill to be entitled an Act to amend an Act providing fees for validation by the Clerk of the Superior Court of revenue certificates, and for other purposes.

The following Senate amendment to HB 61 was read:
The Committee on Finance moves to amend HB 61 by adding a new section to be known as Section 1-A, and reading as follows:
"Provided further that in all counties in this State where the Clerk of the Superior Court is paid on a salary basis that the fee referred to in Section 1 shall be paid to the Clerk of the Superior Court and turned over to the County Treasurer."
Mr. Twitty of Mitchell moved that the House agree to the Senate amendment.
On the motion, the ayes were 116, nays 0.
The Senate amendment was agreed to.

Under the regular order of business, the following Bill and Resolution of the Hot_Ise were again taken up for consideration:

HB 110. By Messrs. H. Smith of Fulton, Hollis of Muscogee, and Duncan of Carroll:

MONDAY, FEBRUARY 2, 1953

333

A Bill to be entitled an Act to require all new applicants for drivers' licenses to complete a driver training course, and for other purposes.
By unanimous consent, HB 110 was tabled.

HR 53-242a. By Messrs. Perkins of Carroll, Cowart of Stewart, and others:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VII, Section II of the Constitution of Georgia, relating to the purposes and method of taxation, so as to authorize the General Assembly to provide by law for the granting of a bonus to veterans; to provide for the submission of this amendment to the voters for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION 1.
Article VII, Section II of the Constitution of Georgia, relating to the purposes and method of taxation, is hereby amended by adding at the end thereof a new paragraph to be known as paragraph V to read as follows:
"Paragraph V. The powers of taxation may be exercised by the State through the General Assembly for the purpose of paying a bonus to Georgia service men and women and ex-service men and women of the Armed Forces of the United States.
The General Assembly is authorized to prescribe the entire procedure connected with the payment of such bonus."
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 bas 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 amendment to the Constitution shall have written or printed on the ballots the words:
"For approval of amendment to Article VII, Section II of the Constitution to authorize the General Assembly to provide by law for the payment of a bonus to veterans."
All persons opposing the adoption of said amendment shall have written or printed on their ballots the words:
"Against approval of amendment to Article VII, Section II of the Constitution to authorize the General Assembly to provide by law for the payment of a bonus to veterans."

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JOURNAL OF THE HOUSE,

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 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:

Barrett Baughman Black Blackburn Bodenhamer Brazeal Britton Campbell of Walker Carswell Clary Cornelius Dean of Towns Denton Dunaway Duncan Floyd
Foster Gilder Green of Baldwin

Green of Rabun Hall Hayes Holley Holton Huddleston Hughes Ingle Jones of Lumpkin Jones of Worth Kemp Lavender McGarity Martin Matheson Mishoe Mobley Moore of White Moses

Moye Murphey of Crawford Murphy of Haralson Otwell Parker Peacock Perkins Scoggin
Sivell Smith of Cobb Stocks Todd Tumlin Upshaw Ursrey Weems White

Those voting in the negative were Messrs:

Abney of Cat()osa Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Bell Bentley Best Birdsong Blalock Bloodworth Boggus
Bolton Brannen Brantley Brown Buie Callier Carter

Clark Cloud Coffin Conger Connell Coogle Cummings Deen of Bacon Drinkard Edenfield Edwards Flynt Fowler Frier Gardner Garrard Gillis Goodson Graham Greene of Crisp

Greer Grimsley Groover of Bibb Groover of Troup Gunter Haar Hale Hamilton Harris Henderson Hicks Hodges Hollis Holloway Hopkins Jackson Johnson Jordan of Gwinnett Key King

MONDAY, FEBRUARY 2, 1953

335

Land Layton Lewis Lifsey Little Lokey
Lovett McWhorter Mauldin Mincy
Moate Moore of Pickens Mull Murr Musgrove Nelson Nightingale

Phillips of Columbia Pickard Raulerson Register Rowland Short Sipple of Chatham Smiley Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stewart Strickland Swindle Tallant Tamplin Tarpley

Terrell Turner Twitty Veal Walker Wardlow Watson Whitener Wiggins Wilkinson Williams of Franklin Williams of Tift Willis Wooten Young

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

On the adoption of the resolution, the ayes were 55, nays 109.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

Under the regular order of business, the following Bills of the House were taken up for consideration, and read the third time:

HB 49. By Messrs. H. Smith of Fulton, M. Smith of Fulton, and others:
A Bill to be entitled an Act to amend an Act so as to increase the personel of the State Patrol, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 17, nays 97.
The bill, having failed to receive the requisite constitutional majority, was lost.

HB 94. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to provide for the registration of voters in certain counties on the recommendation of the Grand Jury, and for other purposes.
The following amendment to HB 94 was read and adopted:
Mr. McKenna of Bibb moves to amend HB 94 by adding the words, "and on joint resolution of the governing authorities of such municipalities and of such county," following the word "county" in line 4 of the title of said bill and by adding the words "and on joint resolution of the governing authorities of such municipalities and of such counties," following the word "jury" in line 1, section 1 of said bill.
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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 103. By Messrs. Matheson of Hart, Freeman of Monroe, and others:
A Bill to be entitled an Act to provide that any state or county agency shall furnish without cost certain copies of documents under certain conditions, and for other purposes.

The following Committee substitute to HB 103 was read and adopted:
A BILL
To be entitled an Act to provide that any agency of the State or any county official shall furnish veterans, dependents of deceased veterans, the Veterans Administration, or any veterans organization, copies or evidence of marital, birth, divorce or death status without cost, if said copies or other evidence is to be used in Veterans Administration disability or death claims under certain conditions; to provide for payment by county to certain officials; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION 1.
Any agency of this State or any county official whose duty it is to provide copies or other evidence of the marital, birth, divorce, or death status of persons of this State, shall furnish veterans, dependents of deceased veterans, the Veterans Administration or any veterans organization, such copies or other evidence free of charge upon the following conditions:
(a) Where such copies or other evidence are to be used in proceedings for establishing disability or death claims with the Veterans Administration; and
(b) The request is made in writing by a veteran, a dependent of a deceased veteran, the legal representative of a veteran, the Veterans Administration, or any veterans organization; and
(c) The veteran, a dependent of a deceased veteran, or the legal representative of a veteran, certifies that he is unable to pay for the same.
SECTION 2.
In any county where the county official referred to in the preceding section is on a fee basis, such official shall be paid the fee for such service by the county. Such payments shall be made on a monthly basis from county funds.

SECTION 3.
All laws and parts of laws in conflict with the provision of this Act are hereby repealed.

MONDAY, FEBRUARY 2, 1953

337

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 128, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 151. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to amend an Act relating to the payment of coroners' juries, and for other purposes.

The report 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 1.
The bill, having received the requisite constitutional majority, was passed.

HB 154. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to create a lien in favor of hospitals for reasonable charges for treatment of a person for personal injuries, and for other purposes.
By unanimous consent, HB 54 was tabled.

Mr. Twitty of Mitchell moved that the House do now recess until1:30 o'clock, P. M., 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 Bill of the House was taken up for consideration, and read the third time:

HB 106. By Messrs. H. Smith of Fulton and Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act providing for the giving of security by the owners of motor vehicles, and for other purposes.
By unanimous consent, HB 106 was tabled.

Under the regular order of business, the following Bill of the House was again taken up for consideration:

HB 113. By Messrs. Connell and Register of Lowndes:
A Bill to be entitled an Act to amend an Act revising and perfecting the present corporation laws of the State, 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 132, nays 0. The bill, having received the requisite constitutional majority, was passed.

Under the regular order of business, the following Resolution and Bills of the House were taken up for consideration, and read the third time:

HR 32-127a.

A RESOLUTION.

Proposing to the qualified voters of Georgia an amendment to Article VI, Section VII, Paragraph II of the Constitution of Georgia, relating to jurisdiction of the Justices of the Peace, so as to increase the jurisdiction from two hundred dollars to three hundred dollars; 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.

Article VI, Section VII, Paragraph II of the Constitution of Georgia, relating to jurisdiction of Justices of the Peace, be amended by striking the word "two" and inserting in lieu thereof the word "three," so that said paragraph when so amended shall read as follows:

"Justices of the Peace shall have jurisdiction in all civil cases arising ex-contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed three hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulation as may be prescribed by law."

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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors of this State.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to Article VI, Section VII, Paragraph II of the Constitution, so as to increase the jurisdiction of the Justices of the Peace from two hundred dollars to three hundred dollars."

"Against ratification of amendment to Article VI, Section VII, Paragraph II of the Constitution, so as to increase the jurisdiction of the Justices of the Peace from two hundred dollars to three hundred dollars."

All persons desiring to vote in favor of adopting the proposed

MONDAY, FEBRUARY 2, 1953

339

amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.
An amendment offered by Mr. Jordan of Gwinnett 'Yas read and lost.

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

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

Those voting in the affirmative were Messrs:

Abney of Catoosa Adams of Evans Barrett Bentley Blackburn Brannen Brantley Bray Britton Campbell of Walker Carswell Carter Clark Clary Coker Cornelius Dean of Towns Denton Dews Duncan Foster Garrard

Goodson Green of Rabun Greene of Crisp Grimsley Haar Hall Harrell Harris Hayes Hicks Holton Hopkins Huddleston Ingle Ivey Jackson Jessup Jordan of Gwinnett Kemp King McGarity McKenna

Matheson Mobley Murphey of Crawford
Murr Perkins Potts Scoggin Sipple of Chatham Sivell Smiley Smith of Cobb Stocks Swindle Tamplin Terrell Todd Tumlin Walker Whitener Willingham
Willis

Those voting in the negative were Messrs:

Adams of Upson Ayers Barber of Coluitt
Barber of Jackson Baughman Bell Best Birdsong
Black Bloodworth Bodenhamer Boggus

Brown Buie Byrd
Callier Campbell of Oconee Cloud Coffin Conger Connell Coogle Cummings Deen of Bacon

Drinkard Dunaway Edwards Floyd Flynt Fowler Freeman Frier Gardner Gilder Graham Green of.Baldwin

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JOURNAL OF THE HOUSE,

Groover of Bibb Groover of Troup
Gunter Hamiltonn Henderson Hodges Holley
Hollis Holloway Hughes
Johnson Jones of Lumpkin
Jones of Worth Key
Land Lavender Layton Lewis Lifsey Little Lokey Lovett

McWhorter Martin Matthews Mauldin Mincy
Moate Moore of Pickens Moore of White Moye
Mull Musgrove Nelson Nightingale
Otwell Parker Peacock Pickard Raulerson Ray Register Russell Rutland

Short Hoke Smith of Fulton Stephens of Clarke Stewart Strickland Tallant Tarbutton Turner Twitty Upshaw Ursrey Veal Wardlow Watson Weems White Wiggins Wilkinson Williams of Tift Wooten Young

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

On the adoption of the resolution, the ayes were 65, nays 101.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

HB 169. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to require all candidates for election to the House of Representatives in certain counties to qualify for a specific seat, and for other purposes.

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

On the passage of the bill, Mr. Hicks of Floyd moved the ayes and nays, and the call was sustained.

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

Those voting in the affir:nuitive were Messrs:

Abney of Catoosa Adams of Upson Barber of Jackson Barrett Baughman
Bell Bentley Birdsong Black Bodenhamer Boggus Brantley
Brazeal

Brtton Callier Campbell of Oconee Campbell of Walker Carter Cloud Coffin Conger Cornelius Dean of Towns Denton Dunaway
Duncan

Edenfield Edwards Floyd Flynt
Foster Fowler Green of Rabun Greer Grimsley Groover of Bibb Gunter Hale Hall

MONDAY, FEBRUARY 2, 1963

3-4.1

Hamilton Harrell Hicks Hodges Holley Hollis Holloway Hughes Ingle Ivey Jackson Jessup Jones of Worth Jordan of Gwinnett Kemp Key King Lewis Little Lokey McKenna McWhorter

Martin Matheson Matthews Mauldin Moore of White Moses Mull Murr Musgrove Nightingale Otwell Perkins Pickard Potts Ray
Russell Ruland Short Sivell Stephens of Clarke Stewart Stocks

Tallant Tamplin Tarbutton Tarpley Terrell Todd Trapnell
Turner Twitty Upshaw
Veal Walker Wardlow Watson Weems Whitener Wiggins Williams of Franklin Williams of Tift Willis Young

Those voting in the negative were Messrs:

Adams of Evans Ayers Barber of Colquitt
Best Blackburn Bloodworth Brannen Bray
Buie Byrd Carswell Clark Clary Connell Coogle Cummings Dews Drinkard Frier

Garrard Gilder Gillis Goodson Graham Green of Baldwin Greene of Crisp Groover of Troup Haar Harris Henderson Johnson Jones of Lumpkin Land Layton Lovett Mincy Moate Mobley

Moore of Pickens Moye Murphey of Crawford Nelson Parker Peacock Raulerson Register Sipple of Chatham Smiley Smith of Cobb Swindle Tumlin Ursrey Wilkinson Willingham Wooten

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

On the passage of the bill, the ayes were 104, nays 65.

The bill, having.received the requisite constitutional majority, was passed.

HB 176. By Messrs. Wooten of Randolph and Musgrove of Clinch:
A Bill to be entitled an Act to amend Section 24-2728 of the Code of Georgia so as to increase certain fees of the clerks in certain counties, 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 86, nays 23.
The bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Wooten of Randolph gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 176.

HB 179. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to provide for Admission of Genuineness of Documents, and for other purposes.
The following Committee amendment to HB 179 was read and adopted.
Committee on General Judiciary No. 1 moves to amend House Bill #179 by adding to the end of Section 1 the following language:
' Provided, however, that a failure to answer said request for admissions within the time specified by this Act or within the time set by the judge of the court in accordance with the provisions of this Act shall not be deemed an admission where the party called upon for said admission can demonstrate to the satisfaction of the judge of the court before whom the cause is pending that the failure to answer was due to providential cause; that should said judge determine that said failure was due to providential cause, said request for said admissions shall thereafter be answered within such time and upon such terms as said judge shall direct.
Provided, further, that any party who has answered any such request for admissions may file a motion with the judge of the court before whom said cause is pending to vacate or modify said answer, and if, upon the hearing of said motion it shall be demonstrated to the satisfaction of the court that the moving party has come into possession of additional facts not known to him when said answer was made and which effect the validity of said answer, then said court shall permit said answer to be vacated or modified and further answer filed within such time and upon such terms as said judge shall direct; in which event only the modified or further answer shall be considered in any trial of the cause and any reference to the previous answer in the trial of said cause shall be ground for mistrial.
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 2. The bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Cowart of Stewart was granted leave of absence for several days because of illness.

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.

TUESDAY, FEBRUARY 3, 1953

343

Representative Hall, Atlanta, Georgia. Tuesday, February 3, 1953.

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 Reverend Bob Slimp, Pastor, Talbot Methodist Circuit.

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

Mr. Garrard of Wilkes, 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. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and General bills with local application.
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 Bill of the House was withdrawn, read the second time, and recommitted to the Committee on Appropriations:

HB 142. By Mr. Hand of Mitchell:
A Bill to be entitled an Act to make General Appropriations for the operation of the State Government for the fiscal year beginning July 1, 1953, and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time, and referred to the Committees:
HB 416. By Messrs. Green and Parker of Baldwin:
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 Baldwin," and for other purposes.
Referred to the Committee on Counties and County Matters.

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JOURNAL OF THE HOUSE,

HB 417. By Mr. Moses of Montgomery:
A Bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenue for Montgomery County, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 418. By Messrs. Sipple, McGee and Haar of Chatham:
A Bill to be entitled an Act to lower to $1,250.00 in the County of Chatham the Homestead Exemption of $2,000.00 allowed under Paragraph IV of Section I of Article VII of the Constitution of 1945, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 419. By Mr. Wooten of Randolph:
A Bill to be entitled an Act to consolidate the office of Tax Receiver and the office of Tax Collector of Rand9lph County into the office of Tax Commissioner, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 420. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues, or the Ordinary in the absence of Commissioners of Roads and Revenues of Habersham County, to create and establish restricted zones or districts; and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 129-420a. By Mr. Blackburn of Habersham:
A Resolution to provide the Clerk of the Superior Court of Habersham County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Appeals Reports, and for other purposes.
Referred to the Committee on Public Library.
HR 130-420b. By Messrs. Hayes and Holton of Coffee:
A Resolution proposing an amendment to the Constitution so as to provide for the merger of the existing independent school system and district of the City of Douglas with the existing school district of Coffee County; and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HR 131-420c. By Messrs. Hayes and Holton of Coffee:
A Resolution proposing an amendment to the Constitution of Georgia so as to provide for the election of a Superintendent of the Coffee County Schools by the Coffee County Board of Education; and for other purposes.
Referred to the Committee on Amendments to Constitution #2.

TUESDAY, FEBRUARY 3, 1953

345

HR 132-420d. By Mr. Williams of Franklin:
A Resolution to authorize the Department of State Parks, Historical Sites and Monuments to accept on behalf of the State a donation of land in Franklin County for park purposes to be known as "Victoria Bryant State Park," and for other purposes.
Referred to the Committee on Public Property.

HB 421. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to provide for the collection, manner of distribution and the disposition of fines and forfeitures arising in the Superior Courts of the Cordele Judicial Circuit, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 422. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act relating to Medical, Surgical, Hospital, and other treatment, under the provision of the Workmens Compensation Act, and for other purposes.
Referred to the Committee on Industrial Relations.

HB 423. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to amend an Act entitled "An Act to create the office of Commissioners of Roads and Revenues in and for the County of Ben Hill, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 424. By Mr. Holloway of Gilmer:
A Bill to be entitled an Act to amend an Act incorporating and establishing the City of Ellijay; to extend present corporate limits; and for other purposes.
Referred to the Committee on Municipal Government.

HR 133-424a. By Messrs. Smith of Emanuel and Tumlin of Bartow:
A Resolution authorizing the State Parks Department to extend the term of the lease with John M. King, Jr., for certain facilities on the Allatoona Reservoir, and for other purposes.
Referred to the Committee on Public Property.

HB 425. By Mr. Buie of Camden: A Bill to be entitled an Act to amend, consolidate and supersede the Act incorporating the Town of Woodbine, and for other purposes.
Referred to the Committee on Municipal Government.
HB 426. By Messrs. Buie of Camden, Deen of Bacon, Edenfield of Mcintosh, and many others: A Bill to be entitled an Act to provide that all vehicles and conveyances

.346

JOURNAL OF THE HOUSE,

of every kind and description in this state, including airplanes and all boats and vessels of every kind and description in any of the waters of this State which are used in conveying, removing, concealing or storing any deer or turkey caught or killed, contrary to the laws, rules and regulations of this State within the State, and all guns and any other equipment used in fishing, hunting, trapping or in any manner catching or killing any game fish, birds or animals on any designated State, Federal, Local, public or private refuse shall be contraband, seized and condemned; and for other purposes.
Referred to the Committee on Game and Fish.

HB 427. By Messrs. Tarpley of Union and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act relating to penalties imposed upon corporations for failing to make yearly returns to the Sectary of State, and for other purposes.
Referred to the Committee on Corporations.

HR 134-427a. By Mr. Barrett of Pike: A Resolution to provide the Ordinary of Pike County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports, and for other purposes.
Referred to the Committee on Public Library.

Mr. Gillis of Treutlen County, Chairman of the Committee on Conservation, submitted the following report:

Mr. Speaker: Your Committee on Conservation has had under consideration the following
Bill and Resolution of tbe House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 252. Do Pass.
HR 124-398c. Do Pass. Respectfully submitted,
Gillis of Treutlen,
Chairman.

Mr. Lavender of Elbert 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 370. Do Pass.
HB 372. Do Pass.

TUESDAY, FEBRUARY 3, 1953

347

HB 384. Do Pass. HR 115-362d. Do Pass. HB 404. Do Pass. HB 351. Do Pass. HB 364. Do Pass. HB 352. Do Pass. HB 401. Do Pass. HB 344. Do Pass. HB 387. Do Pass. HB 369. Do Pass. HB 400. Do Pass. HB 348. Do Pass. HB 345. Do Pass; HB 363. Do Pass. HB 343. Do Pass. HB 350. Do Pass. HB 371. Do Pass. HB 382. Do Pass. HB 346. Do Pass. HB 377. Do Pass.

Respectfully submitted, Lavender of Elbert, Chairman.

Mr. Hall of Floyd 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 104-337b. Do Pass by Substitute.
Respectfully submitted,
Hall of Floyd,
Chairman.

Mr. Edenfield of Mcintosh County, Chairman of the Committee on Game and Fish, submitted the following report:

348

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Game and Fish 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:

That they do pass.

HB 326. Do Pass.

HB 272. Do Pass.

HB 300. Do Pass.

HB 271. Do Pass.

HB 270. Do Pass.

HB 278. Do Pass.

HR 110-337n. Do Pass.

Respectfully submitted,

Edenfield of Mcintosh,

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 161. Do Not Pass.
Respectfully submitted,
Campbell of Oconee,
Chairman.

Mr. Willingham of Cobb 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 337. Do Pass. HB 353. Do Pass.
HB 294. Do Pass, as Amended.
HB 137. Do Not Pass.

TUESDAY, FEBRUARY 3, 1953

349

HB 239. Do Pass. HB 92. Do Pass, as Substituted. HB 299. Do Pass.
Respectfully submitted, Willingham of Cobb, Chairman.

Mr. Willis of Thomas 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 90-298b. Do Pass.
Respectfully submitted, Willis of Thomas, Chairman.
Mr. Jones of Lumpkin 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 321. Do Pass.
Respectfully submitted, Jones of Lumpkin, Chairman.
Mr. Blalock of Coweta 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 Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 46. Do Pass.
HR 89-298a. Do Pass.

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JOURNAL OF THE HOUSE,

HR 100-337d. Do Pass. HR 127-414a. Do Pass.

Respectfully submitted, Blalock of Coweta, Chairman.

Mr. Ray of Warren County, Chairman of the Committee on Ways and Means, has submitted the following report:

Mr. Speaker: Your Committee on Ways and Means 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 396. Do Pass. HB 398. Do Pass. HB 395. Do Pass. HB 358. Do Pass. HB 357. Do Pass. HB 394. Do Pass. HB 392. Do Pass. HB 359. Do Pass. HB 355. Do Pass. HB 167. Do Pass. HB 181. Do Pass. HB 393. Do Pass. HB 356. Do Pass, as Amended.
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 by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:

SB 31. By Senators Edenfield of the 4th, Campbell of the 31st and Carlisle of the 51st:
A Bill to amend the Teachers Retirement System of Georgia, to provide

TUESDAY, FEBRUARY 3, 1953

351

that a teacher, after 15 years of creditable service, and becomes mentally or physically incapicitated, may retire at 75% of his service retirement at age 60; and for other purposes.

SB 38. By Senator Carlisle of the 51st:
A bill to provide for the qualification of persons to be elected Ordinary in any county having a population of 100,000 or more; to exempt ordinaries now holding office, and for other purposes.

SB 39. By Senators Carlisle of the 51st, Campbell of the 31st and Jordan of the 25th:
A bill to amend the act creating the position of Chief Justice Emeritus by providing that continuous service as Solicitor General, Attorney General, or Judge of the Superior Court or Judge of the Court of Appeals shall be counted in the twenty years service required under said act; and for other purposes.
SB 40. By Senators Carlisle of the 51st and Campbell of the 31st:
A bill to amend an Act to define reckless driving and to prohibit same approved March 24, 1939 (Ga. Laws 1939, p. 295), so as to make it unlawful for any person to operate a motor vehicle on a private street, public park, "drive-in", parking lot, school yard, or other place of public gathering in a reckless manner; and for other purposes.
SB 50. By Senator Edenfield of the 4th:
A bill to amend Chapter 68-2 of the Code of Georgia providing for the licensing of motor vehicles; to provide a sworn statement as to the purchase of motor vehicle sought to be registered requiring the owner to furnish a sworn statement as to liens thereon; and for other purposes.
SB 53. By Senator Singleton of the 24th:
A bill to repeal Section 68-201 of the Code of Georgia which provides for "Registration and license of motor vehicles and chauffeurs; penalties."; and reenact a new section to provide such penalties and endorsement fees accredited to the members of the State Highway Patrol and State Motor Vehicle License Inspectors shall be paid to the State Treasurer; and for other purposes.
SB 55. By Senator Jordan of the 25th:
A bill to amend an act which abolished the offices of tax collector and tax receiver of Talbot County and created the office of tax commissioner and provided for his salary and duties so as to increase salary of said tax commissioner from $900.00 per annum to $2,500.00 per annum, and for other purposes.
SB 59. By Senators Edenfield of the 4th, Dean of the 34th, Kiker of the 41st and Carlisle of the 51st:
A bill to amend an Act approved March 29, 1937 known as the Unemployment Compensation Law (Georgia Laws 1937) as amended (Now Employment Security Law) by providing for special computation dates for possible tax reduction for employers, and for other purposes.

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JOURNAL OF THE HOUSE,

SR 20. By Senator Hall of the 9th:
A Resolution proposing an Amendment to Article VIII, Section V, Paragraph I of the Constitution to provide for the division of Baker County into school districts; to provide for election of the Board of Education from such school district; and for other purposes.

HB 6. By Mr. Greer of Lanier:
A bill to amend an Act to provide for the destruction by the various County Departments of Public Welfare of obsolete public assistance case records and related financial and statistical forms and reports, and for other purposes.

HB 20. By Mr. Dews of Calhoun:
A bill to amend an Act relating to the filing and serving of demurrers and pleas, so as to provide for dismissing demurrers, pleas or cross-actions when the moving party fails to provide the opposite party with copies thereof; and for other purposes.

HB 63. By Messrs. Twitty and Hand of Mitchell and others:
A bill to amend an Act creating the State Board of Corrections, so as to provide for the procedure for the establishment of county public works camps and the receiving and withdrawal of prisoners therefrom; and for other purposes.

HB 80. By Messrs. Hollis, Pickard and Young of Muscogee:
A bill to provide that the County of Muscogee shall supplement the salary of the Judge of the Superior Courts of the Chattahoochee Circuit; and for other purposes.

HB 173. By Messrs. Haar and Sipple of Chatham:
A Bill to amend an Act creating the City Court of Savannah, 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 5. By Mr. Greer of Lanier:
A Bill to amend an Act known as the Georgia Adoption Law; to provide for the reimbursement by the State Department of Public Welfare to County or District Welfare Departments the amount expended for administrative expenses incurred in matters of adoption; and for other purposes.
HB 62. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smit~ of Emanuel:

TUESDAY, FEBRUARY 3, 1953

353

A Bill to be entitled an Act relating to the safekeeping and support of convicts, etc., 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 181. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act so as to increase the maximum amount of grants to public hospitals and public health centers, and for other purposes.
HB 252. By Messrs. Hamilton of Appling, Frier of Ware and Deen of Bacon:
A Bill to be entitled an Act to establish a legal rule by which the number of board feet in logs or trees shall be estimated, and for other purposes.
BB 270. By Mr. Murr of Sumter:
A Bill to be entitled an Act to permit the use of baskets in the taking of rough fish in the waters of Georgia, and for other purposes.
HB 271. By Messrs. Edenfield of Mcintosh, Murr of Sumter, and Nightingale and Gowen of Glynn:
A Bill to be entitled an Act to repeal Section 45-502 of the Code of Georgia of 1933 relating to fish peddlers and fish sellers licenses, and for other purposes.

HB 272. By Mr. Edenfield of Mcintosh:
A Bill to be entitled an Act to require shrimp fishermen to obtain licenses from the State Game and Fish Commissioner, and for other purposes.
HB 278. By Mr. Edenfield of Mcintosh:
A Bill to be entitled an Act to amend an Act so as to exempt commercial fishermen from the provisions of said Act requiring license fees, and for other purposes.

HB 294. By Mr. Bell of Richmond:
A Bill to be entitled an Act to provide for a one-year limitation for action on a breach of covenant restricting lands to certain uses, and for other purposes.

HB 299. By Messrs. Willingham of Cobb, Tumlin of Bartow, and others:
A Bill to be entitled an Act to require payment of all ad valorem taxes on motor vehicles before issuing license tags, and for other purposes.

HB 300. By Mr. Edenfield of Mcintosh: A Bill to be entitled an Act to repeal an Act and to enact a new law

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JOURNAL OF THE HOUSE,

making it unlawful to use a net in any of the tidal or salt waters of Georgia, and for other purposes.

HB 321. By Messrs. Graham of Richmond and Hall of Floyd:
A Bill to be entitled an Act to amend Section 92-2902 of the Code of Georgia so as to provide for fees for trailers transporting household and office fixtures, and for other purposes.

HB 326. By Messrs. Edenfield of Mcintosh, Murr of Sumter, and others:
A Bill to be entitled an Act to make it a misdemeanor to hunt, fish or trap without obtaining and carrying a proper license, and for other purposes.

HB 337. By Messrs. Williams of Franklin, Jordan of Gwinnett, and others:
A Bill to be entitled an Act to provide for the discharge of temporary administrators, and for other purposes.

HB 343. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act so as to change the amount of bond of the Tax Commissioner of Webster County, and for other purposes.

HB 344. By Mr. Black of Webster: A Bill to be entitled an Act to provide supplemental compensation to the sheriff of Webster County, and for other purposes.
HB 345. By Mr. Black of Webster: A Bill to be entitled an Act to amend an Act so as to increase the salary of the Tax Commissioner of Webster County, and for other purposes.

HB 346. By Mr. Black of Webster:
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 Webster County, and for other purposes.

HB 348. By Mr. Black of Webster:
A Bill to be entitled an Act to provide supplemental eompensation to the Clerk of the Superior Court of Webster County, and for other purposes.

HB 350. By Mr. Black of Webster:
A Bill to be entitled an Act to provide supplemental compensation to the Ordinary of Webster County, and for other purposes.

HB 351. By Mr. Ray of Warren: A Bill to be entitled an Act to consolidate the offices of Tax Receiver

TUESDAY, FEBRUARY 3, 1953

355

and Tax Collector of Warren County into the office of County Tax Commissioner of Warren County, and for other purposes.

HB 352. By Mr. Drinkard of Lincoln:
A Bill to be entitled an Act to amend an Act so as to change the Road District of Lincoln County, and for other purposes.

HB 353. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend Section 27-906 of the Code of Georgia so as to authorize the presiding judge to order the scire facias returnable to another term of court, and for other purposes.

HB 356. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act so as to provide for the settlement of any tax fi. fa. by the State Revenue Commissioner, and for other purposes.

HB 363. By Messrs. Graham, Bell, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Court Reporter of the Superior Court of Richmond County, and for other purposes.

HB 364. By Messrs. Graham, Bell, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Court Reporter of the City Court of Richmond County, and for other purposes.

HB 369. By Messrs. Graham, Bell, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Solicitor General of Richmond County, and for other purposes.

HB 370. By Messrs. Graham, Bell, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Assistant Solicitor General of Richmond County, and for other purposes.

HB 371. By Messrs. Graham, Bell and Holley of Richmond:

A Bill to be entitled an Act authorizing Richmond County to levy assessments for paving sidewalks in certain subdivisions, and for other purposes.

HB 372. By Messrs. Haar, McGee, and Sipple of Chatham:
A Bill to be entitled an Act to amend an Act by making certain judges of the courts of Savannah eligible for pensions, and for other purposes.

HB 377. By Messrs. Hicks, Hall, and Scoggin of Floyd: A Bill to be entitled an Act to amend an Act so as to change the com-

356

JOURNAL OF THE HOUSE,

pensation of the Clerk of the Court of Ordinary in certain counties, and for other purposes.

HB 382. By Mr. Deal of Bryan:
A Bill to be entitled an Act to amend an Act so as to provide that procedure in the City Court of Pembroke will conform to Superior Court Procedure in civil cases, and for other purposes.

HB 384. By Mr. Layton of Irwin:
A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Irwin County and create the office of Tax Commissioner of Irwin County, and for other purposes.

HB 387. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to amend an Act creating the City Court of Eastman, and for other purpo_ses.

HB 400. By Messrs. McWhorter, Rutland, and Turner of DeKalb:
A Bill to be entitled an Act to create a Board of Commissioners for DeKalb County, and for other purposes.

HB 401. By Messrs. Birdsong and Groover of Troup:
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 LaGrange, and for other purposes.

HB 404. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Tax Commissioner of Union County, and for other purposes.

HR 89-298a. By Messrs. Harris, McKenna, and Groover of Bibb:
A Resolution authorizing the Governor to exchange lands with the City of Macon, and for other purposes.

HR 90-298b. By Messrs. Stephens of Clarke, Layton of Irwin, and others:
A Resolution designating certain roads as Route No. 2 of the Jefferson Davis Highway, and for other purposes.

HR 100-337d. By Mr. Moore of White.
A Resolution authorizing the Governor to acquire certain lands in Towns County for the expansion of the State Parks System, and for other purposes.

HR 104-337h. By Messrs. Hand of Mitchell, Smith of Emanuel, and Hall of Floyd:
A Resolution proposing a constitutional amendment providing for the appointment of a County School Superintendent by the County Board of Education, and for other purposes.

TUESDAY, FEBRUARY 3, 1953

357

HR 110-337n. By Messrs. Edenfield of Mcintosh, Gowen of Glynn, and others:
A Resolution creating a Commission to study the advisability of creating a new department to administer and enforce the Game and Fish Laws in the six tidewater counties of Georgia, and for other purposes.

HR 115-362d. By Mr. Murphy of Haralson:
A Resolution requesting the State Librarian to furnish certain law books to the Clerk of the Superior Court of Haralson County, and for other purposes.
HR 124-398c. By Messrs. Register of Lowndes, Musgrove of Clinch, and others:
A Resolution providing for the appointment of a joint committee to investigate the subject of water conservation in South Georgia, and for other purposes.

HR 127-414a. By Mr. Drinkard of Lincoln:
A Resolution officially designating the State Park in Lincoln County as the "Elijah Clarke Memorial Park," and for other purposes.

SB 46. By Senator Edenfield of the 4th:
A Bill to be entitled an Act to amend an Act creating the Jekyll Island State Park Authority, and for other purposes.

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

HB 340. By Messrs. Graham, Bell, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to provide that the members of the Board of Education of Richmond County shall be elected by the voters 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 360. By Mr. Ayers of Madison:
A Bill to be entitled an Act to provide that in certain counties any person charged with hunting or fishing without a license may enter a plea of guilty in the Court of Ordinary, and for other purposes.

The report 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.

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JOURNAL OF THE HOUSE,

HB 374. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act so as to provide that the clerks of the superior courts of certain counties shall receive annual salaries in lieu of divisions of certain fees, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 385. By Mr. Layton of Irwin:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Board of Commissioners 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

Mr. Wooten of Randolph moved that the House reconsider its action in failing to pass the following Bill of the House:

HB 176. By Messrs. Wooten of Randolph and Musgrove of Clinch:
A Bill to be entitled an Act to amend Section 24-2728 of the Code of Georgia so as to increase certain fees of the clerks in certain counties, and for other purposes.
The motion prevailed, and HB 176 was placed at the foot of the Calendar.
By unanimous consent, the following Resolution and Bills of the Senate were read the first time and referred to the committees:
SR 20. By Senator Hall of the 9th:
A Resolution proposing an amendment to the constitution so as to provide for the division of Baker County into School Districts; and for other purposes.
Referred to the Committee on Amendments to the Constitution # 2.
SB 31. By Senators Edenfield of the 4th, Campbell of the 31st and Carlisle of the 51st:
A Bill to be entitled an Act to amend an Act establishing a Teacher Retirement System, so as to make certain changes regarding the disability retirement and death provisions; and for other purposes.
Referred to the Committee on Pensions.
SB 38. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to provide that no person shall be elected

TUESDAY, FEBRUARY 3, 1953

359

Ordinary of a County having therein a population of 100,000 or more, unless such person shall have attained the age of 30 years and shall have either practiced law for 3 years next preceding his election or shall have served as much as 5 years as a Clerk of Court of Ordinary; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 39. By Senators Carlisle of the 51st, Campbell of the 31st and Jordan of the 25th:
A Bill to be entitled an Act to amend the Act creating the position of Chief Justice Emeritus, and for other purposes.
Referred to the Committee on Pensions.

SB 40. By Senators Carlisle of the 51st, Campbell of the 31st:
A Bill to be entitled an Act to amend an Act to define reckless driving and to prohibit same, so as to make it unlawful for any person to operate a motor vehicle on a private street, public park, "drive-in" parking lot, a school yard, or other place of public gathering in a reckless manner; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 47. By Senator Walker of the 45th:
A Bill to be entitled an Act to amend an Act to abolish the office of Tax Receiver and Tax Collector of Telfair County; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 48. By Senator Walker of the 45th:
A Bill to be entitled an Act to create the office of Commissioner of Roads and Revenues in and for the County of Telfair, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 50. By Senator Edenfield of the 4th:
A Bill to be entitled an Act to amend an Act providing for the licensing of motor vehicles and chauffeurs as heretofore amended by requiring the furnishing of additional information including a sworn statement in writing as to the purchase of the motor vehicle sought to be registered, etc., and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 52. By Senator Hall of the 9th:
A Bill to be entitled an Act to amend the Act creating the Board of Commissioners of Roads and Revenues of Baker County, and for other purposes.
Referred to the Committee on Counties and County Matters.

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JOURNAL OF THE HOUSE,

SB 53. By Senator Singleton of the 24th:
A Bill to be entitled an Act to repeal an Act which provides for "Registration and license of motor vehicles and chauffeur's", and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 55. By Senator Jordan of the 25th:
A Bill to be entitled an Act to amend an Act which abolished the offices of Tax Collector and Tax Receiver of Talbot County; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 59. By Senators Edenfield of the 4th, Dean of the 34th, Kiker of the 51st and others:
A Bill to be entitled an Act to amend an Act known as the "Unemployment Compensation Law," by providing for special computation dates for possible tax reduction for employers, and for other purposes.
Referred to the Committee on Industrial Relations.
The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 38. By Mr. Campbell of Oconee:
A Resolution providing for the adjournment of the General Assembly, and for other purposes.
The following Senate amendment to HR 38 was read:
Senator Millican of the 52nd:
Amend last paragraph of HR 38 by striking same in its entirety and inserting in lieu thereof the following:
"Now Therefore be it Resolved by the Senate, the House of Representatives concurring, that the General Assembly of Georgia stand adjourn- ed on Saturday, February 21, 1953 at six o'clock PM to re-convene on. Monday, Jan. 11, 1954 for the completion of the 1953-54 session.
Mr. Twitty of Mitchell moved that the House disagree to the Senate amendment to HR 38.
Mr. Greer of Lanier moved that the House agree to the Senate amendment. to HR 38.
On the motion to agree, the ayes were 61, nays 83.
The motion was lost, and the House disagreed to the Senate amendment to HR 38.
Under the regular order of business, the following Bill of the House was again taken up for consideration:

TUESDAY, FEBRUARY 8, 1953

361

HB 47. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to require judges to wear black robes while presiding in court, and for other purposes.

The following amendment to HB 47 was read and adopted:
Mr. Veal of Putnam moves to amend HB 47 as follows: By inserting in subparagraph (a), following the word "judges" the following: "of the Superior Courts", and by striking the following from said section "of the judiciary."
Mr. Brantley of Upson moved the previous question.

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. M. Smith of Fulton moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs:

Abney of Catoosa Adams of Evans Adams of Upson Alexander Ayers Barber of Colquitt Barber of Jackson Baughman Bell Bentley Best Blalock Bloodworth Bolton Brannen Brantley Brazeal Britton Brown Byrd Callier Campbell of Walker
Carswell Clary Coffin Conger Connell Cummings
Dean of Towns Deen of Bacon Dews Dunaway Duncan Edenfield Floyd

Foster Fowler Frier Garrard Gilder Gillis Goodson Gowen Green of Baldwin Green of Rabun Greene of Crisp Greer Groover of Troup Gunter Haar Hale Hall Hamilton Harper Harrell Harrison of Jenkins Henderson Hicks Hodges Hollis Holton Hopkins Ingle
lvey
Jordan of Wheeler Key Land Lanier Lavender Lewis

Lifsey Lokey McCracken McGarity McGee McKenna Matheson Mauldin Mincey Mishoe Moate Mobley Moore of White Moses Moye Murphey of Crawford Nightingale Phillips of Columbia Phillips of Walton Potts Ray Register Rutland Short Sipple of Chatham Smiley
Smith of Cobb Hoke Smith of Fulton
M. M. Smith of Fult01 Stephens of Clarke Tamplin Tarpley Todd Trapnell Turner

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JOURNAL OF THE HOUSE,

Twitty Upshaw Veal Walker

Watson Weems White Whitener

Wiggins Wilkinson Williams of Franklin Wooten

Those voting in the negative were Messrs:

Black Blackburn Bodenhamer Boggus Bray
Buie Carter Clark Cloud Coker Coogle Cornelius Denton Drinkard Edwards Freeman Groover of Bibb

Harris Harrison of Wayne Hayes Holloway Huddleston Hughes Jackson Jessup Johnson Jordan of Gwinnett King
Layton Little Martin Moore of Pickens Mull Murphy of Haralson

Murr Musgrove Otwell Parker Peacock Perkins Raulerson Russell Stevens of Marion Stewart Stocks Strickland Swindle Tumlin Wardlow Willis Young

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

On the passage of the bill, as amended, the ayes were 117, nays 51.

The bill, having received the requisite constitutional majority, was passed, as amended.

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 17. By Messrs. Haar, McGee, and Sipple of Chatham:
A Bill to be entitled an Act to amend Section 92-6910 of the Code of Georgia relating to County Board of Tax Assessors and the employment of agents to seek out unreturned property, and for other purposes.
An amendment offered by Mr. Tarpley of Union 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 104, nays 20.
The bill, having received the requisite constitutional majority, was passed.

HB 180. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to amend an Act relating to the order and scope of examination of witnesses whose depositions are taken before Court Commissioners, and for other purposes.

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

TUESDAY, FEBRUARY 3, 1953

363

On the passage of the bill, Mr. Hollis of Muscogee moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs:

Abney of Catoosa Adams of Evans Adams of Upson Barber of Colquitt Baughman Blalock Bloodworth Boggus
Bolton Brannen Bray
Brooks Buie Callier Campbell of Oconee Campbell of Walker Carswell Carter Coker Conger Connell Cummings Dean of Towns Denton Dews Duncan Edwards Floyd Foster Freeman Garrard Gillis Gowen Green of Rabun Groover of Bibb

Groover of Troup Gunter Haar Hale Hall Hamilton Harper Harris Harrison of Jenkins Hayes Henderson Hicks Hodges Hollis Holloway Holton Hopkins
Huddleston Hughes Ingle Jackson Jessup Jordan of Wheeler Kemp Key King Land Lanier Layton Lewis Lokey McGee McKenna McWhorter Matheson

Mauldin Moore of White Moye
Mull Murphey of Crawford Nightingale
Otwell Parker Peacock Potts Register Russell Short Sipple of Chatham Smiley Smith of Cobb Hoke Smith of Fulton Stephens of Clarke Tallant Tamplin Trapnell Tumlin Turner Twitty Upshaw Veal Walker Wardlow Watson Weems Whitener Wiggins Wooten Young

Those voting in the negative were Messrs:

Ayers Bodenhamer Brantley
Brazeal Britton Brown Byrd
Clark Clary Coffin Cornelius Deen of Bacon Dunaway

Flynt Fowler Frier
Gilder Green of Baldwin Greene of Crisp Harrell Harrison of Wayne Johnson Jordan of Gwinnett Little McCracken Mincy

Moate Moore of Pickens Moses Murr Musgrove
Nelson Perkins Phillips of Walton Raulerson Sivell Stewart Stocks Strickland

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JOURNAL OF THE HOUSE,

Tarpley Terrell

Todd White

Wilkinson Willis

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

On the passage of the bill, the ayes were 104, nays 45.

The bill, having received the requisite constitutional majority, was passed.

HB 185. By Mr. Hicks of Floyd.
A Bill to be entitled an Act to provide for pre-trial procedure in civil actions in the 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 124, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 198. By Messrs. Williams of Bulloch and Lanier of Candler:
A Bill to be entitled an Act to regulate the practice of midwifery, and for other purposes.
By unanimous consent, HB 198 was tabled.

HB 233. By Messrs. Tumlin of Bartow, McGarity of Henry, and others:
A Bill to be entitled an Act to regulate the renting of boats, and for other purposes.

The following amendments to HB 233 were read and adopted:
Messrs. Cloud and Conger of Decatur move to amend HB 233 so that nothing contained therein shall apply to Decatur County.
Mr. Musgrove of Clinch moves to amend HB 233 so that Clinch County shall not come under the provisions of said Act.
An amendment offered by Mr. Nightingale of Glynn was read and lost.
Mr. Tumlin of Bartow moved that further consideration of HB 233 be postponed until Thursday, February 5, 1953, immediately following the period of unanimous consents, and the motion prevailed.

SB 12. By Senator Jordan of the 25th:
A Bill to be entitled an Act to amend Section 26-2609 of the Code of Georgia so as to increase the punishment for stealing cattle, and for other purposes.

The following Committee amendment to SB 12 was read and adopted:
Strike the words "for not less than six nor more than twenty years" wherever the same appear in Section 1 of said bill, and inserting in lieu thereof the words "for not less than two nor more than seven years," so that said Section 1, as so amended, shall read as follows:

TUESDAY, FEBRUARY 3, 1953

365

"Section 26-2609 of the Code of Georgia of 1933, relating to the punishment for cattle stealing, is hereby amended by striking the words "not less than two nor more than four years" and inserting in lieu thereof the words "for not less than two nor more than seven years," so that said section when so amended shall read as follows:
'The stealing of one or more animals falling under the above description of cattle shall be punished by imprisonment in the penitentiary for not less than two nor more than seven years.' "
The following substitute to SB 12, offered by Mr. Callier of Talbot, was read and adopted:
A BILL
To be entitled an Act to amend Section 26-2609 of the Code of Georgia of 1933, relating to the punishment for cattle stealing, so as to increase said punishment; to repeal conflicting laws, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
Section 1. Section 26-2609 of the Code of Georgia of 1933, relating to the punishment for cattle stealing, is hereby amended by striking the words "not less than two nor more than four years" and inserting in lieu thereof the words "for not less than four nor more than ten years", so that said section when so amended shall read as follows:
"The stealing of one or more animals falling under the above description of cattle shall be punished by imprisonment in the penitentiary for not less than four nor more than ten years.''
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, as amended, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 126, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 247. By Messrs. Dews of Calhoun, Matthews of Clarke, and others:
A Bill to be entitled an Act to provide for the creation of a State Literature Commission, and for other purposes.

The following Committee amendment to HB 247 was read and adopted:
The Committee on General Judiciary No.1 moves to amend HB 247 by striking Paragraph 7 in its entirety and inserting in lieu thereof the following:
Provided that this Act does not apply and hereby exempts all weekly and daily newspapers, all Federal and State matters, and all reading matter used in the recognized Religions, Scientific or Educational Institutions of these U. S. A.
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.

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JOURNAL OF THE HOUSE,

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 Bill of the House was recommitted to the Committee on Hygiene and Sanitation:
HB 195. By Messrs. Williams of Bulloch and Lanier of Candler:
A Bill to be entitled an Act to empower the State Board of Health to promulgate rules and regulations relating to the control of contagious tuberculosis, 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 substitute as amended by the Senate to the following bill of the Senate:

SB 3.

By Senators Edenfield of the 4th, Blitch of the 5th, Millican of the 52nd, Shepherd of the lOth and Coker of the 39th:
A Bill to create a State Bridge Building Authority; to authorize the Authority to acquire from the state right-of-way; to authorize the construction of self-liquidating projects; to confer powers and impose duties on the Authority; to authorize the issuance of revenue bonds, and for other purposes.

The Senate has agreed to the House substitute to the following bill of the Senate:

SB 2.

By Senators Edenfield of the 4th, Blitch of the 5th, Kennedy of the 47th, and others:
A Bill to amend the act creating the State Highway Board; to authorize the State Highway Board to execute, lease, contract for the use of projects as provided by the State Bridge Building Authority Act, and for other purposes.

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

Mr. Speaker:
The Senate has receded from its position in amending the following resolution of the House to-wit:

HR 38. By Mr. Campbell of Oconee:
A Resolution providing for the adjournment of the General Assembly of Georgia, and for other purposes.

TUESDAY, FEBRUARY 3, 1953

367

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

SB 3.

By Senators Edenfield of the 4th, Blitch of the 5th, and others:
A Bill to be entitled an Act creating the State Bridge Building Authority, and for other purposes.

The following Senate amendment to the House substitute to SB 3 was read:
Senator Millican of the 52nd moves to amend House substitute to SB 3, page 5 (E) lines 4 and 5 by strking the words "fees of consultants."
Mr. Twitty of Mitchell moved that the House agree to the Senate amendment to the House substitute to SB 3.
On the motion, the ayes were 129, nays 1.
The Senate amendment to the House substitute to SB 3 was agreed to.

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.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Wednesday, February 4, 1953.

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 Reverend Bob Slimp, Pastor, Talbot Methodist Circuit.

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

Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings has been read and found to be cor-
rect.

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 firset part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 of the House were introduced, read the first time, and referred to the Committees:

HB 428. By Mr. Little of Peach:
A Bill to be entitled an Act to amend an Act incorporating the City of Fort Valley, and for other purposes.
Referred to the Committee on Municipal Government.

HB 429. By Mr. Stewart of Echols:
A Bill to be entitled an Act to amend an Act relating to the practice of law by Clerks of the Superior Court; to provide for the exemption from the terms of said section those Clerks of the Superior Court in counties having less than 3,000 population, and for other purposes.
Referred to the Committee on General Judiciary # 1.

WEDNESDAY, FEBRUARY 4, 1953

369

HB 430. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act changing 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 431. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Cobb Connty into the office of Tax Commissioner of Cobb County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 432. By Messrs. Adams and Brantley of Upson:
A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Upson County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 433. By Messrs. Brantley and Adams of Upson:
A Bill to be entitled an Act to provide for the terms of office of the members of the Board of Commissioners of Roads and Revenues of Upson County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 135-433a. By Mr. Tamplin of Morgan:
A Resolution to provide the Clerk of the Superior Court of Morgan County certain enumerated volumes of Georgia Laws, and for other purposes.
Referred to the Committee on Public Library.

HR 136-433b. By Mr. Coogle of Macon:
A Resolution to compensate I. P. Cox for damages resulting from the negligence of an employee of the Georgia State Patrol, and for other purposes.
Referred to the Committee on Special Appropriations.

HB 434. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to be entitled an Act to amend an Act to establish a City Court in Richmond County; to provide for the appointment of a Judge and Solicitor thereof, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 435. By Mr. Nightingale of Glynn: A Bill to be entitled an Act to amend an Act relating to the definition

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JOURNAL OF THE HOUSE,

of "Employer" and "Employee", so as to include Firemen and policemen in the term "Employee", etc., and for other purposes.
Referred to the Committee on Industrial Relations.

HB 436. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Richmond, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 437. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta and the City Council of Augusta, so as to authorize the City Council to close, abandon and declare vacant as streets a certain portion of Gwinnett Street, and for other purposes.
Referred to the Committee on Municipal Government.

HB 438. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to be entitled an Act to provide for the appointment of an assistant solicitor of the City Court of 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 439. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act providing for fees of Clerks in certain counties, so as to provide that the fees enumerated therein shall be collected in all counties having a population of not less than 100,000 and not more than 110,000, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 137-439a. By Mr. Tumlin of Bartow:
A Resolution requesting the State Highway Department to raise the minimum wage scale of certain employees and compensate them for other expenses incurred while working, and for other purposes.
Referred to the Committee on Hygiene # 1.
HR 138-439b. By Messrs. Stephens and Matthews of Clarke:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly of Georgia shall be authorized to pass a special act or acts to effectuate the merge of the existing independent school system known as the Board of Education of Athens, Georgia, Clarke County, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.
HR 139-439c. By Messrs. Flynt of Taliaferro and Ray of Warren:
A Resolution authorizing the Governor, acting for and on behalf of

WEDNESDAY, FEBRUARY 4, 1953

371

the State of Georgia, to convey certain property in Taliaferro County, being a portion of the Alexander Stephens State Park, and for other purposes.
Referred to the Committee on Public Property.
Mr. Hall of Floyd 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 19. Do Pass, by substitute. Respectfully submitted, Hall of Floyd, Chairman.

Mr. Hollis of Muscogee 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 24. Do Pass, as amended.

SB 21. Do Pass.

Respectfully submitted, Hollis of Muscogee,

Chairman.

Mr. Adams of Evans County, Chairman of the Committee on Pensions, submitted the following report:

Mr. Speaker:

Your Committee on Pensions 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 105. Do Pass, by substitute.

HB 254. Do Pass.

SB 39. Do Pass.

HB 263. Do Pass.

Respectfully submitted, Adams of Evans,

Chairman.

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JOURNAL OF THE HOUSE,

Mr. Brazeal of Terrell County, Chairman of the Committee on Public
Highway # 1, submitted the following report:

Mr. Speaker:
Your Committee on Public Highway # 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 recommendation:
HB 366. Do Pass.
Respectfully submitted,
Brazeal of Terrell,
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 follpwing 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 133. Do Pass.

HB 389. Do Pass.

HB 405. Do Pass.

HR 40-202b. Do Not Pass. Respectfully submitted, McCracken of Jefferson,

Chairman.

Mr. Ray of Walker 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 386. Do Pass.

HB 397. Do Pass, by substitute.

HB 391. Do Pass, by substitute. Respectfully submitted,

Ray of Walker,

Chairman.

WEDNESDAY, FEBRUARY 4, 1953

373

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

Mr. Speaker:
The Senate has passed by the r~quisite constitutional majority the following bills of the Senate and House to-wit:

SB 24. By Senator Millican of the 52nd:
A Bill to amend the Hospital Authorities Law by authorizing political subdivision to assess an additional two mills levy to be used for acquiring, constructing, equipping, altering, modernizing or repairing hospital projects, and for other purposes.

SB 51. By Senators Carlisle of the 51st and Singleton of the 24th:
A Bill to amend the Teachers Retirement System to provide that a county or independent boards of education may allow not more than two teachers who have reached the age of seventy to remain in their school systems for a period not to exceed three years for the efficient operation of the system, and for other purposes.

SB 63. By Senator Millican of the 52nd:
A Bill to amend an act to extend, fix and prescribe the right to redeem property sold under tax executions so as to provide that the foreclosure of the right of redemption shall not remove from the property any lien for taxes or special assessments, and for other purposes.

HB 48. By Messrs. Perkins of Carroll, Deen of Bacon, and others:
A Bill to be entitled an Act to amend an Act which prohibited clerks of courts from charging veterans of certain wars a fee for recording their discharge certificates, and for other purposes.

HB 64. By Messrs. Conger and Cloud of Decatur:
A Bill to allow any incorporated municipality of this State to act as Trustee of any funds donated to any cemetery within the limits of said municipality, and for other purposes.

HB 95. By Messrs. Gardner and Watson of Dougherty:
A Bill to amend an Act authorizing certain political subdivisions of the State to provide and maintain recreation systems, and for other purposes.

HB 114. By Messrs. Connell and Register of Lowndes:
A Bill requiring witnesses in civil cases pending in courts of the State of Georgia to appear in person to testify therein when they reside beyond the limits of the County in which the case is pending, and for other purposes.
HB 125. By Messrs. Campbell of Oconee and Fowler of Douglas:

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JOURNAL OF THE HOUSE,

A Bill to amend an Act regulating the marketing of eggs, and for other purposes.

HB 202. By Messrs. Twitty of Mitchell and others:
A Bill to provide that a prima facie case shall be made out in actions respecting title to land without the necessity of providing title to the original grant from 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 passed as amended by the requisite constitutional majority the following bill of the House to-wit:
HB 160. By Messrs. Stephens and Matthews of Clarke, Ray of Warren, Twitty of Mitchell, Freeman of Monroe, Campbell of Oconee and others:
A Bill to amend an Act relating to a pension for widows of Confederate Soldiers, and for other purposes.

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

HB 19. By Messrs. Matheson of Hart, Williams of Franklin, and others:
A Bill to be entitled an Act to provide that all school buses shall be equipped with heaters, and for other purposes.

HB 24. By Messrs. Bell and Holley of Richmond, Harrison of Jenkins, and Key of Jasper:
A Bill to be entitled an Act to provide for the liability of owners of livestock running at large on the public highways, and for other purposes.

HB 105. By Messrs. Connell of Lowndes, Greer of Lanier, and others:
A Bill to be entitled an Act to amend an Act so as to change the amount paid in by the members of the peace officers' fund, and for other purposes.

HB 133. By Mr. Dean of Towns:
A Bill to be entitled an Act to amend certain sections of the Code of Georgia relating to voting by absentee ballots, and for other purposes.

HB 254. By Messrs. Nightingale of Glynn, Lifsey of Lamar, and others:
A Bill to be entitled an Act to amend an Act making provisions for the coverage of certain officers and employees of political subdivisions under the old age and survivors insurance provisions, and for other purposes.

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375

HB 263. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to amend an Act so as to provide that any person receiving a pension under the Old Age Assistance Act may earn up to $30.00 per month, and for other purposes.

HB 366. By Messrs. Carswell of Burke, Ray of Warren, and others:
A Bill to be entitled an Act to repeal Section 92-2001 of the Code of Georgia relating to the erection of signs within the right of way limits of public roads, and for other purposes.

HB 389. By Messrs. McCracken of Jefferson, Musgrove of Clinch, and others:
A Bill to be entitled an Act to amend Section 85-1604 of the Code of Georgia so as to provide that the Ordinary in each county shall appoint land processioners, and for other purposes.

HB 405. By Messrs. H. Smith of Fulton, Ray of Warren, and others:
A Bill to be entitled an Act to amend an Act known as the Hospital Authorities Law, and for other purposes.

SB 21. By Senators Jordan of the 25th and Singleton of the 24th:
A Bill to be entitled an Act to authorize a contingent expense allowance for the judges and solicitors general of the Superior Courts, and for other purposes.

SB 39. By Senators Carlisle of the 51st, Campbell of the 31st, and Jordan of the 25th:
A Bill to be entitled an Act to amend an Act creating the position of Chief Justice Emeritus, and for other purposes.

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

HB 343. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act so as to change the amount of bond of the Tax Commissioner of Webster County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 344. By Mr. Black of Webster:
A Bill to be entitled an Act to provide supplemental compensation to the sheriff of Webster County, and for other purposes.

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The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 345. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Tax Commissioner of Webster County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 346. By Mr. Black of Webster:
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 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 348. By Mr. Black of Webster:
A Bill to be entitled an Act to provide supplemental compensation to the Clerk of the Superior Court 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 350. By Mr. Black of Webster: A Bill to be entitled an Act to provide supplemental compensation to the Ordinary 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 108, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 351. By Mr. Ray of Warren: A Bill to be entitled an Act to consolidate the offices of Tax Receiver

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and Tax Collector of Warren County into the office of County Tax Commissioner of Warren County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 352. By Mr. Drinkard of Lincoln:
A Bill to be entitled an Act to amend an Act so as to change the Road District of Lincoln County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 115-362d. By Mr. Murphy of Haralson:
A Resolution requesting the State Librarian to furnish certain law books to the Clerk of the Superior Court of Haralson 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.

HB 363. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Court Reporter of the Superior Court of Richmond County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 364. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Court Reporter of the City Court of Richmond County, and for other purposes.

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

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On the passage of the bill, the ayes were 113, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 369. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Solicitor General 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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 370. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Assistant Solicitor General 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 371. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act authorizing Richmond County to levy assessments for paving sidewalks in certain subdivisions, and for other purposes.

The report 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 372. By Messrs. Haar, McGee and Sipple of Chatham:
A Bill to be entitled an Act to amend an Act by making certain judges of the courts of Savannah eligible for pensions, and for other purposes.

The report 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 377. By Messrs. Hicks, Hall and Scoggin of Floyd: A Bill to be entitled an Act to amend an Act so as to change the

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compensation of the Clerk of the Court of Ordinary 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 382. By Mr. Deal of Bryan:
A Bill to be entitled an Act to amend an Act so as to provide that procedure in the City Court of Pembroke will conform to Superior Court procedure in civil cases, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 384. By Mr. Layton of Irwin:
A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Irwin County and create the office of Tax Commissioner of Irwin Couny, and for other purposes.
The report 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 387. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to amend an Act creating the City Court of Eastman, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 401. By Messrs. Birdsong and Groover of Troup:
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 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 122, nays 0.
The bill, having received the requisite eonstitutional majority, was passed.

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HB 404. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Tax Commissioner of Union County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 123, 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 24. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the hospital authorities law authorizing political subdivisions to assess two additional mills to be used exclusively for the purpose of acquiring, constructing, equipping, altering, modernizing or repairing hospital projects, and for other purposes.
Referred to the Committee on State of Republic.

SB 51. By Senators Carlisle of the 51st and Singleton of the 24th:
A Bill to be entitled an Act to amend the Teachers Retirement System to provide that a county or independent boards of education may allow teachers who have reached the age of seventy to remain in their school systems for a period not to exceed three years for the efficient operation of the system, and for other purposes.
Referred to the Committee on Education # 1.

SB 63. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to extend, fix and prescribe a right to redeem property sold under tax executions so as to provide that the foreclosure of the right of redemption shall not remove from the property so sold any lien for taxes or special assessments, and for other purposes.
Referred to the Committee on General Judiciary # 2.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 62. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and Smith of Emanuel:
A Bill to be entitled an Act relating to the safekeeping and support of convicts, and for other purposes.
The following Senate amendment to HB 62 was read:
Senator Kennedy of the 47th District moves to amend House Bill No. 62 as :follows:

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By renumbering Section 4 thereof as Section 5; and
To further amend said bill by inserting therein a new section to be known as Section 4, which shall read as follows:
"Section 4. County authorities in acquiring future sites for the location of public works camps, or county authorities who construct in the future buildings for the housing of prisoners on such public works camps, shall not construct any buildings for the housing of prisoners within a mile from the city limits of any incorporated city or town with a population of 20,000 people or less, according to the 1950 Census or any future Census. This restriction shall not apply to those counties now owning property for public works camps within said mile limit nor to any county where construction bas been begun at the time of the passage of this bill."
CONSTITUTIONALITY. 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 provision or application, and to this end the provisions of this Act are declared to be severable.
Mr. Twitty of Mitchell moved that the House agree to the Senate amendment to HB 62.
On the motion to agree, the ayes were 129, nays 1.
The Senate amendment was agreed to.

HB 5.

By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act so as to provide for the reimbursement by the State Department of Public Welfare to County or District Welfare Departments amounts expended for administrative expenses in matters of adoption, and for other purposes.

The following Senate amendment to HB 5 was read:
Senator Millican of the 52nd moves to amend HB 5 by adding a new section to be known as Section 3 and reading as follows: Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Mr. Greer of Lanier moved that the House agree to the Senate amendment to HB 5.
On the motion to agree, the ayes were 106, nays 0.
The Senate amendment was agreed to.

HB 160. By Messrs. Stephens and Matthews of Clarke, and others:
A Bill to be entitled an Act to amend Section 78-204 of the Code of Georgia so as to authorize the payment of pensions to all widows of Confederate Soldiers, and for other purposes.

The following Senate amendment to HB 160 was read: Committee on Pensions moves to amend HB 160 by:
Adding in the caption before the words "to repeal conflicting laws" the

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words "to provide for the payment of pensions to any widow of a Confederate solider who has been a resident of Georgia for a certain period and who does not receive a pension from another State.", and
Striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. Section 78-204 of the Code of Georgia, as amended, relating to a pension for widows of Confederate soldiers, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section to read as follows:
'Every widow who by proper proof shows that she is a bona fide resident of this State, and that she is the widow of a soldier who enlisted and served in the military service of the Confederate States, or in a Georgia regiment or company, or under a Georgia command, or in the organized militia of the State of Georgia, during the Civil War, who died in said service or was honorably discharged therefrom, shall be entitled to receive a pension in accordance with the provisions of section 78-216: Provided, that this section shall apply only to such widows who are unmarried. Provided, further, that any widow living in Georgia for her entire life prior to February 1, 1928, and who returns to Georgia and has been a resident of Georgia for six months prior to being paid a pension, shall be paid the pension authorized by law, provided the widow does not receive a pension from another State.' "
Mr. Stephens of Clarke moved that the House agree to the Senate amendment to HB 160.
On the motion to agree, the ayes were 111, 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 392. By Messrs. Lavender of Elbert, Ray of Warren, and Campbell of Oconee:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Aet so as to provide that the Attorney General shall be served a copy of all pleadings raising the issue of taxability, and for other purposes.
The report 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 391. By Messrs. Lavender of Elbert, Ray of Warren, and Campbell of Oconee:
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 penalties for non-return shall not apply if such failure is from providential causes, and for other purposes.
The following Committee substitute to HB 391 was read and adopted:

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383

A BILL
To be .entitled an Act to amend Section 16 (c) of an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360), which provides for certain penalties and interest, so as to provide that the five percent (5%) per month penalty and the six per cent (6%) per annum interest shall not be imposed or assessed upon such dealers who are delinquent by reason of providential causes if such dealers attach proof in affidavit form to the satisfaction of the Commissioner and file the same within ten (10) days of due date, such returns may be accepted exclusive of penalties and interest; 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 the first paragraph of Section 16 (c) of the Georgia Retailers' and Consumers' Sales and Use Tax Act, which provides for certain penalties and interest, be and is hereby amended by adding at the end of line 9 immediately after the word "aggregate" the following language:
"Provided, however, if such failure is due to providential cause shown to the satisfaction of the Commissioner in affidavit form attached to the return and remittance within ten (10) days of the due date of the return, the Commissioner may accept the return exclusive of penalties and interest."
so that said first paragraph of said Section 16 (c) when so amended shall read as follows:
" (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, an addition to other penalties provided herein, a specific penalty to be added to the tax in the amount of five percent (5% ), if the failure is for not more than thirty (30) days within an additional five percent (5%) for each additional thirty (30) days, or fraction thereof, during which the failure continues, not to exceed twenty-five percent (25%) in the aggregate. Provided, however, if such failure is due to providential cause shown to the satisfaction of the Commissioner in affivavit form attached to the return and remittance within ten (10) days of due date, such returns may be accepted exclusive of penalties and interest. 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 percent (50%) of the tax bill shall be assessed.
SECTION 2.
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 123, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

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HB 393. By Messrs. Lavender of Elbert, Ray of Warren, and Campbell of Oconee:
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 sales to certain persons for resale shall be deemed taxable sales, and for other purposes.

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

HB 397. By Messrs. Lavender of Elbert, Ray of Warren, and Campbell of Oconee:
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 clarification as to what is not to be included within the meaning of the term "industrial materials," and for other purposes.

The following Committee substitute to HB 397 was read:

A BILL
To be entitled an Act to amend Section 3(c)2 of an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360), which section provides for what shall not be included within the meaning of the terms "sale at retail," "use," "storage," and "consumption," so as to provide for a clarification of the original intent of the General Assembly that the exemption of industrial materials will be confined to those that become a component part of the finished product or become coated upon or impregnated into the product at any stage of its processing, manufacture, or conversion; to provide for a clarification of the original intent of the General Assembly that there shall not be included within the meaning of the term "industrial materials," natural or artificial gas, oil, gasoline, electricity, solid fuel, ice or other materials used for heat, light, power and refrigeration; 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 Section 3(c)2 of the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360), which section provides for what shall not be included within the meaning of the terms "sale at retail," "use," "storage," and "consumption" be amended by deleting the following language from the first paragraph thereof:
"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,"
and by substituting therefor, in order to make clear the original intent

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385

of the General Assembly, the following language:
''Nor shall such terms include industrial materials, other than machinery and machinery repair parts, that are coated upon or impregnated into the product at any stage of its processing, manufacture or conversion.",
and by adding the following language to the first paragraph of said Section, in order to make clear the original intent of the General Assembly of Section 3(c)1(a):
"Provided, however, the term 'industrial materials' shall not include natural or artificial gas, oil, gasoline, electricity, solid fuel, ice or other materials used for heat, light, power or refrigeration in any phase of the manufacturing, processing or converting process.", so that the first paragraph of said Section 3(c)2 when so amended shall read as follows:
"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 nor shall such terms include industrial materials, other than machinery and machinery repair parts, that are coated upon or impregnated into the product at any stage of its processing, manufacture or conversion, nor shall such terms include materials, containers, labels, sacks or bags used for packaging tangible personal property for shipment or sale. Provided, however, the term "industrial materials' shall not include natural or artificial gas, oil, gasoline, electricity, solid fuel, ice or other materials used for heat, light, power or refrigeration in any phase of the manufacturing, processing or converting process."

SECTION 2.
That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

The following amendments to HB 397 were read and lost:
Mr. Groover of Bibb moves to amend the Committee Substitute to House Bill No. 397 by striking in Section 1 thereof the language:
"Provided, however, the term 'industrial materials' shall not include natural or artificial gas, oil, gasoline, electricity, solid fuel, ice or other materials used for heat, light, power or refrigeration in any phase of the manufacturing, processing or converting process."
wherever the same appears and particularly by striking in that Section from the end of the paragraph which begins "2" the following language:
"Provided, however, the term 'industrial materials' shall not include natural or artificial gas, oil, gasoline, electricity, solid fuel, ice or other materials used for heat, light, power or refrigeration in any phase of the manufacturing, processing or converting process."
Representative Harris of Bibb County moves to amend the Committee Substitute to House Bill No. 397 by changing the period at the end of said Section to a comma, and adding the following words at the end of said Section:

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"except where any of the fuels above named are used to transform the product in process into a condition suitable for economic transportation";
and to further amend said Bill by inserting in the caption just before the words "to repeal conflicting laws"
the words
"except in certain definite uses."
Mr. Lokey of Fulton moves to amend the Committee substitute to HB 397 by adding to Par. 2, after the words "containers, labels, sacks or bags used" the additional words "one time and onetime only" so that the language will then read:
"containers, labels, sacks or bags used one time and one time only for packaging tangible personal property for shipment or sale."
The Committee substitute to HB 397 was adopted.
Mr. Matthews of Clarke moved the previous question.

The report of the Committee, which was favorable to the passage of the bill, by substi.tute, was agreed to.
On the passage of the bill, by substitute, the ayes were 137, nays 5.
The bill, having received the requisite constitutional majority, was passed, by substitute.
HB 394. By Messrs. Lavender of Elbert, Ray of Warren, and Campbell of Oconee:
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 dealers are required to keep all invoices and other records for a period of three years, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 395. By Messrs. Lavender of Elbert, Ray of Warren, and Campbell of Oconee:
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 additional definition of the term "dealer," and for other purposes.
The report 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 396. By Messrs. Lavender of Elbert, Ray of Warren, and Campbell of Oconee:

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387

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 clarification that charges made for the operation of coin-operated rnachines are taxable, and for other purposes.

The following amendment to HB 396 was read and adopted:
Mr. Groover of Bibb moves to amend HB 396 in the following respects; by adding a new Section lA to said bill as follows:
Section 1A. The provisions of this Act are not to be retroactively applied.

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 consitutional majority, was passed,

as amended.



HB 398. By Messrs. Lavender of Elbert, Ray of Warren, and Campbell of Oconee:
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 in in the case of a false or fraudulent return there shall be no statute of limitation, and for other purposes.

The report 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.

Mr. Twitty of Mitchell moved that the House do now recess until 1:00 o'oclock this afternoon, and the motion prevailed.

The Speaker announced the House recessed until 1:00 o'clock this afternoon.

AFTERNOON SESSION The Speaker called the House to order.

Under the regular order of business, the following Resolution and Bills of the House were taken up for consideration, and read the third time:

HR 127-414a. By Mr. Drinkard of Lincoln:
A Resolution officially designating the State Park in Lincoln County as the "Elijah Clarke Memorial Park," and for other purposes.

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

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On the adoption of the resolution, the ayes were 103, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 181. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act so as to increase the maximum amount of grants to public hospitals and public health centers, and for other purposes.

The report 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 167. By Mr. Ray of Warren: A Bill to be entitled an Act to amend an Act so as to provide that Income Tax fi. fas. shall bear interest at the rate of 6 percent, and for other purposes.
The report 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 355. By Messrs. Twitty of Mitchell, Ray of Warren, and others: A Bill to be entitled an Act to provide an additional $1500.00 deduction from gross income for income tax purposes to veterans of the Korean Conflict, and for other purposes.
The report 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 356. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act so as to provide for the settlement of any tax fi. fa. by the State Revenue Commissioner, and for other purposes.

The following Committee amendment to HB 356 was read and adopted:
The Committee on Ways and Means moves to amend HB 356 by adding the words "there shall be a return of nulla bona by the Sheriff of the County of the residence of such taxpayer within 30 days of the date of such compromise" after the words "Attorney General," and before the words "and provided further."

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389

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 13.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 357. By Messrs. Ray of Warren, Lavender of Elbert, and others:
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 same shall not apply to school lunches, and for other purposes.

The following amendment to HB 357 was read and lost:
Mr. Watson of Dougherty moves to amend HB 357 by adding a new subparagraph at the end of Section 1 to read as follows: "Capital expenditures for the erection of plants and the purchase of equipment by new industries moving to the State of Georgia, provided, however, that the exemption shall apply for a period of no more than 15 months from the date on which construction of such plant is begun."

The report 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 358. By Messrs. Ray of Warren, Lavender of Elbert, and others:
A Bill to be entitled an Act to provide that for income tax purposes persons serving in the Korean Conflict may deduct $1,500.00 from gross income, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 359. By Messrs. Ray of Warren, Lavender of Elbert, and others:
A Bill to be entitled an Act to amend an Act so as to provide that the percentage of income taken into account for any taxable year in which the net long term capital gain exceeds the net short term capital loss shall be the same for corporations as for other taxpayers, and for other purposes.

The report 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.

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HB 367. By Messrs. Adams and Brantley of Upson, and others:
A Bill to be entitled an Act to amend an Act relating to the application and trial of divorce disabilities, and for other purposes.

The report 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 1.
The bill, having received the requisite constitutional majority, was passed.

Mr. Key of Jasper asked unanimous consent that the following bill of the House be recommitted to the Committee on State of the Republic for further study:

HB 92. By Mr. Conger of Decatur:
A Bill to be entitled an Act to declare all combinations, contracts or conspiracies in restraint of trade illegal, and for other purposes.
The unanimous consent request was granted and HB 92 was recommitted to the Committee on State of the Republic for further study.
Mr. Greer of Lanier moved that the House reconsider its action in recommitting HB 92 to the Committee on State of the Republic for further study.
The motion prevailed.

Under the regular order of business, the following Bills of the Senate were taken up for consideration, and read the third time:

SB 25. By Senators Hawes of the 29th, Edenfield of the 16th, and Dean of the 34th:
A Bill to be entitled an Act to provide for the conversion of National Banking Associations into State 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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 28. By Senators Hawes of the 29th, Edenfield of the 16th, and Dean of the 34th:
A Bill to provide that deposits of funds at interest in a chartered state or national bank or trust company shall be legal investments for fiduciaries, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 4, 1953

391

Mr. Brannen of Dooley was granted leave of absence for February 5th and February 9th to attend to urgent business.

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 tomorrow morning at 10:00 o'clock.

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Representative Hall, Atlanta, Georgia. Thursday, February 5, 1953.

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 Reverend Bob Slimp, Pastor, Talbot Methodist Circuit.

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

Mr. Garrard of Wilkes, 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. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 of the House were introduced, read the first time, and referred to the Committees:
HB 440. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to provide that in cities having a population of 70,000 or more, members of the City Council or Board of Aldermen during the term of office for which they are chosen shall be competent to hold any other office in said cities where they are elected by the people, etc., and for other purposes.
Referred to the Committee on Municipal Government.
HB 441. By Messrs. Weems and Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act incorporating the City of Summerville, etc., and for other purposes.
Referred to the Committee on Municipal Government.

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393

HB 442. By Mr. Brooks of Oglethorpe:
A Bill to be entitled an Act to amend an Act entitled "An Act to create the office of Commissioner of Roads and Revenues in and for Oglethorpe County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 443. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act incorporating the Town of Trion in the County of Chattooga, and for other purposes.
Referred to the Committee on Municipal Government.

HB 444. By Mr. Wilkinson of Long:
A Bill to be entitled an Act to supplement the compensation now received by the Sheriff of Long County by the payment of a salary to said Sheriff in addition to costs and fees now paid to said Sheriff, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 445. By Mr. Deal of Bryan:
A Bill to be entitled an Act to amend an Act relating to the time and place for holding the Courts of Ordinary in this State, so as to remove the requirement that cases must be called on the first Monday is the return date of the case; and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 446. By Messrs. Hayes and Holton of Coffee:

A Bill to be entitled an Act to amend an Act relating to illegal voting,

so as to strike the section relating to the buying and selling of votes;

and for other purposes.



Referred to the Committee on State of Republic.

HB 447. By Messrs. Hayes and Holton of Coffee:
A Bill to be entitled an Act to amend Section 34-9926 of the Code of Georgia of 1933, relating to the penalty for buying or selling votes, so as to change the punishment for the buying and selling of votes, and for other purposes.
Referred to the Committee on State of Republic.

HB 448. By Messrs. McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act relating to the granting and recording of marriage licenses, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 449. By Mr. Raulerson of Pierce:
A Bill to be entitled an Act to compensate Mr. and Mrs. C. C. O'Neal for damages, and for other purposes.

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JOURNAL OF THE HOUSE,

Referred to the Committee on Special Appropriation.

HB 450. By Messrs. Jordan and White of Gwinnett:
A Bill to be entitled an Act to provide that the Tax Receiver in all counties having a population of not less than 32,000 and not more than 33,000 shall be paid from ad valorem school tax collected for the County Board of Education a commission of two and one-half percent of the net amount collected by the County Tax Collector, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 451. By Messrs. Hall, Hicks and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act relating to compensation for members of county boards of education, so as to provide a different compensation for members of the county boards of education of all counties having a population of not less than 62,800 and not more than 63,000, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 452. By Messrs. Hicks, Hall and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act entiled "An Act to create a new charter and municipal government for the City of Rome, and for other purposes.
Referred to the Committee on Municipal Government.

HB 453. By Messrs. Gardner and Watson 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.
Referred to the Committee on Municipal Government.

HB 454. By Messrs. Greene of Crisp, Willingham of Cobb and Wooten of Randolph:
A Bill to be entitled an Act to amend an Act defining and enlarging the jurisdiction of the Courts of Ordinary with relation to certain cases, so as to provide for the time of payment of the remainder of fines into the county or municipal treasury and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 455. By Messrs. Rutland, McWhorter and Turner of DeKalb:
A Bill to be entitled an Act to establish a commission in DeKalb County to study the Governments of DeKalb County and the Municipalities located wholly therein, for the purpose of improving local governments and to provide greater efficiency and economy; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 456. By Mr. Martin of Banks:

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395

A Bill to be entitled an Act to provide for a supplemental salary for the Sheriff of Banks County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 457. By Mr. Martin of Banks:
A Bill to be entitled an Act to provide for a supplemental salary for the Ordinary of Banks County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 458. By Messrs. Hicks, Hall and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a new charter and municipal government for the City of Rome; to define corporate limits, and for other purposes.
Referred to the Committee on Municipal Government.

HR 140-458a. By Mr. M. Smith of Fulton:
A Resolution authorizing compensation to Mrs. Sara Pickett Guyton, for the use of her son, Benjamin Pickett McMillan, for injuries he received in an accident; and for other purposes.
Referred to the Committee on Special Appropriation.

HR 141-458b. By Mr. Duncan of Carroll:
A Resolution urging the Football Rules Committee of the National Collegiate Athletic Association to reconsider changes in the football substitution rule made January 14, 1953, anud for other purposes.
Referred to the Committee on University of Georgia.

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 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 130-420b. Do Pass.
HR 138-439b. Do Pass.
Respectfully submitted, Freeman of Monroe, Chairman.

Mr. Lovett of Laurens County, Chairman of the Committee on Appropriations, submitted the following report:

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JOURNAL OF THE HOUSE,

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 142. Do Pass.
Respectfully submitted,
Lovett of Laurens,
Chairman. By: R. Scoggin

Mr. Gowen of Glynn County, Chairman of the Committee on Constitutional Amendments #2, submitted the following report:

Mr. Speaker:
Your Committee on Constitutional Amendments # 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:
HR 131-420e. Do Pass. Respectfully submitted, Gowen of Glynn, Chairman.

Mr. Willingham of Cobb 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 255 Do Pass, as Amended.
HB 297. Do Pass.
HB 303. Do Pass. HB 316. Do Pass.
HB 408. Do Pass.
Respectfully submitted, Willingham of Cobb, Chairman.

Mr. Jones of Lumpkin County, Chairman of the Committee on Motor Vehicles, submitted the following report:

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397

Mr. Speaker:
Your Committee on Motor Vehicles 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 40. Do Pass.
Respectfully submitted,
Jones of Lumpkin,
Chairman.

Mr. Hoke Smith of Fulton 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 383. Do Pass. HB 425. Do Pass. HB 412. Do Pass. HB 428. Do Pass. HB 437. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.

Mr. Blalock of Coweta County, Chairman of the Committee on Public Property, submitted the following report:

Mr. Speaker: Your Committee on Public Property has had under consideration the follow-
ing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 102-337f. Do Pass. HR l32-420d. Do Pass. HR 133-424a. Do Pass. HR 16-61a. Do Pass, as Amended by Committee. HR 34-141a. Do Pass, as Amended by Committee.
Respectfully submitted, Blalock of Coweta, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Brooks of Oglethorpe County, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary 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 109. Do Not Pass.

HB 108. Do Pass, as Amended.

HB 402. Do Pass.

HB 403. Do Pass.

HB 379. Do Pass.

HB 111. Do Pass, by Substitute.

HB 330. Do Pass.

HB 312. Do Not Pass.

HB 285. Do Pass.

HR 103-337g. Do Pass.

HR 105-337i. Do Pass.

HR 108-3371. Do Pass.

Respectfully submitted, Brooks of Oglethorpe, 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 189. Do Pass, by Substitute.

SB 24. 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 and resolutions of the Senate and House to wit:

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399

SB 8. By Senator Millican of the 52nd:
A Bill to repeal Code Section 34-3203 and to substitute a new section 34-3203 to require that all political party or primary elections for nomination of candidates be held on one single date; to provide that every political party primary election be held on the second Wednesday in September; and for other purposes.

SB 30. By Senators Coker of the 39th, Blitch of the 5th and Brown of the 40th:
A Bill to grant new State Examining Boards and Commissions power to enjoin any person from practicing in any of the businesses, professions, or trades regulated without being registered or licensed by the respective examining boards or commissions; and for other purposes.

SB 65. By Senators Stoddard of the 50th and Campbell of the 31st:
A Bill to provide that no civil action can be brought against any owner of real estate or premises for damages to person or property by any person seeking shelter on such premises during an actual or practice attack or raid when such owner has authorized any civil defense agency to utilize such premises without a charge pursuant to the Georgia Civil Defense Act of 1951; and for other purposes.

SB 66. By Senator Millican of the 52nd:
A bill to amend the charter of the City of Atlanta; to provide that tax fi. fas. shall be dated December 1st of each year; to authorize the sale of a water tank to the City of Hapeville; to authorize the City to lease to the Atlanta Transit Company property on Greene St.; to require all plans for street, sewer and storm water installations in subdivisions to be approved by the Chief of Construction of the City; to create the position of planning engineer; and for other purposes.

SB 68. By Senator Hendrix of the 3rd:
A bill to amend the act creating the Board of Commissions of Roads and Revenues of Long County; to authorize said board to fix the salary of the clerk thereof; to provide a bond of $2,000 by the clerk; and for other purposes.

SB 69. By Senator Millican of the 52nd:
A bill to amend an act establishing a charter for the City of Atlanta so as to remove the limitations on the number of chartered banks of deposit and discount for the City of Atlanta; and for other purposes.

SB 72. By Senator Wilkes of the 53rd:
A bill to amend the act creating the office of tax commissioner of Cook County so as to provide for a different compensation from that which is received under the present act; and for other purposes.

SB 73. By Senator Hall of the 15th:
A bill to amend the act creating a system of public schools for the City of Vidalia to provide that State school funds and local city funds for

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JOURNAL OF THE HOUSE,

school purposes shall go directly to the treasurer of the Board of Education of Vidalia; and for other purpeses.

SB 74. By Senator Wilkes of the 53rd and Moorman of the 6th:
A bill to authorize the sheriff or his lawful agent or deputy or any other county officer charged with enforcing traffic laws of this State to accept cash bonds from persons charged with violation of said laws when authorized by the judge having jurisdiction of such offenses when they occur outside the corporate limits of this State, and for other purposes.

HB 141. By Mr. Ingle of Murray: A bill to amend an Act creating a charter for the City of Chatsworth.

HB 291. By Mr. Phillips of Columbia:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Columbia.

HB 290. By Mr. Phillips of Columbia:
A bill to authorize the Board of County Commissioners of Roads and Revenues in counties of not less than 9,500 and not more than 9,550, to name and designate a building inspector.

HB 289. By Mr. Fowler of Douglas:
A bill to amend an Act creating a three-member board of Commissioners ofg Roads and Revenues for Douglas County.

HB 283. By Mr. Brown of Telfair:
A bill to amend an Act so as to increase the salary of the Sheriff of Telfair County.

HB 281. By Mr. Fowler of Douglas:
A bill to amend an Act relating to additional duties of clerks in the superior courts in counties having a population of not less than 12,160 and not more than 12,190.

HB 37. By Mr. Dews of Calhoun:
A Bill to amend' an Act entitled "An Act to increase the number of Commissioners of Roads and Revenues for the County of Calhoun from three to five.

HB 277. By Mr. Lifsey of Lamar:
A bill amending the charter of the town of Milner to provide for the closing of certain streets.

HB 276. By Mr. Hollis of Muscogee and others:
A bill to amend the Charter of the City of Columbus; providing that the Commission of the City of Columbus shall be authorized, by the

THURSDAY, FEBRUARY 5, 1953

401

passage of appropriate ordinances, to fix the dates and times of primary elections for the nomination of members of said Commission.

HB 274. By Mr. Hollis of Muscogee and others:
A bill vesting in the City of Columbus power and authority to sell and convey at any time or times, the fee simple title to any part, parts or all of the following described tracts of land in said City of Columbus, to-wit: Tract 1, the East Forty-nine feet of that certain tract of land which is designated as "Ninth Avenue, etc."

HB 273. By Mr. Hollis of Muscogee and others:
A bill amending the charter of the City of Columbus; providing for the terms of office of the members of the Commission of the City of Columbus and the times and manner of their elections.
HB 155. By Messrs. Lokey and H. Smith of Fulton, Haar and McGee of Chatham and others:
A Bill to be entitled an Act to amend an Act so as to exempt from the rule against perpetuities pension, profit-sharing, stock bonus, death benefit and disability benefit of his employees or their beneficiaries, and to remit accumulation of trust income from the same.

HB 156. By Messrs. Tarpley of Union and Dean of Towns:
A Bill to fix the compensation of the Reporter of the Supreme Court and the Court of Appeals.

HB 162. By Mr. Twitty of Mitchell:
A Bill to authorize executors, administrators, guardian and trustees to apply to the superior court for an order authorizing the execution of a lease of real property that may or will continue beyond the termination of the administration of the estate held by such executor, administrator, guardian or trustee or beyond the termination of the trust, etc.
HB 257. By Mr. Bell of Richmond and others:
A bill to amend the Charter of the City of Augusta incorporated as the City Council of Augusta.

HB 251. By Mr. Twitty of Mitchell:
A bill to be entitled an Act to amend Code Section 84-1611 of the Code of Georgia, relating to persons permitted to play billiards; to repeal conflicting laws; and for other purposes.

HB 256. By Mr. Jordan of Gwinnett and others: A Bill to create a new charter for the City of Norcross.

HB 175. By Messrs. Murr and Carter of Sumter: A Bill to establish the salary of the Ordinary of Sumter County.

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JOURNAL OF THE HOUSE,

HB 163. By Messrs. Birdsong and Groover of Troup:
A Bill to increase the fees of coroners, and jurors summoned by the coroner, for services in connection with the holding of inquests in counties having a population of not less than 49,000 nor more than 60,000.

HB 159. By Mr. Cowart of Stewart:
A Bill to provide the Sheriff of Stewart County with a Supplemental Salary.

HB 60. By Mr. Jessup of Blackley:
A Bill to amend an Act supplementing the fees and commissions now received by the Sheriff, Tax Collector, Tax Receiver, and Clerk of the Superior Court of Blackley County.

HB 39. By Mr. Tallant of Cherokee:
A Bill to change the times of holding the Superior Court of Cherokee County.

HB 96. By Messrs. Bodenhamer of Tift, Wardlow of Turner, Jones of Worth and others:
A Bill to amend an Act to abolish the fee system now existing in the Superior Courts of the Tifton Judicial Circuit as applied to the office of Solicitor General, and for other purposes.

HB 218. By Messrs. Lokey and others of Fulton:
A Bill to amend an Act to provide pensions for members of Fire Departments in cities having a population of 150,000 or more so as to provide credit for service in the Armed Forces of the United States under the Department of Defense or Services in the Coast Guard of the United States.

HB 217. By Messrs. Lokey and others of Fulton:
A Bill to provide pensions for employees of cities having a population of 150,000 or more so as to provide credit for service in the armed forces of the United States under the Department of Defense or service in the Coast Guard of the United States.

HB 216. By Messrs. Lokey and others of Fulton:
A Bill to amend 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 service in the armed forces of the United States under the Department of Defense or service in the Coast Guard of the United States.

HB 215. By Mr. Lovett of Laurens:
A Bill to amend an Act entitled "An Act to amend the Act of the General Assembly prescribing the salaries of the Judge of the City Court of Dublin and the Solcitor".

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408

HB 213. By Mr. Lovett of Laurens:
A Bill to amend an Act incorporating the Town of East Dublin, so as to provide that the City Attorney shall also be the Recorder.

HB 243. By Mr. Murphy of Haralson:
A Bill vesting in the City of Bremen the power and authority to close that part of Flint Street in said City which runs from the North side of Laurel Street to the South side of Poplar Street and to convey to the abutting owners fee simple title to the land embraced in said part of said street.

HB 227. By Mr. Flynt of Taliaferro:
A Bill to repeal an Act 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.

HB 226. By Mr. Flynt of Taliaferro:
A Bill to repeal an Act 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.

HB 223. By Mr. Flynt of Taliaferro:
A Bill to repeal an Act 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.

HB 222. By Mr. Flynt of Taliaferro:
A Bill to repeal an Act 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.

HB 221. By Messrs. Hicks and others of Floyd:
A Bill to amend an Act entitled "An Act to establish a City Court in the County of Floyd".

HB 220. By Messrs. Lokey and others of Fulton:
A Bill to amend an Act to establish a new charter for the City of Atlanta, so as to authorize the governing authorities to permit construction, erection and maintenance of overhead and underground passageways across, over and under any of the public streets and alleys of the City of Atlanta.

HB 262. By Mr. Groover of Bibb and others:
A Bill to amend an Act entitled "An Act to establish a county Board of Commissioners for the County of Bibb:

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JOURNAL OF THE HOUSE,

HB 257. By Mr. Bell of Richmond and others:
A Bill to amend the Charter of the City of Augusta incorporated as the City Council of Augusta.

HB 192. By Mr. Ray of Warren:
A Bill to authorize the Commissioner of Roads and Revenues and the County Treasurer of Warren County to pay to the Tax Receiver of lWarren County the sum of Three Hundred Fifty Dollars per year, etc.

HB 191. By Mr. Hurst of Quitman: A Bill to provide for compensation for the Sheriff of Quitman County.

HB 190. By Mr. Hurst' of Quitman: A Bill to provide for compensation for the Ordinary of Quitman County.

HB 174. By Mr. Hicks of Floyd:
A Bill to authorize and empower Floyd County through its Board of Commissioners of Roads and Revenues to provide, construct and/or maintain in the territory of said county outside the limits of incorporated municipalities, a system of waterworks, sewerage, sanitation/or fire protection.

HB 188. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to authorize the employment of a full time Clerk or Clerks and other employees by the Board of Tax Assessors in counties having a population of not less than 115,000 nor more than 135,000.

HB 184. By Messrs. Gunter and Terrell of Hall:
A Bill to amend an Act to create a Board of Commissioners of Roads and Revenues in the County of Hall.

HB 178. By Messrs. Gunter and Terrell of Hall:
A Bill to amend an Act to authorize the Board of Commissioners of Roads and Revenues of Hall County to create and establish restricted zones or districts.

HB 212. By Mr. Turk of Wilcox:
A Bill to provide for holding three terms a year of the Superior Court of Wilcox County.

HB 211. By Mr. Best of Clay:
A Bill to repeal an Act entitled "An Act to create a Board of Commissioner for the County of Clay and to describe and define the powers and duties thereof".

HB 172. By Messrs. Haar and Sipple of Chatham:

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405

A Bill to amend an Act which created and organized the Commissioners of Chatham County, who shall be ex-officio Judges.

The Senate has passed as amended by the requisite constitutional majority the following bill:

HB 319. By Mr. Groover of Troup and others:
A Bill to amend an Act entitled "An Act to create a new charter for the City of West Point".

The Senate has agreed to the House Substitute to the following bills of the Senate:

SB 12. By Senator Jordan of the 25th:
A Bill to amend Code Section 26-2609 relating to punishment for cattle stealing; to provide the punishment shall be not less than 10 nor more than 20 years in the Penitentiary, 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 108. By Messrs. Hicks of Floyd, Bentley of Cobb, and Matheson of Hart:
A Bill to be entitled an Act to provide for a motion for the return of property illegally obtained by an unlawful search, and for other purposes.

HB 111. By Messrs. Dean of Bacon, Smith of Cobb, and others:
A Bill to be entitled an Act to amend certain sections of the Code of Georgia relating to jurors and jury duty, and for other purposes.

HB 189. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to provide for the payment by liability insurance companies of amounts in excess of the policy limits under certain conditions, and for other purposes.

HB 255. By Messrs. Nightingale of Glynn, Lifsey of Lamar, and others:
A Bill to be entitled an Act to amend Section 69-308 of the Code of Georgia relating to the filing of a written demand as a prerequisite to bringing a suit against a municipal corporation, and for other purposes.

HB 285. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide for speed limits of boat traffic upon the fresh waters of this State, and for other purposes.

HB 297. By Mr. Tarpley of Union: A Bill to be entitled an Act to amend Section 27-1101 of the Code of

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Georgia so as to provide that all pleas shall be received in the county where the crime was committed, and for other purposes.

HB 303. By Mr. Gowen of Glynn:
A Bill to be entitled an Act requiring the attendance in person of female witnesses in civil cases in the same manner as male witnesses, and for other purposes.

HB 316. By Messrs. Harr, Sipple, and McGee of Chatham:
A Bill to be entitled an Act providing a salary for the Solicitor General of the Eastern Judicial Circuit, and for other purposes.

HB 330. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to provide for the holding of terms of the Superior Court in Forsyth County, and for other purposes.

HB 379. By Messrs. Hale of Dade, Weems of Chattooga, and others:
A Bill to be entitled an Act to amend an Act so as to impose certain duties upon the Clerks of City and Superior Courts in the Lookout Mountain Judicial Circuit, and for other purposes.

HB 383. By Messrs. McKenna, Groover, and Harris of Bibb:
A Bill to be entitled an Act to amend an Act so as to ratify and confirm an annexation election in the City of Macon, and for other purposes.

HB 402. By Mr. Tarpley of Union:
A Bill to be entitled an Act to provide that any person making an arrest shall notify any member of the immediate family of the offender, and for other purposes.

HB 403. By Mr. Tarpley of Union:
A Bill to be entitled an Act so as to provide that the Clerk of the Superior Court shall attend the Court of Ordinary in all cases for the violation of traffic laws, and for other purposes.

HB 408. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to amend Section 83-120 of the Code of Georgia so as to provide for an appeal to the Superior Court of a Judgment of an Ordinary in cases relating to obstructions on private ways, and for other purposes.

HB 412. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act so as to provide for the taking of office by the newly elected Mayor and Councilmen of the City of Villa Rica, and for other purposes.

HB 425. By Mr. Buie of Camden:

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407

A Bill to be entitled an Act to amend an Act so as to change the name of the Town of Woodbine to the City of Woodbine, and for other purposes.

HB 428. By Mr. Little of Peach:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Fort Valley to operate a gas distribution system within and without the corporate limits thereof, and for other purposes.

HB 437. By Messrs. Graham, Bell, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Augusta to close a certain portion of Gwinnett Street, and for other purposes.

HR 16-6la. By Mr. Hughes of Dawson:
A Resolution authorizing the Governor to sell certain land owned by the State in Dawson County, and for other purposes.

HR 34-14la. By Mr. Phillips of Columbia:
A Resolution authorizing negotiation with the U. S. Army for the licensing of property known as the Keg Creek State Park Area, and for other purposes.

HR 102-337f. By Mr. Green of Rabun.
A Resolution authorizing negotiation for certain land in Rabun County for the development of Black Rock Mountain State Park, and for other purposes.

HR 103-337g. By Mr. Mauldin of Gordon:
A Resolution requesting the State Librarian to furnish certain law books to the Clerk of the Superior Court of Gordon County, and for other purposes.

HR 105-337i. By Messrs. Turner, McWhorter, and Rutland of DeKalb:
A Resolution authorizing the State Librarian to furnish certain law books to the Civil Court of DeKalb County, and for other purposes.

HR 108-3371. By Mr. Ivey of Newton:
A Resolution requesting the State Librarian to furnish certain law books to the Ordinary of Newton County, and for other purposes.

HR 130-420b. By Messrs. Hayes and Holton of Coffee:
A Resolution proposing a constitutional amendment providing for the merger of the school system of the City of Douglas with that of Coffee County, and for other purposes.

HR 131-420c. By Messrs. Hayes and Holton of Coffee:

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A Resolution proposing a constitutional amendment providing for the election of a Superintendent of the Coffee County Schools by the Coffee County Board of Education, and for other purposes.

HR 132-420d. By Mr. Williams of Franklin:
A Resolution authorizing the Department of State Parks to accept a donation of certain lands in Franklin County for park purposes to be known as Victoria Bryant State Park, and for other purposes.

HR 133-424a. By Messrs. Smith of Emanuel and Tumlin of Bartow:
A Resolution authorizing the State Parks Department to extend the lease with Mr. John M. King, Jr., for certain facilities on the Allatoona Reservoir, and for other purposes.

HR 138-439b. By Messrs. Stephens and Matthews of Clarke:
A Resolution proposing a constitutional amendment providing for the merger of the city school system of the City of Athens with that of the County of Clarke, and for other purposes.

SB 24. By Senator Millican of the 62nd:
A Bill to be entitled an Act to amend the Hospital Authorities Law, and for other purposes.
SB 40. By Senators Carlisle of the 51st and Campbell of the 31st:
A Bill to be entitled an Act to amend an Act so as to make it unlawful for any person to operate a motor vehicle in a reckless manner on a private street, and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 8. By Senator Millican of the 52nd:
A Bill to be entitled an Act to repeal an Act to require that all political party primary elections for the nomination of candidates for certain offices be held on one single day, and for other purposes.
Referred to the Committee on State of Republic.
SB 30. By Senators Coker of the 39th, Blitch of the 5th and Brown of the 40th:
A Bill to be entitled an Act to grant the new State Examining Boards and Commissions power to enjoin any person from practicing in any of the businesses, professions or trades regulated without being registered or licensed by the respective examining boards or commissions, and for other purposes.
Referred to the Committee on State of Republic.

SB 66. By Senators Stoddard of the 50th and Campbell of the 21st: A Bill to be entitled an Act to provide that no civil action can be

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409

brought against any owner of real estate or premises for damages to person or property by any person seeking shelter on such premises during an actual or practice attack or raid when such owner has authorized any civil defense agency to utilize such premises without charge pursuant to the Georgia Civil Defense Act of 1952, and for other purposes.
Referred to the Committee on General Judiciary # 1.

SB 66. 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 provide that tax fi fas shall be dated December 1st of each year, and for other purposes.
Referred to the Committee on Municipal Government.

SB 68. By Senator Hendrix of the 3rd:
A Bill to be entitled an Act to amend the Act creating the Board of Commissioners of Roads and Revenues of Long County; to authorize said board to fix the salary of the Clerk thereof, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 69. 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, so as to remove the limitation on the number of chartered banks of deposit and discount for the City of Atlanta, and for other purposes.
Referred to the Committee on Municipal Government.

SB 72. By Senator Wilkes of the 53rd:
A Bill to be entitled an Act to amend the Act creating the office of Tax Commissioner of Cook County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 73. By Senator Hall of the 15th:
A Bill to be entitled an Act to amend the Act creating a system of public schools for the City of Vidalia, and for other purposes.
Referred to the Committee on Municipal Government.

SB 74. By Senators Wilkes of the 53rd and Moorman of the 16th:
A Bill to be entitled an Act to authorize the Sheriff or his lawful agent or deputy or any other county officer charged with enforcing traffic laws, to accept cash bonds from persons charged with violation of said laws when authorized by the judge having jurisdiction of such offenses when they occur outside the corporate limits of this State, and for other purposes.
Referred to the Committee on Special Judiciary.

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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:

SB 26. By Senators Hawes of the 29th, Edenfield of the 16th, and Dean of the 34th:
A Bill to be entitled an Act to amend Title 13 of the Code of Georgia relating to the conversion of National Banks into State 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 294. By Mr. Bell of Richmond.
A Bill to be entitled an Act to provide for a one-year limitation for action on a breach of a covenant restricting lands to certain uses, and for other purposes.

The following Committee amendment to HB 294 was read and adopted:
The Committee on General Judiciary No. 2 moves to amend HB 294 by striking in the first section the words "one year" and inserting in lieu thereof the words "two years".

The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 113, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 366. By Messrs. Carswell of Burke, Ray of Warren, and others:
A Bill to be entitled an Act to repeal Section 92-2001 of the Code of Georgia relating to the erection of signs within the right of way limits of public roads, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 2.
The bill, having received the requisite constitutional majority, was passed.

HR 89-298a. By Messrs. Harris, McKenna, and Groover of Bibb:
A Resolution authorizing the Governor to exchange lands with the City of Macon, 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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411

On the adoption of the resolution, the ayes were 116, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SB 29. By Senators Hawes of the 29th, Edenfield of the 16th, and Dean of the 34th:
A Bill to be entitled an Act to provide for the retention and disposition of bank records, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 254. By Messrs. Nightingale of Glynn, Lifsey of Lamar, and others:
A Bill to be entitled an Act to amend an Act making provisions for the coverage of certain officers and employees of political subdivisions under the old age and survivors insurance provisions, and for other purposes.
The report of the Committe, 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 90-298b. By Messrs. Stephens of Clarke, Lawton of Irwin, and others:
A Resolution designating certain roads as Route No. 2 of the Jefferson Davis Highway, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the adoption of the resolution, the ayes were 109, nays 0.
The resolution, having received the requisite constitutional majority, was adopted

HB 133. By Mr. Dean of Towns:
A Bill to be entitled an Act to amend certain sections of the Code of Georgia relating to voting by 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 106, nays 1. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 398. By Messrs. McCracken of Jefferson, Musgrove of Clinch, and others:
A Bill to be entitled an Act to amend Section 85-1604 of the Code of Georgia so as to provide that the ordinary in each county shall appoint land processioners, and for other purposes.

The report 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.

HB 353. By Mr. Hale of Dade: A Bill to be entitled an Act to amend Section 27-906 of the Code of Georgia so as to authorize the presiding judge to order the scire facias returnable to another term of 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 2. The bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 319. By Messrs. Groover and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of West Point, and for other purposes.
The following Senate amendment to HB 319 was read:
Senator Rogers of the 37th District moves to amend House Bill No. 319 by:
Inserting in the title of said bill immediately before the phrase "to repeal conflicting laws" the words "to provide for a referendum" so that said title when so amended shall read as follows:
"To be entitled an Act to amend an Act entitled, 'An Act to create a new charter for the City of West Point, in the county of Troup,' approved December 13, 1900 (Georgia Laws 1900, p. 474), as amended, so as to change the corporate limits of the city of West Point; to provide for a referendum; to repeal conflicting laws, and for other purposes." and by,
Adding a new section to said Act which is to be numbered Section 2 which will provide for a referendum for said Act and which shall read as follows:
"Section 2. Not less than 10 nor more than 20 days after the date of the approval of this Act by the Governor, or after it otherwise becomes a law, it shall be the duty of the Ordinary of Troup

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413

County to issue the call for an election for the purpose of submitting this Act to certain voters who are as follows:
(a) All those voters who were qualified to vote for the mayor of the city of West Point, Georgia, in the last held city election of said West Point, Georgia, and (b) also all those voters who now live outside the corporate limits of West Point, Georgia, but who, if this Act is approved in referendum, would live in such corporate limits, and who were qualified to vote for State House officers in the last held General Election of this State.
for said voters' approval or rejection. The date of the election shall be set and held not less than 20 nor more than 30 days from the date of the issuance of such call. The date and purpose of this election shall be published once a week for two weeks prior to the date thereof in the official organs of Troup and Harris counties. The ballot shall have printed thereon the words:
'For approval of the Act extending the corporate limits of the City of West Point, Georgia,' and
'Against approval of the Act extending the corporate limits of the City of West Point, Georgia.'
Those persons voting in favor of the Act shall vote for approval, and those voting for rejection of this Act shall vote against approval. Said Ordinary shall designate two polling places for said election - one for the residents of the City of West Point and one for those persons living outside the corporate limits who are affected by this referendum. If a majority of each separate group votes for approval, then the Act shall become of full force and effect on the first day of July, 1953. If both groups combined or either of the groups separately fail to approve the Act, then it shall be void and invalid and no force or effect. The expense of such election shall be borne as follows:
The costs for holding said election inside the corporate limits of West Point, Georgia, shall be borne by said city.
The costs for holding said election in those areas affected by the Act which are outside the corporate limits of West Point, Georgia, shall be borne by Troup County.
It shall be the duty of the Ordinary to canvass the returns and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State."
and by,
Renumbering Section 2 of said Act so that it shall be Section 3, and when so renumbered shall read as follows:
"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. Groover of Troup moved that the House agree to the Senate amendment to HB 319.
On the motion to agree, the ayes were 105, nays 0.
The Senate amendment was agreed to.

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JOURNAL OF THE HOUSE;

Mr. Key of Jasper was granted leave of absence for February 9th to attend to urgent business.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., Monday February 9, 1953, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, A. M., Monday, February 9, 1953.

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416

Representative Hall, Atlanta, Georgia. Monday, February 9, 1953.

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 Reverend John W. Harrell, Pastor, Ray City Baptist Church, Stockton Baptist Church, and Naylor Baptist Church.
By unanimous consent, the call of the roll was dispensed with.
a The Speaker, under the provisions of HR 14-60a, appointed as Committee
on the part of the House to participate in the ceremonies of the presentation of the bust of Alexander H. Stephens in Richmond, Virginia, the following members of the House: Messrs. Freeman of Monroe, Stephens of Clarke, and Flynt of Taliaferro.

Mr. Garrard of Wilkes, Chairman of the Committee on Journal, reported that the Journal of yesterday's proceedings has 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. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 of the House were introduced, read the first time, and referred to the Committees:

HB 459. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to amend an Act giving the Solicitor-General of the Augusta Judicial Circuit the power to appoint a clerk for said solicitor-general's office, and for other purposes.
Referred to the Committee on General Judiciary # 2.

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JOURNAL OF THE HOUSE,

HB 460. By Mr. Cummings of Seminole:
A Bill to be entitled an Act to repeal an Act relating to managers of elections for members of the General Assembly, and for other purposes.
Referred to the Committee on State of Republic.

HB 461. By Mr. Gowen of Glynn:
A Bill to be entitled an Act to amend an Act which provides that a recovery for husband's or parent's homicide is not subject to the debts of such husband or parent, by providing that such recovery, or any part thereof may be set aside as a years support to the widow and/the childrell of the deceased, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 462. By Mr. Tallant of Cherokee:
A Bill to be entitled an Act to limit the quantity of beer or wine a person may possess in certain counties, and for other purposes.
Referred to the Committee on Temperance.

HB 463. By Mr. Tallant of Cherokee:
A Bill to be entitled an Act to repeal an Act entitled "An Act to amend Title 46 of the Code of Georgia of 1933 entitled 'Garnishment', which shall provide that salary of officials of state, county, city or towns may be garnished, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 464. By Mr. Sipple of Gfaham:
A Bill to be entitled an Act to amend an Act relating to instructions in all schoels so as to provide for instructions in the History of the United States, and for other purposes.
Referred to the Committee on Education # 1.

HB 465. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act setting the terms of the Superior Court of Johnson County at two terms a year, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 466. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act relating to mechanics' and materialmen's liens, and for other purposes..
Referred to the Committee on Industrial Relations.

HB 467. By Messrs. Kemp and Foster of Clayton: A Bill to be entitled an Act to amend an Act to create a Commissioner

MONDAY, FEBRUARY 9, 1953

417

of Roads and Revenues of Clayton County, and for other purposes. Referred to the Committee on Counties and County Matters.

HR 142-467a. By Mr. Moore of White:
A Resolution to designate the State Park now owned by the State and operated as a park in White County as the "Unicoi State Park", and for other purposes.
Referred to the Committee on Public Property.

HB 468. By Messrs. McWhorter, Turner and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act 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 469. By Mr. Stewart of Echols and Mr. Wooten of Randolph:
A Bill to be entitled an Act to repeal an Act known as the "Unfair Cigarette Sales Act", and for other purposes.
Referred to the Committee on Ways and Means.

HB 470. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend the Charter of the City of Atlanta; relating to the purchase of a site for the City Hall, and for other purposes.
Referred to the Committee on Municipal Gi>vernment.

HB 471. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act to provide a uniform system for the registration of marriages, divorces, annulments of marriage", and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 472. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta; to improve public roads, and for other purposes.
Referred to the Committee on Municipal Government.

HB 473. By Mr. Cowart of Stewart:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Richland, County of Stewart, so as to change the date of election of Mayor and Council, and for other purposes.
Referred to the Committee on Municipal Government.

BB 474. By Mr. Gardner of Dougherty:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to provide that a trust may be created to hold title to properties used or useful in furnishing utilities or other services to secure an obligation to furnish such utilities or services to other property to be benefited by such utilities or services, and for other purposes.
Referred to the Committee on Public Utilities.

Mr. Hoke Smith of Fulton 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 66. Do Pass. SB 73. Do Pass. SB 69. Do Pass. HB 458. Do Pass. HB 452. Do Pass. HB 453. Do Pass. HB 443. Do Pass. HB 440. Do Pass. HB 441. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.

Mr. Barber of Colquitt 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 9-42c. Do Pass.
HR 29-124a. Do Pass.
Respectfully submitted, Barber of Colquitt,
Chairman.

Mr. Jordan of Wheeler County, Chairman of the Committee on Veterans Affairs, submitted the following report:

MONDAY, FEBRUARY 9, 1953

419

Mr. Speaker: Your Committee on Veterans Affairs has had under consideration the follow-
ing Bills of the Senate and has instructed :me as Chairman, to report the same back to the House with the following recommendations:
SB 19. Do Pass. SB 4. Do Pass.
Respectfully submitted, Jordan of Wheeler, 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 Senate and House to-wit:
SB 49. By Senator Edenfield of the 4th: A Bill to amend the act creating the State Hospital Authority; to provide a procedure and method for determining the value of property transferred to said authority from the State of Georgia, and for other purposes.
HB 40. By Mr. Holloway of Gilmer: A Bill to change the time of holding the Superior Court of Gilmer County.
HB 74. By Messrs. Mincy and Frier of Ware:
A Bill to amend an Act relating to the fees paid to Coroners, by providing that in certain counties within this state, the Coroner shall be paid a salary of $780.00 per year, and for other purposes.

HB 75. By Messrs. Mincy and Frier of Ware:
A Bill to amend an Act establishing the City Court of Waycross, and for other purposes.

HB 76. By Messrs. Mincy and Frier of Ware:
A Bill to amend an Act that established the City Court of Waycross; to provide for the salary of the Judge of said Court, and for other purposes.

HB 77. By Messrs. Mincy of Ware and Frier of Ware:
A Bill to amend an Act creating the City Court of Waycross, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 140. By Mr. Deen of Bacon: A Bill to repeal an Act creating the terms of the Superior Court of Bacon County.
HB 209. By Mr. Tumlin of Bartow: A Bill to make it a misdemeanor for any person to operate a boat on any public water of this State while in an intoxicated condition or in a manner which disregards the safety of others, and for other purposes.
HB 232. By Mr. Hand of Mitchell and others: A Bill to authorize the Governor to lease or transfer the Alto Tuberculosis Sanatorium property to the State Hospital Authority.
HB 265. By Mr. Mull of Fannin: A Bill to amend an Act creating the office of Commissioner of Roads and Revenue of Fannin County.
HB 268. By Mr. Harrison of Wayne: A Bill to amend an Act establishing the salary system of compensation for certain officers of Wayne County.

HB 288. By Mr. Lifsey of Lamar:
A Bill to amend the Act creating the Board of Commissioners of Roads and Revenue for Lamar County.

HB 304. By Mr. Walker of Rockdale:
A Bill to fix the salary and other compensation for the Commissioner of Roads and Revenues of Rockdale County.

HB 305. By Mr. Abney of Catoosa:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenue for Catoosa County.

HB 307. By Mr. King of Chattahoochee:
A Bill to provide for retirement compensation for Superintendents of County Roads of Chattahoochee County.

HB 309. By Mr. Wardlow of Turner:
A Bill to repeal an Act entitled "An Act to reduce the official bond of the Sheriff of Turner County.

HB 310. By Mr. Wardlow of Turner:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Turner County.

MONDAY, FEBRUARY 9, 1953

421

HB 301. By Mr. Holton of Coffee and others:
A Bill to amend an Act providing for a repeal of the Act of 1931 creating the office of Tax Commissioner of Coffee County.

HB 313. By Mr. Mull of Fannin:
A Bill to provide that the terms for holding the Superior Court of Fannin County shall be the fourth Mondays in April and August, and the second Monday in December of each year.

HB 334. By Mr. Mauldin of Gordon:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenue in and for Gordon County.

HB 84. By Messrs. Hollis, Young and Pickard of Muscogee:
A Bill to amend an Act entitled "An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County, and for other purposes.

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 311. By Mr. Clark of Screven:
A Bill to amend an Act establishing the City Court of Sylvania, and for other purposes.

HB 332. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to authorize the Board of Commissioners of Roads and Revenues of Richmond County to fix, levy and assess occupation taxes and license fees in said county and to give them authority to enforce the payment thereof, and for other purposes.

By unanimous consent, the following Bill of the House was taken from the table:

HB 100. By Messrs. Murphy of Haralson, Cornelius of Polk, and others:
A Bill to be entitled an Act to amend an Act providing for the creation of the office of Solicitor-General Emeritus, 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 440. By Messrs. Bell, Holley, and Graham of Richmond: A Bill to be entitled an Act to provide that in certain cities members of

422

JOURNAL OF THE HOUSE,

the City Council may hold other elective offices, and for other purposes.

HB 441. By Messrs. Weems and Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act so as to change the date for holding city elections in the City of Summerville, and for other purposes.

HB 443. Messrs. Floyd and Weems of Ghattooga:
A Bill to be entitled an Act to amend an Act so as to provide for admission into the public schools of the Town of Trion pupils who do not reside within the corporate limits thereof, and for other purposes.

HB 452. By Messrs. Hicks, Hall, and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide that certain employees of the City of Rome may continue their employment beyond the retirement age, and for other purposes.

HB 453. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to amend an Act so as to provide that no member of the Board of City Commissioners of the City of Albany shall be eligible to hold the office of Mayor under certain conditions, and for other purposes.

HB 458. By Messrs. Hicks, Hall, and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide for a percentum refund of retirement contributions of employees leaving the employ of the City of Rome, and for other purposes.

HR 9-42c. By Messrs. Terrell and Gunter of Hall.
A Resolution requesting compensation for damages to Mr. H. L. Sexton and for other purposes.

HR 29-124a. By Mr. Wiggins of Stephens:
A Resolution requesting compensation for damages to Mr. Samuel Glen Densmore, and for other purposes.

SB 4.

By Senators Edenfield of the 4th, Kennedy of the 47th, and others:
A Bill to be entitled an Act to provide for Georgia men and women in military service of the United States to participate in elections, and for other purposes.

SB 19. By Senators Blitch of the 5th, Coker of the 39th, and others:
A Bill to be entitled an Act to authorize the purchase of an ambulance for use in transporting Georgia veterans to and from hospitals, and for other purposes.

MONDAY, FEBRUARY 9, 1953

423

SB 66. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide that tax fi. fas. issued by the City of Atlanta shall be dated December 1st, and for other purposes.

SB 69. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to remove the limitation on the number of chartered banks for the City of Atlanta, and for other purposes.
SB 73. By Senator Hall of the 15th:
A Bill to be entitled an Act to amend an Act so as to provide that State school funds and local City funds for school purposes shall go directly to the treasurer of the Board of Education of Vidalia, 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:
HR 108-3371. By Mr. Ivey of Newton:
A Resolution requesting the State Librarian to furnish certain law books to the ordinary of Newton County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 103, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 105-337i. By Messrs. Turner, McWhorter, and Rutland of DeKalb:
A Resolution authorizing the State Librarian to furnish certain law books to the Civil Court of DeKalb 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.

HR 103-337g. By Mr. Mauldin of Gordon:
A Resolution requesting the State Librarian to furnish certain law books to the Clerk of the Superior Court of Gordon County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.

424

JOURNAL OF THE HOUSE,

On the adoption of the resolution, the ayes were 105, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
HB 316. By Messrs. Haar, Sipple, and McGee of Chatham: A Bill to be entitled an Act providing a salary for the Solicitor General of the Eastern Judicial Circuit, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 330. By Mr. Otwell of Forsyth: A Bill to be entitled an Act to provide for the holding of terms of the Superior Court in Forsyth County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 379. By Messrs. Hale of Dade, Weems of Chattooga, and others:
A Bill to be entitled an Act to amend an Act so as to impose certain duties upon the Clerks of City and Superior Courts in the Lookout 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 383. By Messrs. McKenna, Groover, and Harris of Bibb:
A Bill to be entitled an Act to amend an Act so as to ratify and confirm an annexation election in the City of Macon, and for other purposes.

The following amendment to HB 383 was read and adopted:
Messrs. Groover, Harris, and McKenna of Bibb move to amend HB 383 by adding at the end of paragraph B of Section 3 the following: "Provided, however, that the land described in this paragraph "B" shall not become a part of the City of Macon unless and until the land described in this paragraph "B" is acquired by the Macon Housing Authority, either by condemnation or otherwise. Upon the acquisition by said authority of the land described in this paragraph "B", or any

MONDAY, FEBRUARY 9, 1953

425

portion thereof, then and in such event such land so acquired shall instanter become a part of and incorporated into said City of Macon."

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 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 425. By Mr. Buie of Camden:
A Bill to be entitled an Act to amend an Act so as to change the name of the Town of Woodbine to the City of Woodbine, and for other purposes.

The report 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 412. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act so as to provide for the taking of office by the newly elected Mayor and Councilmen 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 428. By Mr. Little of Peach:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Fort Valley to operate a gas distribution system within and without the corporate limits 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 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 437. By Messrs. Graham, Bell, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Augusta to close a certain portion of Gwinnett Street, and for other purposes.

426

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bills of the Senate was read the first time and referred to the Committee on State of Republic:

SB 49. By Senator Edenfield of the 4th:
A Bill to be entitled an Act to amend an Act creating the State Hospital Authority, and for other purposes.

The following message was received from the Governor:
Honorable Fred Hand Speaker of the House of Representatives State Capitol Atlanta, Georgia.
Dear Fred:
I am returning House Bill No. 158 without my approval due to the fact that the bill is conflicting and not clear.
As an illustration, it provides that the Mayor and five Councilmen of the City of Richland, Stewart County, Georgia, shall be elected by ballot on the first Tuesday in December each year. It then provides that the Mayor shall hold a term of office for two (2) years and that the Councilmen shall hold office for a term of two (2) years, with three being elected one year and two being elected the following year.
This conflict was called to the attention of the author, and he approves the veto and expects to introduce a properly drawn bill in its place.
With kindest regards, I am
Sincerely yours, /s/ HERMAN E. TALMADGE

Under the regular order of business, the following Resolution of the House was taken up for consideration, and read the third time:

HR 104-337h. By Messrs. Hand of Mitchell and Smith of Emanuel:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, relating to County Boards of Education, and Section VI, Paragraph I, relating to County School Superintendents, so as to provide for optional methods of selecting the members of the County Board of Education; to provide the procedure therefor; to provide for the appointment of a County School Superintendent by the Board; to provide for the submission of this amendment for ratification or rejection, and for other purposes.

MONDAY, FEBRUARY 9, 1953

427

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.
Article VIII of the Constitution of Georgia of 1945, as amended, relating to education, is hereby amended by striking in its entirety Paragraph 1 of Section V relating to County Boards of Education, and Paragraph I of Section VI, relating to County School Superintendents, and inserting in lieu thereof the following to be known as Paragraph I of Section V of Article VIII:
"Authority is granted to counties to establish and maintain public schools within their limits. Each county, exclusive of any independent school system now in existence in a county, shall compose one school district and shall be confirmed to the control and management of a County Board of Education. The Grand Jury of each county, except as hereinafter provided, shall appoint from the citizens of their respective counties five freeholders who shall constitute the County Board of Education. This amendment shall not abolish the offices or the terms of the members serving at the time of its ratification. The members of the Board shall be appointed by the last Grand Jury immediately preceding the expiration of the term of the member that the member to be appointed will replace. The members shall be appointed for a term of five years and shall be so appointed that the terms shall remain staggered as provided in the Constitution prior to the ratification of this amendment.
"In any county, upon the recommendation of two consecutive Grand Juries, the members of the County Board of Education shall be elected by the people. In any county wherein such procedure is adopted, it shall not take effect until the calendar year following the year in which the recommendation of the second Grand Jury is made. In any such county, it shall be the duty of the Ordinary to hold an election each year, in order that the terms of the members remain staggered as provided in the Constitution prior to the ratification of his amendment, for the purpose of electing a member to succeed the member whose term will expire in such year. Such election shall be held not less than thirty nor more than sixty days prior to the date of the expiration of such member's terms of office. In the event that the first two Grand Juries which meet in each county after the ratification of this amendment do not recommend that the members of the Board be elected by the people, the people shall have the right of petition the Ordinary to hold an election for the purpose of determining whether such procedure shall be adopted. Such petition must be by not less than thirty (30o/o) percent of the registered voters qualified to vote at the general election immediately preceding the presentation of the petition. Upon the filing of such petition, the Ordinary shall call a special election to be held not less than thirty nor more than forty-five days from the date of the filing of the petition, and the date and purpose of such election shall be published once a week for the two weeks immediately preceding the date of the election in the official organ of the county. If a majority of those persons voting in such election vote in favor of electing the members of the County Board of Education, then such procedures shall be adopted. If the members are elected, not more than two shall serve

428

JOURNAL OF THE HOUSE,

on the Board at any one time from the same Militia District, but the members shall be voted on by the voters of the entire county.
"In case of a vacancy on the Board by death, resignation of a member, or from any other cause other than expiration of such member's term of office, the Board shall, by secret ballot, elect his successor to fill the unexpired term. The members of the Board shall be appointed or elected from that portion of the county not embraced within the territory of an independent school district.
"Any member who moves his residence into an area embraced within an independent school system shall immediately forfeit his office and the remaining members shall fill the vacancy as provided herein. No member of the County Board of Education shall hold any other public elective office while serving as such member.
"The General Assembly shall have authority to make provision for local trustees of each school in a county system and confer authority upon them to make recommendations as to budgets and employment of teachers and other authorized employees.
"There shall be a County School Superintendent who shall be the executive officer of the County Board of Education. He shall be appointed by the Board and shall serve at the pleasure of the Board. The qualifications and the salary of the County School Superintendent shall be fixed by law.
"The provisions of this Paragraph shall not affect any local constitutional amendment under which the members of the County Board of Education in any county are elected by the people or under which the County School Superintendent is appointed or elected by the members of the Board, or both, nor shall it affect any local constitutional amendment under which the school system of any county has been merged with that of an independent schools system."

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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
For ratification of amendment to Article VIII of the Constitution so as to provide for optional methods of selecting the members of the County Board of Education, and appointment of the County School Superintendent by the Board."
"Against ratification of amendment to Article VIII of the Constitution so as to provide for optional methods of selecting the members of the County Board of Education, and appointment of the County School Superintendent by the Board."

MONDAY, FEBRUARY 9, 1953

429

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

The following Committee substitute to HR 104-337h was read:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, relating to County Boards of Education, and Section VI, Paragraph I, relating to County School Superintendents, so as to provide for optional methods of selecting the members of the County Board of Education; to provide the procedure therefor; to provide for appointment of a County School Superintendent by the Board; 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.

Article VIII of the Constitution of Georgia of 1945, as amended, re-

lating to education, is hereby amended by striking in its entirety Para-

graph I of Section V relating to County Boards of Education, and Para-

graph I of Section VI, relating to County School Superintendents, and

inserting in lieu thereof the following to be known as Paragraph I of

Section V of Article VIII:

'

"Authority is granted to counties to establish and maintain public schools within their limits. Each county, exclusive of any independent school system now in existence in a county, shall compose one school district and shall be confined to the control and management of a County Board of Education. The Grand Jury of each county, except as hereinafter provided, shall appoint from the citizens of their respective counties five freeholders who shall constitute the County Board of Education. This amendment shall not abolish the offices or the terms of the members serving at the time of its ratification. The members of the Board shall be appointed by the last Grand Jury immediately preceding the expiration of the term of the member that the member to be appointed will replace. The members shall be appointed for a term of five years and shall be so appointed that the terms shall remains staggered as provided in the Constitution prior to the ratification of this amendment.

"In any county, upon the recommendation of two consecutive Grand Juries, the members of the County Board of Education shall be elected by the people. In any county wherein such procedure is adopted, it shall not take effect until the calendar year following the year in

430

JOURNAL OF THE HOUSE,

which the recommendation of the second Grand Jury is made. In any such county, it shall be the duty of the Ordinary to hold an election each year, in order that the terms of the members remain staggered as provided in the Constitution prior to the ratification of this amendment, for the purpose of electing a member to succeed the member whose term will expire in such year. Such election shall be held not less than thirty nor more than sixty days prior to the date of the expiration of such member's term of office. In the event that the first two Grand Juries which meet in each county after the ratification of his amendment do not recommend that the members of the Board be elected by the people, the people shall have the right to petition the Ordinary to hold an election for the purpose of determining whether such procedure shall be adopted. Such petition must be by not less than thirty (30o/o) percent of the registered voters qualified to vote at the general election immediately preceding the presentation of the petition. Upon the filing of such petition, the Ordinary shall call a special election to be held not less than thirty nor more than forty-five days from the date of the filing of the petition, and the date and purpose of such election shall be published once a week for the two weeks immediately preceding the date of the election in the official organ of the county. If a majority of those persons voting in such election vote in favor of electing the members of the County Board of Education, then such procedure shall be adopted. If the members are elected, not more than two shall serve on the Board at any one time from the same Militia District, but the members shall be voted on by the voters of the entire county.
"In case of a vacancy on the Board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the Board shall, by secret ballot, elect his successor to fill the unexpired term. The members of the Board shall be appointed or elected from that portion of the county not embraced within the territory of an independent school district.
"Any member who moves his residence into an area embraced within an independent school system shall immediately forfeit his office and the remaining members shall fill the vacancy as provided herein. No member of the County Board of Education shall hold any other public elective office while serving as such member.
"The General Assembly shall have authority to make provision for local trustees of each school in a county system and confer authority upon them to make recommendations as to budgets and employment of teachers and other authorized employees.
"There shall be a County School Superintendent who shall be the executive officer of the County Board of Education. He shall be appointed by the Board and shall serve at the pleasure of the Board. The qualifications of the County School superintendent shall be fixed by law. The salary of the County School Superintendent shall be fixed by the County Board of Education of each county.
"The provisions of this Paragraph shall not affect any local constitutional amendment under which the members of the County Board of Education in any county are elected by the people or under which the County School Superintendent is appointed or elected by the members of the Board, or both, nor shall it affect any local constitutional amendment under which the school system of any county has been merged with that of an independent school system."

MONDAY, FEBRUARY 9, 1953

431

"The provisions of this Paragraph shall not affect or be applicable in any way to the counties of Richmond, Bibb, Chatham and Glynn."

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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII of the Constitution so as to provide for optional methods of selecting the members of the County Board of Education, and appointment of the County School Superintendent by the Board."
"Against ratification of amendment to Article VIII of the Constitution so as to provide for optional methods of selecting the members of the County Board of Education, and appointment of the County School Superintendent by the Board."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.
Mr. Lavender of Elbert moved that further consideration of HR 104-337h be postponed indefinitely.
Mr. Smith of Emanuel moved that HR 104-337h be tabled, and the motion to table prevailed.

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

HB 142. By Mr. Hand of Mitchell:
A Bill to be entitled an Act to make General Appropriations for the operation of the State Government for fiscal year beginning July 1, 1953, and for other purposes.
The House was resolved into the Committee of the Whole House to consider HB 142, and the Speaker designated Mr. Ray of Warren as the Chairman thereof.

432

JOURNAL OF THE HOUSE,

The Committee of the Whole House arose and through its Chairman reported HB 142 back to the House with the recommendation that it do pass, as amended.
Mr. Smith of Emanuel moves the previous question, and the call was sustained.

The following Committee Amendments to HB 142 were read and adopted:
The Committee moves to amend HB 142 by striking the first sentence of Section 9 in its entirety and inserting in lieu thereof the following:
"Section 9. 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 items; for experimental purposes; for the cost of use and/or acquiring additions to plant and equipment for the University System; for the cost of agricultural research as administered by the Director of Agricultural Research an amount of not less than $1,240,000; for the cost of operating the Agricultural Extension Service an amount of not less than $825,000.00; and for cost of operating the Sta~ Soil Conservation Committee an amount of not less than $25,000.00______________________________________________$12,233,000.00" The Committee moves to amend Section 9 of HB 142 by adding thereto the following:
"Provided that from the above appropriation the Board of Regents shall allot $400,000 for the development and construction of physical education and assembly facilities and cattle and agricultural display facilities by contracts or otherwise at the University of Georgia at Athens and at the Georgia Institution of Technology at Atlanta."
The Committee moves to amend HB 142 by adding at the end of Section 13 a new paragraph to read as follows:
"Provided, that the State Board of Health shall within the first thirty days of each fiscal period make an allotment from any of the funds appropriated in this section in an amount necessary in each fiscal year to pay the annual lease contract commitments for the acquisition of property. The State Board of Health shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing."
The Committee moves to amend HB 142 following Section 32 by adding a new section to read as follows:
"Section 32A. Medical Education Board, State
For cost of operating the Board and paying grants-in-aid as authorized by provisions of the State Constitution, adopted November 11, 1952-------------------------------------------------------------------------$25,000.00
Provided, however, that the appropriation for the above stipulated purposes shall be $45,000.00 for the fiscal year beginning July 1, 1954, and each fiscal year thereafter."
The Committee moves to amend HB 142 by striking the total following Section 49 which reads "229,932,292.97" and insert in lieu thereof the figures "229,957,292.97".
The Committee moves to amend Section 50a of HB 142 by adding after

MONDAY, FEBRUARY 9, 1953

433

the word "teachers" in the first proviso the following words "and additional teachers from increased enrollments".

The following amendment to HB 142 was read:
Mr. Gowen of Glynn moves to amend House Bill No. 142 by striking therefrom Section 50 in its entirety and inserting in lieu thereof a new Section 50 to read as follows:
Section 50. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, that in the event the actual receipts in the State Treasury from State revenue funds in a fiscal year for which appropriations are made in this Act, exceeds the amount needed to pay the appropriations and/or allotments authorized by the foregoing sections of this Act, the budget authorities are authorized and directed to make available the following contingent appropriations for each fiscal year in the amounts and for purposes authorized. If there is not sufficient funds as above provided to pay the following contingent appropriations in full, the budget authorities are authorized and directed to make available such part of the contingent appropriations as can be paid from the excess income of the State for the fiscal year for which appropriations are made in this Act, together with an amount not to exceed ten million dollars of the previously accumulated State surplus funds in the State Treasury, in each of the fiscal years following July 1, 1953, provided same is not needed to finance in full the appropriations authorized in previous sections of this Act. The State Treasurer and the Comptroller General are authorized and directed to set up the contingent appropriations in full or in part upon receiving authorization from the budget authorities and same shall be in addition to the appropriations or allotments authorized by the foregoing sections of this Act.

EDUCATION
(a) To supplement and become a part of appropriation provided for the State Board of Education for the educational purposes, including one hundred thousand dollars for buildings and equipment at the Academy for the Blind and for all other purposes provided for under Section 8 of this Act.
Provided, however, that from the first funds made available annually under this provision, the State Board of Education shall make an allotment in an amount sufficient to pay any additional annual compensation determined to be due the teachers and additional teachers from increased enrollments of this State under compensation scale fixed by the State Board of Education in conformity with provisions of the Minimum Foundation Program for Education 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. -----------------------------------------------------$10,300,000.00
(b) To supplement and become a part of appropriation provided for the State Board of Regents for the educational purposes provided for under Section 9 of this Act.

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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.
Aid to University System for m,aintenance and for new buildings, plant and equipment and for adjusting and increasing teachers' pay
------------------------------------------------------------------------------------------------$3,000,000.00
(c) To supplement and become part of appropriation provided the State's contribution to the Teacher Retirement Fund______________$900,000.00
(d) To supplement and become a part of appropriation provided for the State Board of Education for adjusting and increasing teacher's pay -----------------------------------------------------------------------------------------------$6,025,000.00
Provided that the funds authorized under this sub-section of any part thereof, when and if available, shall be pro-rated to each local school system, exclusive of the capital outlay allotment, from State appropriated funds for the fiscal year July 1, 1953 to June 30, 1954 and provided, further, that the amount so apportioned to each local school system shall be used by the local school system for the purpose of increasing the salaries of teachers and for no other purpose. Provided, however, in the event the local school system is paying supplementary salaries to teachers above the salaries authorized under the salary scale fixed by the State Board of Education, the amount of the supplements so paid shall be considered as being paid from the funds received under this sub-section and the remaining balance of the funds available from this allotment shall be used by the local school system to increase the salaries of the teachers and for no other purpose. Any funds received by a local Board of Education from funds made available under the subsection for increasing teachers' salaries shall be distributed to the individual teacher under rules and regulations established by each local Board of Education and said rules and regulations established by each local Board of Education shall not be subject to appeal to any other public official or public body."
HEALTH, PUBLIC WELFARE
(e) To supplement and become part of appropriation for cost of operating the Department of Public Health_______________________________$450,000.00
(f) To supplement and become part of the appropriation for cost of contracts with local governmental agencies operating local T. B. Sanatoria to perform services required by the State Tuberculosis Sanatorium ----------------------------------------------------------------------$100,000.00
(g) To supplement and become part of the appropriation for General State Hospital, equipment and operations____________________$2,460,000.00
(h) To supplement and become part of the appropriation for the cost of operating the Department of Public Health -Tuberculosis Sanatorium -----------------------------------------------------------------------$500,000.00
(i) To supplement and become part of the appropriation to Department of Public Welfare for matching Federal funds for benefits to old age, blind, permanently disabled and dependent children and for additional administration expense_____________________________________ $1,200,000.00

MONDAY, FEBRUARY 9, 1953

435

(j) To supplement and become part of the appropriation for the support, maintenance and equipment of State Institutions under management of Public Welfare Department__________________________________$2,000,000.00

OTHER AGENCIES

(k) For cost of development of various State Parks_______$700,000.00
provided that from the amount above authorized there shall be made available each fiscal year for cost of development of the Veterans State Park $100,000; and there shall from said amount be available each fiscal year for the safe-keeping and development and costs incident thereto of the Jekyll Island State Park_______________________________$250,000.00

(1) To supplement and become part of the appropriation for cost of operating the Department of Public Defense- Military Division ----------------------------------------------------------$50,000.00
(m) For cost of operations of the State Port- Savannah, Georgia --------------------------------------------------------------$40,000.00
TOTAL CONTINGENT APPROPRIATIONS ----------$27,725,000.00

On the adoption of the amendment to HB 142, Mr. Gowen of Glynn moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Barber of Jackson Bell Bentley Blackburn Blalock Bloodworth Brantley Britton Buie Carswell Conger Cornelius Dews Dunaway Edenfield Floyd Fowler Freeman Goodson Gowen Graham Groover of Troup Gunter Haar

Hale Hall Hamilton Harper Harris Hayes Hicks Hollis Ingle Jordan of Gwinnett Lanier Lewis Lokey McCracken McKenna McWhorter Moore of Pickens Moye Murphy of Haralson Murr Musgrove Nightingale Otwell Parker Register Russell

Rutland Scoggin Sheffield Sipple of Chatham Sivell Smiley Smith of Cobb Hoke Smith of Fulton M. M. Smith of Fulton Strickland Swindle Tallant Tarpley Todd Tumlin Turk Turner Veal Watson Weems Whitener Wilkinson Willingham Young

Those voting in the negative were Messrs.:

Alexander Ayers

Barber of Colquitt Barrett

Best Baughman

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JOURNAL OF THE HOUSE,

Birdsong Black Bodenhamer Boggus Bolton Bray Byrd Callier Campbell of Oconee Campbell of Walker
Carter Chastain Clark Clary Cloud Coffin Coker Connell Coogle
Cowart Cummings
Deal Deen of Bacon
Denton Drinkard Duncan Durham Edwards Flynt Foster Frier Gardner Geer Gillis

Green of Baldwin Green of Rabun Greene of Crisp Gt-eer Groover of Bibb Harrell Harrison of Jenkins Harrison of Wayne Henderson Hodges Holloway Hopkins Hughes Hurst lvey
Jackson Johnson Jones of Lumpkin Jones of Worth Jordan of Wheeler Kemp Key King
Land Lavender Layton Lifsey Little Lovett McGarity McGee Martin Matheson Matthews

Mauldin Mincy Moate Moore of White Moses Mull Murphey of Crawford Nelson Perkins Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Smith of Emanuel , Stephens of Clarke Stevens of Marion Stewart Stocks Tamplin Tarbutton Terrell Trapnell Twitty Upshaw Walker Wardlow Wiggins
Williams of Bulloch Williams of Franklin Williams of Tift Willis Wooten

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

On the adoption of the amendment, the ayes 76, nays 108.

The amendment was lost.

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.:

Adams of Evans Adams of Upson Alexander Ayers Barber of Colquitt Barber of Jackson
Barrett Baughman
Bell Bentley

Best Birdsong Black Blackburn Blalock Bloodworth
Bodenhamer Boggus
Bolton Brantley

Bray
Britton Buie Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer

MONDAY, FEBRUARY 9, 1953

437

Groover of Bibb Groover of Troup Gunter Haar Hale Hall Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Henderson Hicks Hodges Hollis !doore of ~ckens !doore of White !doses !doye
Mull
!dur11hey of Crawford !durphy of Haralson
Murr Musgrove Nelson Nightingale
Otwell Parker Perkins Phillips of Columbia Phillips of Walton
Pickard
Potts Raulerson Ray Register Russell Rutland Byrd Callier Campbell of Oconee Campbell of Walker Carswell Carter Chastain Clark Clary Cloud

Coffin Coker
Conger Connell Coogle Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Drinkard Dunaway Duncan Durham Edenfield Edwards Floyd Flynt Foster
Fowler Freeman Frier Gardner Gillis Holloway Hopkins Hughes Hurst Ingle Ivey Jackson
Johnson Jones of Lumpkin
Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King
Land Lanier Lavender Layton Lewis Lifsey
Little Lokey Lovett

Those voting in the negative were Messrs.:

Stevens of Marion

Veal

!dcCracken McGarity McGee McKenna McWhorter Martin Matheson Matthews Mauldin Mincy
Mishoe Moate Scoggin Sheffield Short Sipple of Chatham Sivell Smiley Smith of Cobb Smith of Emanuel
Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stewart Stocks Strickland Swindle Tallant Tamplin Tarbutton Tarpley Terrell
Todd Tumlin Turk Twitty Upshaw Walker Wardlow Weems Whitener Wiggins Wilkinson Willingham Willis Wooten Young

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

On the passage of the bill, as amended, the ayes were 175, nays 2.

The bill, having received the requisite constitutional majority, was passed.

438

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industrial Relations and recommitted to the Comittee on State of Republic:

HB 466. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act relating to mechanics' and materialmen's liens, and for other purposes.

Mr. Cummings of Seminole was granted leave of absence for Thursday, February 12, 1953, to attend to urgent business.

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.

TUESDAY, FEBRUARY 10, 1953

439

Representative Hall, Atlanta, Georgia Tuesday, February 10, 1953.

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 Reverend John W. Harrell, Pastor, Ray City Baptist Church, Stockton Baptist Church, and Naylor Baptist Church.
By unanimous consent, the call of the roll was dispensed with.

Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings has 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. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local appliction.
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 of the House were introduced, read the first time, and referred to the Committees:

HB 475. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to incorporate the City of Baconton in the County of Mitchell, and for other purposes.
Referred to the Committee on Municipal Government.

HB 476. By Mr. Little of Peach: A Bill to be entitled an Act to change the name of the Town of Byron to the City of Byron, and for other purposes.
Referred to the Committee on Municipal Government.
HB 477. By Mr. Baughman of Early:

440

JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to amend an Act to establish the City Court of Blakely, so as to increase the salary of the Judge of said Court, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 478. By Mr. Cummings of Seminole:
A Bill to be entitled an Act to abolish the present Board of County Commissioners of Seminole County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 479. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for Houston County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 480. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to provide that the Tax Receiver of Houston County shall be paid from ad valorem school tax collected for the County Board of Education a commission of one per cent of the net amount collected by the County Tax Collector, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 481. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to provide that the Mayor and Council of the City of Camilla shall have the power to designate by appointment the person, firm or corporation to the City Treasurer of Camilla, and for other purposes.
Referred to the Committee on Municipal Government.

HB 482. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to fix the Compensation of the advisors to the Com.missioner of Roads and Revenue of Rockdale County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 483. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to fix the salary of the County Attorney for Rockdale County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 484. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to require the results of all referendum elections to be certified to the Secretary of State, and for other purposes.
Referred to the Committee on Privileges and Elections.

TUESDAY, FEBRUARY 10, 1953

441

HB 485. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act provide for the retirement of the Judges and the Solicitor-General of the Criminal Court of Fulton County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 486. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act which incorporate the City of Buchanan, and for other purposes.
Referred to the Committee on Municipal Government.

HB 487. By Messrs. Gardner of Dougherty and Hollis of Muscogee:
A Bill to be entitled an Act to provide that the Director of the Crime Laboratory of the Department of Public Safety, together with the Director of the Department of Public Health, shall designate one or more licensed physicians at convenient locations throughout the State to act as Medical Examiners and perform post mortem examinations at the request of the coroners of the various counties, etc., and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 488. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to provide for the presentation of applications for admission to the bar of the State of Georgia, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 489. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act vesting the City of Columbus fee simple title to a certain tract of land bounded on the south by the north line of lands of Muscogee Manufacturing Company, etc., and for other purposes.
Referred to the Committee on Municipal Government.

HB 490. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend the charter of the City of Stockbridge, and for other purposes.
Referred to the Committee on Muncipal Government.

HB 491. By Mr. Mishoe of Tattnall:
A Bill to be entitled an Act to amend the Act providing for a fee of the Ordinary of Tattnall Couny, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 492. By Mr. Smith of Emanuel:

442

JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Emanuel County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 493. By Messrs. Campbell of Walker, Willingham of Cobb, Coker of Walker Hicks of Floyd and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act pertaining to sales by guardians of the property of their wards for reinvestment, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 494. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Decatur, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 495. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge, and for other purposes.
Referred to the Committe on Municipal Government.

HB 496. By Mr. Veal of Putnam:
A Bill to be entitled an Act to repeal an Act relating to the description of fences and enclosures; relating to enclosures by ditches and trenches, and for other purposes.
Referred to the Committee on Agriculture # 2.

HB 497. By Mr. Bell of Richmond:
A Bill to be entitled an Act to establish the liability of the State of Georgia and of all counties and municipalities in this State for personal injuries, death or property damage suffered by persons or property as a result of the negligent or wilful acts of the officers, agents, servants and employees of the State of Georgia, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 498. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to create the Big Creek-Harts Creek Park Authority, and for other purposes.
Refererd to the Committee on State of Republic.

HB 499. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to provide for the payment of salary for a Clerk of the Superior Court of McDuffie County, and for other purposes.

TUESDAY, FEBRUARY 10, 1953

443

Referred to the Committee on Counties and County Matters.
HB 500. By Messrs. Groover, McKenna and Harris 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 501. By Messrs. Tarpley of Union, Whitener and Britton of Whitfield: A Bill to be entitled an Act to amend an Act relating to the compensation of jurors for service in the Justice Court, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 502. By Messrs. Tarpley of Union, Whitener and Britton of Whitfield: A Bill to be entitled an Act to amend an Act relating to the terms of the Justice of the Peace Courts, so as to provide for the holding of jury terms of said courts, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HR 143-502a. By Mr. Murphy of Haralson: A Resolution to provide compensation to Bobbie Jean Stephens and J. N. Stephens for injuries and damages occasioned by an automobile accident caused by a truck of the National Guard, and for other purposes.
Referred to the Committee on Special Appropriations.
HB 503. By Mr. Stewart of Echols: A Bill to be entitled an Act to amend an Act so as to change the method of selecting arbitrators in reviewing assessments made by county boards of tax assessors, and so as to provide for notice of hearings in said matters, and for other purposes.
Referred to the Committee on Ways and Means.
HB 504. By Mr. Bolton of Spalding: A Bill to be entitled an Act to amend an Act relating to qualifications of a Notary Public, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 505. By Mr. Stewart of Echols:
A Bill to be entitled an Act to abolish the County Court of Echols County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 506. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb County Planning Commission, and for other purposes.

444

JOURNAL OF THE HOUSE,

Referred to the Committee on Counties and County Matters.

HB 507. By Messrs. Willingham, Smith and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Cobb County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 508. By Messrs. Green and Parker of Baldwin, Chastain of Thomas and Jackson of Jones:
A Bill to be entitled an Act to provide compensation to employees of Institutions, Agencies, or Departments of the State charged with the care, treatment, or diagnosis of persons infected with tuberculosis while in the employ of such Institution, Agency or Department, and for other purposes.
Referred to the Committee on Georgia State Hospital.

HB 509. By Messrs. Smith, Willingham and Bentley of Cobb:
A Bill to be entitled an Act creating a new Charter for the City of Smyrna, and for other purposes.
Referred to the Committee on Municipal Government.

HB 510. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; creating a commission to study traffic courts, and for other purposes.
Referred to the Committee on Municipal Government.
HB 511. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to repeal the intangible tax Act and all amendatory tax acts, and for other purposes.
Referred to the Committee on Ways and Means.
HB 512. By Messrs. Jackson of Jones and Gowen of Glynn:
A Bill to be entitled an Act to amend an Act relating to a widow's recovery subject to the law descents, so as to provide that said section shall not include children of the deceased who were of age and not dependent upon the deceased at the time of his death, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 513. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to make it a misdemeanor for any person, with intent to defraud, to obtain food, lodging or other accommodations from any hospital, and for other purposes.
Referred to the Committee on Special Judiciary.

TUESDAY, FEBRUARY 10, 1953

445

HB 514. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to provide for employment of tax experts for Wayne County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 515. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to provide for employment of tax experts for the City of Jesup, and for other purposes.
Referred to the Committee on Municipal Government.

HR 144-515a. By Mr. Stewart of Echols:
A Resolution proposing an amendment to the Constitution so as to provide for the division of Echols County into School districts, and for other purposes.
Referred to the Committee on Amendment to Constitution # 2.

HR 145-515b. By Messrs. Jackson of Jones, Green and Parker of Baldwin:
A Resolution to compensate Mrs. Addie Lee Ford for personal injuries and damages to her automobile occasioned by an accident caused by a truck owned by the State Department of Public Welfare, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 146-515c. By Mr. Willingham of Cobb:
A Resolution authorizing compensation to Mr. E. S. McKinney for damage to his automobile, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 147-515d. By Mr. Greer of Lanier:
A Resolution to provide that the Governor and the State Treasurer be authorized and directed to sell the 440 shares of stock owned by the State in the Southern and Atlantic Telephone Company at a price of not less than $10.00 per share, and for other purposes.
Referred to the Committee on Public Property.
HR 148-515e. By Mr. Coogle of Macon:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Macon County, without cost to said county, certain law books, and for other purposes.
Referred to the Committee on Public Library.
HB 516. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act incorporating the City of Cairo, and for other purposes.
Referred to the Committee on Municipal Government.

446

JOURNAL OF THE HOUSE,

HR 149-516a. By Mr. M. Smith of Fulton:
A Resolution to establish a five-man commission to investigate and make reports on the retirement system affecting State officers and State employees, and for other purposes.
Referred to the Committee on State of Republic.

Mr. Gowen 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 con-
sideration the following Resolution of the Senate and has instructed me as Chair.:. man, to report the same back to the House with the following recommendations:
SR 20. Do Pass.
Respectfully submitted,
Gowen of Glynn,
Chairman.

Mr. Lavender of Elbert 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 414. Do Pass. HB 417. Do Pass. HB 420. Do Pass. HB 451. Do Pass. HB 431. Do Pass. HB 416. Do Pass. HB 419. Do Pass. HB 434. Do Pass. HB 442. Do Pass.
HB 418. Do Pass.
HB 444. Do Pass.
HB 430. Do Pass.
HB 439. Do Pass.
HB 456. Do Pass.

TUESDAY, FEBRUARY 10, 1953

447

HB 450. Do Pass. HB 438. Do Pass. HB 457. Do Pass. HB 421. Do Pass. HB 455. Do Pass. HB 411. Do Pass. HB 409. Do Pass. HB 436. Do Pass.

Respectfully submitted, Lavender of Elbert,

Chairman.

Mr. Brazeal of Terrell County, Chairman of the Committee on Public High-
way # 1, submitted the following report:

Mr. Speaker:

Your Committee on Public Highway # 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 115. Do Pass, by substitute. Respectfully submitted,

Brazeal of Terrell,

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 460. Do Pass.
HB 466. Do Pass.
SB 44. Do Pass.
SB 45. Do Pass. Respectfully submitted, McCracken of Jefferson, Chairman.

448

JOURNAL OF THE HOUSE,

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

HB 115. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to repeal Section 95-1715 of the Code of Georgia relating to condemnation of rights of way, and for other purposes.

HB 409. By Mr. Dean of Towns:
A Bill to be entitled an Act to prohibit the maintenance of an abandoned open well or hole in certain counties, and for other purposes.

HB 411. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act so as to provide for fixing the salary of the Tax Commissioner of Atkinson County, and for other purposes.

HB 414. By Messrs. Holton and Hayes of Coffee:
A Bill to be entitled an Act to provide time for holding Superior Court of Coffee County, and for other purposes.

HB 416. By Messrs. Green and Parker of Baldwin:
A Bill to be entitled an Act to amend an Act so as to remove limitations on the fixing of the salaries of the Board of Commissioners of Roads and Revenues for Baldwin County by the Grand Jury during the terms of office of said commissioners, and for other purposes.

HB 417. By Mr. Moses of Montgomery:
A Bill to be entitled an Act to repeal an Act and to create a Board of Commissioners of Roads and Revenues for Montgomery County, and for other purposes.
HB 418. By Messrs. Sipple, McGee, and Haar of Chatham:
A Bill to be entitled an Act to lower to $1,250 in the County of Chatham the Homestead Exem,ption of $2,000, and for other purposes.
HB 419. By Mr. Wooten of Randolph:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Randolph County into the office of Tax Commissioner, and for other purposes.

HB 420. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues or the Ordinary of Habersham County to establish restricted zones or districts, and for other purposes.
HB 421. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to provide for the collection and disposition



TUESDAY, FEBRUARY 10, 1953

449

of fines and forfeitures arising in the Superior Courts of the Cordele Judicial Circuit, and for other purposes.
HB 430. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Sheriff and certain other officers of Cobb County, and for other purposes.
HB 431. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Tax Commissioner of Cobb County, and for other purposes.
HB 434. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to be entitled an Act to amend an Act so as to provide for a Judge Emeritus of the City Court in Richmond County, and for other purposes.
HB 436. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Richmom County, and for other purposes.
HB 438. By Messrs. Graham, Holley and Bell of Richmond: A Bill to be entitled an Act to provide for the appointment of an assistant solicitor of the city court of certain counties, and for other purposes.

HB 439. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend Section 24-2727 of the Code of Georgia so as to provide that the fees enumerated therein shall be collected in all counties having a certain population, and for other purposes.

HB 442. By Mr. Brooks of Oglethorpe:
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 Oglethorpe County, and for other purposes.

HB 444. By Mr. Wilkinson of Long:
A Bill to be entitled an Act to provide supplemental com,pensation for the Sheriff of Long County, and for other purposes.

HB 450. By Messrs. Jordan and White of Gwinnett:
A Bill to be entitled an Act to provide that the tax receiver of certain counties shall be paid a commission from ad valorem school tax, and for obher purposes.

450

JOURNAL OF THE HOUSE,

HB 451. By Messrs. Hall, Hicks and Scoggin of Floyd:
A Bill to be entitled an Act to amend Section 32-904 of the Code of Georgia so as to provide a different compensation to the members of the county board of education of certain counties, and for other purposes.

HB 455. By Messrs. Rutland, McWhorter and Turner of DeKalb:
A Bill to be entitled an Act to establish a commission in DeKalb County to study the governments of DeKalb County, and for other purposes.

HB 456. By Mr. Martin of Banks:
A Bill to be entitled an Act to provide for a supplemental salary for the Sheriff of Banks County, and for other purposes.

HB 457. By Mr. Martin of Banks:
A Bill to be entitled an Act to provide for a supplemental salary for the Ordinary of Banks County, and for other purposes.

HB 460. By Mr. Cummings of Seminole:
A Bill to be entitled an Act to repeal Section 34-1201 of the Code of Georgia relating to managers of elections for members of the General Assembly, and for other purposes.

HB 466. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend Chapter 67-20 of the Code of Georgia relating to mechanics' and materialmen's liens, and for other purposes.

SR 20. By Senator Hall of the 9th:
A Resolution proposing a constitutional amendment providing for the division of Baker County into school districts, and for other purposes.

SB 44. By Senators Edenfield of the 4th and Coker of the 39th:
A Bill to be entitled an Act to amend an Act so as to require at least five years service before retiring under the Employees Retirement System, and for other purposes.

SB 45. By Senators Edenfield of the 4th and Coker of the 39th:
A Bill to be entitled an Act to amend an Act so as to authorize the establishment of survivors benefits for contributing members of the retirement system, 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 441. By Messrs. Weems and Floyd of Chattooga: A Bill to be entitled an Act to amend an Act so as to change the date

TUESDAY, FEBRUARY 10, 1953

451

for holding city 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 443. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act so as to provide for admission into the public schools of the Town of Trion pupils who do not reside within the corporate limits 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 452. By Messrs. Hicks, Hall and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide that certain employees of the City of Rome may continue their employment beyond the retirement age, and for other purposes.

The report 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 453. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to amend an Act so as to provide that no member of the Board of City Commissioners of the City of Albany shall be eligible to hold the office of Mayor under certain conditions, and for other purposes.

The report 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 458. By Messrs. Hicks, Hall and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide for a percentum refund of retirement contributions of employees leaving the employ of 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.

452

JOURNAL OF THE HOUSE,

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

SB 66. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide that tax fi. fas. issued by the City of Atlanta shall be dated December 1st., and for other purposes.

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

SB 73. By Senator Hall of the 15th:
A Bill to be entitled an Act to amend an Act so as to provide that State School funds and local City funds for school purposes shall go directly to the treasurer of the Board of Education 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 109, nays 0.
The bill, having received the requisite constitutional majority was passed.

By unanimous consent, the Clerk was directed to correct certain typographical errors appearing in the following Bill of the House:

HB 142. By Mr. Hand of Mitchell:
A Bill to be entitled an Act to make General Appropriations for the operation of the State Government for fiscal year beginning July 1, 1953, and for other purposes.

By unanimous consent, the Clerk was instructed to return the following Bill of the House to the Senate for the adoption of an amendment thereto:

HB 141. By Mr. Ingle of Murray:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Chatsworth, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Hygiene and Sanitation, read the second time, and recommitted:

HB 380. By Messrs. Stephens of Clarke and Williams of Bulloch:
A Bill to be entitled an Act to amend an Act relating to the Chief Drug Inspector, and for other purposes.

TUESDAY, FEBRUARY 10, 1953

453

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Public Property, read the second time, and recommitted:

HR 139-439c. By Messrs. Flynt of Taliaferro and Ray of Warren:
A Resolution authorizing the Governor to convey certain property in Taliaferro County, being a portion of the Alexander Stephens State Park, 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 39. By Senators Carlisle of the 51st, Campbell of the 31st, and Jordan of the 25th:
A Bill to be entitled an Act to amend an Act so as to provide that certain service shall be counted in the twenty years service required for appointment to Chief Justice 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 112, nays 4.
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 100. By Messrs. Murphy of Haralson, Fowler of Douglas, and others:
A Bill to be entitled an Act to amend an Act creating the office of solicitor-general emeritus, and for other purposes.

The following substitute to HB 100, offered by Mr. Twitty of Mitchell, was read and adopted.
A BILL
To be entitled an Act to amend an Act entitled "An Act to provide for the creation of the office of solicitor-general emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation to incumbents; to create the Solicitor's General Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund; and for other purposes." Approved February 17, 1949 (Ga. Laws 1949, p. 780 et seq.) and as amended by an Act approved February 16, 1950 (Ga. Laws 1950, p. 228 et seq.), and all Act amendatory thereof, so as to change the number of years required to be served as solicitor-general after the passage of said act and so as to change the date for which pay:m,ents must be made into the Retirement Fund; and so as to provide for service prior to and subsequent to the passage of the Act to be computed in the 19 years service, to prescribe eligibility for incumbents; to repeal conflicting laws, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

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JOURNAL OF THE HOUSE,

SECTION 1.
Section 9 of an Act entitled "An Act to provide for the creation of the office of solicitor-general emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation to incumbents, to create the Solicitors' General Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund; and for other purposes.", approved February 17, 1949 (Ga. Laws 1949, p. 780 et seq.), as amended by an Act approved February 16, 1950 (Ga. Laws 1950 p. 228 et seq. ), and all acts amendatory thereof, is amended by striking Section 9 in its entirety and substituting in lieu thereof a new section to read as follows:
Section 9. All solicitors-general, who qualify under this Act, shall pay into said fund the amount of five per cent of their salary or fees for each year and any solicitor-general who makes payment to this fund shall be eligible to retire from the office and be eligible to the appointment of solicitor-general emeritus, at a salary of two-thirds of what he has previously received as compensation as salary or fees for the final calendar year of his service as active solicitor-general of his circuit. All solicitors-general now in office shall be eligible to participate in the benefits provided by this Act, if they make their payments to the retirement fund by this Act created, for the year in which this Act is approved, and continue to make those payments until they have served nineteen years up to the year of their retirement. Provided further, that any solicitor-general who is eligible under the provisions of this Act as amended,but has not yet taken advantage hereof may do so by payment into the Retirement Fund not later than July 1, 1953, with interest at the rate of 5 per cent per annum on all sums due since the adoption of this Act, February 17, 1949, to the date of payment to the Treasurer of the State, provided, further any Solicitor-General not in office at the time of the passage of the Act on February 17, 1949, who has previously served as a solicitor-general of the State, may qualify and be eligible to participate in the benefits provided by this Act by paying 5 per cent of the existing salary or annual fees of such solicitorgeneral plus interest at 5 per cent per annum from February 17, 1949, to the date of payment to the Treasurer of the State, as though he had been in office since said date, which payment shall be made into said Retirement Fund within six months after re-entering upon the duties of solicitor-general and he shall continue to pay into said fund the amount of five per cent of his salary or fees for each year thereafter until he has served a total of nineteen years including service prior to and subsequent to the original passage of this Act on February 17, 1947, up to the year of retirement.
Except as above provided, as to solicitor-general who may hereafter be elected or appointed, they must make payments to the said retirement fund, as herein provided, for an entire period of nineteen years and until retirement and must remain in office and render service as active solicitor-general for a period of nineteen years or more or shall have rendered a part of said service as solicitor of a city court from which direct appeals may be taken to the Court of Appeals of Georgia, or otherwise as is provided and set forth in Section 2 of this Act as amended. Provided, however, that any solicitor-general who receives an annual salary of, or whose fees annually exceed, the sum of six thousand dollars, or more, shall pay into said retirement fund only five percent on six thousand dollars, and, provided, further. that in no event shall any solicitor-general emeritus receive an annual salary or pay-

TUESDAY, FEBRUARY 10, 1953

455

ment from the State of Georgia, under the bill, of more than four thousand dollars.
SECTION 2.
Be it further enacted that all laws and parts of laws in conflict herewith, be and the same are, hereby repealed.

The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 107, nays 3.
The bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the Clerk was directed to correct a typographical error appearing in the substitute to HB 100.

Under the regular order of business, the following Resolution of the House was taken up for consideration, and read the third time:
HR 34-141a. By Mr. Phillips of Columbia:
A Resolution authorizing negotiation with the United States Army, Corps of Engineers, for the licensing of property known as the "Keg Creek State Park Area" in Columbia County, and for other purposes.

The following Committee amendment to HR 34-141a was read and adopted:
Your Committee on Public Property moves to amend HR 34-141a by inserting in paragraph 4 after the words "NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that", the words "the Governor and the ".
The report of the Committee, which was favorable to the adoption of the resolution, as amended, was agreed to.
On the adoption of the resolution, as amended, the ayes were 120, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, 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 of the House and Senate to-wit:

SB 43. By Senator Blitch of the 5th:
A Bill to amend an act authorizing the State to make grants to assist in construction of hospitals and public health centers by increasing the maximum amount of such grants and changing the priority system of granting, and for other purposes.

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JOURNAL OF THE HOUSE,

SB 62. By Senator Millican of the 52nd:
A Bill to amend the act creating the State Office Building Authority; to authorize the Authority to provide parks and state parking facilities adjacent to the State Capitol; to increase the maximum amount of revenues bonds from $12,000,000 to $13,000,000, and for other purposes.

SB 80. By Senators Callaway of the 35th, Brown of the 40th, Dean of the 34th, Redwine of the 26th and many others:
A Bill to create the Livestock Development Authority; to provide additional security for private loans to encourage stock farming, pasturage improvement and egg production; to provide for loan insurance certificate; to provide for tax exempt negotiable certificates, and for other purposes.

SB 83. By Senator Adams of the 12th:
A Bill to amend Code Section 26-6905 relating to one's pursuance of his business or occupation on Sunday so as to provide for the selling of perishable farm products, growing plants and perishable seeds on Sunday, and for other purposes.

HB 116. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to provide that the Tax Receiver in all counties having a population of not less than 20,960 and not more than 20,065, shall be paid from ad valorem school tax collected for the County Board of Education a commission of one percent of the net amount collected by the County Tax Collector; and for other purposes.

HB 258. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to vest title in the City of Macon, its successors and assigns, to certain portions of New, Spring, Hemlock and First Streets, etc., and for other purposes.

HB 259. By Mr. Cummings of Seminole:
A Bill to be entitled an Act entitled "An Act to consolidate the offices of Tax Receiver and Tax Collector of Seminole County", and for other purposes.

HB 292. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to amend an Aet to change from the fee to the salary system in certain counties in Georgia the Clerk of the Superior Court, Sheriff and the Tax Commissioner, and for other purposes.

HB 325. By Messrs. Turner, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, so as to authorize employment of a Recorder to serve as a trial magistrate in the Mayor's Court of the City of Chamblee, etc., and for other purposes.

TUESDAY, FEBRUARY 10, 1953

457

HB 336. By Messrs. Haar, McGee and Sipple of Chatham:
A Bill to be entitled an Act amending the several acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes.

HB 341. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to provide for payment out of the County Treasury for pre-sentence psychiatric examination in criminal courts of all counties having a population of 300,000 or more, and for other purposes.

HB 342. By Messrs. Sipple, McGee and Haar of Chatham:
A Bill to be entitled an Act to establish a Traffic Commission for the City of Savannah and the County of Chatham, and for other purposes.

HB 349. By Messrs. Williams and Trapnell of Bulloch:
A Bill to be entitled an Act to amend an A.et creating a new Charter for the City of Statesboro, so as to create a Recorder's Court, and for other purposes.

HB 368. By Messrs. Graham, Bell and Holley of Richmond:

A Bill to be entitled an Act to amend an Act to raise salaries of the Municipal Court of the City of Augusta, and for other purposes.

SB 1.

By Senators Edenfield of the 4th, Blitch of the 5th, Kennedy of the 47th, Shepherd of the lOth, Carlisle of the 51st and Coker of the 39th:
A Bill to be entitled an Act creating the State Toll Bridge Authority; to confer powers and impose duties on the Authority; to provide for the appointment of members of the Authority, and for other purposes.

SB 77. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend Chapter 34-1900, Code of Georgia, 1933, so as to authorize the use of voting machines in all elections in counties and cities of 300,000 or more, and for other purposes.

SB 78. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to regulate primary elections in cities having more than 200,000 population so as to provide that voting precincts shall remain open from 7:00 o'clock, A. M. until 8:00 o'clock P. M., and for other purposes.

SB 79. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Act creating a joint citycounty board of tax assessors in counties having a population of 300,000 or more so as to provide that the city attorney shall be attorney for the joint city-county board; to authorize the city or county to reject the provisions relating to the appeal board, and for other purposes.

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JOURNAL OF THE HOUSE,

SB 82. By Senator Millican of the 52nd:
A Bill to be entitled an Act authorizing and empowering the judges of the Superior Courts in counties of 300,000 or more, to continue Grand Juries beyond the terms for which they were originally impanelled, 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 and resolutions of the House to-wit:

HB 279. By Mr. Ingle Of Murray:
A Bill to be entitled an Act to abolish that portion of the alley leading from the Carters Quarters Road (the new paved highway through the town of Spring Place, Murray County), etc., and for other purposes.

HB 306. By Mr. Ingle of Murray:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector and creating the office of Tax Commissioner for Murray County, and for other purposes.
HR 20. By Messrs. Mincy and Frier of Ware:
A Resolution authorizing the Librarian to furnish certain law books to the Clerk of the Superior Court and Ordinary of Ware County, and for other purposes.
HR 24. By Messrs. Cornelius and Dunaway of Polk:
A Resolution authorizing the State Librarian to furnish to the Superior and City Courts of Polk County a complete set of volumes of the Georgia Reports and the Georgia Appeals Reports to be kept in the jointlibrary of the Superior and City Courts of Polk County, and for other purposes.

HR 25. By Mr. Potts of Coweta:
A Resolution authorizing the Librarian to furnish to the Ordinary of Coweta County certain law books, and for other purposes.

HR 31. By Mr. Green of Rabun:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Rabun County certain law books, and for other purposes.

HR 43. By Mr. Turk of Wilcox:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Wilcox County, without cost to said County, certain law books, and for other purposes.

TUESDAY, FEBRUARY 10, 1953

459

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 332. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to authorize Richmond County to levy occupation taxes and license fees, and for other purposes.

The following Senate amendment to HB 332 was read:
Senator Kelley of the 18th moves to amend Section 1 of HB 332 by substituting a comma for the period at the end of said section and adding immediately thereafter the following: "and such taxes shall not be levied, because of business transacted in the county without the limits of such incorporated city, upon any business which pays an occupation or license tax to such city, unless a separate place of business is maintained in the county without the limits of such incorporated city."
Mr. Bell of Richmond moved that the House agree to the Senate amendment to HB 332.
On the motion to agree, the ayes were 111, nays 0.
The Senate amendment was agreed to.

HB 311. By Mr. Clark of Screven:
A Bill to be entitled an Act to amend an Act establishing the City Court of Sylvania, and for other purposes.

The following Senate amendment to HB 311 was read:
The Committee of the Senate on Counties and County Matters moves to amend HB 311 by: striking the word "April" as found in Section 1 and inserting in lieu thereof the words, "and on the fourth Monday in April".
Mr. Clark of Screven moved that the House agree to the Senate amendment to HB 311.
On the motion to agree, the ayes were 112, nays 0.
The Senate amendment was agreed to.

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 189. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to provide that under certain conditions insurance companies shall be liable for amounts in excess of policy limits, and for other purposes.

The following Committee substitute to HB 189 was read and adopted:

A BILL
To be entitled an Act to provide when all insurance companies doing business in this state, and engaged in the business of writing and

460

JOURNAL OF THE HOUSE,

selling insurance contracts in which the insured is insured against loss on account of damage or injury that the insured may cause to the person or property of another, shall be liable for the payment of the entire amount of a final judgment that may be rendered against the insured on account of such damage or injury which may be in excess of the limits of the contract of insurance; to repeal conflicting laws and for other purposes.

SECTION 1.
Be it enacted by the General Assembly of Georgia and it is hererby enacted by authority of same that from and after the passage of this act and the approval of the same by the Governor that all insurance companies doing business in this state and engaged in the business of writing and selling insurance contracts in which the insured is insured against loss on account of damage or injury that the insured may cause to the person or property of another shall, in addition to the amount limited in the contract, be liable for the payment of the amount of any final judgment that may hereafter be rendered against an insured or policyholder in a cause of action arising from an injury covered by the contract of insurance which is in excess of the limits of the policy or contract, provided, the person injured or damaged, prior to the rendition of said judgment, makes a bona fide offer of settlement which is within the limits of the contract and the company fails negligently or in bad faith to accept said offer of settlement.

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 117, nays 7.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 299. By Messrs. Willingham of Cobb, Tumlin of Bartow, and others:
A Bill to be entitled an Act to require payment of all ad valorem taxes on motor vehicles before application for license tags are granted, and for other purposes.

The following amendment to HB 299 was read and adopted:
Mr. Smith of Emanuel moves to amend HB 299 by:
Adding in the captign before the words "and for other purposes", the words, "to provide for certain procedure relating to the assessed valuation of motor vehicles; to repeal conflicting laws;"
Adding a new section to be known as Section 8 to read as follows:
"Section 8. The State Revenue Commissioner nor any employee of the State Revenue Department or any other State Department shall furnish any county with a schedule of evaluation of motor vehicles

TUESDAY, FEBRUARY 10, 1953

461

for the purpose being used in assessing motor vehicles for taxation. Provided, however, that the provisions of this section shall not apply to motor vehicles owned by public utilities."
Renumbering the present Section 8 as Section 9.

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 134, nays 3.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 24. By Messrs. Bell of Richmond, Harrison of Jenkins and Key of Jasper: A Bill to be entitled an Act to provide for the liability of owners of livestock straying upon public roads, and for other purposes.
Mr. Smith of Emanuel moved that HB 24 be committed to the Committee on Drainage for further study.
Mr. Dews of Calhoun moved that HB 24 be tabled. On the motion to table, the ayes were 35, nays 92.
The motion to table was lost. On the motion to commit, the ayes were 42, nays 109. The motion to commit was lost.

Mr. Greer of Lanier moved that the House do now recess until 1:45 o'clock this afternoon.
On the motion to recess, the ayes were 62, nays 91.
The motion to recess was lost.

Mr. Harrison of Jenkins moved the previous question.

On the motion, Mr. Smith of Emanuel 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 Adams of Evans Barber of Colquitt Barrett Bell Bentley
Black Blackburn
Blalock Bloodworth Boggus Bolton Brannen

Britton Campbell of Walker Carter Clark Clary Coker Cornelius Dews Drinkard Floyd Fowler Gardner Garrard

Gilder Gillis
Goodson Graham Green of Baldwin Groover of Troup Gunter Harper Harris
Harrison of Jenkins Hodges Holley Hollis

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JOURNAL OF THE HOUSE,

lvey Jackson Jessup Johnson Jordan of Gwinnett Jordan of Wheeler Kemp Key Lanier Lewis Lovett McGarity McGee

McKenna McWhorter Matheson Mishoe Moate Moye Murphey of Crawford Murphy of Haralson Otwell Parker Phillips of Columbia Pickard Potts

Those voting in the negative were Messrs.:

Adams of Upson

Ayers



Barber of Jackson

Baughman

Birdsong

Bodenhamer

Brantley

Bray

Brazeal

Brooks

Buie

Byrd

Campbell of Oconee

Carswell

Chastain

Cloud

Coffin

Conger

Connell

Coogle

Cowart

Cummings

Deal

Dean of Towns

Deen of Bacon

Denton

Dunaway

Durham

Edenfield

Edwards

Freeman

Frier

Gowen

Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Haar Hall Hamilton Harrell Harrison of Wayne Hayes Henderson Hicks Holloway Hopkins Hughes Ingle Jones of Worth King Little Lokey Martin Matthews Mincy Mobley Moore of Pickens Moore of White Mull Murr Musgrove Nelson Nightingale Peacock

The roll call was verified.

On the motion, the ayes were 76, nays 99.

The motion was lost.

Short Smith of Cobb Trapnell Turner Twitty Veal Watson Weems Whitener Williams of Bulloch Williams of Franklin
Perkins Raulerson Ray Rowland Russell Sheffield Sipple of Chatham Sivell Smiley Smith of Emanuel Hoke Smith of Fulton Stephens of Clarke Stewart Stocks Strickland Swindle Tallant Tamplin Tarpley Terrell Todd Tumlin Turk Upshaw Ursrey Wardlow White Wiggins Wilkinson Williams of Tift Willingham Willis Wooten

Mr. Blalock of Coweta moved that the House do now adjourn until 10:00 o'clock tomorrow morning, and the motion was lost.

TUESDAY, FEBRUARY 10, 1953

463

Mr. Bell of Richmond moved the previous question, and the call was sustained.

The following Committee amendment to HB 24 was read and adopted:
The Committee on General Judiciary No.1 moves to amend HB 24 as follows:
1. By adding after the word "intentionally" appearing in Section 4 of said Bill the word "or", and by striking from said Section 4 the words "carelessly or negligently".
2. By striking paragraph 13 in its entirety and numbering the remaining paragraph appropriately. 3. By striking the words "July 1, 1953" appearing in Section 16 of said Bill and inserting in lieu thereof the words "January 1, 1955".

The following amendment to HB 24 was read:
Mr. Smith of Emanuel moves to amend HB 24 that the provisions of this Act shall be voted on by the voters of each county at the next General Election and shall apply only to those counties ratifying the same.
On the adoption of the amendment, the ayes were 52, nays 89.
The amendment was lost.

An amendment offered by Mr. Mincy of Ware was read and lost.

An amendment offered by Mr. Harrison of Wayne was withdrawn.

An amendment offered by Mr. Deal of Bryan was read and lost.

An amendment offered by Mr. Harrison of Wayne was read and lost.

The following amendment to HB 24 was read and adopted:
Mr. Musgrove of Clinch moves to amend HB 24 by adding thereto:
Provided however that the Governor of Georgia may postpone or extend the effective date of this Act if he determines that because of national emergencies wire is not satisfactorily available.

An amendment offered by Mr. Smith of Emanuel was read and lost.

An amendment offered by Mr. Deal of Bryan was read and lost.

The following amendment to HB 24 was read and adopted:
Mr. Swindle of Berrien moves to amend HB 24 by adding to the end of Section 4, the following provision, to-wit:
"Provided, however, livestock shall not be considered running at large or straying upon public roads when the owner of such livestock, his servants, agents and employees are in the act of moving or transporting such livestock across public roads, or along public roads when moving livestock from one place to another."

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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.
On the passage of the bill, as amended, Mr. Bell of Richmond 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 Adams of Upson Alexander Ayers Barber of Colquitt Barrett Bell Bentley Blackburn Blalock Bloodworth Boggus Bolton Brannen Britton Brooks Campbell of Walker Clark Clary Cloud Coffin Coker Conger Connell Coogle Cornelius Cowart Dews Drinkard Dunaway Floyd Fowler Gardner Garrard

Gilder Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Groover of Troup Gunter Haar Harper Harrell Harris Holley Hollis Huddleston Hurst Ingle Ivey Jackson Jessup Johnson Jordan of Gwinnett Kemp Key Lewis Lokey Lovett McGee McKenna McWhorter Mauldin Moate

Mobley Moore of Pickens Moye Mull Murphey of Crawford Nightingale Otwell Parker Phillips of Walton Pickard Potts Ray Register Rutland Short Sipple of Chatham Smith of Cobb M. M. Smith of Fulton Tallant Tamplin Todd Trapnell Turner Twitty Upshaw Veal Watson Weems White Whitener Williams of Bulloch Willingham Wooten

Those voting in the negative were Messrs.:

Barber of Jackson Baughman Birdsong Black Bodenhamer Brantley Bray Brazeal Buie Byrd Callier

Campbell of Oconee Carswell Carter Chastain Cummings Deal Dean of Towns Deen of Bacon Denton Duncan Durham

Edenfield Edwards Frier Grimsley Groover of Bibb Hall Hamilton Harrison of Wayne Henderson Hicks Hodges

TUESDAY, FEBRUARY 10, 1953

465

Holloway Hopkins Hughes Jones of Worth Jordan of Wheeler Lavender Layton Martin Matthews Mincy Moore of White Murr

Musgrove Nelson Peacock Perkins Raulerson Russell Scoggin Sheffield Sivell Smiley Smith of Emanuel Stewart

Stocks Strickland Swindle Tarpley Turk Wardlow Wiggins Wilkinson Williams of Franklin Williams of Tift Willis

The roll call was verified.

On the passage of the bill, as amended, the ayes were 101, nays 68.
The bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Bell of Richmond gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 24.

SB 24. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide for the assessment of two additional mills under the Hospital 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 109, nays 14.
The bill, having received the requisite constitutional majority was passed.

HB 386. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend Section 92-5301 of the Code of Georgia relating to the commissions of the tax receiver and tax collector, and for other purposes.

The following amendment to HB 386 was read and adopted:
Mr. Perkins of Carroll moves to amend HB 386 by adding a new section to read as follows:
This act shall not apply to any county where the Tax Collector, Tax Receiver or Tax Commissioner is on a salary.

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 5.
The bill, having received the requisite constitutional majority, was passed, as amended.

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JOURNAL OF THE HOUSE,

Under the regular order of business, the following Bill of the House was again taken up for consideration:

HB 176. By Messrs, Wooten of Randolph and Musgrove of Clinch:
A Bill to be entitled an Act to amend an Act relating to fees of clerks in counties having less than 65,000 population, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 5.
The bill, having received the requisite constitutional majority, was passed.

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.

WEDNESDAY, FEBRUARY 11, 1953

467

Representative Hall, Atlanta, Georgia Wednesday, February 11, 1953.

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 Reverend John W. Harrell, Pastor, Ray City Baptist Church, Stockton Baptist Church, and Naylor Baptist Church.

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

Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings has 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. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and general bills with
local application. 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 of the House were introduced, read the first time, and referred to the Committees:

HB 517. By Messrs. Coker and Campbell of Walker, and Floyd of Chattooga and Greer of Lanier:
A Bill to be entitled an Act to provide that teachers in the public schools of this State shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each complete school month of service, and for other purposes.
Referred to the Committee on Education # 1.

HB 518. By Messrs. Ray of Warren, Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act which relates to deductions allowed from gross income in the computation of net income for the purpose of levying, assessing and collecting of an income tax on net

468

JOURNAL OF THE HOUSE,

income; to add a provision which will permit a taxpayer to deduct in his Federal income taxes paid in such year on account of his immediately preceding taxable year, and not previously deducted, and for other purposes.
Referred to the Committee on Ways and Means.

HB 519. By Messrs. Sipple and Haar of Chatham:
A Bill to be entitled an Act to amend an Act known as the Revenue Certificate Law, by providing that said Act shall apply to parking meters and providing that parking meters and public parking areas and public parking buildings constitute interrelated matters and providing that municipalities issuing revenue certificates for the purpose of acquiring, constructing and reconstructing and equipping public parking areas and public parking buildings may pledge to the payment of the principal and interest on said certificates, etc., and for other purposes.
Referred to the Committee on Municipal Government.

HB 520. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailer's and Consumer's Sales and Use Tax Act, which provides for what shall not be included within the meaning of the terms "sale at retail," "use," "Storage," and "consumption", so as to provide that the exemption of materials, containers, labels, sacks or bags will be confined to those intended to be used one time only, and for other purposes.
Referred to the Committee on Ways and Means.

HB 521. By Messrs. Willis and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act abolishing the office of Treasurer of Thomas County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 522. By Messrs. Willis and Chastain 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 523. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act creating a Department of Law, so as to provide for a contingent expense allowance for the Attorney General, and for other purposes.
Referred to the Committee on Ways and Means.

HB 524. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to provide that the income tax returns of all person serving in the armed forces of the United States between January 1, 1950 and the termination of the Korean Conflict shall be computed

WEDNESDAY, FEBRUARY 11, 1953

469

or recomputed so as to allow a deduction from the gross income for any year of so much of the compensation for such services as does not or did not exceed fifteen hunderd dollars in addition to all other- deductions allowed by law, and for other purposes.
Referred to the Committee on Ways and Means.

HB 525. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to amend an Act incorporating the City of Roberta, and for other purposes.
Referred to the Committee on Municipal Government.

HB 526. By Messrs. Bell of Richmond and McCracken of Jefferson: A Bill to entitled an Act to create a new word to be known as "andor", and for other purposes.
Referred to the Committee on Education # 2.
HB 527. By Mr. Gillis of Treutlen: A Bill to be entitled an Act to supplement the fees of the Ordinary of Treutlen County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 528. By Mr. Gillis of Treutlen:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Treutlen, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 529. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to change 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, the Clerk of the Superior Court, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 530. By Mr. Gillis of Treutlen:
A Bill to be entitled an Act to supplement the fees of the Tax Commissioners of Treutlen County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 531. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Bainbridge, and for other purposes.
Referred to the Committee on Municipal Government.

470

JOURNAL OF THE HOUSE,

HB 532. By Mr. Perkins of Carroll:
A Bill to be entitled an Act to amend, revise, supersede and consolidate the Acts creating and incorporating the Town of Mount Zion in the County of Carroll, and for other purposes.
Referred to the Committee on Municipal Government.

HB 533. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act providing a City Charter for Cumming, in Forsyth County, and for other purposes.
Referred to the Committee on Municipal Government.

HR 150-533a. By Mr. Perkins of Carroll:
A Resolution proposing an amendment to the Constitution relating to county systems of public schools so as to provide procedure to be followed in the consolidation of schools by county boards of education, and for other purposes.
Referred to the Committee on Amendment to Constitution # 1.

HR 151-533b. By Messrs. Perkins of Carroll and Potts of Coweta:
A Resolution to provide for the appointment of a joint committee of the House and Senate to investigate the subject of stream pollution in the State of Georgia, and for other purposes.
Referred to the Committee on Game and Fish.

HR 152-533c. By Mr. Tarpley of Union:
A Resolution requesting that the House of Representatives authorize 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 of Georgia, and for other purposes.
Referred to the Committee on Historical Research.

HR 153-533d. By Mr. Sheffield of Brooks:
A Resolution to authorize the Governor and the Commissioner for and on behalf of the State of Georgia, to convey a certain lot or tract of land located in the City of Quitman, County of Brooks, 12th land district of Brooks County, Georgia, and upon which is located thereon the Quitman State Farmers Market, unto Brooks County, Georgia, and their successors and assigns, and for other purposes.
Referred to the Committee on Public Property.

HR 154-533e. By Mr. Wiggins of Stephens:
A Resolution authorizing appointment of a committee to study the advisability of passing an automobile title certificate law for Georgia, and for other purposes.
Referred to the Committee on Motor Vehicles.

WEDNESDAY, FEBRUARY 11, 1953

471

HB 534. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend an Act which relates to and defines gross income, by changing the amount of initial payment for the purpose of reporting income on the installment plan from "forty per centum" to "thirty per centum", etc., and for other purposes.
Referred to the Committee on Ways and Means.

HB 535. By Messrs. Lokey and Ray of Warren:
A Bill to be entitled an Act to amend an Act in order to provide that the amount of income a beneficiary of a trust may receive from said trust before disallowing said beneficiary as a dependent shall be the same amount as allowed any dependent to receive, as taxable gross income, before disallowing said dependent, and for other purposes.
Referred to the Committee on Ways and Means.

HB 536. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend an Act relating to the rate of income tax on corporations, to eliminate the alternative tax rate of 2 per cent, after disallowing all compensation of officers and stockholders in excess of $10,000.00, and for other purposes.
Referred to the Committee on Ways and Means.

HB 537. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend an Act which provides for the deduction of taxes from gross income, and which has not been clear as to the intent of the General Assembly as to the accrual of Federal Income Taxes in enacting an amendment to said subsection, and for other purposes.
Referred to the Committee on Ways and Means.

HB 538. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend an Act relating to deduction of net operating losses from gross income,. etc., and for other purposes.
Referred to the Committee on Ways and Means.

HB 539. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act known as the General Tax Act, making certain changes in the license or occupation tax relating to corporations, etc., and for other purposes.
Referred to the Committee on Ways and Means.

HB 540. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act which provides for the payment of tax, reports of foreign corporations, and excepts certain companies by striking from said paragraph 2 the words "or to sewing machine companies" and for other purposes.

4'72

JOURNAL OF THE HOUSE,

Referred to the Committee on Ways and Means.

HB 541. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act which provides for a tax on foreign corporations, in addition to all other taxes now required by law, for the privilege of carrying on business within this State, and for other purposes.
Referred to the Committee on Ways and Means.

HB 542. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend an Act which provides for the amount exemptions of allowed trusts and estates, etc., and for other purposes.
Referred to the Committee on Ways and Means.

HB 543. By Messrs. Turner, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act establishing the City of Avondale Estates, and for other purposes.
Referred to the Committee on Municipal Government.

HB 544. By Mr. Perkins of Carroll:
A Bill to be entitled an Act to amend an Act to establish a charter for the City of Carrollton; to prescribe the duties of the Mayor of the City of Carrollton the Clerk, etc., and for other purposes.
Referred to the Committee on Municipal Government.
HB 545. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that the Mayor and Council, or other governing body of every municipal corporation, shall have power, in addition to the powers specified in the charter of such corporation, to open, change and close streets, alleys and all other types thoroughfares within the corporate limits of such municipality, and for other purposes.
Referred to the Committee on Municipal Government.
HB 546. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a retirement systems for aged and incapacitated teachers in the State Public Schools, and for other purposes.
Referred to the Committee on Pensions.
HB 547. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Monroe County into the Office of Tax Commissioner, and for other purposes.
Referred to the Committee on Counties and County Matters.

WEDNESDAY, FEBRUARY 11, 1953

473

HR 155-547a. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, Greer of Lanier, Harrison of Jenkins, Deen of Miller and Bodenhamer of Tift:
A Resolution providing a method of reporting extravagances of the Minimum Foundation Program For Education, for the purpose of adjusting teachers salaries, and for other purposes.
Referred to the Committee on (No committee assignment).

HR 156-547b. By Messrs. Harris, McKenna and Groover of Bibb:
A Resolution authorizing the State Librarian to furnish to the. Superior Court of Bibb County, without cost to said County, certain law books, and for other purposes.
Referred to the Committee on Public Library.

HB 548. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act relating to the disposition of fines and violations of the game and fish laws, so as to provide that half of the fines and forfeitures arising from violations of the game and fish laws shall be distributed for the use of county schools, and for other purposes.
Referred to the Committee on Special Appropriations.

HB 549. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act enlarging the jurisdiction of the Courts of Ordinary and other courts, so as to provide that the Court of Ordinary shall have no jurisdiction over any offense involving the unlawful use or possession of intoxicating beverages or drugs, and for other purposes.
Referred to the Committee on General Judiciary # 2.

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 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 339. Do Not Pass.
SB 27. Do Pass, as amended.
Respectfully submitted, Tarbutton of Washington, Chairman.

Mr. Gowen of Glynn County, Chairman of the Committee on Constitutional
Amendments # 2, submitted the following report:

474

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Constitutional Amendments # 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 144-515. Do Pass.
Respectfully submitted,
Gowen of Glynn,
Chairman.

Mr. Hall of Floyd 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:

HB 296. Do Pass, by substitute.

HB 464. Do Pass.

SB 51. Do Pass.

Respectfully submitted,

Hall of Floyd,

Chairman.

Mr. Edenfield of Mcintosh 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 follow-
ing Bill of the House and has instructed me as Chairman, to report the same ~ack to the House with the following recommendations:

HB 426. Do Pass.

Respectfully submitted, Edenfield of Mcintosh,

Chairman.

Mr. Hollis of Muscogee 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:

WEDNESDAY, FEBRUARY 11, 1953

475

HB 331. Do Pass, as amended by committee

HB 461. Do Pass. HB 512. Do Pass. HB 454. Do Pass. HB 501. Do Pass. HB 502. Do Pass.

HB 471. Do Pass

HB 488. Do Pass.

HB 46. Do Pass.

Respectfully submitted, Hollis of Muscogee,

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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 378. Do Pass, as amended. Respectfully submitted, Smith of Fulton,

Chairman.

Mr. Jones of Lumpkin 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:
HB 136. Do Not Pass. HB 42. Do Pass. HB 236. Do Pass.
HB 73. Do Pass. HB 390. Do Pass, by substitute. HB 128. Do Pass, as amended.

476

JOURNAL OF THE HOUSE,

SB 53. Do Pass. SB 50. Do Pass.

Respectfully submitted, Jones of Lumpkin,

Chairman.

Mr. Hoke Smith of Fulton 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 481. Do Pass. HB 515. Do Pass. HB 500. Do Pass. HB 489. Do Pass. HB 490. Do Pass. HB 509. Do Pass. HB 516. Do Pass. HB 473. Do Pass. HB 476. Do Pass. HB 472. Do Pass. HB 470. Do Pass. HB 170. Do Pass. HB 424. Do Pass, by substitute. HB 486. Do Pass. HB 495. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.

Mr. Coogle of Macon 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

WEDNESDAY, FEBRUARY 11, 1953

477

SR 8. Do Pass. SR 21. Do Pass. HR 114-262c. Do Pass. HR 121-374a. Do Pass. HR 99-337c. Do Pass. HR 129-420a. Do Pass. HR 119-362h. Do Pass. HR 134-427a. Do Pass. HR 148-515e. Do Pass. HR 135-433a. Do Pass.
Respectfully submitted, Coogle of Macon,

Chairman.

Mr. Blalock of Coweta 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 Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 284. Do Not Pass.

HR 86-289b. Do Pass. HR 120-367a. Do Pass.

Respectfully submitted,

Blalock of Coweta,

Chairman.

Mr. Coffin of Schley County, Chairman of the Committee on Public Utilities, submitted the following report:

Mr. Speaker:

Your Committee on Public Utilities has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 474. Do Pass.

Respectfully submitted, Coffin of Schley,

Chairman.

478

JOURNAL OF THE HOUSE,

Mr. Holley of Richmond County, Chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker: Your Committee on Railroads has had under consideration the following
Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 388. Do Pass. Respectfully submitted, Holley of Richmond, Chairman.
Mr. Barber of Colquitt 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 19-87b. Do Pass. HR 22-87e. Do Pass. HR 23-87f. Do Pass, as amended.
Respectfully submitted, Barber of Colquitt, 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 House and Senate to-wit:
SB 87. By Senator Singleton of the 24th: A Bill to raise the salary of the sheriff of Marion County from $50.00 to $100.00 per month, and for other purposes.
SB 88. By Senator Singleton of the 24th:
A Bill to increase the salary of the treasurer of Marion County from $500.00 to $720.00 per annum, and for other purposes.

HB 147. By Messrs. Gardner and Watson of Dougherty: A Bill to be entitled an Act to prohibit solicitation of votes within a

WEDNESDAY, FEBRUARY 11, 1953

479

certain distance of polling places in Dougherty County; to repeal conflicting laws, and for other purposes.

HB 219. By Mr. Deal of Bryan:
A Bill to be entitled an Act to supplement the compensation now received by the Ordinary of Bryan County, and for other purposes.

HB 293. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to consolidate the office of Tax Receiver and the office of Tax Collector of Dougherty County into the one office of Tax Commissioner of Dougherty County, and for other purposes.

HB 333. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to provide that the County Commissioners of Forsyth County shall pay a monthly expense allowance of one hundred dollars to the Sheriff of said county, and for other purposes.

HB 340. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to provide that the Members of the Board of Education of Richmond County shall be elected by the voters of Richmond County at large, and for other purposes.

HB 374. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act providing for the disposition of fines and forfeitures in counties having a population of not less than 6,700 nor more than 6,740, and for other purposes.
HB 385. By Mr. Layton of Irwin:
A Bill to be entitled an Act to amend an Act which created a Board of Commissioners of Roads and Revenues for the County of Irwin, and for other purposes.
SR 31. By Senator Millican of the 52nd:
A Resolution authorizing a committee to study the procedure for the registration of motor vehicles and the taxation thereof, and for other purposes.
The following messages 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 86. By Messrs. Rutland, McWhorter and Turner of DeKalb:
A Bill to be entitled an Act to amend an Act providing a salary for the official Court Reporter for the Stone Mountain Judicial Circuit and for other purposes.

480

JOURNAL OF THE HOUSE,

HB 71. By Messrs. Ray of Warren, Greer of Lanier, Lokey and H. Smith of Fulton and many others:
A Bill to be entitled an Act to create the positions of Associate Public Service Commissioners, and for other purposes.

HB 72. By Messrs. McCracken of Jefferson, Matthews of Clarke, Greer of Lanier and others:
A Bill to be entitled an Act to authorize the members of the Public Service Commission of the State of Georgia to receive a contingent expense allowance and to provide for the method of paying said allowance, and for other purposes.

The following meassage 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 House to-wit:

HB 18. By Messrs. Matheson of Hart, Ayers of Madison and Lavender of Elbert:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Courts of the Northern Judicial Circuit, as applied to the office of the Solicitor General thereof, 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 42. By Messrs. Matheson of Hart and Wiggins of Stephens:
A Bill to be entitled an Act to provide for the dimming of automobile lights, and for other purposes.

HB 46. By Messrs. M. Smith of Fulton and Holton of Coffee:
A Bill to be entitled an Act to make it a felony to commit assault and battery while incarcerated in any jail, and for other purposes.

HB 73. By Messrs. Matheson of Hart, Wiggins of Stephens and Phillips of Walton:
A Bill to be entitled an Act to provide for the equipping of all motor vehicles with mufflers, and for other purposes.

HB 170. By Messrs. Haar and Sipple of Chatham:
A Bill to be entitled an Act to amend an Act so as to provide for a council manager form of government for the City of Savannah, and for other purposes.

HB 236. By Messrs. Harrison of Wayne, Moate of Hancock and Mincy of Ware:
A Bill to be entitled an Act to provide for the clearly marking of vehicles used in making arrests, and for other purposes.

WEDNESDAY,-FEBRUARY 11, 1953

481

HB 296. By Messrs. Hall and Scoggin of Floyd and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act so as to provide for an increase in compensation for certain teachers based on experience, and for other purposes.

HB 331. By Messrs. Hale of Dale, Jackson of Jones, and others:
A Bill to be entitled an Act to amend Section 20-506 of the "code of Georgia so as to provide for enforceability under certain conditions of notes given for attorney's fees, and for other purposes.

HB 378. By Mr. M. Smith, of Fulton:
A Bill to be entitled an Act to provide for the licensing of life and health and accident insurance agents, and for other purposes.

HB 128. By Messrs. H. Smith of Fulton and Hollis of Muscogee:
A Bill to be entitled an Act re~lating trJU;fic onthE! streets a~d higll~ ways of this State, and for other purposes.

JIB 388. By Messrs. Hartis:"of Bibb, Cornelius of Polk and others:
A Bill to be entitled an Act to amend an Act relating to the appointment of special officers upon the request of railway companies, and for other purposes.

HB 390. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend Section 68-602 of the Code of Georgia so as to provide that buses and other motor vehicles shall not be exempt from regulation by the Public Service Commission, a11d for other purposes.

HB 424. By Mr. Holloway of Gilmer:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Ellijay, and for other purposes.

HB 426. By Me~srs. B~ie of Camden, Deen of Bacon and others:
A Bill to be entitled an Act to provide for the seizure of vehicles and other devices used in transporting and killing deer or turkeys illegally, and for other purposes.

HB 454. By Messrs. Greene of Crisp, Willingham of Cobb and Wooten of

Randolph:



A Bill to be entitled an Act to amend an Act :;;o as to provide for the

method of payment of fines of the Courts of Ordinary into the county

treasury, and for other purposes.



HB 461. By Mr. Gowen of Glynn:
A Bill to be entitled an Act to amend Section 105-1365 of the Code of Georgia so as to provide for the setting aside as a yea,r's s1,1pport recovery for husband's or parent's homicide, and for other purp.oses.

482

JOURNAL OF THE BOUSE,

BB 464. By Mr. Sipple of Chatham:
A Bill to be entitled an Act to amend Section 32-706 of the Code of Georgia so as to provide for instructions in the History of the United States in all schools and colleges sustained by public funds, and for other purposes.

BB 470. By ?rlessrs. M. Smith, B. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act relating to payment for City Ball site and building in annual installments by the City of Atlanta, and for other purposes.

BB 471. By Mr. Hollis of Muscogee:
A Bill to be entitled an .Ai:t to amend an Act by deleting the requirement that the plaintiff's attorney shall file in a form in pleadings for suits of divorce or annulment, and for other purposes.

HB 472. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Augusta to assess the sum of $1.75 per lineal foot upon property abutting on drains or sewers on each side of the street, and for other purposes.

BB 473. By Mr. Cowart of Stewart:
A Bill to be entitled an Act to amend an Act so as to change the date of the election of the mayor and council of the City of Richland, and for other purposes.

BB 474. By Mr. Gardner of Dougherty:
A Bill to be entitled an Act to provide that a trust may be created to bold title to properties useful in furnishing utilities, and for other purposes.

BB 476. By Mr. Little of Peach:
A Bill to be entitled an Act to amend an Act so as to change the name of the Town of Byron to the City of Byron, and for other purposes.
BB 481. By Messrs. Band and Twitty of Mitchell:
A Bill to be entitled an Act to provide that the Mayor and Council of the City of Camilla shall appoint the City Treasurer thereof, and for other purposes.
BB 486. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act so as to fix the date for appointment of tax assessors, in the City of Buchanan, and for other purposes.
BB 488. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to provide for the presentation of applica-

WEDNESDAY, FEBRUARY 11, 1953

483

tions for admission to the bar of the State of Georgia, and for other purposes.

HB 489. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus fee simple title to a certain tract of land which is a part of Broadway, and for other purposes.

HB 490. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act so as to provide for the election of the Mayor and other city officers of the City of Stockbridge, and for other purposes.

HB 495. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Bainbridge Fire Department to protect property in Decatur County, and for other purposes.

HB 500. By Messrs. Groover, McKenna and Harris of Bibb:
A Bill to be entitled an Act to amend an Ad so as to authorize the City of Macon to sell certain property to the Georgia Southern and Florida Railway Company, and for other purposes.

HB 501. y Messrs. Tarpley of Union and Whitener and Britton of Whitfield:
A Bill to be entitled an Act to amend Section 6-407 of the Code of Georgia so as to change the compensation of jurors, and for other purposes.

HB 502. By Messrs. Tarpley of Union and Whitener and Britton of Whitfield:
A Bill to be entitled an Act to amend Section 24-901 of the Code of Georgia so as to provide for the holding of jury terms of Justice of the Peace Courts, and for other purposes.
HB 509. By Messrs. Smith, Willingham and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Smyrna, and for other purposes.
HB 512. By Messrs. Jackson of Jones and Gowen of Glynn:
A Bill to be entitled an Act to amend Section 105-1304 of the Code of Georgia relating to a widow's recovery subject to the law of descents, and for other purposes.
HB 515. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to provide for employment of tax experts for the City of Jessup, and for other purposes.
HB 516. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Cairo to operate a gas distribution system, and for other purposes.

484

JOURNAL OF THE HOUSE,

HR 19-87b. By Mr. Moate of Hancock:
A Resolution requesting compensation for damages to Miss Rose Thompson, and for other purposes.

HR 22-87e. By Messrs. Murr and Carter of Sumter:
A Resolution requesting compensation for damages to Mr. B. D. Cravey, and for other purposes.

HR 23-87f. By Messrs.. Murr and Carter of Sumter:
A Resolution requesting compensation for damages to Mr. Q. A. Beasley, and for other purposes.

HR 86-289b. By Mr. Mishoe of Tattnall:
A Resolution conveying to the City of Glennville certain surplus land, and for other purposes.

HR 99-337c. By Mr.Wardlow of Turner:
A Resolution requesting the State Librarian to furnish certain law books to the Clerk of the Superior Court of Turner County, and for other purposes.

HR 114-362c. By Mr. Murphy of Haralson:
A Resolution requesting the State Librarian to furnish certain law books to the Ordinary of Haralson County, and for other purposes.

HR 119-362h. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Resolution requesting the State Librarian to furnish certain law books to the Criminal Court of Fulton County, and for other purposes.
;.
HR 120-367a. By Messrs. Gardner and Watson of Dougherty:
A Resolution conveying certain property in Dougherty County, being a portion of Chehaw State Park, and for other purposes.
i i.
HR 121-374a. By Mr. Tarpley of Union:
A Resolution requesting the State Librarian to furnish certain law books to the Clerk of the Superior Court of Union County, and for other purposes.

HR 129-420a. By Mr. Blackburn of Habersham:
A Resolution requesting the State Librarian to furnish certain law books to the Clerk of the Superior Court of Habersham County, and for other purposes.

HR 134-427a. By Mr. Barrett of Pike:
A Resolution requesting the State Librarian to furnish certain law books to the Ordinary of Pike County, and for other purposes.

WEDNESDAY, FEBRUARY 11, 1953

485

HR 135-433a. By Mr. Tamplin of Morgan:

A Resolution requesting the State Librarian to furnish certain law

books to the Clerk of the Superior Court of Morgan County, and for

other purposes.



HR 144-515a. By Mr. Stewart of Echols:
A Resoiution proposing a constitutional amendment providing for the division of Echols County into school districts, and for other purposes.

HR 148-515e. By Mr. Coogle of Macon;
A Resolution requesting the State Librarian to furnish certain law books to the Clerk of the Superior Court of Macon County; and for other purposes.

SB 27. By Senators Hawes of the 29th, Edenfield of the 16th, and Dean of the 34th:
A Bill to be entitled an Act to provide for the conversion of ce.rtain trust companies into state banks, and for other purposes.

SB 50. By Senator Edenfield of the 4th:



.

1

A Bill to be entitled an Act to amend Chapter 68-2 Qf the Code of Geor-

gia so as to require certain additional information in making applica-

tion for .automobile licenses, and for other purposes.

SB 51. By Senators Carlisle of the 51st and Singleton of the 24th:
A Bill to be entitled an Act to amend an Act so as to extend the time for compulsory retirement under the Teachers' Retirement System, antl for other purposes.
SB 53. By Senator Singleton of the 24th:
A Bill to be entitled an Act to repeal Section 68-201 of the Code of Georgia and to reenact a new section to provide certain penalties for failure to renew automobile licenses, and for other purposes.

SR 8.

By Senator Jordan of the 25th District:
A Resolution requesting the State Librarian to furnish certain law books to the Superior Court of Talbot County, and for other purposes.

SR 21. By Senators Edenfield of the 4th, Blitch of the 5th and Carlisle of the 51st:
A Resolution naming Miss Ella Mae Thornton Honorary State Librarian of Georgia for life, and for other purposes.

By unanimous consent, the following Bills of the House were taken up for consideration, and read the third time:
HB 409. By Mr. Dean of Towns:

486

JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to prohibit the maintenance of an abandoned open well or hole 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 411. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act so as to provide for fixing the salary of the Tax Commissioner of Atkinson County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 414. By Messrs. Holton and Hayes of Coffee: A Bill to be entitled an Act to provide time for holding Superior Court of Coffee County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 416. By Messrs. Green and Parker of Baldwin:
A Bill to be entitled an Act to amend an Act so as to remove limitations on the fixing of the salaries of the Board of Commissioners of Roads and Revenues for Baldwin County by the Grand Jury during the terms of office of said commissioners, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 417. By Mr. Moses of Montgomery:
A Bill to be entitled an Act to repeal an Act and to create a Board of C.:~mmissioners of Roads and Revenues for Montgomery County, and for other purposes.

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

WEDNESDAY, FEBRUARY 11, 1953

487

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

HB 418. By Messrs. Sipple, McGee, and Haar of Chatham: A Bill to be entitled an Act to lower to $1,250 in the County of Chatham the Homestead Exemption of $2,000, 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 108, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 419. By Mr. Wooten of Randolph: A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Randolph 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 109, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 420. By Mr. Blackburn of Habersham: A Bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues or the Ordinary of Habersham County to 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 110, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 430. By Messrs. Willingham, Bentley and Smith of Cobb: A Bill to be entitled an Act to amend an Act so as to change the compensation of the Sheriff and certain other officers 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 431. By Messrs. Willingham, Bentley and Smith of Cobb: A Bill to be entitled an Act to amend an Act so as to change the com-

488

JOURNAL OF THE HOUSE,

pensation of the 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 112; nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 434. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to be entitled an Act to amend an Act so as to provide for a Judge Emeritus of the City Court in Richmond County, and for other purp<>Ses.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
Oil the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 436. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for 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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 438. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to be entitled an Act to provide for the appointment of an assistant solicitor of the city court 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 439. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend Section 24-2727 of the Code of Georgia so as to provide that the fees enumerated therein shall be collected in all counties having a certain population, and for other purposes.
The following amendment to HB 439 was read and adopted:
Messrs. Bell, Graham and Holley of Richmond move to amend HB 439 by striking the last two paragraphs in their entirety therefrom.

WEDN~~DAY1 FEBRUARY 11, 1953

489

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 442. By Mr. Brooks Qf qgletho,rpe:
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 Oglethorpe County, and for other purposes.

The report of the Committe, 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 444. By Mr. Wilkinson of Long:
A Bili to be entitled an Act to provide supplemental compensation for the Sheriff of Long 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 450. By Messrs. Jordan and White of Gwinnett:
A Bili to be entitled ari Act to provide that the tax receiver of certain counties shall be paid a commission from ad valorem school 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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 451. By Messrs. Hall, Hicks and Scoggin of Floyd:
A Bill to be entitled an Act to amend Section 32-9.04 of the Code of Georgia so as to provide a different compensation to the members of the county board of education 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 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

490

JOURNAL OF THE HOUSE,

HB 455. By Messrs. Rutland, McWhorter and Turner of DeKalb:
A Bill to be entitled an Act to establish a commission in DeKalb County to study the governments 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 121, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 456. By Mr. Martin of Banks: A Bill to be entitled an Act to provide for a supplemental salary for the Sheriff of Banks County, and for other purposes.
The report of the Committee, which was favorable ~o 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 457. By Mr. Martin of Banks:
A Bill to be entitled an Act to provide for a supplemental salary for the Ordinary of Banks County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 123, 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 1. By Senators Edenfield of the 4th, Blitch of the 5th, Kennedy of the 47th, Shepherd of the lOth, Carlisle of the 51st and Coker of the 39th:
A Bill to be entitled an Act creating the State Toll Bridge Authority; to confer powers and impose duties on the Authority, and for other purposes.
Referred to the Committee on State of Republic:

SB 43. By Senator Blitch of the 5th:
A Bill to be entitled an Act authorizing the State of Georgia to make grants to assist in the construction of public hospitals and public health centers by increasing the maximum amount of such grants and changing the priority system of granting, and for other purposes.
Referred to the Committee on State of Republic.

SB 62. By Senator Millican of the 52nd:

WEDNESDAY, FEBRUARY 11, 1953

491

A Bill to be entitled an Act creating the State Office Building Authority; to authorize the Authority to provide State parks and public parking facilities adjacent to the State Capitol, and for other purposes.
Referred to the Committee on Public Property.

SB 77. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to authorize the use of voting machines in all elections in counties and cities of 300,000, or more, and for other purposes.
Referred to the committee on Counties and County Matters.

SB 78. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to regulate primary elections in cities having more than 200,000 population so as to provide that voting precincts shall remain open from 7:00 o'clock, until 8:00, and for other purposes.
Referred to the Committee on Municipal Government.

SB 79. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act creating a joint citycounty board of tax assessors in counties having a population of 300,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 80. By Senators Callaway of the 35th, Brown of the 40th, Dean of the 34th, Redwine of the 26th and Rollins of the 44th:
A Bill to be entitled an Act to create the Livestock Development Authority; to authorize the Authority to provide additional security for private loans for the purpose of encouraging stock farming, pasturage improvement and egg production in the State, and for other purposes.
Referred to the Committee on Agriculture :#: 1.

SB 82. By Senator Millican of the 52nd:
A Bill to be entitled an Act authorizing and empowering the judges of the Superior Courts in counties of 300,000 or more, to continue Grand Juries beyond the terms for which they were originally impanelled, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 83. By Senator Adams of the 12th:
A Bill to be entitled an Act to amend an Act relating to one's pursuance of his business or occupation on Sunday, and for other purposes.
Referred to the Committee on State of Republic. '
SB 87. By Senator Singleton of the 24th:
A Bill to be enti,tled an Act to amend an Act which authorized and

492

JOURNAL OF THE HOUSE,

directed the governing authorities of the Co1.1nty of Marion to supplement the compensation of the Sheriff of said county, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 88. By Senator Singleton of the 24th:
A Bill to be entitled an Act to amend an Act entitled "An Act to fix the salary of the Treasurer of Marion County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SR 31. By Senator Millican of the 52nd:
A Resolution authorizing a committee to study the procedure for the registration of motor vehicles and the taxation thereof, and for other purposes.
Referred to the Committee on Motor Vehicles.

Mr. Bell of Richmond moved that the House reconsider its action in failing to pass the following Bill of the House:

HB 24. By Messrs. Bell of Richmond, Harrison of Jenkins and Key of Jasper:
A Bill to be entitled an Act to provide for the liability of owners of livestock straying upon public roads, and for other purposes.
On the motion to reconsider, the ayes were 82, nays 46.
The motion to reconsider prevailed, a.Ii.d HB 24 was placed at the footof the Calendar following HB 466.

By unanimous consent, the following Bills of the House and Senate were withdrawn from the Committee on Counties and County Matters, read the second time and recommitted:
SB 38. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to provide for the qualifications of a per~ son to be elected Ordinary of certain counties, and for other purposes.

HB 415. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act relating to the creation of the Griffin Spalding County School System, and for other purposes.

The following Bills of the House were taken up for the purposes of considering the Senate amendments thereto:

HB 71. By Messrs. Ray of Warren, Greer of Lanier and others:
A Bill to be entitled an Act to create the positions of Associate Public Service Commissioners, and for other purposes.

The following Senate amendments to HB 71 were read:

WEDNESDAY; .FEBRUARY 11, 1953

493

Senator Moon of the 13th moves to amend HB 71 by striking the words "two-thirds of the annual compensation and allowances provided by Law for members of the Georgia Public Service Commission at the time of appointment of such Associate Public Service Commission" and in. serting in lieu thereof the following:
The Associate Public Service Commissioner shall receive annual com. pensation in monthly installments equal to one-half of the annual salary of $7,500.00 with provision that in no instance will the compensation of Associate Public Service Commissioners be more than $3750.00 per annum.
Senator Singleton of the 24th moves .to amend HB 71 by adding a new section to be known as Section 4A and reading as follows:
"Provided, that no person appointed as an Associate Commissioner under the terms of this Act shall be eligible for any benefits under the terms of the Employees Retirement Law so long as he holds the office created under the terms of this Act and/or receives compensation for service as Associate Commissioner or for any other service render the State."
Senator Carlisle of the 51st moves to amend HB 71, line 10 of Section 1 by adding after the word "writing", the words: "not later than January 1, 1954".
Mr. Twitty of Mitchell moved that the House agree to the Senate amendments to HB 71.
On the motion to agree, the ayes were 124, nays 0.
The Senate amendments to HB 71 were agreed to.

HB 72. 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.

The following Senate amendments to HB 72 were read:

The State of the Republic Committee of the Senate amends HB 72 by

striking therefrom the last two lines of Section 1. Said lines so stricken

read as follows:

.'

"Provided that the amount of $3600. per annum shall be the only amount appropriated for expenses and subsistence and shall in no wise exceed the said $3600. per year for any cause whatsoever.'' Senator Blitch of. the: 51;h;moves to amend HB 72 by striking the figures $3600.00 in Section 1, wherever they appear, and inserting in lieu thereof the figures $2400.00,

Mr. Twitty of Mitchell moved that the House agree to the Senate amendments to HB 72.

On the motion to agree, the ayes were 127, nays 0.

. The Senate amendments to HB 72 were agreed to.

The following Resolution of the House W:as again taken up for consideration:
HR 155-547a. By Messrs. Hand and Nitty of Mitchell, Ray of Warren and others:

494

JOURNAL OF THE HOUSE,

A RESOLUTION

WHEREAS, it appears from statements made in the General Assembly and by factions in the educational group of this State that there is a contention that money is being spent in certain phases of the Minimum Foundation Program for Education which is wasteful and extravagant and that by proper administration of the funds appropriated for education that the teachers' salaries could be adjusted, and,

WHEREAS, it is the desire of the General Assembly of Georgia that all funds possible be expended for the payment of teachers' salaries,

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING; that any educators, educational associations or citizens of this State be hereby officially requested to file with the State Board of Education in writing and not later than July 1, 1953 their recommendations in writing clearly setting forth where the expenditure of school funds can be more, economically administered and pointing out where any savings can be applied on the payment of teachers' salaries,

BE IT FURTHER RESOLVED by the House of Representatives, the Senate concurring; that in the event the educational group files specific recommendations in writing with the State Board of Education which will result in a savings in the present operation of the new school system of this State, the Governor of the State is hereby requested to make available to the State Board of Education any funds that can be saved or that might be received by the State in any fiscal year which are in excess of the income required each fiscal year to pay the appropriations authorized by the General Assembly and that any additional funds so received by the State Board of Education shall be utilized by the Board to the best advantage in assisting in raising the salary scale of teachers,

BE IT FURTHER RESOLVED by the House of Representatives, the Senate concurring, that the newspapers of this State be requested to give as much publicity as possible to this resolution so that all persons having knowledge of any information which will lead to a better expenditure of school funds will be advised to file their recommendations in writing with the State Board of Education not later than July 1, 1953.

On the adoption of the resolution, 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.:

Adams of Evans Adams of Upson Alexander Barber of Colquitt Barber of Jackson Barrett Baughman Bell Bentley Best Birdsong

Black Blackburn Blalock Bloodworth Bodenhamer Boggus
Bolton Brannen Brantley Bray
Brazeal

Britton Brooks Buie Byrd
Callier Campbell of Oconee Campbell of Walker Carswell Carter Chastain Clark

WEDNESDAY, FEBRUARY 11, 1953

4.95

Clary Cloud Coffin Coker Conger Connell Coogle
Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway
Duncan Durham Edenfield Edwards Floyd
Fowler Frier Gardner Garrard Geer Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp
Greer Grimsley
Groover of Bibb Groover of Troup Gunter Haar Hall Hamilton Harper Harrell Harris Harrison of Wayne Hayes Henderson Hicks

Hodges Holley Hollis Holloway Holton Hopkins Hughes Hurst Ingle Ivey Jackson Jessup Johnson Jones of Worth Jordan of Gwinnett Jordan of Wheeler Key King
Land Lanier Lavender Layton Lewis Lifsey
Little Lokey McCracken McGarity McGee McKenna McWhorter Martin Matheson Matthews Mauldin Mincy Mishoe Moate Mobley Moore of Pickens Moore of White
Moses Moye Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale

Otwell Parker Peacock
Phillips of Columbia Phillips of Walton Potts Raulerson Register Rowland Russell Rutland Sheffield Short Sipple of Chatham Sivell Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton Stewart Stocks Strickland Swindle Tallant Tamplin Tarbutton Tarpley
Terrell Todd Trapnell Turk Twitty Upshaw Ursrey
Walker Wardlow Watson Weems Whitener Wiggins
Wilkinson Williams of Bulloch Williams of Franklin Williams of Tift Willingham Willis Wooten Young

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

On the adoption of the resolution, the ayes were 181, nays 0.

The resolution was adopted.

496
Under the regular order of business the following Bills of the House. were taken up for consideration, and read the third time:

HB 111. By Messrs. Deen of Bacon, Smith and Bentley of Cobb and. others:
A Bill to be entitled an Act to amend Section 59-106, 59-112, and 59201 of the Code of Georgia so as to permit the serving of women on juries, and for other purposes.
Mr. Bentley of Cobb moved the previous question, and the call was sustained.

The following Committee substitute to HB 111 was read:

A BILL

To be entitled an Act to amend Section 59-106 of the Code of . Georgia of 1933, relating to the revision of jury lists and the selection of grand and traverse jurors; to amend Sectron 59-112 of the Code of Georgia of 1933, relating to persons exempt from jury duty; to amend Section 59-201 of the Code of Georgia of 1933, relating to the qualifications of grand jurors, so as to remove the prohibition against women serving as jurors; to provide that mothers engaged in the raising of children under sixteen years of age, and nurses engaged in the practice of their profession shall be exempt from all jury duty; to provide that any woman who desires not to serve.. upon juries shall not have her name placed upon any jury list; to repe~l conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR-

GIA AS FOLLOWS:

-

s}j:CTION 1.

'~

'

Section 59-106 of the Code of Georgia of 1933, relating to the re-

vision of. jury lists and the selection of grand and traverse jurors, is

hereby amended by striking the word "men" from line five and insert-

ing in lieu thereof the word "citizens", .and by striking the word "men"

from line eight and inserting in lieu thereof the word "citizens", so that

said section when so amended shall read as follows:

.

"Biennially, or, if the judge of the !!Uperior court shall direct; triennially on the first Monday in August, or within 30 days thereafter, the board of jury commissioners shall revise the jury lists.

"The jury commissioners shall select from the books of the tax receiver upright and intelligent citizens to serve as jurors, and shall write the names of the persons so selected on tickets. They shall select
from these a sufficient number, not exceeding two-fifths of the whole number, of the most experienced, intelligent, and upright citizens to serve as grand jurors, whose names they shall write upon other tickets. The entire number first selected, including thos afterwards selected as grand jurors, shall constitute the body of traverse jurors for the county, to be draWn for service as provided by law, except that when in drawing juries a name which has already been drawn for the same term as a grand juror shall be drawn as a traverse juror, such name shall be returned to the box and another drawn in its stead."

WEDNESDAY, FEBRUARY 11, 1953

SECTION 2.

Section 59~112 of the Code of Georgia of 1933, relating to persons exempt from jury duty, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Section 59-112 to read as follows:

"The following persons shall be exempt from all jury duty, civil and criminal: Ministers of the gospel, engaged regularly in discharging ministerial duties. All physicians (except as provided in section 49-604 and 49-615) and apothecaries in the practice of their professions.

School teachers engaged in teaching school. . Mil!ers .and ferrymen engaged in their occu~ations.

All railroad employees whom the. superintendent of a railroad shall certify to the judge are necessary and are actually engaged in the work of running railroad tr~ins.

All persons over sixty years ()f age.

All nurses engaged in the practice of their profession.

All mothers engaged in the raising of children under si:x;f~en years

~~

.

All telegraph operators.

- Officers an~ members of each fire cornpa~.r t~ the: llurnber of 25,

doing actual duty as firemen, whose names shall be file~ in the office

of the clerk of the superior court by the secretary of such company on

or before the first day of January of,each year.

, '

Clerks connected'with the several St;1te <JeJ?~rtrn~nts at the_ capitol.

Persons employed at the Milledgeville State Hospital.

Persons practing dentistry: Provided, that this exemption. shall not operate to disqualify those dentists who may' wish to serve as jurors.

Regularly licensed pilots, together with one bmitkeeper for each pilot boat, actually engaged in the regular management of their boats.

. Members of the various police. forces and town marshals of the several cities and towns, while so employed on such police forces.

Telegraph line repairers whom the manager or superintendent of the telegraph company shall certify to the court to be line repairers and actually engaged in repairing telegraph lines.

Regularly licensed stationary engineers actually engaged in the regular management. of engines at their ,places of occupation.

Railway postal clerks.

Special pay members of any company of the volunteer forces of thi!i

State, whose certificate of membership, signed by the company corn~

rnander and ~ttested by the first sergeAnt, when _produced in any court,

shall be evidence of the right to the e~ernpt.ion. . . .

..

Licensed embalmers actually engaged in the practice of embalming.
Nothing herein cop.tain,ed .shall be cons~ed to work a disquaiifica., tion of any of the classes named, or to exclude them from the jury box."

498

JOURNAL OF THE HOUSE,

SECTION 3.
Section 59-201 of the Code of Georgia of 1933, relating to the qualifications of grand jurors, is hereby amended by striking the word "male" in the first line, so that said section when so amended shall read as follows:
"All citizens of this State, above the age of 21 years, being neither idiots, lunatics, nor insane, who have resided in the county for six months preceding the time of serving, and who are the most experienced, intelligent, and upright persons, are quhlified and liable to serve as grand jurors, unless exempted by law; provided, however, that county commissioners, tax receivers, tax collectors, members of the county board of education, county school commissioners, ordinaries, and county treasurers shall be incompetent to serve as grand jurors during their respective terms of office."

SECTION 4.
Any woman of this State who does not desire to serve upon juries shall notify in writing the Clerk of the Superior Court of the county in which she resides, and the Clerk shall not place her name upon any jury list.

SECTION 5.
All laws and parts of laws in conflict with this Act are hereby repealed.
An amendment offered by Mr. Tumlin of Bartow was read and lost.

An amendment offered by Messrs. Bell and Holley of Richmond was read and lost.

The following amendment to the substitute to HB 111 was read:
Mr. Gunter of Hall moves to strike Section 4 of HB 111 (Sub) and insert in lieu thereof a new section read as follows: "Section 4. Any woman of this State who does not desire to serve upon juries shall notify the Jury Commissioners of the county in which she resides in writing to that effect, and thereupon the Jury Commissioners shall not place the name of such woman in the jury box for said county."
On the adoption of the amendment, the ayes were 101, nays 21.
The amendment was adopted.

An amendment offered by Mr. Tarpley of Union was read and lost.

An amendment offered by Mr. Lovett of Laurens was ruled out of order by the Speaker.

An amendment offered by Messrs. Bell and Holley of Richmond was ruled out of order by the Speaker.

Mr. Lovett of Laurens moved that the House reconsider its action in adopting the amendment offered by Mr. Gunter of Hall.

WEDNESDAY, FEBRUARY 11, 1953

499

On the motion to reconsider, the ayes were 59, nays 76. The motion to reconsider was lost.

The following amendment to the substitute to HB 111 was read:
Mr. Gardner of Dougherty moves to amend the substitute to HB 111, as amended, by striking Section 4 thereof.
On the adoption of the amendment, the ayes were 54, nays 86.
The amendment was lost.

An amendment offered by Mr. Veal of Putnam was read and lost.

Mr. Veal of Putnam moved that the House reconsider its action in failing to adopt his amendment, and the motion was lost.
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, Mr. Stewart of Echols 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 Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Blackburn Bloodworth Bodenhamer Boggus Brantley Bray Britton Buie Byrd Campbell of Walker Carswell Carter Clark Clary Coffin Coker Conger Coogle Cornelius Cummings Deal Dean of Towns

Deen of Bacon Denton Dews Dunaway Duncan Durham Edwards Floyd Foster Fowler Frier Gilder Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Groover of Troup Gunter Haar Hale Hall Hamilton Harrell Harris Harrison of Jenkins Harrison of Wayne

Hayes Henderson Hicks Hodges Holley Hollis Hurst Ingle Ivey Jessup Johnson Jordan of Gwinnett Kemp Key Land Layton Lewis Lifsey Lokey McGee McKenna McWhorter Matheson Matthews Maudlin Mincy Moore of Pickens Moore of White

600

JOURNAL OF THE HOUSE,

Musgrove Otwell Parker Perkins Potts Rowland Russell Rutland Sheffield Short Smith of Cobb Smith of Emanuel Hoke Smith of Fulton

M. M. Smith of Fulton Stewart
Stocks Strickland . Swindle Tallant Tamplin Tarpley Terrell Twitty Upshaw Ursrey Walker

Wardlow Weems Whitener Wiggins Wilkinson Williams of Bulloch Williams Of Franklin Williams of Tift Willingham Willis Wooten Young

Those voting in the negative were Messrs.:

Adams of Evans
Barrett Bell Best Black Blalock Bolton Brannen Brooks Callier Campbell of Oconee Chastain Cloud Connell Cowart Drinkard Gardner Garrard Geer Gillis Goodson

Green of Rabun Grimsley Groover of Bibb Hale Harper Holloway Hopkins Huddleston Hughes Jackson Jones of Worth Jordan of Wheeler King Lanier Little Lovett McCracken Martin Mishoe Moate Mobley

Moye Murphey of Crawford Murphy of Haralson Murr Nelson Nightingale Peacock Phillips of Walton Raulerson Register Sivell Smiley Stevens of Marion Tarbutton Todd Trapnell Tumlin Veal Watson

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

On the passage of the bill, by substitute, as amended, the ayes were 119, n_~ys 61.

The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Lovett of Laurens gave notice that at the proper time he wouid move that the House reconsider its action in pasr:;ing HB 111.

HB 19. By Messrs. Matheson of Hart, Williams of Franklin, Moses of Montgomery and Campbell of Walker:
A Bill to be entitled an Act to provide for the installation. of heating units in school buses, and for other purposes.
Mr. Hale of Dade moved the previous question, and the call was sustained.
The following Committee s~bstitute to HB 19 was read and adopted:

WEDNESDAY, FEBRUARY 11, 1953

501'

A BILL

To be entitled an Act to provide that any county or city board of education operating, hiring or leasing any motor vehicle used in transporting school children, shall provide heating units for such vehicles; to provide that before a heating unit is installed it must be recommended and approved, either by the county school superintendent or county or city board of education; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR-

GIA AS FOLLOWS:

.

.

SECTION 1.
Any county or city board of .education .oper!lting motor vehicles us.ed in transporting children to and from schools shal~ equ~p all such vehicles with a heating unit that will provide maximulll comfort throughout the vehicle. If any county or city board of education hires or leases a privately-operated motor vehicle to transport school children, the board shall require that said vehicle be equipped with a heating unit as provided in this section.

SECTION 2.
Before ~ny heating unit shall be installed in said lll9tor vehicles, such installation must be approved either by the county school superintendent or by the county or city board of education.

SECTION 3.

All laws and. parts of laws in conflict with this Act are hereby re-

pealed.





An amendment offered by Mr. Mose~ of Montgomerr was withdrawn.

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 116, nays 2.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 92. By Mr. Conger of Decatur:
A Bill to be entitled an Act to declare illegal all combinations which are in restraint of trade, and for other purposes.

The Committee substitute to HB 92 was read.

The following substitute to HB 92, offered by Messrs. Conger of Decatur, Lokey of Fulton was read and adopted:

A BILL
To be entitled an Act to declare all contracts, agreements or combinations having the effect, or intended to have the effect to defeat or

602

JOURNAL OF THE HOUSE,

lessen competition, to restrain trade generally, or to encourage monopoly, to be contrary to public policy and shall be illegal and void; to provide for remedies for damage to a person's business as a result of any such contract, agreement or combination; to provide injunctive powers; and for other purposes.

SECTION 1.
All contracts, agreements or combinations having the effect, or intended to have the effect, to defeat or lessen competition, to restrain trade generally, or to encourage monopoly are declared to be contrary to public policy and shall be illegal and void.

SECTION 2.
Any person, firm or corporation who shall be damaged in his or its business by reason of the existence of any such contract, agreement or combination described in Section 1 of this Act shall have a right of action against any party to such contract, agreement or combination for any such damage shown, and the further right to injunctive relief to prevent continuing damage to said business, whether the party suing is a party to such contract, agreement or combination or not.

SECTION 3.
All laws or parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to, by substitute.

On the passage of the bill, by substitute, Mr. Conger of Decatur moved the ayes and nays, and the call anq sustained.

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

Those voting in the affirmative were Messrs.:

Barber of Jackson Baughman Bell Birdsong Blackburn Blalock Bloodworth Bodenhamer Bolton Brantley Bray Britton Campbell of Oconee Campbell of Walker Clark Cloud Coker Conger Cornelius Cowart

Cummings Deal Dean of Towns Denton Dunaway Durham Edenfield Edwards Floyd Foster
Fowler Gardner Garrard Goodson Graham Green of Baldwin Green of Rabun
Greene of Crisp Greer Groover of Bibb

Groover of Troup Gunter Haar Hall
Hamilton Harrell Harris Hayes Hicks Hodges
Hollis Holloway Hughes Hurst Ingle Ivey
Johnson 'Jones of Worth
Jordan of Gwinnett Kemp

WEDNESDAY, FEBRUARY 11, 1953

503

Key Land Layton Lewis Lifsey Lokey Lovett McKenna Martin Mauldin Mobley Moore of Pickens Moore of White Moye Murphy of Haralson

Murr Musgrove Nightingale Parker Peacock Phillips of Walton Register Rowland Rutland Sheffield Smith of Cobb Stevens of Marion Swindle Tallant Tarbutton

Tarpley Tumlin Upshaw Veal Wardlow Watson Weems Whitener Wiggins Williams of Franklin Williams of Tift Willingham Willis Young

Those voting in negative were Messrs.:

Boggus Brannen Buie Carter Clary Dews Drinkard Duncan Frier Grimsley Harrison of Wayne

Holley Jackson Lanier Little McGee Mincy Moate Murphey of Crawford Nelson Perkins Raulerson

Short Sivell Smiley Hoke Smith of Fulton M. M. Smith of Fulton Tamplin Terrell Todd Trapnell Williams of Bulloch

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

On the passage of the bill, by substitute, the ayes were 104, nays 32.

The bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Edenfield of Mcintosh 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.

504

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 12, 1953.

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 Reverend John W. Harrell, Pastor, Ray- City Baptist Church.

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

Mr. Garrard of Wilkes, 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 J oumal was confirmed.

. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous .consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 of the House were introduced, read the first time, and referred to the Committees:

HB 550. By Messrs. Twitty of Mitchell and Ursrey of Jeff Davis:
A bill to be entitled an Act to provide State control over streets or highways adjacent to State owned property, and for other purposes.
Referred to the Committee on Highways # 1.

HB 551. By Mr. Rowland of Johnson:
A bill to be entitled an Act to provide that in all counties of this State having a population of not less than 9,883 nor more than 9,893, the Boards of County Commissioners shall have the power and authority to pay out of county funds a monthly expense allowance of $100.00 to the Sheriffs of said counties, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.

THURSDAY, FEBRUARY 12, 1953

505

HB 552. By Mr. Brannen of Dooly:
A bill to be entitled. an Act to amend an Act. creating a Board of Commissioners o-f Roads and Revenues for Dooly County, so as to change the compensation of the members of the Board; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 553. By Mr. Holloway of Gilmer:

A biil to be entitled an Act to amend an Act entitled "An Act to incor-

porate and establish the City of Ellijay, in the County of Gilmer, and for

. other purposes.



Referred to the Committee on Municipal Government.

HB 554. By Messrs. Lokey and M. Smith of Fulton:
A bill to be entitled an Act to amend an Act entitled "An Act to authorize and direct the Commissioner or Commissioners of Roads and Revenues or other authority having control of the expenditures of county funds in all'counties having a population of not less than 300,000, to pay to the 'ordinary 'in each such county a salary of $9,000.00 per annum, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 555. By Mr. Raulerson of Pierce:
A bill to be entitled an Act to amend an Act to consolidate and revise the charter of the City of Blackshear; regarding election of officials, and for .other purposes.
Referred to the Committee on Municipal Government.

HB 556. By Messrs. Lokey and M. Smith of Fulton:
A Bill to be entitled an Act to amend the Charter of the To\vn of Pa1metto, and for other purposes.
Referred to the Committee on Municipa] Government.

HB 557. By Messrs. White and Jordan of Gwinnett:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Lawrenceville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 558. By Messrs. White and Jordan of Gwinnett:
A bill to be entitled an Act to amend the Charter of the City of LawrenceVille; to provide that the Mayor and Council may elect a Recorder, and for other purposes.
Referred to the Committee on Municipal Government.

506

JOURNAL OF THE HOUSE,

HB 559. By Mr. Deen of Bacon:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alma; to extend the corporate limits, and for other purposes.
Referred to the Committee on Municipal Government.

HB 560. By Messrs. Geer of Miller, Cummings of Seminole and Durham of Baker:
A bill to be entitled an Act to amend an Act relating to the licensing of non-resident pharmacists, so as to provide that non-resident pharmacists shall be licensed in this State if they have been licensed by another State whose board of Pharmacy is recognized by the National Association of Boards of Pharmacy and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 561. By Mr. Gowen of Glynn:
A bill to be entitled an Act to amend an Act relating to the time and manner of assigning error on the charge or the failure to charge of judges of the Superior Court, so as to provide that in all civil cases exceptions to the judge's charge must be made before the jury retires to consider its verdict; and" for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 562. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers and Consumers Sales and Use Tax Act, which provides for what shall not be included within the meaning of the terms of "sale at retail", "use", "storage", "consumption", etc., and for other purposes.
Referred to the Committee on Ways and Means.

HB 563. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act relating to income taxes and the imposition, rate and computation of such income taxes; providing what shall constitute "doing business" in this State for purposes of income taxation, and for other purposes.
Referred to the Committee on Ways and Means.

HB 564. By Messrs. McGee and Haar of Chatham:
A Bill to be entitled an Act to .amend an Act known as the Hospital Authorities Law by providing that where the construction or operation of a hospital is sponsored by a county, a municipality located in such county may contract with such hospital authority for the care of indigent sick and injured people residing within said municipality. and such contract shall be binding upon such municipality not longer than thirty years, and for other purposes.
Referred to the Committee on Municipal Government.

THURSDAY, FEBRUARY 12, 1953

507

HB 565. By Mr. Duncan of Carroll: A Bill to be entitled an Act to amend an Act entitled "An Act to amend, revise, consolidate and supersede the Acts incorporating the Town of Bowden, and for other purposes.
Referred to the Committee on Municipal Government.
HB 566. By Mr. Duncan of Carroll: A bill to be entitled an Act to amend an Act relating to taxation by municipal corporations, so as to provide that the Town of Bowden shall not be affected by the provisions of this section; and for other purposes.
Referred to the Committee on Municipal Government.
HB 567. By Messrs. Perkins and Duncan of Carroll: A bill to be entitled an Act to change the compensation of the Tax Commissioner of Carroll County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 568. By Messrs. Perkins and Duncan of Carroll: A bill to be entitled an Act to change the compensation of the Judge of the City Court of Carrollton, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 569. By Mr. Duncan of Carroll: A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act incorporating the City of Carrollton, and for other purposes.
Referred to the Committee on Municipal Government.

HB 570. By Mr. Duncan of Carroll:
A bill to be entitled an Act to amend an Act creating a Charter for the City of Carrollton, and for other purposes.
Referred to the Committee on Municipal Government.

HR 157-570a. By Messrs. Hale of Dade, Coker and Campbell of Walker:
A Resolution to change the name of State Park located in Dade and Walker Counties, Georgia, now known as Sitton's Gulch State Park, and for other purposes.
Referred to the Committee on Public Property.

HR 158-570b. By Messrs. Perkins and Duncan of Carroll:
A Resolution authorizing the establishment of a State Park on certain lands in Carroll County, and for other purposes.
Referred to the Committee on Public Property.

sos

JOURNAL OF THE HOUSE,

HB 571. By Messrs. Willingham, Bentley and Smith of Cobb:
A bill to be entitled an Act to amend an Act to create a new charter for the City of Marietta; to exclude the payment of examination fees for applicants under Civil Service; etc., and for other purposes.
Referred to the Committee on Municipal Government.

HB 572. By Messrs. Stewart of Echols and Greer of Lanier:
A bill to be entitled an Act to amend an: Act which defines the jurisdiction of the Public Service Commission, so as to provide that the Public Service Commission shall have jurisdiction and authority to prescribe and enforce reasonable rules and regulations relating to safety, health and welfare of railroad trainmen, and for other purposes.
Referred to the Committee on Industrial Relations.

HB 573. By Messrs. Harris, Groover and McKenna of Bibb: A Bill to be entitled an Act to amend an Act to establish the City Court of Macon; to provide for the appointment of a Judge and other officers thereof, and for other purposes.
Referred to the Committee on Counties and Co.unty Matters.
Mr. Lavender of Elbert 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 imd has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 467. Do Pass. HB 480. Do Pass. HB 485. Do Pass. HB 477. Do Pass. HB 494. Do Pass. HB 492. Do Pass. HB 491. Do Pass. HB 483. Do Pass. HB 482. Do Pass. HB 479. Do Pass. HB 514. Do Pass. HB 507. Do Pass. HB 506. Do Pass. HB 465. Do Pass. HB 499. Do Pass.

THURSDAY, FEBRUARY 12, 1953

509

HB 423. Do Pass.

HB 413. Do Pass.

HB 415. Do Pass, as Amended.

SB 65. Do Pass.

SB 42. Do Pass, by Substitute.

SB 48. Do Pass.

SB 47. Do Pass.

SB 52. Do Pass.

SB 68. Do Pass.

SB 87. Do Pass.

SB 88. Do Pass.

Respectfully submitted, Lavender of Elbert, Chairman.

Mr. Edenfield of Mcintosh County, Chairman of the Committee on Game and Fish submitted the following report:

Mr. Speaker:

Your Committee ori 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 151-633b. Do Pass.

Respectfully submitted, Edenfield of Mcintosh, Chairman.

Mr. Hollis of Muscogee 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 210. Do Pass. HB 445. Do Pass. HB 487. Do Pass, as Amended. SB 65. Do Pass.
Respectfully submitted, Hollis of Muscogee, Chairman.

510

JOURNAL OF THE HOUSE,

Mr. Willingham of Cobb 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 recommendation:
HB 493. Do Pass.
Respectfully submitted,
Willingham of Cobb,
Chairman.

Mr. Williams of Bulloch County, Chairman of the Committee on Hygiene and Sanitation, submitted the following repert:
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 s.ame back to the House with the following recommendation:
HB 380. Do Pass.
Respectfully submitted,
Williams of Bulloch,
Chairman.

Mr. Birdsong of Troup 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 be as Chairman, to report the same back to the House with the following recommendation:
HB 484. Do Pass.
Respectfully submitted,
Birdsong of Troup,
Chairman.

Mr. J. Mercer Wooten of Randolph 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 Resolution of the House and has instructed me as Chairman, to report

THURSDAY, FEBRUARY 12, 1953

511

the same back to the House with the following recommendation: HR 109-337m. Do Not Pass. Respectfully submitted, Wooten of Randolph, Chairman.

Mr. Blalock of Coweta County, Chairman of the Committee on Public Property, submitted the following report:
Mr. Speaker: Your Committee on Public Property has had under consideration the follow-
ing 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 11. Do Pass. HR 153-533d. Do Pass. HR 142-467a. Do Pass. HR 112-362a. Do Pass. HR 147-515d. Do Pass. HR 139-439c. Do Pass. HR 111-337o. Do Pass.
Respectfully submitted, Blalock of Coweta, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic 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 237. Do Pass, as Amended.
HR 149-516a. Do Pass, as Amended.
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 House and Senate to wit:

512

JOURNAL OF THE HOUSE,

SB 86. By Senators Stoddard of the 50th and Carlisle of the 51st:
A bill to amend the Teachers' Retirement System so as to provide for reinstatement of membership upon payment of a certain sum; to provide for the procedure connected therewith; and for other purposes.

SB 92. By Senators Dean of the 34th and Callaway of the 35th:
A bill to provide that the salary of each of the Judges of the Superior Court of Stone Mountain Circuit shall be supplemented by the counties of the circuit in the sum of $1,200.00 each per annum; and for other purposes.
SB 93. By Senator Hall of the 15th:
A bill to provide for supplementing the fees of the tax collector and. tax receiver of Toombs County; and for other purposes.

SB 98. By Senator Millican of the 52nd:
A bill to provide that the governing authorities of Fulton County may adopt rules and regulations covering health and sanitation in Fulton County; and for other purposes.

SB 99. By Senator Millican of the 52nd:
A bill to amend the act approved February 21, 1951, limiting a county having a population of 300,000 or more from using convict labor, county property or other county fund.& for building or maintaining roads so as to provide the counties may furnish labor and equipment not to exceed one-half of the cost of the construction of roads in cities and towns of not more than 5,000 population; and for other purposes.

SB 102. By Senato:r; Millican of the 52nd:
A bill to amend the act providing for retirement benefits and pensions to Fulton County employees so as to provide that any person terminating his employment with the City of Atlanta in 1952 to become employed by Fulton County shall be entitled to credit for certain years of service; and for other purposes.

SB 103. By Senator Millican of the 52nd:
A bill to amend an act which provides for the performance of health functions and the supplying of health services in municipalities of 300,000 or more by the counties having such municipalities wholly or partly in its limits so as to provide that rules, regulations or orders of the board of health shall be enacted by the commissioners of roads and revenues; and for other purposes.

SB 104. By Senator Millican of the 52nd:
A bill to provide that commissioners of roads and revenues of Fulton County shall have authority to adopt rules and regulations for the regulation and inspection, electrical installations, plumbing and other construction; and for other purposes.

THURSDAY, FEBRUARY 12, 1953

513

SB 105. By Senator Millican of the 52nd:
A bill to provide that if a fire station is desired in any part of the unincorporated areas of Fulton County the commissioners shall construct. such fire station in a fire district upon petition of 51 percent of owners of improved real estate located in the proposed fire district; to provide for the use of any funds unused which were derived from the sale of any bonds available for fire protection; to provide for the levy of tax on all property located within such fire district; and for other purposes.

SB 106. By Senator Millican of the 52nd:
A bill to amend the act authorizing the commissioners of Fulton County to provide group insurance for county employees so as to provide for partial payments of the premium by such county employees; to provide that employees shall pay 70 (seventy cents) per month per thousand dollars and any excess above this amount to be paid by Fulton County; and for other purposes.
SB 107. By Senator Millican of the 52nd:
A bill to amend an act providing that counties having a population of 200,000 or more shall furnish aid and pensions to regular members of the county police department so as to provide that if the Director of Public Safety of such county elects to retire within 30 days from date of approval of this amendment, he shall receive the same pension as he would receive had he retired with the same number of years of service as Chief of Police; and for other purposes.
SB 108. By Senator Millican of the 52nd:
A bill to amend the act creating a civil service board in Fulton County so as to provide that members of the board shall receive $15.00 per diem for time actually devoted to the board but not to exceed 36 days of service in any one year; to provide that the personal secretary and special bailiff or law clerk of the judges of the superior and criminal courts of Fulton County shall not be in the classified service except in the discretion of the judge; and for other purposes.
SB 109. By Senator Millican of the 52nd:
A bill to amend the act providing retirement pay to teachers and employees of the board of education of Fulton County to provide that any employee of the City of Atlanta who terminated his employment with the City in 1952 to become employed by the Fulton County Board of Education is entitled to credit with the Fulton County School pension plan for all years of service _heretofore rendered; to provide for payment of all contributions and matching funds from the city pension board of Atlanta to the Fulton County school pension fund; and for other purposes.
HB 16. By Mr. Lovett of Laurens:
A bill to provide that the State Board of Education may hold meetings anywhere within or without this State; to provide that members may travel on Board business within or without this State; and for other purposes.

514

JOURNAL OF THE HOUSE,

HB 25. By Messrs. Murphy of Haralson and Smith of Cobb:
A bill to amend an Act relating to the registration of posted lands by the Ordinary, so as to permit the lessee of land or the lessee of the game rights on the land to register the posted lands; and for other purposes.

HB 44. By Messrs. Lavender of Elbert, Wiggins of Stephens, and others:
A bill to amend an Act for the purpose of establishing necessary qualifications of applicants for registration to practice Optometry after examination and of designating the subjects in which said applicants shall be examined; and for other purposes.

HB 97. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and McCracken of Jefferson and Key of Jasper:
A bill to amend an Act creating the Franklin D. Roosevelt Warm Springs Memorial Commission so as to increase the powers of said Commission, etc.; and for other purposes.

HB 103. By Messrs. Matheson of Hart, Freeman of Monroe, Bentley of Cobb, Hicks of Floyd, Wardlow of Turner, Phillips of Walton and others:
A bill to provide that any agency of the State or any county official shall furnish veterans, or dependents of deceased veterans, copies or evidence of marital, birth, divorce or death status without cost, if said copies or other evidence is to be used in Veterans Administration Disability or death Claims; and for other purposes.

HB 104. By Messrs. Hand and Twitty of Mitchell and Smith of Emanuel:
A bill to amend an Act relating to conditions of contractors' bonds, and County's liability for injuries caused by defective bridges; and for other purposes.

HB 123. By Messrs. Jordan and White of Gwinnett:
A bill to amend an Act entitled "An Act to create a new judicial circuit; to provide a judge and solicitor general for said circuit; to amend an Act to abolish the fee system now existing in the Superior Courts of the Western Judicial Circuits; and for other purposes.

HB 197. By Messrs. Williams of Bulloch and Lanier of Candler:
A bill to amend an Act providing a complete and comprehensive Vital Statistics Law of Georgia; and for other purposes.

HB 249. By Mr. Garrard of Wilkes and others:
A bill to amend an Act entitled the "Rural Telephone Cooperative Act"; and for other purposes.

HB 344. By Mr. Black of Webster:
A bill to provide that the Sheriff of Webster County shall receive fifty dollars per month in addition to all fees and compensation; and for other purposes.

THURSDAY, FEBRUARY 12, 1953

515

HB 348. By Mr. Black of Webster:

A bill to provide that the Clerk of the Superior Court of Webster County

shall receive fifty dollars per month in addition to all fees and compen-

sation; and for other purposes.



HB 350. By Mr. Black of Webster:
A bill to provide the Ordinary of Webster County shall receive fifty dollars per month in addition to all fees and compensation; and for other purposes.

HB 351. By Mr. Ray of Warren:
A bill to abolish the offices of Tax Collector and Tax Receiver of Warren County; and for other purposes.

HB 352. By Mr. Drinkard of Lincoln:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Lincoln County; and for other purposes.

HB 363. By Messrs. Graham, Bell and Holley of Richmond:
A bill to amend an Act so as to increase the salary of the Court Reporter of the Superior Court of Richmond County; and for other purposes.

HB 364. By Messrs. Bell, Graham and Holley of Richmond:
A bill to amend an Act so as to increase the salary of the Court Reporter of the City Court of Richmond County; and for other purposes.

HB 369. By Messrs. Graham, Bell and Holley of Richmond:
A bill to amend an Act so as to increase the salary of the Solicitor General of Richmond County; and for other purposes.

HB 370. By ~essrs. Bell, Graham and Holley of Richmond:
A bill to amend an Act so as to increase the salary of the Assistant Solicitor General of Richmond County; and for other purposes.

HB 371. By Messrs. Graham, Holley and Bell of Richmond:
A bill authorizing Richmond County to levy assessments for paving sidewalks and curbing in certain sub-divisions; and for other purposes.

HB 372. By Messrs. Haar, McGee and Sipple of Chatham:
A bill to amend an Act to authorize and empower the Commissioners of Chatham County and Ex- Officio Judges thereof to create a Pension Board; and for other purposes.

HB 377. By Messrs. Hicks, Hall and Scoggin of Floyd: A bill to amend an Act changing certain county officers in counties of a

516

JOURNAL OF THE HOUSE,

certain population from the fee to the salary system; and for other purposes.

HB 382. By Mr. Deal of Bryan:
A bill to amend an Act creating and establishing the City Court of Pembroke; and for other purposes.

HB 384. By Mr. Layton of Irwin:
A bill to abolish the office of Tax Receiver and Tax Collector of Irwin County; and for other purposes.

HB 387. By Mr. Peacock of Dodge:
A bill to amend an Act creating the City Court of Eastman; and for other purposes.

HB 404. By Mr. Tarpley of Union:
A bill to amend an Act entitled "An Act to abolish the office of Tax Collector and Tax Receiver in Union County; and for other purposes.

HR 7. By Mr. Dean of Towns:
A Resolution authorizing the Governor and Director of State Parks to negotiate with the proper officials of the Tennessee Valley Authority in the procuring of title or lease of property in the Chatuge Lake Area to the State of Georgia; 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 and resolutions of the House to wit:
. HB 141. By Mr. Ingle of Murray: A Bill to be entitled an Act to amend an Act creating a charter for the City of Chatsworth; and for other purposes.
HB 343. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act which abolishes the office of Tax Receiver and Tax Collector of Webster County; and for other purposes.
HB 345. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act which abolished the office of Tax Receiver and Tax Collector of Webster County; and for other purposes.
HB 346. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act which created the office of

THURSDAY, FEBRUARY 12, 1953

517

Commissioner of Roads and Revenue of the County of Webster, so as to raise the compensation of said Commissioner; 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 210. By Mr. Deal of Bryan:
A Bill to be entitled an Act to amend Section 113-607 of the Code of Georgia relating to the giving of notice of a petition to probate a will in solemn form, and for other purposes.

HB 237. By Messrs. Harrison of Wayne, Mincy and Frier of Ware, and Moate of Hancock.
A Bill to be entitled an Act to amend Section 27-2512 through 27-2515 of the Code of Georgia so as to substitute the lethal gas chamber for the electric chair in executing the death sentence, and for other purposes.

HB 413. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to amend an Act so as to authorize the employment of a clerk by Commissioners of Roads and Revenues of Spalding County, and for other purposes.

HB 423. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Commissioners of Roads and Revenues of Ben Hill County, and for other purposes.

HB 445. By Mr. Deal of Bryan:
A Bill to be entitled an Act to amend Section 24-2101 of the Code of Georgia relating to the time and place for holding the Courts of Ordinary in this State, and for other purposes.

HB 465. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act so as to provide that at each term of the Superior Court of Johnson County there shall be two weeks to dispose of court business, and for other purposes.

HB 467. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to amend an Act so as to provide for the appointment of an advisory board to the Commissioner of Roads and Revenues of Clayton County, and for other purposes.

HB 477. By Mr. Baughman of Early: 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 Blakely, and for other purposes.
HB 479. By Mr. Bloodworth of Houston: A Bill to be entitled an Act to amend an Act so as to increase the salary

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of the members of the Board of County Commissioners of Houston County, and for other purposes.

HB 480. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to provide that the Tax Receiver of Houston County shall receive a commission on ad valorem school tax collections, and for other purposes.
HB 482. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to fix the compensation of the advisors to the Commissioner of Roads and Revenues of Rockdale County, and for other purposes.
HB 483. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to fix the salary of the County Attorney of Rockdale County, and for other purposes.

HB 484. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to require the results of all referendum elections to be certified to the Secretary of State, and for other purposes.

HB 485. By Messrs. H. Smith, M. Smith, and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act providing for the retirement of the Judges and the Solicitor-General of the Criminal Court of Fulton County, and for other purposes.

HB 487. By Messrs. Gardner of Dougherty, Hollis of Muscogee, and Tarpley of Unipn:
A Bill to be entitled an Act to provide for the appointment of Medical Examiners to perform post mortem examinations, and for other purposes.

HB 491. By Mr. Mishoe of Tattnall:
A Bill to be entitled an Act to amend an Act so as to supplement the compensation of the Ordinary of Tattnall County, and for other purposes.

HB 492. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act so as to change the compensation of members of the Board of Commissioners of Roads and Revenues of Emanuel County, and for other purposes.

HB 493. By Messrs. Campbell of Walker, Willingham of Cobb and others:
A Bill to be entitled an Act to amend Section 49-203 of the Code of Georgia relating to sales by guardians of the property of their wards for reinvestment, and for other purposes.

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519

HB 494. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Bainbridge Fire Department to protect property in Decatur County, and for other purposes.

HB 499. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to provide for the payment of a salary to the Deputy Clerk of the Superior Court of McDuffie County, and for other purposes.

HB 506. By Messrs. Willingham, Bentley, and Smith of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide for certiorari from the Board of Zoning Appeals of Cobb County, and for other purposes.

HB 507. By Messrs. Willingham, Smith, and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act so as to change the provisions relating to the employment of certain persons by the Commissioner of Roads and Revenues of Cobb County, and for other purposes.

HB 514. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to provide for the employment of tax experts for Wayne County, and for other purposes.

HR 111-3370. By Mr. Hodges of Butts:
A Resolution authorizing the conveyance of certain property in Butts County, and for other purposes.

HR 112-362a. By Mr. Ingle of Murray:
A Resolution authorizing the conveyance of certain property in Murray County, and for other purposes.

HR 142-467a. By Mr. Moore of White:
A Resolution designating the state park in White County as the "Unicoi State Park", and for other purposes.

HR 147-515d. By Mr. Greer of Lanier:
A Resolution authorizing the sale of certain shares of stock in the Southern and Atlantic Telephone Company, and for other purposes.

HR 149-516a. By Mr. M. Smith of Fulton:
A Resolution establishing a commission to investigate the retirement system affecting State officers and employees, and for other purposes.

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HR 151-533b. By Messrs. Perkins of Carroll and Potts of Coweta:
A Resolution providing for the appointment of a commission to investigate the subject of stream pollution, and for other purposes.

HR 153-533d. By Mr. Sheffield of Brooks:
A Resolution authorizing the deeding of a certain tract of land to Brooks County, and for other purposes.

SB 42. By Senator Blitch of the 5th:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Chairman of the Board of Commissioners of Roads and Revenues for Clinch County, and for other purposes.

SB 47. By Senator Walker of the 45th:
A Bill to be entitled an Act to amend an Act so as to consolidate the offices of Tax Receiver and Tax Collector of Telfair County into the office of Tax Commissioner, and for other purposes.

SB 48. By Senator Walker of the 45th:
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 Telfair County, and for other purposes.

SB 52. By Senator Hall of the 9th:
A Bill to be entitled an Act to amend an Act so as to provide for the election of members of the Board of Commissioners of Roads and Revenues of Baker County by the voters from their respective districts, and for other purposes.

SB 55. By Senator Jordan of the 25th:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Tax Commissioner of Talbot County, and for other purposes.

SB 65. By Senators Stoddard of the 50th and Campbell of the 21st:
A Bill to be entitled an Act to provide that no damages can be sought by a person seeking refuge during an attack under certain conditions, and for other purposes.

SB 68. By Senator Hendrix of the 3rd:
A Bill to be entitled an Act to amend an Act so as to fix the salary of Clerk of the Board of Commissioners of Roads and Revenues of Long County, and for other purposes.

SB 87. By Senator Singleton of the 24th:
A Bill to be entitled an Act to amend an Act so as to increase the supplemental compensation of the Sheriff of Marion County, and for other purposes.

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521

SB 88. By Senator Singleton of the 24th:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Treasurer of Marion County, and for other purposes.

SR 11. By Senator Jordan of the 25th:
A Resolution authorizing negotiation for certain lands in Harris County for state park purposes, 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 415. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act creating the Griffin-Spalding County School System, and for other purposes.

The following Committee amendment to HB 415 was read and adopted:
The Committee on Counties and County Matters moves to amend HB 415 by:
Striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows :
"Section 5. All candidates for election as members of the GriffinSpalding County Board of Education shall qualify by filing written notice of their candidacy with the Commissioners of Roads and Revenues of the County of Spalding or with the Commissioners of the City of Griffin, all such candidates from city districts to file with the Commissioners of said City, and all such candidates from county districts to file with the Commissioners of Roads and Revenues of said County. Beginning sixty days prior to the date upon which the election of Board members is to be held, and for a period of twenty days thereafter, such notices may be filed. In the event that at the end of said twenty-day period no person has qualified as a candidate from any one or more of the ten districts herein created, any qualified person in that portion of Spalding County lying outside the City of Griffin, with respect to the five county districts, and any qualified person living in the City of Griffin, with respect to the five city districts, may qualify for election as a candidate from that district or districts for which no notice of candidacy has been filed, if such qualification is made within a period of ten days from the end of the said twenty-day period. No one may qualify after such ten-day period has past.", and
Inserting between the word "on" and the word "Tuesday" in the second sentence of Section 6 the words "the first", and
Striking the word "school" in the last sentence of Section 10., and
Inserting after the word "be" and before the word "same" in Section 12, the word "the", and
Striking Section 14 in its entirety and inserting in lieu thereof a Section 14 to read as follows:
"Section 14. All contracts, bonds and other evidence of indebtedness entered into or issued or incurred by said Board shall be signed on behalf of the Board by the Chairman (and in his absence by the Vice-Chair-

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man) and attested by the Secretary, or any other officer designated by the Board; except that contracts with teachers and other personnel shall, when so authorized by the Board, be executed by the Superintendent of Education alone, and that contracts for supplies, labor and repairs may be made on behalf of the Board by the Superintendent alone where the expenditure involved for any one commitment does not exceed such amount as may from time to time be fixed by the Board.", and Adding at the end of Section 22 the following:
"Provided, however, that no such public notice shall be given when the property involved is personal property."

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.

SR 8. By Senator Jordan of the 25th:
A Resolution requesting the State Librarian to furnish certain law books to the Superior Court of Talbot 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.

HR 99-337c. By Mr. Wardlow of Turner:
A Resolution requesting the State Librarian to furnish certain law books to the Clerk of the Superior Court of Turner 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.
The resolution, having received the requisite constitutional majority, was adopted.
HR 114-362c. By Mr. Murphy of Haralson:
A Resolution requesting the State Librarian to furnish certain law books to the Ordinary of Haralson County, and for other purposes.

The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 106, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

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523

HR 119-362h. "By Messrs. Lokey, H. Smith, and M. Smith of Fulton: A Resolution requesting the State Librarian to furnish certain law books to the Criminal Court of Fulton 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 107, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
HR 121-374a. By Mr. Tarpley of Union: A Resolution requesting the State Librarian to furnish certain law books to the Clerk of the Superior Court of Union County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 108, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
HR 129-420a. By Mr. Blackburn of Habersham: A Resolution requesting the State Librarian to furnish certain law books to the Clerk of the Superior Court of 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 109, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 134-427a. By Mr. Barrett of Pike:
A Resolution requesting the State Librarian to furnish certain law books to the Ordinary of Pike 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 135-433a. By Mr. Tamplin of Morgan: A Resolution requesting the State Librarian to furnish certain law books

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.

to the Clerk of the Superior Court of Morgan 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 148-515e. By Mr. Coogle of Macon:
A Resolution requesting the State Librarian to furnish certain law books to the Clerk of the Superior Court of Macon County, and for other purposes.

The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 112, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 424. By Mr. Holloway of Gilmer:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Ellijay, and for other purposes.

The following Committee substitute to HB 424 was read and adopted:

A BILL
To be entitled an Act to amend an Act entitled "An Act to incorporate and establish the City of Ellijay in the County of Gilmer; to declare the rights, powers, and privileges of said corporation, and for other purposes.", approved August 14, 1909 (Ga. Laws 1909, p. 844), as amended, especially as amended by Acts approved August 2, 1927 (Ga. Laws 1927, p.1110), and March 27,1941 (Ga. Laws 1941, p.1417), so as to change the salaries of the mayor and aldermen; to provide for a recorder for the City of Ellijay and prescribe his election, powers and duties; to provide for a referendum to the people of the City of Ellijay; 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 incorporate and establish the City of Ellijay in the County of Gilmer; to declare the rights, powers, and privileges of said corporation, and for other purposes.", approved August 14, 1909 (Ga. Laws 1909, p. 844)), as amended, especially as amended by Acts approved August 2, 1927 (Ga. Laws 1927, p. 1110), and March 27, 1941 (Ga. Laws 1941, p. 1417), is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5, which shall read as follows:

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525

"Section 5. The mayor and aldermen of the City of Ellijay shall be elected by the qualified voters of said city at an election to be held biennually on the second Monday of December. The present mayor and aldermen shall continue in office for the terms for which they have been elected and until their successgrs in office are elected and qualified. The mayor and aldermen shall be elected on the second Monday of December, 1953, and shall be elected for a term of two years. They shall enter upon their duties on the first day of January, 1954. The mayor shall receive a salary of not more than three hundred sixty dollars ($360.00) nor less than three hundred dollars ($300.00) per annum. The board of aldermen shall, at the regular meeting of their body in the month of November preceding the municipal election for mayor and aldermen, fix the salary of the next succeeding mayor, and his salary shall not be changed during his term of office.
"The mayor shall preside over all meetings of the board of aldermen but shall not vote therein except in elections and impeachment proceedings. He shall call meetings of the board of aldermen whenever he may deem it necessary; provided, that he shall be required to call a meeting of said board whenever three aldermen make a request in writing.
"The mayor shall oversee all functions of the executive officers, employees or servants of the city, and in case of misconduct or neglect of duty on the part of any such officers or employees, he shall have the power to suspend him, pending investigation by the board of aldermen.
Section 2. Said Act, as amended, is further amended by striking from line three of Section 7 the word "twelve" and inserting in lieu thereof the words "one hundred fifty", so that said section as amended shall read as follows:
"Sec. 7. Be it enacted, That Board of Council shall have the right to fix such salaries for the aldermen as it shall see fit, not to exceed the sum of one hundred fifty dollars each per annum, which salary shall not be increased or diminished during their continuance in office. Said salaries to be fixed at a regular meeting in the month of November preceding each regular election. The board of council shall be further authorized to employ such help as may be necessary to the proper conduct of the several city enterprises, and who shall receive such compensation as may be fixed by the board of council, who shall be subject to removal without notice, and to employ and appoint such other officers as may be hereinafter provided, or as the city council may see fit."
Section 3. Said Act, as amended, is further amended by striking Section 19 in its entirety and inserting in lieu thereof a new Section 19 which shall read as follows :
Sec. 19. The mayor and aldermen shall have power and authority to elect a city recorder, who shall serve at the will of the mayor and aldermen. The recorder shall be paid a salary of not less than twenty-five dollars nor more than one hundred dollars per month, to be fixed by the mayor and aldermen. The recorder shall preside over the police court of the City of Ellijay and in the event of a vacancy in his office or absense or disability of such recorder, the mayor, mayor pro tern, or any alderman designated by the mayor

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may act as city recorder and may be clothed with all the duties and powers of said recorder. The recorder's court shall be held at the pleasure of the presiding officer or at su_ch times as fixed by ordinance.
" (1) Said police court shall have authority and jurisdiction to try and push all offenders against the laws or ordinances of the City of Ellijay, committed within the corporate limits thereof and to punish for the violation of such laws and ordinances by inflicting such punishment as may be prescribed by ordinance under the authority hereinafter provided. When there is no justice of the peace or ex-officio justice having an office in the city or when such officers are absent from the city, the jurisdiction of said court shall extend to the investigation of any offense against the penal laws of the State, when such offense is alleged as having been committed within the city; provided, such charges shall have been entered upon the docket of said court, and in all such cases the officers of said court shall be entitled to receive and collect the same cost as are allowed to the justice of the peace and constables for like service.
"(2) The presiding officer of said court shall have the power to impose fines and inflict punishment for the violation of valid laws and ordinances of the City of Ellijay within the limits prescribed by law, and the presiding officer shall also have the same power as judges of Superior Courts of this State, to punish for contempt by a fine not to exceed ten dollars, and imprisonment in the city prison of Gilmer county jail, not to exceed ten days, either or both of said punishments in the discretion of the court; and said punishment may be imposed in the alternative. Said presiding officer of said court shall also have authority to commit and bind over persons on trial before him for violations of city laws and ordinances, whenever it shall develop on a trial that a State law has been violated.
"(3) The presiding officer of said court shall have authority to administer oaths whenever necessary in the conduct of any investigation before him. The mayor shall have authority to administer any oath required by this Act, or by the ordinances of the city.
" (4) Said police court shall be a court of record, and there shall be kept a docket on which shall be entered the names of all accused persons, in charge, the name of the informer or prosecutor, and the sentence of the court of judgment. In each case where a violation of a city ordinance is charged it shall be the duty of the officer making the arrest to prefer charges in writing, setting forth the offense charged, in substantially the following form: '1, (marshal or policeman, as the case may be) of the City of Ellijay in the name and behalf of the citizens in said city, charge and accuse __ ------------------------------- __________with the offense of______________________________ , for that said _______________ ________________, in said city on the ____________ day of
________________________, did, ---------------------------------------- contrary to the laws of said city, the good order, peace and dignity thereof,' which accusation shall be signed by the officer preferring same, and with the docket entry shall be sufficient authority for holding the accused person until final trial. A copy of said accusation shall be furnished to the accused at least six hours before trial, unless copy is waived by him. An accusation stating the nature of the charge substan-

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527

tially in the language of the ordinance claimed to have been violated shall be held to be sufficient, but in case any accusation shall be drawn instanta, and the defendant shall be required to plead thereto. All accused persons shall have the right to cross-examine witnesses, to introduce evidence in their own behalf and to be represented by counsel; provided, it shall not be necessary to appoint counsel to defend persons who cannot employ same. The rules of evidence applicable to trials in the State courts shall apply to said police court.
" (5) Said court shall have the power to compel the attendance of witnesses in all proceedings, and of persons charged with offenses, by subpoena, or summons issued by the city clerk or the presiding officer of said court, and bearing test in the name of the mayor, or may require of either witnesses or defendants, bonds for their appearance. A process of said court shall be served by the marshal or any police officer of said city, and disobedience thereto shall be contempt. Said court shall have power and authority to issue attachments for contempt, and all other processes necessary to carry into effect its lawful judgment and order.
" (6) The ministerial officers of said court shall be the marshal and policemen of said city, to whom in the alternative all process shall be directed.
"(7) The right of certiorari from the judgments of the said court shall exist in all cases, and shall be exercised under the provisions of the laws of the State of Georgia in such cases made and provided.
"(8) The said court shall have power and authority to forfeit any bond for the appearance of any defendant or witness; provided, that ten days shall always elapse between the service of the scire facias, and the final judgment upon such forfeiture (except in case of cash bonds), same shall always be made returnable to a regular session of said court. In case of cash bonds, they may be forfeited by said court without notice, but in such case, if the principal shall appear within two weeks for trial, the presiding officer of said court shall order such bond refunded, if said defendant shall satisfactorily show that his absence was caused by sickness or other unavoidable reasons. No ordinance shall be necessary to carry into effect the foregoing provisions; the presiding officer of said court shall frame all process in proceedings of this character, following, as nearly as may be practical, the forms and practice of the State courts.
"(9) No person shall be tried for any offense against the ordinances of said city unless the prosecution shall be commenced within twelve months from the date of the alleged offense; provided, that if the offender, or the offense is unknown, or the offender shall conceal himself or abscond from the city, such time shall not be computed as a part of such limitation.
"(10) All fines and forfeitures in said police court shall be paid into the treasury immediately upon being collected, and may be expended and appropriated as other funds of the city. No officer shall have claim upon said funds for insolvent costs.

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"(11) In the event of the forfeiture of any bond, it shall not be necessary to serve the principal therein, unless he can be found in the City of Ellijay. Service upon any surety out of said city may be made and perfected by any sheriff or deputy sheriff of said State, who are required to serve such process, and if the residence of such surety be known, the court may order service by publication in the newspaper in which the marshal's advertisements are published, once a week for two weeks, being sufficient. The said court shall have power to force the collection of any money, judgment or fine by execution directed to the marshal and policeman of said city and the sheriffs and deputy sheriffs of said State, and otherwise substantially in the form of county court executions.
"(12) The city clerk shall be clerk of said police court, and shall issue and sign any and all process not specifically required to be signed by the presiding officer, all of which bear test in the name of the mayor.
"(13) Persons sentenced to labor by said police court shall be compelled to work at labor on the streets, sidewalks or other public work of said city, under the direction and control of the officer in charge of such work. The board of council may make and establish all necessary and reasonable rules and regulations governing the city chaingang, and may, if desired, lease any such convicts to the County of Gilmer, or to private persons in said county, the proceeds to be applied to working the streets of said city; provided, that no such convict shall be required to work out of Gilmer County, and the city authorities shall at all times retain and exercise such control over leased con..-icts as may be necessary to insure their proper and humane treatment.
"(14) The said police court may enforce the collection of any fine by execution, or by imprisonment, or by alternative sentence, in the discretion of the presiding officer.
"(15) The marshal and other police officers of said city shall have the power and authority to arrest without warrants, persons accused of violations of the city laws and ordinances, where such offenses are committed in the presence of the arresting officer, or the accused persons is endeavoring to escape or a warrant cannot procure in a reasonable time. In all other cases, application shall be made to either the mayor or the mayor pro tern for a warrant which shall be issued in accordance with such valid ordinances as may be passed by the board of council relating thereto. The marshal or other arresting officer shall require of such accused person a good and sufficient bond, conditioned for his appearance at the next session of said police court, to answer the charge brought against him, but in cases not involving a breach of the peace, or a possible violation of a State law, the marshal may, in his discretion, release the defendant upon his own recognizance, in which event a verbal summons shall be sufficient to require and compel the attendance of said defendant."
Section 4. Not less than twenty nor more than thirty days after the' date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Gilmer County to issue the call for an election for the purpose of submitting this Act to the voters of the City of Ellijay, Georgia, for approval or rejection.

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529

The date of the election shall be set and held not less than thirty nor more than sixty days from the date of the issuance of such call. The date and purpose of this election shall be published once a week for two weeks prior to the date thereof in the official organ of Gilmer County. The ballot shall have printed thereon the words:
"For approval of the Act providing for changing the salaries of the Mayor and Aldermen; to provide for the election by the Mayor and Aldermen of a City Recorder, and provide his salary and duties.
"Against approval of the Act providing for changing the salaries of the Mayor and Aldermen; to provide for the election by the Mayor and Aldermen of a City Recorder, and provide his salary and duties."
Those persons voting in favor of the Act shall vote for approval, and those voting for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If a majority of those persons voting vote against approval of the Act, then it shall be void and of no force and effect. The exp~se of such election shall be borne by the City of Ellijay. It shall be the duty of the Ordinary to canvass the returns and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that I will introduce a local bill in the 1953
regular session of the General Assembly of Georgia, amending the charter of the City of Ellijay, Georgia, so as to provide for extending the city limits of said City of Ellijay a south direction sufficient distance to incorporate that area in which the new high school and new hospital are to be built; also providing authority for a City Recorder for the City of Ellijay; also providing for an increase in compensation for the Mayor and Aldermen of said City of Ellijay.
January 12, 1953.
J.P. Holloway, Representative, Gilmer County.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe P. Holloway, who, on oath, deposes and says that he is Representative from Gilmer County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the ELLIJAY TIMESCOURIER, which is the official organ of Gilmer County, on the following dates: January 15, 1953, January 22, 1953, and January 29, 1953.
Joe P. Holloway, Representative, Gilmer County.
Sworn to and subscribed before me this 9 day of February, 1953. Floy C. Stephenson, Notary Public
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.

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On the passage of the bill, by substitute, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 472. By Messrs. Bell, Graham, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Augusta to assess the sum of $1.75 per lineal foot upon property abutting on drains or sewers on each side of the 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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.
. HB 473. By Mr. Cowart of Stewart: A Bill to be entitled an Act to amend an Act so as to change the date of the election of the mayor and council of the City of Richland, and for other purposes.
The report 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 476. By Mr. Little of Peach: A Bill to be entitled an Act to amend an Act so as to change the name of the Town of Byron to the City of Byron, and for other purposes.
The report 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 481. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to provide that the Mayor and Council of the City of Camilla shall appoint the City Treasurer 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 117, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 486. By Mr. Murphy of Haralson: A Bill to be entitled an Act to amend an Act so as to fix the date for

THURSDAY, FEBRUARY 12, 1953

531

appointment of tax assessors in 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 118, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 489. By Messrs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus fee simple title to a certain tract of land which is a part of Broadway, and for other purposes.
The report 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 490. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act so as to provide for the election of the Mayor and other city officers of the City of Stockbridge, and for other purposes.

The report 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 495. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Bainbridge Fire Department to protect property in 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.121, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 500. By Messrs. Groover, McKenna, and Harris of Bibb:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Macon to sell certain property to the Georgia Southern and Florida Railway Company, 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 122, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 509. By Messrs. Smith, Willingham, and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Smyrna, and for other purposes.

The report 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 515. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to provide for employment of tax experts for the City 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 124, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 516. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Cairo 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 125, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 421. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to provide for the collection and disposition of fines and forfeitures arising in the Superior Courts of the Cordele 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 126, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 69. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Atlanta so as to change the regulation of deposit and withdrawal of city funds, and for other purposes:

THURSDAY, FEBRUARY 12, 1953

533

The following amendment to SB 69 was read and adopted:
MESSRS. HOKE SMITH, MUGGSY SMITH AND LOKEY, of Fulton, move to amend SB 69 by striking in its entirety Section 3 and adding thereto the following sections:
SECTION 3. The corporate limits of the City of Atlanta are hereby enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta all the following described property:
BEGINNING AT a point at the northeast corner of Land Lot 219 of the 14th District of Fulton County, said point being where the east line of Land Lot 219 intersects the southerly corporate limits of the City of Atlanta; running thence south along the east line of Land Lot 219 to the southeast corner of said Land Lot 219; thence west along the south line of Land Lot 219 to the southwest corner of said Land Lot; thence south along the east line of Land Lots 229, 228 and 227 of the 14th District of Fulton County to the southeast corner of said Land Lot 227; thence west along the south line of Land Lots 227 and 254 of the 14th District of Fulton County to the east line of Land Lot 3 of the 14th District of Fulton (formerly Fayette) County; thence south along the east line of said land lot to the southeast corner of said land lot; thence west along the south line of Land Lots 3 and 35 of the 14th District of Fulton (formerly Fayette) County to the southwest corner of said Land Lot 35 ; thence north along the west line of Land Lots 35, 34, 33, 32 and 31 of the 14th District of Fulton (formerly Fayette) County to the northwest corner of Land Lot 31 of said District; thence east along the north line of said Land Lot 31 to the northeast corner of said Land Lot 31 ; thence north along the west line of Land Lot 8 of the 14th District of Fulton (formerly Fayette) County to the northwest corner of said Land Lot 8 ; thence east along the north line of said Land Lot 8 to the northeast corner thereof; thence north along the west line of Land Lot 249 of the 14th District of Fulton County to the northwest corner of said land lot; thence east along the north line of Land Lot 249 of the 14th District of Fulton County to the existing corporate limits of the City of Atlanta; thence south and east along the existing corporate limits of the City of Atlanta to the point of beginning.
SECTION 4. All the above described property shall be and become a part of Ward 9 of the City of Atlanta until January 1, 1954, when it shall become a part of Ward 7 subject to the power of the Mayor and Council to vary the wards as otherwise provided in this Charter, as amended.
SECTION 5. The raw water main and Electric Power lines traversing said described property belonging to the City of East Point shall remain the property of said City. The governing authorities of said city shall have the right to open any street or road along which said traverses in order to make necessary repairs and shall be primarily responsible for any damages resulting therefrom and shall protect and save harmless the City of Atlanta against any and all claims for damages on account of such opening or any work connected therewith. It shall be the duty of the City of East Point to restore any street opened for the purpose of repairing the main so that it will be in as good condition as it was before the opening.
SECTION 6. The purified water mains traversing said area may be sold to the City of Atlanta and the City of Atlanta may purchase

534

JOURNAL OF THE HOUSE,

said mains at cost to the City of East Point, whereupon the title to such
mains shall vest in the City of Atlanta.
SECTION 7. All powers and authority of the City of Atlanta under its charter and ordinances and all laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included within the limits above described. The power and authority of the officers of the city are made coextensive with the limits as extended by this Act; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and regulating business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter and the laws and ordinances of the City of Atlanta, are extended to all the limits included under the terms of this Act: The power of the police department, city tax assessors and receivers, building inspector, treasurer, clerk of council, recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, the laws, and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and is bound for the payment of such bonds equally with the other territory comprising the City of Atlanta.
SECTION 8. When the territory described in Section 3 above, becomes a part of the City of Atlanta, it shall likewise become a part of the independent school system of Atlanta, and the school property located within said territory shall become the property of said city.
SECTION 9. If any clause, sentence, paragraph or any part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act.
SECTION 10. That all laws and parts of laws in conflict with this
Act 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 127, 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 86. By Senators Stoddard of the 50th and Carlisle of the 51st:
A Bill to be entitled an Act to amend an Act establishing a teachers' retirement system for the State of Georgia so as to provide for reinstatement of membership from payment of a certain sum, and for other purposes.
Referred to the Committee on Pensions.

THURSDAY, FEBRUARY 12, 1953

535

SB 92. By Senators Dean of the 34th and Callaway of the 35th:
A Bill to be entitled an Act to provide that the salary of each of the judges of the superior courts of the Stone Mountain Judicial Circuit shall be supplemented by payments to be made from the general funds of Clayton, DeKalb, Newton and Rockdale Counties, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 93. By Senator Hall of the 15th:
A Bill to be entitled an Act to provide for supplementing the fees of the Tax Collector and Tax Receiver of Toombs County in graduated amounts, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 98. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide governing authorities of Fulton County may adopt rules, regulations and ord'ers covering health and sanitation in Fulton County, 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 an Act which limits counties of over 300,000 in road work; to provide an exception in towns of 5000 or less under certain conditions, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 102. By Senator Millican of the 52nd:
A Bill to entitled an Act to amend an Act providing for benefits and pensions to Fulton County Employees, so as to provide for employees transferred from the City of Atlanta during 1952, 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 an Act applying to counties of 300,000 or more for the performance of health functions and the supplying of health functions in cities of 300,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 104. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide that the Commissioners of Roads and Revenues of Fulton County shall have the authority to adopt rules, regulations and orders for the regulation and inspection of buildings,

536

JOURNAL OF THE HOUSE,

electrical installations, plumbing and other construction pursuant to Constitutional Amendment ratified in 1952, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 105. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide that fire protection can be furnished to unincorporated areas of Fulton County, 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 authorizing Commissioners of Roads and Revenues of Fulton County to provide group insurance for regular county employees, 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 amend an Act to provide that counties over 200,000 population shall furnish pensions to members of police departments so as to provide that Director of Public Safety may elect to retire within 30 days from approval of this amendment and shall be entitled to certain benefits, 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 amend an Act creating a Civil Service Board in Fulton County, 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 amend an Act providing for retirement to teachers and employees of Board of Education of Fulton County, and for other purposes.
Referred to the Committee on Counties and County Matters.

By unanimous consent, the following Bill of the House was taken from the table:

HB 198. By Messrs. Williams of Bulloch and Lanier of Candler:
A Bill to be entitled an Act to define the term midwifery, and for other purposes.

Mr. Lovett of Laurens moved that the House reconsider its action in passing the following Bill of the House:

THURSDAY, FEBRUARY 12, 1953

537

HB 111. By Messrs. Deen of Bacon, Smith of Cobb, and others:
A Bill to be entitled an Act to amend Section 59-106, 59-112, and 59-201 of the Code of Georgia so as to permit the serving of women on juries, and for other purposes.

On the motion to reconsider, the ayes were 54, nays 63. The motion to reconsider was lost.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Ways and Means, read the second time, and recommitted to the Committee on Constitutional Amendments No. 2:

HR 106-337j. By Messrs. Watson of Dougherty, Gowen of Glynn, and others:
A Resolution proposing a constitutionaJ:. amendment providing for the exclusion of certain church property from taxation, and for other purposes.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Public Property, read the second time, and recommitted:

SB 62. By Senator Millican of the 52nd:
A Bill to be entitled an Act creating the State Office Building Authority, and for other purposes.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on General Judiciary No.2, read the second time, and recommitted:

SB 63. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act prescribing a right to redeem property sold under tax executions, and for other purposes.

By unanimous consent, the following Bills of the Senate were withdrawn from the Committee on Counties and County Matters, read the second time, and recommitted :

SB 77. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to authorize the use of voting machines in certain counties, and for other purposes.

SB 82. By Senator Millican of the 52nd:
A Bill to be entitled an Act to authorize the judges of the Superior Courts in certain counties to continue Grand Juries beyond the terms for which they were impanelled, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industrial Relations, read the second time, and recommitted:

538

JOURNAL OF THE HOUSE,

HB 362. By Messrs. Stewart of Echols, Register of Lowndes, 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.

By unanimous consent, the Clerk was directed to include the following amendment, which was overlooked, in HB 256:
Messrs. Jordan and White of Gwinnett move to amend HB 256 in Section 4 thereof by substituting a period for a comma after the word "City" in the fifth line of said section, and by deleting the words "and be a freeholder" so that Section 4 of said Bill shall read:
Section 4. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of Mayor or Councilmen of said City unless he shall have resided in said City one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said City. If the Mayor or either of the Councilmen should remove his residence or domicile out of the said City during his term of office, said office shall automatically become vacant.

The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 86. By Messrs. Rutland, McWhorter and Turner of DeKalb:
A Bill to be entitled an Act to amend an Act so as to change the salary of the official Court Reporter for the Stone Mountain Judicial Circuit, and for other purposes.

The following Senate amendment to HB 86 was read:
Senator Dean of the 34th moves to amend HB 86 by adding thereto the attached Notices to Apply for Local Legislation with affidavits thereon by the . publishers of The Conyers News, The Covington News, and The Clayton County News.
Mr. Turner of DeKalb moved that the House agree to the Senate amendment to HB 86.
On the motion, the ayes were 108, nays 0.
The Senate amendment to HB 86 was agreed to.

HR 31-124c. By Mr. Green of Rabun:
A Resolution authorizing the State Librarian to furnish certain law books to the Superior Court of Rabun County, and for other purposes.

The following Senate amendment to HR 31-124c was read:
The Committee moves to amend HR 31-124c by adding to the last sentence of said Resolution the following words to wit: "On any unappropriated funds in the State Treasury."
Mr. Green of Rabun moved that the House agree to the Senate amendment to HR 31-124c.

THURSDA~ FEBRUARY 1~ 1%3

539

On the motion, the ayes were 109, nays 0. The Senate amendment to HR 31-124c was agreed to.

HB 279. By Mr. Ingle of Murray:
A Bill to be entitled an Act to close and abolish a certain alley in the Town of Spring Place, and for other purposes.

The following Senate amendment to HB 279 was read:
Senator Park of the 43rd senatorial district:
Moves to amend House Bill 279 by adding after Section 2 thereof a new Section to be numbered 2A, and to read as follows; and to amend the caption in said bill by adding thereto "to provide for a referendum election for approval or disapproval of this Act."
Section 2A. This Act shall not become effective until approved at an election to be called and held by the Mayor and Council of the Town of Spring Place, within sixty days and not later than ninety days after the passage and approval of this Act, the date to be determined by the Mayor and Council of the Town of Spring Place within said period of time. Such referendum election shall be under the provisions of the existing charter of the Town of Spring Place relative to elections not in conflict herewith. All of the qualified voters of the Town of Spring Place shall be entitled to vote at said election, and a majority of of those voting at such election shall be required to allow this Act to become effective, and if so approved they shall become effective fifteen days from the determination of the final results of said referendum election, and the Mayor and Council of the Town of Spring Place shall so certify and proclaim. If a majority of the voters voting in said referendum election shall vote against allowing this Act to become effective, the Mayor and Council of the Town of Spring Place shall so certify and proclaim and this Act shall not become effective. The ballots for such election shall have have printed thereon the following words for those voters desiring to vote for this Act becoming effective: " ( ) For abolishing portion of alley leading from Carters Quarters Roads", and the following printed words for those voters desiring to vote against this Act becoming effective: ( ) Against abolishing portion of alley leading from Carters Quarters Road."
The expense of such referendum election shall be borne by the
Town of Spring Place.

Mr. Ingle of Murray moved that the House agree to the Senate amendment to HB 279.
On the motion, the ayes were 110, nays 0. The Senate amendment to HB 279 was agreed to.

HB 306. By Mr. Ingle of Murray:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Tax Commissioner of Murray County, and for other purposes.

540

JOURNAL OF THE HOUSE,

The following Senate amendment to HB 306 was read:
SENATOR PARK OF THE 43rd DISTRICT
Moves to amend House Bill No. 306 by adding after Section 2 thereof a new section to be numbered 2A and to read as follows, and to amend the caption of said bill by adding thereto "to provide for referendum election for approval or disapproval of this Act."
"Section 2A. This Act shall not become effective until ratified by the qualified voters of the County of Murray. The ordinary of said county shall call a referendum election on a date to be determined by him not less than sixty days and not more than ninety days after the passage and approval of this Act for the purpose of ratifying or rejecting this Act and notice of such referendum election shall be published for at least three consecutive weeks prior to the date of such referendum election in the official organ of Murray County, Georgia. The ballot shall have printed thereon the words: "( ) For Act increasing the salary of Tax Commissioner to $3,000 per annum, payable $250 monthly"; and the words: " ( ) Against Act increasing the salary of Tax Commissioner to $3,000 per annum, payable $250 monthly."
Said election shall be held under the same rules and regulations governing the election of members of the General Assembly where not in conflict herewith, and the results shall be ascertained, certified, and publicly proclaimed by the Ordinary of Murray County. If a majority of the votes cast in said election be for ratification of this Act, this Act shall become effective fifteen days from the date of the proclamation of the Ordinary declaring the results of said election, but if a majority of the votes cast are against ratification, then this Act shall be null and void. The expense of such referendum election shall be borne by the County of Murray.

Mr. Ingle of Murray moved that the House agree to the Senate amendment to HB 306.
On the motion, the ayes were 111, nays 0.
The Senate amendment to HB 306 was agreed to.

HR 25-87h. By Mr. Potts of Coweta:
A Resolution authorizing the State Librarian to furnish certain law books to the Ordinary of Coweta, and for other purposes.

The following Senate amendment to HR 25-87h was read:
The Committee moves to amend HR 25-87h by adding to the last sentence of said Resolution the following words to wit: "On any unappropriated funds in the State Treasury."
Mr. Potts of Coweta moved that the House agree to the Senate amendment to HR 25-87h.
On the motion, the ayes were 112, nays 0.
The Senate amendment to HR 25-87h was agreed to.

THURSDAY, FEBRUARY 12, 1953

541

HR 24-87g. By Messrs. Cornelius and Dunaway of Polk:
A Resolution authorizing the State Librarian to furnish certain law books to the Superior and City Courts of Polk County, and for other purposes.

The following Senate amendment to HR 24-87g was read: The Committee moves to amend HR 24-87g by adding to the last sentence of said Resolution the following words to wit: "On any unappropriated funds in the State Treasury." Mr. Cornelius of Polk moved that the House agree to the Senate amendment to HR 24-87g. On the motion, the ayes were 113, nays 0. The Senate amendment to HR 24-87g was agreed to.
HB 141. By Mr. !ngle of Murray:
A Bill to be entitled an Act to amend an Act so as to create a new charter for the City of Chatsworth, and for other purposes.
The following Senate amendment to HB 141 was read:

SENATOR PARK OF THE 43rd DISTRICT
Moves to amend House Bill 141 by adding after Section 122 thereof two new sections to be numbered 122A and 122B to read as follows, and to amend the caption of said bill by adding thereto "to provide for a referendum election for approval or disapproval of this Act":
Section 122A.-Any other provisions of this Act to the contrary notwithstanding, this Act shall become effective immediately upon approval of this Act by the people voting in a referendum election as hereinafter provided. The voters eligible to participate in said referendum shall be both those qualified to vote in the City of Chatsworth under existing charter and those qualified voters residing in the new territory being incorporated into the City of Chatsworth under this Act. A majority voting of both the said qualified voters of the City of Chatsworth and of the new territory being incorporated into the City of Chatsworth under this Act shall be necessary to approve this Act. Those voters residing in the new territory being incorporated into the City of Chatsworth shall be those qualified to vote in the last general election for members of the General Assembly and those qualified according to law since then and fifteen days priod to said referendum. The list of qualified voters of the City of Chatsworth shall close fifteen days prior to said referendum.
Section 122B.-Within ninety days and not less than sixty days after the passage and approval of this Act, the Mayor and Council of the City of Chatsworth shall issue a call for a referendum election to be held on a date fixed by them within the period of time above provided for the purpose of submitting this Act to the voters of the City of Chatsworth and of the new territory being incorporated therein under this Act for approval or disapproval. The date of the referendum election and the purpose thereof shall be published on four consecutive

542

JOURNAL OF THE HOUSE,

weeks immediately preceding the week in which the referendum election is to be held. Also notice shall be posted in at least three prominent places in the City of Chatsworth and the new territory being incorporated therein hereunder of the date and places of such referendum and the purpose thereof. Those persons voting in favor of this Act shall have printed on their ballots the words: "For approval of the Act amending and creating a new Charter for the City of Chatsworth". Those persons voting against the approval of this Act shall have printed on their ballots the words: "Against the approval of the Act amending and creating a new charter for the City of Chatsworth". It shall be the duty of the Mayor and Council of the City of Chatsworth to ascertain and certify the results of such referendum election, and publish same. Such referendum election shall be held according to the provisions of the existing charter of the City of Chatsworth relative to elections, where such provisions do not conflict herewith. If a majority of the persons voting within the City of Chatsworth and a majority of those persons voting within the new territory being incorporated into the City of Chatsworth hereunder vote for the approval of this Act, then it shall immediately become of full force and effect." If a majority of either the voters voting in the City of Chatsworth or the voters voting in the new territory being incorporated therein under this Act shall vote against the approval of this Act, it shall be void and of no force and effect. The expense of such election shall be borne by the City of Chatsworth.

Mr. Ingle of Murray moved that the House agree to the Senate amendment to HB 141.
On the motion, the ayes were 105, nays 0.
The Senate amendment to HB 141 was agreed to.
By unanimous consent, the following Bills of the House were withdrawn from the Committee on Municipal Government, read the second time, and recommitted:
HB 510. By Messrs. M. Smith, H. Smith and Lokey 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 533. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act providing a City Charter for the City of Cumming, and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways and Means and recommitted to the Committee on General Judiciary No. 1:
HB 562. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Appropriations, read the second time, and recommitted:

THURSDAY, FEBRUARY 12, 1953

543

HB 548. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act so as to provide that half the fines and forfeitures arising from violations of the game and fish laws shall be distributed for the use of county schools, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from

the Committee on General Judiciary No. 2, read the second time, and recommit-

ted:

,

HB 549. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act so as to provide that the courts of Ordinary shall have no jurisdiction over any offense involving the unlawful use or possession of intoxicating beverages or drugs, and for other purposes.

Under the regular order of business, the following Resolution and Bills of the House and Senate were taken up for consideration, and read the third time:

HR 16-61a. By Mr. Hughes of Dawson:
A _Resolution authorizing the sale of certain land in Dawson County, and for other purposes.

The following Committee amendment to HR 16-61a was read and adopted:
Your Committee on Public Property moves to amend HR 16-61a by striking from paragraph 1 the figures "14" and inserting in lieu thereof the figures "12", after the words "to sell approximately", and by: striking from paragraph 2 the figures "14" and inserting in lieu thereof the figures "12", after the words "there is approximately".
The report of the Committee, which was favorable to the passage of the resolution, as amended, was agreed to.
On the adoption of the resolution, as amended, the ayes were 122, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SB 19. By Senators Blitch of the 5th, Coker of the 39th and others:
A Bill to be entitled an Act to authorize the purchase of an ambulance for use in transporting Georgia veterans to and from hospitals, and for other purposes.

Mr. Campbell of Oconee moved that further consideration of SB 19 be postponed indefinitely, and the motion was lost.
1\:lr. Ursrey of Jeff Davis moved the previous question, and the call was sustained.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

544

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 110, nays 23. The bill, having received the requisite constitutional majority, was passed.

HB 296. By Messrs. Hall and Scoggin of Floyd and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act so as to provide for an increase in the compensation of certain teachers based on experience, and for other purposes.

The following Committee substitute to HB 296 was read:

A BILL
To be entitled an Act to amend an Act known as the Minimum Foundation Program Act, approved February 25, 1949 (Ga. Laws 1949, p. 1406), as amended, so as to provide for an increase in compensation for certain teachers based on teaching experience; 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 Minimum Foundation Program Act, approved February 25, 1949 (Ga. Laws 1949, p. 1406), as amended, is hereby amended by adding at the end of the first sentence of Section 6 the following:
"Provided, that in fixing the schedule of Minimum Salaries, the State Board of Education shall provide for teachers holding the Professional Teachers Certificate and having had ten or more years of teaching experience, not less than $500.00 as increments for teaching experience in addition to the base minimum starting salary as fixed annually by the State Board of Education."
so that Section 6 when so amended shall read as follows:
"Section 6. The State Board of Education shall annually fix a schedule of minimum salaries which shall be paid to the teachers of the various classes prescribed by the State Board of Education, which salary schedule shall be in uniform for each of the classes fixed by the State Board of Education with no differentiation being made because of subjects of grades taught.
"Provided, that in fixing the schedule of Minimum Salaries, the State Board of Education shall provide for teachers holding the professional Teachers Certificate and having had ten or more years of teaching experience, not less than $500.00 as increments for teaching experience, in addition to the base minimum starting salary as fixed annually by the State Board of Education."
A local unit of administration may not pay to any teacher in its employment a salary less than the minimum salary prescribed by the State Board of Education for the class to which such teacher belongs. A local unit may supplement the salaries of any of its teachers, and in fixing the amount thereof may take into account the nature of the duties

THURSDAY, FEBRUARY 12, 1953

545

to be performed, the responsibility of the position, the experience and the individual worth of the teacher."

SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the substitute to HB 296 was read and adopted:
Messrs. Bodenhamer of Tift, Kemp of Clayton, and Ursrey of Jeff Davis move to amend the substitute to HB 296 by striking the words "holding the Professional Teachers Certificate" wherever found.
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 128, 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 recess until 1:15 o'clock this afternoon, and the motion prevailed.
The Speaker announced the House recessed until 1:15 o'clock this afternoon.

AFTERNOON SESSION
The Speaker called the House to order.
Under the regular order of business, the following Bills and Resolutions of the House were taken up for consideration, and read the third time:
HR 102-337f. By Mr. Green of Rabun:
A Resolution authorizing the swapping of certain land in the County of Rabun for Black Rock Mountain State Park purposes, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 105, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 252. By Messrs. Hamilton of Appling, Frier of Ware, and others:
A Bill to be entitled an Act to establish a standard rule by which the number of board feet in logs or trees shall be estimated, and for other purposes.

The following amendment to HB 252 was read and adopted: Mr. Tamplin of Morgan County moves to amend House Bill No. 252 by:
Striking from Section 1 the words "by a buyer or seller, or by any

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employer or employee of such buyer or seller, where it is necessary to estimate the number of", and inserting in lieu thereof the words, "where settlement is based on the number of" and by:
amending Section 3 by inserting after the words "in scaling or measuring the diameter and length of trees or logs, any log", the words "or tree".

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 1.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 105. By Messrs. Connell of Lowndes, Greer of Lanier, and others.
A Bill to be entitled an Act to amend an Act relating to paying annuities and benefits to Peace Officers, and for other purposes.

The following Committee substitute to HB 105 was read and adopted:

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; 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 (Georgia Laws 1950, page 50), as amended by an Act approved February 21, 1951 (Georgia Laws 1951, page 472), and by an Act approved February 12, 1952 (Georgia Laws 1952, page 81), so as to change the amount paid into the fund by the members; to change the amount to be paid into the fund from fines and forfeitures; to provide for a membership period before making application for retirement; 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 (Georgia Laws 1950, page 50), as amended by an Act approved February 21, 1951 (Georgia Laws 1951, page 472), and by an Act approved February 12, 1952 (Georgia Laws 1952, page 81), is hereby amended by striking from Section 9 the following:
"and shall pay a monthly sum into the Peace Officers Annuity and Benefit Fund of Georgia equal to 2% of the money received as

THURSDAY, FEBRUARY 12, 1953

547

their fixed salary and/or subsistence, or fixed salary and fees, or fees only. Provided, that no peace officer shall pay more than $4.50 per month.",

and inserting in lieu thereof the following:

"and shall pay a monthly sum into the Peace Officers Annuity and Benefit Fund of Georgia which shall be a percentage of the money received as their fixed salary or subsistence or both, or fixed salary and fees, or fees only, based on the following scale:

"Not more than $200.00 -------------------------------------------- _______________ 2%

"More than $200.00 but not more than $300.00

3o/o

"More than $300.00 but not more than $400.00

4o/o

"More than $400.00 -------------------------------------------------------------------- 5 o/o

so that Section 9, when so amended, shall read as follows:

"Section 9. Peace officers as herein definded and who are eligible to receive benefits under this Act, shall make application to the Peace Officers Annuity and Benefit Fund of Georgia upon blanks to be furnished for that purpose by the board of commissioners. Those persons who are now serving as such peace officers shall make application for membership in said fund on or before March 1, 1951. All those persons who subsequently become peace officers shall make application for membership in such fund within three months from the date of becoming such peace officers. They shall give such information as may be required by the board, and shall pay a monthly sum into the Peace Officers Annuity and Benefit Fund of Georgia which shall be a percentage of the money received as their fixed salary or subsistence or both, or fixed salary and fees, or fees only, based on the following scale:

"Not more than $200.00 ----------------------------------------------------------- 2%

"More than $200.00 but not more than $300.00

3o/o

"More than $300.00 but not more than $400.00

4o/o

"More than $400.00 ----------------------------------------------------------------- 5o/o

All applicants shall furnish the board under oath with a statement of their monthly earnings and shall remit to the said board not later than the lOth of each subsequent month the amount due hereunder. And provided further than any peace officer in the State of Georgia as defined in Section 8 hereof, shall be eligible for membership in the Peace Officers Annuity and Benefit Fund of Georgia. Nothing herein contained shall be construed so as to prevent any peace officer from belonging to any retirement and benefit system other than the one herein provided for."

SECTION 2.
Said Act, as amended, is further amended by striking Section 10, relating to fines and forfeitures, in its entirety, and inserting in lieu thereof a new Section 10, to read as follows:
"Section 10. That in all criminal and quasi-criminal cases for violat-

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ing State statutes or municipal ordinances tried in any court or tribunal in the State of Georgia, wherein a fine is levied in the amount of $5.00 or more for the violation of a state statute or city ordinance or wherein a bond is forfeited and the result of the forfeiture is a final disposition of the case, there shall be collected in addition to the fine levied or bond forfeited, the sum of $2.00 for each case so disposed of and the said $2.00 for each case so disposed of shall be paid to the Treasurer of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund of Georgia on the first day of each month thereafter by the person or authorities collecting the same. It shall be the duty of the clerk or other authority collecting the said monies to keep accurate records of the amounts due the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund of Georgia so that the same may be audited at any time by any duly constituted authority. The sums remitted to the Treasurer of the Board of Commissioners under this provision shall be used as provided for elsewhere in this Act."

SECTION 3.
Said Act, as amended, is further amended by adding at the end of Section 11 the following:
"Any peace officer becoming a member of the fund on or after April 1, 1953 must remain an active member and remit the correct amount to the fund for a period of three (3) years from the date of his becoming a member before being eligible for any retirement benefits provided under this Act.",
so that Section 11, when so amended, shall read as follows:
"Section 11. That the money so paid into hands of the treasurer of the Board of Commissioners of the Peace Officers Annuity and Benefit Fund of Georgia herein provided, shall be used for the following purposes: Upon proper application being 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

THURSDAY, FEBRUARY 12, 1953

549

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. Any peace officer becoming a member of the fund on or after April 1, 1953 must remain an active member and, in addition to completing the required years of service, must remit the correct amount to the fund for a period of three (3) years from the date of his becoming a member before being eligible for any retirement benefits provided under this Act, provided, however, that nothing contained in this section shall be construed to in any manner alter the requirements of Section 2 of said Act, as amended, with respect to the requirement that no peace officer shall receive credit for service after March 1, 1951, unless he has paid into the fund the amount required by this Act for all such services.

SECTION 4.
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Greer of Lanier moved the previous question, and the call was sustained.
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 147, nays 1.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HR 19-87b. By Mr. Moate of Hancock:
A Resolution compensating Miss Rose Thompson for damages, and for other purposes.

The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 113, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 22-87e. By Messrs. Murr and Carter of Sumter:
A Resolution compensating Mr. B. D. Cravey for damages, 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.

550

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

HR 23-87f. By Messrs. Murr and Carter of Sumter:
A Resolution compensating Mr. Q. A. Beasley for damages, and for other purposes.

The following Committee amendment to HR 23-87f was read and adopted.
The Committee on Special Appropriations moves to amend HR 23-87f to change the figure "$1,000.00" to "$200.00".
The report of the Committee, which was favorable to the adoption of the resolution, as amended, was agreed to.
On the adoption of the resolution, as amended, the ayes were 106, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 115. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to repeal an Act providing for the condemnation of rights of way, and for other purposes .

The following Committee substitute to HB 115 was read and adopted:
A BILL
To be entitled an Act to repeal Section 95-1715 of the official Code of Georgia of 1933 as amended by an Act approved March 8, 1945, Georgia Laws 1945, pp. 258, 259, providing for the condemnation of rights of way by permitting condemnation of property for public roads and by permitting condemnation for borrow pits; to repeal conflicting laws and for other purposes, and to substitute therefor a new Section 95-1715 to provide for the condemnation or acquisition of rights of way, borrow pits and drainage ditches and to provide for the acquisition of sites necessary for the construction and maintenance of wayside parks and maintenance barns and sheds and other necessary structures by permitting condemnation or acquisition of property for rights of way, borrow pits and drainage ditches and permitting the acquisition of sites necessary for wayside parks and maintenance sheds and barns and other necessary structures; to define borrow pits and to repeal conflicting law::;; 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 95-1715 of the Code of Georgia of 1933 as amended by Act approved March 8, 1945, Georgia Laws 1945, pages 258, 259, relating to the condemnation of property for rights of way for public roads and borrow pits, be and the same is hereby repealed and a new Section 95-1715 is hereby substituted in lieu thereof, which new section shall read as follows:

THURSDAY, FEBRUARY 12, 1953

551

"The State Highway Department of Georgia shall have authority to plan and to construct, improve and maintain the State-aid roads in any manner it may deem expedient, by free labor, by contract, or by any other method or combination of methods, in its discretion. In so doing said Highway Department is hereby authorized and empowered to condemn and acquire rights of way for maintaining, improving, and constructing said State-aid roads. The State Highway Department of Georgia is also authorized and empowered to condemn and acquire lands for borrow pits and drainage ditches which may be necessary or useful in the improving, construction, reconstruction, widening, laying out, altering, grading, paving, draining or repairing any State-aid roads in this State. The term borrow pit as used in this Act shall not be construed as being required to be immediately adjacent or contiguous to the road or project under construction, repair or reconstruction. The State Highway Department of Georgia is also authorized to acquire lands necessary or useful for the construction and mainteance of wayside parks, and sites for the erection of maintenance sheds and barns and other necessary structures.

SECTION 2.
All laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

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

HB 474. By Mr. Gardner of Dougherty:
A Bill to be entitled an Act to provide that a trust may be created to hold title to properties useful in furnishing utilities, and for other purposes.

The report 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 466. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act relating to mechanics' and materialmen's liens, and for other purposes.

The report 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.

552

JOURNAL OF THE HOUSE,

HR 133-424a. By Messrs. Smith of Emanuel and Tumlin of Bartow:
A Resolution authorizing the extension of the term of the lease with John M. King, Jr., for certain facilities on the Allatoona Reservoir, 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 Resolution was read and adopted:

HR 161. By Mr. Murr of Sumter:

A RESOLUTION
WHEREAS, Georgia is today rapidly approaching leadership in the production of livestock of all kinds. This State has natural advantages for the production of livestock unsurpassed by any other state. However, the great livestock industry in Georgia would have been impossible had it not been for the outstanding, fearless pioneering in the control of livestock disease and parasites that was initiated and carried out by Dr. Peter F. Bahnsen in the face of what appeared unsurmountable opposition and hostility. On many occasions he went to various parts of the State where feeling was running so high that he was in personal danger and only a man who sincerely believed that he was right and who had the absolute fearlessness of Dr. Peter F. Bahnsen could have possibly succeeded; and
WHEREAS, the Legislature in 1905 passed an Act authorizing the Commissioner of Agriculture to investigate livestock disease, parasites, etc; and
WHEREAS, the Commissioner of Agriculture, Thomas G. Hudson (originally from Americus, Georgia) employed the services of Dr. Peter F. Bahnsen on part time basis, not having sufficient appropriation to employ his full time, and Dr. Bahnsen began his work as State Veterinarian in 1906; and
WHEREAS, Dr. Bahnsen worked for the State about one-third to one-half his time from 1906 to 1910, at the same time carrying on as best he could his private practice; and
WHEREAS, in 1910 the Legislature passed an Act authorizing the employment of a full time State Veterinarian and Dr. Peter F. Bahnsen accepted that appointment, and was State Veterinarian continuously from 1910 until July 1, 1927; and
WHEREAS, Dr. Bahnsen's services with the State lasted through the administrations of Commissioners of Agriculture: Thomas G. Hudson, J. J. Conner, James D. Price, and J. J. Brown; and
WHEREAS, many of the livestock laws, rules and regulations, now on the Statute Books of the State of Georgia, were conceived and initiated by Dr. Peter F. Bahnsen;

FRIDAY, FEBRUARY 13, 1953

553

NOW, therefore, be it resolved that the House of Representatives of the State of Georgia express its appreciation by the adoption of this Resolution in recognition of the wonderful pioneer work toward a great livestock industry in Georgia for which a large portion of the credit is due to the vision and effort of this great man, Honorable Peter F. Bahnsen, and it being the wish of this body that a certified copy of this Resolution be mailed to Dr. Peter F. Bahnsen; and, that the Commissioner of Agriculture be authorized to place suitable plaque in the Veterinary Division that friends donated for this purpose.

Mr. Murr of Sumter was granted leave of absence for Friday, February 13, 1953, in order to attend an important family event.

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.

554

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 13, 1953.
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 Reverend John W. Harrell, Pastor, Ray City Baptist Church.
By unanimous consent, the call of the roll was dispensed with.

Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings has 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. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and general bills with
local application. 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 of the House were introduced, read the first time, and referred to the Committees:

HB 574. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to amend an Act relating to the final order in adoption cases, and for other purposes.
Refererd to the Committee on General Judiciary # 1.

HB 575. By Mr. Veal of Putnam:
A Bill to be entitled an Act to provide that the Coroner of Putnam County shall be paid a salary of not less than twenty-five dollars per month in addition to fees allowed him by law; and for other purposes.
Referred to the Committee on Counties and County Matters.

MONDAY, FEBRUARY 16, 1953

555

HB 576. By Messrs. Williams and Trapnell of Bulloch:
A Bill to be entitled an Act to amend an Act to provide a salary in lieu of the fee system for the Clerk of the Superior Court in counties of twenty-six thousand five hundred inhabit.ants, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 577. By Messrs. Williams and Trapnell of Bulloch:
A Bill to be entitled an Act to amend an Act to abolish the office of Tax Receiver and Tax Collector and creating the office of Bulloch County Tax Commissioner, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 578. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to provide for a county tax for road in counties having a population of not less than 40,000 nor more than 43,000, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 159-578a. By Mr. Greene of Crisp:
A Resolution authorizing and directing the State Librarian to furnish certain law books to Crisp County, and for other purposes.
Referred to the Committee on Public Library.

HR 160-578b. By Mr. Rutland of DeKalb:
A Resolution authorizing compensation to Mr. B. M. Boyd for damages to his automobile, and for other purposes.
Referred to the Committee on Special Appropriation.

HB 579. By Messrs. Tallant of Cherokee and Otwell of Forsyth:
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 sales to religious institutions or denominations, no part of the net profit from the operation part of the net profit from the operation of which can inure to the benefit of any private person, for the use of such institutions or denominations, shall be exempt from taxation under said Act, and for other purposes.
Referred to the Committee on Ways and Means.

HB 580. By Messrs. Boggus of Ben Hill, Layton of Irwin, Grimsley of Cook, Brantley of Upson and Rutland of DeKalb:
A Bill to be entitled an Act "to amend an Act which provides for the levy of tax exemptions upon motor fuels and kerosene, so as to provide for the identification of gasoline which is subject to a tax refund, and for other purposes.
Referred to the Committee on Ways and Means.

556

JOURNAL OF THE HOUSE,

HB 581. By Messrs. Gardner of Dougherty, Pickard of Muscogee and Ray of Warren:
A Bill to be entitled an Act to create an engineering advisory board, and for other purposes.
Referred to the Committee on State of Republic.

HB 582. By Messrs. Geer of Miller, Groover and McKenna of Bibb, Jackson of Jones, Gardner of Dougherty, Conger of Decatur, Dews of Calhoun and many others:
A Bill to be entitled an Act to amend an Act which specifies the order of argument of counsel in criminal cases, so as to provide that the defendant shall always open and conclude the arguments to the jury, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 583. By Messrs. Turner, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating the Municipal Court of Atlanta and to amend an Act creating and establishing the Civil Court of DeKalb County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 584. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A Bill to be entitled an Act to amend an Act to authorize the election of a Commissioner of Roads and Revenues for the County of DeKalb, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 162-584a. By Mr. Weems of Chattooga:
A Resolution to provide certain Supreme Court Reports to Chattooga County, and for other purposes.
Referred to the Committee on Public Library.

HB 585. By Messrs. M. Smith, H. Smith and Hamilton Lokey of Fulton, Hollis of Muscogee, Garrard of Wilkes, Adams of Evans, Campbell of Oconee and others:

A Bill to be entitled an Act to amend an Act relating to the punishment for the conviction of a second or subsequent criminal offense, so as to provide for punishment of persons upon conviction of a fourth felony or of subsequent felonies, and for other purposes.
Referred to the Committee on General Judiciary # 1.
Mr. Freeman of Monroe County, Chairman of the Committee on Amendment to Constitution No. 1, submitted the following report:
Mr. Speaker:
Your Committee on Amendment to Constitution No. 1 has had under con-

MONDAY, FEBRUARY 16, 1953

557

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 150-533a. Do Pass. Respectfully submitted,
Freeman of Monroe,
Chairman.
Mr. Hall of Floyd 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 250 Do Pass, by substitute.
Respectfully submitted, Hall of Floyd,
Chairman.

Mr. Lanier of Candler 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 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 496. Do Pass.
HB 376. Do Pass.
Respectfully submitted,
Lanier of Candler,
Chairman.

Mr. Chastain of Thomas 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 508. Do Pass.

Respectfully submitted, Chastain of Thomas,

Chairman.

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JOURNAL OF THE HOUSE,

Mr. Hoke Smith of Fulton 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 566. Do Pass. HB 545. Do Pass. HB 531. Do Pass. HB 544. Do Pass. HB 522. Do Pass. HB 543. Do Pass. HB 525. Do Pass. HB 532. Do Pass. HB 571. Do Pass. HB 559. Do Pass. HB 558. Do Pass. HB 557. Do Pass. FIB 556. Do Pass. HB 555. Do Pass. HB 553. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, 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 94. By Senator Jordan of the 25th:
A Bill to amend the charter of the Town of Woodland, in Talbot County, to provide for the assessment, levy and collection of ad valorem upon real and personal property; to provide for the levy and collection of taxes a license tax for business, occupations, trades and professional; to authorize the Town of Woodland to construct and operate a gas distribution system; to provide for the issuance of general obligation bonus, and for other purposes.

MONDAY, FEBRUARY 16, 1953

559

SB 113. By Senators Kenneth of the 47th and Shepherd of the lOth:
A Bill to amend an act entitled "An Act to provide that in all counties of the State having a population of not less than 40,000 nor more than 50,000 to change from the fee system to the salary system in such counties the annual compensation received by the clerk of the superior court and other county officers regulate the disposition of carrying out of said change, and for other purposes.

SB 115. By Senator Millican of the 52nd:
A Bill to amend the pension act of the City of Atlanta relative to pensions of the Fire Department so as to provide in case such city should cease to have a treasurer, the president of the Aldermanic Board shall be a member of the Board of Trustees; to provide that the funds shall be kept separate from funds raised for other purposes, and for other purposes.

SB 116. By Senator Millican of the 52nd:
A Bill to amend an act providing pensions for the Police Department of Atlanta so as to provide that the President of the Aldermanic Board or other such officer shall be a member of the Board of Trustees; to provid~t it shall be the duty of the treasurer to pay over the to the treasurer of the pension fund of the county <'ertain funds, and for other purposes.

SB 117. By Senator Millican of the 52nd:
A Bill to amend the act creating the pension of employees of the Board of Education of Atlanta so as to include employees of the Board of Education of the County transferred to the City; to authorize certain payments to county pension boards in case of transfer to the county, and for other purposes.

HB 94. By Messrs. Gardner and Watson of Dougherty:
A Bill to provide for the registraion of voters in counties containing a city having a population of more than 30,000 on the recommendation of the Grand Jury of such county, and for other purposes.

HB 193. By Mr. Hurst of Quitman:
A Bill to create a Board of Commissioners of Roads and Revenues for the County of Quitman; to provide for an election, qualification and terms of office; to provide for powers and duties, compensation etc, and for other purposes.

HB 365. By Mr. Phillips of Walton:
A Bill to amend an act providing for a new charter for the City of Social Circle, and for other purposes.
HR 155-547a. A Resolution providing a method of reporting extravagances of the Minimum Foundation Program for Education, for the purpose of adjusting teachers salaries, and for other purposes.

560

JOURNAL OF THE HOUSE,

HB 247. By Mr. Dews of Calhoun and others:
A Bill to provide for the creation, membership, and compensation of a State Literature Commission.

HB 134. By Mr. Lanier of Candler:
A Bill to amend an act providing for rural telephone cooperative corporations and providing for rural telephone service, 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 resolution of the House to-wit:

HR 115-362d. By Mr. Murphy of Haralson:
A Resolution to provide the Clerk of the Superior Court of Haralson County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Appeals Reports.

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

HB 250. By Messrs. Cowart of Stewart and Bodenhamer of Tift:
A Bill to be entitled an Act to amend Section 32-915 of the Code of Georgia relating to the power of the County Board of Education to consolidate schools, and for other purposes.

HB 376. By Messrs. Lanier of Candler, Swindle of Berrien, and others:
A Bill to be entitled an Act to amend an Act known as the Agricultural Commodities Authority Act, and for other purposes.

HB 496. By Mr. Veal of Putnam:
A Bill to be entitled an Act to repeal Section 62-401 of the Code of Georgia relating to the description of fences and enclosures, and for other purposes.

HB 508. By Messrs. Green and Parker of Baldwin, Chastain of Thomas, and Jackson of Jones:
A Bill to be entitled an Act to provide compensation to state employees who contract tuberculosis in the performance of their duties, and for other purposes.

HB 522. By Messrs. Willis and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Thomasville to operate a gas distribution system, and for other purposes.

MONDAY, FEBRUARY 16, 1953

5G1

HB 525. By Mr. Murphy of Crawford:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Roberta to grant franchises to any other municipal corporation to operate ~ natural gas distribution system within the corporate limits of the City of Roberta, and for other purposes.

HB 531. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Bainbridge, and for other purposes.

HB 532. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act so as to establish a new charter for the Town of Mount Zion, and for other purposes.

HB 543. By Messrs. Turner, McWhorter, and Rutland of DeKalb:
A Bnl to be entitled an Act to amend an Act so as to grant additional powers for paving streets by the City of Avondale Estates, and for other purposes.

HB 544. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act so as to provide that the salary of the Clerk of the City of Carrollton shall be in the discretion of the Mayor and Council, and for other purposes.

HB 545. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that the governing body of every municipal corporation shall have power to open and close streets, and for other purposes.

HB 553. By Mr. Holloway of Gilmer:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Ellijay, and for other purposes.

HB 555. By Mr. Raulerson of Pierce:
A Bill to be entitled an Act to amend an Act so as to provide additional regulations for the government of the City of Blackshear, and for other purposes.

HB 556. By Messrs. Lokey, M. Smith, and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Palmetto, and for other purposes.

HB 557. By Messrs. White and Jordan of Gwinnett:
A Bill to be entitled an Act to amend an Act so as to provide for a city manager form of government in the City of Lawrenceville, and for other purposes.

562

JOURNAL OF THE HOUSE,

HB 558. By Messrs. White and Jordan of Gwinnett:
A Bill to be entitled an Act to amend an Act so as to provide for the appointment of a Recorder of the City of Lawrenceville, and for other purposes.

HB 559. By Mr. Deen of Bacon:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Alma, and for other purposes.

HB 566. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend Section 92-4101 of the Code of Georgia so as to provide that the Town of Bowdon shall not be affected by the provisions of this section, and for other purposes.

HB 571. By Messrs. Willingham, Bentley, and Smith of Cobb:
A Bill to be entitled an Act to amend an Act so as to exclude the payment of examination fees for applicants under civil service of the City of Marietta, and for other purposes.

HR 150-533a. By Mr. Perkins of Carroll:
A Resolution proposing a constitutional amendment providing procedure to be followed in the consolidation of schools by county boards of education, 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 413. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to amend an Act so as to authorize the employment of a clerk by the Commissioners of Roads and Revenues of Spalding County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 423. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Commissioners of Roads and Revenues of Ben Hill County, and for other purposes.
The following amendment to HB 423 was read and adopted:
Mr. Boggus of Ben Hill moves to amend HB 423 by: inserting in the caption after the words "Ben Hill County", the phrase "to provide extra compensation for the chairman;" and by: adding to Section 1, after the words "justice of the peace", the sentence: "The Chairman of the Board

MONDAY, FEBRUARY 16, 1953

563

of Commissioners shall receive fifty dollars ($50.00) per month in addition to his salary as a county commissioner."

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 465. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act so as to provide that at each term of the Superior Court of Johnson County there shall be two weeks to dispose of court 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 105, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 467. By Messrs. Kemp and Foster of Clayton: A Bill to be entitled an Act to amend an Act so as to provide for the appointment of an advisory board to the Commissioner of Roads and Revenues of Clayton County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 160, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 477. By Mr. Baughman of Early: 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 Blakely, and for other purposes.
The report 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 479. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the members of the Board of County Commissioners of Houston County, and for other purposes.

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

564

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 480. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to provide that the Tax Receiver of Houston County shall receive a commission on ad valorem school tax collections, and for other purposes.

The report 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 482. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to fix the compensation of the advisors to the Commissioner of Roads and Revenues of Rockdale County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the pasage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 483. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to fix the salary of the County Attorney of Rockdale County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 485. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act providing for the retirement of the Judges and the Solicitor-General of the Criminal Court of Fulton County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 491. By Mr. Mishoe of Tattnall: A Bill to be entitled an Act to amend an Act so as to supplement the

MONDAY, FEBRUARY 16, 1953

565

compensation of the Ordinary 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 113, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 492. By Mr. Smith of Emanuel:
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 Emanuel County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 494. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Bainbridge Fire Department to protect property in 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 pasage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 499. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to provide for the payment of a salary to the Deputy Clerk of the Superior Court of McDuffie 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 506. By Messrs. Willingham, Bentley, and Smith of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide for certiorari from the Board of Zoning Appeals of Cobb County, and for other purposes.

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

566

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 117, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 507. By Messrs. Willingham, Smith and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act so as to change the provisions relating to the employment of certain persons by 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 514. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to provide for the employment of tax experts for Wayne County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 42. By Senator Blitch of the 5th:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Chairman of the Board of Commissioners of Roads and Revenues for Clinch County, and for other purposes.
The following Committee substitute to SB 42 was read:
A BILL
To be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Clinch County, approved March 9, 1933 (Ga. Laws 1933, p. 456), as amended, so as to change the provisions relating to the oath of the Commissioners and purchases; to make certain changes relating to election of the Vice-Chairman; to provide for the eligibility of the Chairman of the Board and his residence; to change the compensation of the Chairman of the Board; to change the per diem and mileage of the members of the Board; to change the compensation of the Clerk of the Board; to change the compensation of the County Attorney; to repeal certain provisions relating to contracts and bids; to change the provisions relating to a bank as depository; to repeal certain provisions relating to bids from gasoline and oil dealers; to repeal certain provisions relating to the election of a Chairman of the Board and other officials; to repeal certain provisions relating to the terms of the Commissioners and elections; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

WU MONDA~ FEBRUARY!~

567

Section 1. An Act creating the Board of Commissioners of Roads and Revenues for Clinch County, approved March 9, 1933 (Ga. Laws 1933, p. 456), as amended, is hereby amended by striking the provisions of Section 5, relating to the oath of Commissioners and purchases, and inserting in lieu thereof a new section to be known as Section 5 to read as follows:
"Section 5. Members of the Board of Commissioners, before entering upon the discharge of their duties, shall take an oath before the Ordinary to discharge honestly and faithfully all of the duties of said office according to the laws and Constitution of the State of Georgia, and the oath when taken and subscribed shall be attested by the Ordinary of said County and filed in his office as are other official oaths of county officers."
Section 2. Said Act, as amended, is further amended by striking the provisions of Section 8, relating to the election of Chairman and Vice-Chairman, and inserting in lieu thereof a new section to be known as Section 8 to read as follows:
"Section 8. Candidates when qualifying to run for the office of commissioner shall announce at that time whether or not they desire to be elected Chairman of the Board of Commissioners. The election authorities shall provide on the ballot an appropriate space for the election of the Chairman of the said Board of Commissioners. The names of all candidates for the office of Chairman shall be placed on the ballot in such manner that the voters in the election shall be able to vote for a chairman of the Board of Commissioners. Upon qualification of the Commissioners elected for a term of office, the elected commissioner with the highest number of votes received as Chairman of the Board of Commissioners shall be declared the Chairman of the board for his term of office, and the next elected commissioner with the highest number of votes received in the election for the office of Chairman, shall be declared the Vice-Chairman of the Board for his term of office. In the event no person offering for the office of Chairman is elected as a Commissioner, then the members of the Board shall elect from among their number a chairman and a vice-chairman. In case of the death, resignation or inability to serve of the duly elected Chairman, the Commissioners shall elect from among their number an acting Chairman who shall serve until such time as the Ordinary of said county shall call an election to fill the unexpired term of office of Chairman. The Ordinary shall issue the call for an election to fill a vacancy in the office of Chairman, within twenty days after such acting Chairman has been elected by the Board and being notified of such fact, and such election shall take place within sixty days after the call thereof.
"The Chairman of the Board shall give bond in the sum of Two Thousand ($2,000.00) Dollars for the faithful performance of his duties and for the protection of all county funds, said bond to be approved by the Ordinary and recorded in that office. The Chairman if elected as a Commissioner to represent a district other than the 1224th District (which is the county-site district) on the Board, may have and maintain a temporary residence in said County-site District and continue to represent his home-district on the Board for the time he continues as such Chairman."

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JOURNAL OF THE HOUSE,

Section 3. Said Act, as amended, is further amended by striking the provisions of Section 9, relating to the compensation of the members of the Board, and inserting in lieu thereof a new section to be known as Section 9 to read as follows:
"Section 9. The salary of the Chairman of the said Board shall be fixed by the Board at not less than Two Hundred ($200.00) Dollars per month nor more than Three Hundred ($300.00) Dollars per month; provided, however, that if he does not give his entire time to the discharge of his duties as Chairman, then he shall receive only the compensation as provided for other members of the Board. Each member of the said Board, other than the Chairman, shall receive Ten ($10.00) Dollars per day for each day he attends a Board meeting and in addition shall receive not more than seven and one-half (7%) cents per mile as travel expense for attending the Board meetings or in attending to the duties of his said office. All expenses bills to be approved by the Board in writing before payment. For extra service when rendered when not attending Board meetings, the members shall present an itemized bill for approval by the Board, for which service he is not to receive more than Ten ($10.00) Dollars per day, plus the above travel expense."
Section 4. Said Act, as amended, is further amended by striking the provisions of Section 11, relating to the Clerk, and inserting in lieu thereof a new section to be known as Section 11 to read as follows:
"Section 11. There shall be a Clerk of the Board of Commissioners of Roads and Revenues for the County of Clinch, who must have some experience in bookkeeping and be familiar with the duties to be performed by said Clerk. Said Clerk shall be elected by said Board. Said Clerk's salary shall be fixed by said Board at not less than One Hundred ($100.00) Dollars per month, nor more than One Hundred Fifty ($150.00) Dollars per month. Said Board shall have authority to discharge and remove said Clerk at any time with or without cause."
Section 5. Said Act, as amended, is further amended by striking the provisions of Section 17, relating to the County Attorney, and inserting in lieu thereof a new section to be known as Section 17 to read as follows:
"Section 17. The Commissioners may, in their discretion, employ an attorney for the said county whose compensation shall be Fifty ($50.00) Dollars per month. In addition to acting as legal advisor to the Board, he shall also act as legal advisor to the various elective county officers in the discharge of their duties. The Board is further authorized to employ special counsel in special cases."
Section 6. Said Act, as amended, is further amended by repealing Section 19, relating to contract and bids, in its entirety.
Section 7. Said Act, as amended, is further amended by striking the provisions of Section 20, relating to a bank as depository, and inserting in lieu thereof a new section to be known as Section 20 to read as follows:
"Section 20. Any chartered bank in Clinch County may be appointed County Depository and when so appointed shall discharge the duties and have the same powers as fixed by laws for County

MONDAY, FEBRUARY 16, 1953

569

Treasurer, so long as the said bank continues such depository. Said bank shall receive no compensation for such service and must at all times during the time it shall be the County Depository have and keep its customers' deposits insured under the Federal Deposit Insurance Act."
Section 8. Said Act, as amended, is further amended by repealing Section 26, relating to bids from gasoline and oil dealers, in its entirety.
Section 9. Said Act, as amended, is further amended by repealing Section 31, relating to election of the Chairman of the Board and other officials, in its entirety.
Section 10. Said Act, as amended, is further amended by repealing Section 32, relating to the terms of the Commissioners and elections, in its entirety.
Section 11. All the provisions of this Act relative to any change in compensation, per diem and mileage shall be effective as of January 1, 1953.
Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the substitute to SB 42 was read and adopted:
Mr. Musgrove of Clinch moves to amend the Committee substitute to SB 42 by striking Section 6 in its entirety, and appropriately numbering the sections thereafter.
The Committee substitute to SB 42, 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 120, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 52. By Senator Hall of the 9th:
A Bill to be entitled an Act to amend an Act so as to provide for the election of members of the Board of Commissioners of Roads and Revenues of Baker County by the voters from their respective districts, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 87. By Senator Singleton of the 24th:
A Bill to be entitled an Act to amend an Act so as to increase the supplemental compensation of the Sheriff of Marion County, and for other purposes.

570

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 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 88. By Senator Singleton of the 24th:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Treasurer of 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 123, 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 94. By Senator Jordan of the 25th:
A Bill to be entitled an Act to amend the charter of the Town of Woodland, in the County of Talbot, and for other purposes.
Referred to the Committee on Municipal Government.

SB 113. By Senators Kennedy, Jr. of the 47th and Shepherd of the lOth:
A Bill to be entitled an Act to amend an Act which fixed the salary for county officers in counties having not less than 40,000 and not more than 50,000, so as to except Dougherty County, 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 amend an Act applicable to cities having more than 150,000, providing pensions for members of paid fire departments, so as to provide further for membership on the Board of Trustees and providing that the Treasurer or such other officer acting as such shall keep pension funds separate, and for other purposes.
Referred to the Committee on Municipal Government.

SB 116. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to provide pensions for members of police departments in cities having a population of more than 150,000, 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 amend an Act applicable to cities having a population of more than 150,000, so as to include employees of the

MONDAY, FEBRUARY 16, 1953

571

Board of Education of the County transferred to the City, and for other purposes.
Referred to the Committee on Municipal Government.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 346. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act so as to raise the compensation of the Commissioner of Roads and Revenues of Webster County, and for other purposes.
The following Senate amendments were read:
Senator Adams of the 12th moves to amend HB 346 by: Inserting in Section 1, after the words "clerk whose compensation shall be fifty dollars ($50.00) per month", the words: "which amount shall be paid out of the county funds monthly,".
Senator Adams of the 12th moves to amend HB 346 by: Inserting in Section 9, after the words "shall be" the words: "two thousand four hundred dollars ($2,400.00) per annum."
Mr. Black of Webster moved that the House agree to the Senate amendments to HB 346.
On the motion to agree, the ayes were 111, nays 0.
The Senate amendments to HB 346 were agreed to.
HB 343. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act so as to change the amount required for the bond of the Tax Commissioner of Webster County, and for other purposes.
The following Senate amendment to HB 343 was read:
Senator Adams of the 12th moves to amend HB 343 by: Striking from Section l the words and figures "ten thousand dollars ($10,000.00)" and inserting in lieu thereof the words and figures "eight thousand two hundred dollars ($8,200.00)".
Mr. Black of Webster moved that the House agree to the Senate amendment to HB 343.
On the motion to agree, the ayes were 112, nays 0.
The Senate amendment to HB 343 was agreed to.

HB 345. By Mr. Black of Webster: A Bill to be entitled an Act to amend an Act so as to cha111.ge the salary of the Tax Commissioner of Webster County, and for other purposes.
The following Senate amendment to HB 345 was read:

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JOURNAL OF THE HOUSE,

Senator Adams of the 12th moves to amend HB 345 by: Striking the words and figures "two thousand dollars ($2,000.00)" in Section 1, and inserting in lieu thereof the words and figures "twenty-one hundred dollars ($2,100.00)".
Mr. Black of Webster moved that the House agree to the Senate amendment to HB 345.
On the motion to agree, the ayes were 113, nays 0.
The Senate amendment to HB 345 was agreed to.
By unanimous consent, the following Bill of the House was taken from the table:

HB 186. By Messrs. H. Smith of Fulton, Twitty of Mitchell, and others:
A Bill to be entitled an Act to amend an Act so as to provide that liens shall be created in favor of architects for architectural services rendered, and for other purposes.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Public Property, read the second time, and recommitted:

HR 158-570b. By Messrs. Perkins and Duncan of Carroll:
A Resolution authorizing the establishment of a state park on certain lands in Carroll County, and for other purposes.

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 51. By Senators Carlisle of the 51st and Singleton of the 24th:
A Bill to be entitled an Act to amend an Act so as to authorize teachers to teach beyond the retirement age, and for other purposes.

The report 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.

HR 9-42c. By Messrs. Terrell and Gunter of Hall:
A Resolution compensating Mr. H. L. Sexton for damages, 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 rasolution, having received the requisite constitutional majority, was adopted.

MONDAY, FEBRUARY 16, 1953

573

HB 210. By Mr. Deal of Bryan:
A Bill to be entitled an Act to amend an Act relating to the giving of notice of a petition to probate a will in solemn form, and for other purposes.

The report 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 403. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act so as to provide for Courts of Ordinary to dispose of misdemeanor cases, and for other purposes.

By unanimous consent, HB 403 was tabled.

HR 139-439c. By Messrs. Flynt of Taliaferro and Ray of Warren:
A Resolution authorizing the conveyance of a portion of Alexander Stephens State Park in Taliaferro 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 125, 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 bill of the Senate to-wit:

SB 76. By Senator Lord of the 20th:
A Bill to be entitled an Act to prohibit livestock from running at large or straying upon public roads; to define certain words, phrases and terms; to provide for the impounding, redemption and sale of such livestock and notice thereof; to provide certain fees for the impounding, redemption and sale of such livestock; to provide for the disposal, to provide for certain reports; to provide for and maintain a place of impounding livestock; to provide certain exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.

Under the regular order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration, and read the third time:

HB 331. By Messrs. Hale of Dade, Matthews of Clarke and others: A Bill to be entitled an Act to amend an Act so as to provide fo:r the

574

JOURNAL OF THE HOUSE,

enforceability of notes given on account of attorneys' fees, and for other purposes.

The following Committee amendment to HB 331 was read and adopted:
The General Judiciary Committee No. 1 moves to amend HB 331 as follows:
By adding at the end of Section 1 another subsection as follows: (c) The holder of the note or other evidence of indebtedness, or his attorney at law, shall, after maturity of the obligation, notify in writing the maker, endorser or party sought to be held on said obligation that the provisions relative to payment of attorneys' fees in addition to the principal and interest shall be enforced and that such maker, endorser or party sought to be held on said obligation has ten days from the receipt of such notice to pay the principal and interest without the attorneys' fees. If the maker, endorser or party sought to be held on any such obligation shall pay the principal and interest in full before the expiration of such time, then the obligation to pay the attorneys' fee shall be void and no court shall enforce the agreement.

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 2.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 337. By Messrs. Williams of Franklin, Jordan of Gwinnett, and others:
A Bill to be entitled an Act to provide for the discharge of temporary administrators, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 1.
The bill, having received the requisite constitutional majority, was passed.

SB 4.

By Senators Edenfield of the 4th, Kennedy of the 47th and others:
A Bill to be entitled an Act to provide for the participaion of persons in military service in elections and primaries, and for other purposes.

By unanimous consent, further consideration of SB 4 was postponed until Monday, February 16, 1953, immediately following the period of unanimous consents.

HR 111-337o. By Mr. Hodges of Butts:
A Resolution authorizing the conveyance of certain property in Indian Springs State Park in Butts County, and for other purposes.

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

MONDAY, FEBRUARY 16, 1953

575

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

HB 338. By Messrs. Williams of Franklin, Jordan of Gwinnett and others:
A Bill to be entitled an Act to limit the time within which application for a year's support may be 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 118, nays 0. The bill, having received the requisite constitutional majority, was passed.
HR 120-367a. By Messrs. Gardner and Watson of Dougherty: A Resolution authorizing the conveyance of a portion of Chehaw State Park in Dougherty 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 177, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 408. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to amend an Act relating to a review of the judgment of the Ordinary in cases relating to obstructions on private ways so as to provide for an appeal to the Superior Court, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the pasage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 445. By Mr. Deal of Bryan:
A Bill to be entitled an Act to amend an Act so as to remove the requirement that cases must be called on the first Monday in Courts of Ordinary, and for other purposes.

The report 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.

576

JOURNAL OF THE HOUSE,

HR 132-420d. By Mr. Williams of Franklin:
A Resolution authorizing the acceptance of certain land in Franklin County for park purposes to be known as "Victoria Bryant State Park", and for other purposes.

The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 113, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.

HB 454. By Messrs. Greene of Crisp, Willingham of Cobb and Wooten of Randolph:
A Bill to be entitled an Act to amend an Act so as to provide for the remainder of fines arising in Courts of Ordinary into the county treasury, and for other purposes.

The report 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 2.
The bill, having received the requisite constitutional majority, was passed.

HB 460. By Mr. Cummings of Seminole:
A Bill to be entitled an Act to repeal an Act relating to managers of elections for members of the General Assembly, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 18.
The bill, having received the requisite constitutional majority, was passed.

HB 484. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to require the results of all referendum elections to be certified to the Secretary of State, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 153-533d. By Mr. Sheffield of Brooks: A Resolution authorizing the conveyance of a certain tract of land to Brooks County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.

MONDAY, FEBRUARY 16, 1953

577

On the adoption of the resolution, the ayes were 103, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 493. By Messrs. Campbell of Walker, Willingham of Cobb and others:
A Bill to be entitled an Act to amend an Act pertaining to sales by guardians of the property of their wards for reinvestment, and for other purposes.

The report 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 147-515d. By Mr. Greer of Lanier: A Resolution authorizing the sale of certain shares of stock in the Southern and Atlantic Telephone Company, and for other purposes.

The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 113, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.

HB 380. By Messrs. Stephens of Clarke and Williams of Bulloch: A Bill to be entitled an Act to amend an Act relating to the Chief Drug Inspector, and for other purposes.
The following amendment to HB 380 was read and adopted: Mr. Harrison of Jenkins moves to amend HB 380 by striking the words "one or more" and inserting in lieu thereof the words "not more than five". 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 4. The bill, having received the requisite constitutional majority, was passed, as amended.
HR 29-124a. By Messrs. Blackburn of Habersham and Wiggins of Stephens:
A Resolution compensating Mr. Samuel Glen Densmore for damages, 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.

HB 285. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide for speed limits upon the fresh waters of this State, and for other purposes.
The following amendment to HB 285 was read and adopted:
Amendment to HB 285 by M. Smith of Fulton:
In the title after the words "speed limits" to add the following words "in certain areas"; so that when amended the title will read as follows:
An Act to amend an Act regulating boat traffic upon the fresh waters of this State, approved February 15, 1952 (Ga. Laws 1952, p. 281), so as to provide for speed limits in certain areas; to provide for certain equipment; to repeal conflicting laws; and for other purposes.
In Section (g) after the words "all boats" the following words shall be inserted "exceeding sixteen feet in length" and in the same section before the words "power boats" the word "all" shall be inserted so that this section when amended will read as follows:
"(g) All boats exceeding sixteen feet in length operating at night must be equipped with at least two running lights, one forward and one aft, and all power boats operating at night must be equipped with lights sufficient to throw light in the direction of travel for a distance of not less than one hundred fifty (150) feet."
In Section (i) shall be stricken in its entirety. The new Section (i) shall be inserted to read as follows:
"(i) All area within 100 yards of a regular landing area so designated by the governing authorities shall be deemed a speed zone and no boat in this area shall exceed a speed of six miles per hour."

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., Monday, February 16, 1953.
The motion to adjourn prevailed.
HB 285 was carried forward as unfinished business to Monday, February 16, 1953.
The Speaker announced the House adjourned until 10:00 o'clock, A. M., Monday, February 16, 1953.

MONDAY, FEBRUARY 16, 1953

579

Representative Hall, Atlanta, Georgia Monday, February 16, 1953.

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 Reverend Claude C. Boynton, Pastor, First Methodist Church, Blairsville, Georgia.

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

Mr. Garrard of Wilkes, 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. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 of the House were introduced, read the first time, and referred to the Committees:
HB 586. By Messrs. Foster and Kemp of Clayton, H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to repeal all laws and amendments to laws heretofore passed, incorporating the City of Manchester (Now the City of College Park); to provide for incorporating said City under the name of College Park, and for other purposes.
Referred to the Committee on Municipal Government.
HB 587. By Messrs. M. Smith of Fulton and Barber of Jackson:
A Bill to be entitled an Act to supervise the business of Private Employment Agencies, and for other purposes.
Referred to the Committee on Industrial Relations.

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JOURNAL OF THE HOUSE,

HB 588. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Lanier County; to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 589. By Messrs. Bell, Graham and Holley of Richmond.
A bill to be entitled an Act to repeal an Act entitled "An Act to create the Augusta Richmond County Building Authority", and for other purposes.
Referred to the Committee on State of Republic.

HB 590. By Messrs. Ursrey of Jeff Davis, Lanier of Candler and Campbell of Oconee:
A Bill to be entitled an Act to amend the Maintenance Tax Act on Rolling Stores to exempt vehicles selling or delivering farm products, and for other purposes.
Referred to the Committee on Ways and Means.

HB 591. By Mr. Murphy of Haralson:
A bill to be entitled an Act vesting in the City of Bremen the power and authority to condemn land or real estate for school purposes, etc., and for other purposes.
Referred to the Committee on Municipal Government.

HB 592. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to incorporate the City of Coleman's Lake in the County of Emanuel, and for other purposes.
Referred to the Committee on Municipal Government.
HB 593. By Mr. Moore of White:
A Bill to be entitled an Act to enable White County and the City of Cleveland to establish a joint planning commission to make and amend an overall plan, etc., and for other purposes.
Referred to the Committee on Municipal Government.
HB 594. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to require all candidates for nomination and election to the House of Representatives of the General Assembly from Floyd County to designate and qualify for a specific seat and to name his incumbent opponent, and for other purposes. Referred to the Committee on Counties and County Matters.
HR 163-594a. By Mr. Stewart of Echols:
A Resolution to allow free parking to citizens of Georgia and State

MONDAY, FEBRUARY 16, 1953

581

Officials and employees working at the Capitol, on all property around the Capitol that is owned by the State, and for other purposes.
Referred to the Committee on State of Republic.

HR 164-594b. By Mr. Ray of Warren and Mobley of Burke:
A Resolution to provide for the appointment of a joint committee of the House of Representatives and the Senate to investigate and conduct a study of the need and desirability of the establishment and creation of a State Warehouse System and to draft suitable legislation in conformance with their finds and conclusions, and for other purposes.
Referred to the Committee on General Agriculture # 1.
Mr. Hollis of Muscogee County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary No. 1 has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 562. Do Pass.
Respectfully submitted,
Hollis of Muscogee,
Chairman.

Mr. Hoke Smith of Fulton 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 475. Do Pass. HB 510. Do Pass. HB 569. Do Pass. HB 570. Do Pass. HB 565. Do Pass. SB 117. Do Pass. SB 116. Do Pass. SB 115. Do Pass. SB 94. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.

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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:

SB 89. By Senator Hawes of the 29th:
A Bill to further provide how guardians, administrators, executors, trustees and other fiduciaries may sell stocks and bonds which are either listed, or admitted to unlisted trading privileges upon a stock exchange, or quoted regularly in newspapers; and for other purposes.

SB 90. By Senator Jordan of the 25th:
A Bill to amend Section 9-201 of the Code pertaining to admission to the bar of this state without examination so as to permit a person admitted to the bar of another state or the District of Columbia and who have been full time teachers of law within this state for five years to be admitted to the bar without examination; and for other purposes.

SB 95. By Senator Edenfield of the 4th:
A Bill to amend the act establishing juvenile courts so as to provide in counties having a population of less than 50,000, the governing authority of the county shall have final approval of all salaries, of all personnel; and for other purposes.

SR 25. By Senator Brown of the 40th:
A Resolution requesting the State Highway Department to take measures to prevent erosion on the shoulders of highways; and for other purposes.

HB 316. By Mr. Haar of Chatham and others:
A Bill to fix, establish and provide a salary for the Solicitor General of the Eastern Judicial Circuit; and for other purposes.

HB 330. By Mr. Otwell of Forsyth:
A Bill to provide for the holding of terms of the Superior Court in Forsyth County; and for other purposes.

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

HB 475. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act so as to create and establish a new charter for the City of Baconton, and for other purposes.

HB 562. By Mr. Hollis of Muscogee: A Bill to be entitled an Act to amend an Act known as the Georgia

MONDAY, FEBRUARY 16, 1953

583

Retailers' and Consumers' Sales and Use Tax Act so as to exempt from such taxation sales or transfers made as a result of a business reorganization, and for other purposes.

HB 565. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act so as to change the amount of ad valorem taxes levied by the Town of Bowdon, and for other purposes.

HB 569. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act so as to provide for the assessment of the total cost of paving streets and sidewalks in the City of Carrollton to the abutting property owners, and for other purposes.

HB 570. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act so as to provide for the operation of the Water and Sewerage Systems of Carrollton by the Mayor and City Council, and for other purposes.

SB 94. By Senator Jordan of the 25th:
A Bill to be entitled an Act to amend an Act so as to provide for the levy of a license tax for business occupations in the Town of Woodland, and for other purposes.
SB 115. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to pensions to members of paid fire departments in certain cities, and for other purposes.
SB 116. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to pensions for members of police departments in certain cities, and for other purposes.
SB 117. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide further for membership of the Board of Trustees of certain cities, 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 510. By Messrs. H. Smith, M. Smith and Lokey of Fulton: A Bill to be entitled an Act to amend an Act so as to create a commission to study traffic courts in the city of Atlanta, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

584

JOURNAL OF THE HOUSE,

HB 522. By Messrs. Willis and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Thomasville 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 525. By Mr. Murphy of Crawford:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Roberta to grant franchises to any other municipal corporation to operate a natural gas distribution system with the corporate limits of the City of Roberta, and for other purposes.

The report 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 531. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 532. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act so as to establish a new charter for the Town of Mount Zion, and for other purposes.

The report 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 543. By Messrs. Turner, McWhorter, and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act so as to grant additional powers for paving streets by the City of Avondale Estates, and for other purposes.

MONDAY, FEBRUARY 16, 1953

585

The report 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 544. By Messrs. Perkins and Duncan of Carroll: The report of the Committee which was favorable to the passage of the bill, salary of the Clerk of the City of Carrollton shall be in the discretion of the Mayor and Council, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 553. By Mr. Holloway of Gilmer: A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Ellijay, and for other purposes.

The report 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 555. By Mr. Raulerson of Pierce:
A Bill to be entitled an Act to amend an Act so as to provide additional regulations for the government of 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 556. By Messrs. Lokey, M. Smith, and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Palmetto, and for other purposes.

The report 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.

586

JOURNAL OF THE HOUSE,

HB 557. By Messrs. White and Jordan of Gwinnett:
A Bill to be entitled an Act to amend an Act so as to provide for a city manager form of government in the City of Lawrenceville, and for other purposes.

The report 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 558. By Messrs. White and Jordan of Gwinnett:
A Bill to be entitled an Act to amend an Act so as to provide for the appointment of a Recorder of the City of Lawrenceville, and for other purposes.

The report 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 559. By Mr. Deen of Bacon:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Alma, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 566. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend Section 92-4101 of the Code of Georgia so as to provide that the Town of Bowdon shall not be affected by the provisions of this section, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 571. By Messrs. Willingham, Bentley, and Smith of Cobb:
A Bill to be entitled an Act to amend an Act so as to exclude the payment of examination fees for applicants under civil service of. the City of Marietta, and for other purposes.

MONDAY, FEBRUARY 16, 1953

587

The report 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 68. By Senator Hendrix of the 3rd:
A Bill to be entitled an Act to amend an Act so as to authorize the Board of Commissioners of Roads and Revenues of Long County to fix the salary of 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 55. By Senator Jordan of the 25th:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Tax Commissioner of Talbot County, and for other purposes

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, 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 76. By Senator Lord of the 20th:
A bill to be entitled an Act to prohibit livestock from running at large or straying upon public roads, and for other purposes.
Referred to the Committee on General Agriculture # 2.

SB 89. By Senator Hawes of the 29th:
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 # 1.

SB 90. By Senator Jordan of the 25th: A Bill to be entitled an Act to amend an Act pertaining to the admission

588

JOURNAL OF THE HOUSE,

to the bar of this state without examination of persons licensed to practice law in a foreign state or the District of Columbia, etc., and for other purposes.
Referred to the Committee on General Judiciary # 2.

SB 95. By Senator Edenfield of the 4th: A Bill to be entitled an Act to amend an Act establishing Juvenile Courts and providing the procedure connected therewith, so as to provide that in counties having a population of less than 50,000, the governing authority of the County shall have final approval of all salaries of all personnel provided for in this Act, and for other purposes.
Referred to the Committee on State of Republic.
SR 25. By Senator Brown of the 40th:
A Resolution requesting the State Highway Department to take measures to prevent erosion on the shoulders of highways, and for other purposes.
Referred to the Committee on Conservation.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on State of the Republic, read the second time, and recommitted:
HB 327. By Messrs. Floyd and Weems of Chattooga, Lavender of Elbert, and others: A Bill to be entitled an Act to provide for protection against subversive activities, and for other purposes.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 193. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Quitman County,. and for other purposes.

The following Senate amendment to HB 193 was read:
Senator Adams of the 12th moves to amend HB 193 so as to renumber Section 11 as Section 12; and so as to insert a new section, which shall be known as Section 11, which shall read as follows: "Section 11. This Act shall become null and void and no longer law on the last day of the next regular session of the General Assembly following tho date this Act becomes law."

Mr. Hurst of Quitman moved that the House agree to the Senate amendment to HB 193.
On the motion to agree, the ayes were 119, nays 0.
The Senate amendment to HB 193 was agreed to.

MONDAY, FEBRUARY 16, 1953

589

HR 115-362d. By Mr. Murphy of Haralson:
A resolution authorizing the State Librarian to furnish certain lall books to the Clerk of the Superior Court of Haralson County, and for other purposes.
The following Senate amendment to HR 115-362d was read:
The Committee of the Senate on Special Judiciary moves to amend HR 115-362d by adding the following words to the last sentence of said resolution: "on any unappropriated funds in the State Treasury."
Mr. Murphy of Haralson moved that the House agree to the Senate amendment to HR 115-362d.
On the motion to agree, the ayes were 120, nays 0.
The Senate amendment to HR 115-362d was agreed to.

HR 20-87c. By Messrs. Mincy and Frier of Ware:
A Resolution authorizing the State Librarian to furnish certain law books to the Clerk of the Superior Court and Ordinary of Ware County, and for other purposes.
The following Senate amendment to HR 20-87c was read:
The Committee of the Senate on General Judiciary moves to amend HR 20-87c by adding thereto at the end of the Resolution thereof the following words to wit: "On any unappropriated funds in the State Treasury".

Mr. Mincy of Ware moved that the House agree to the Senate amendment to HR 20-87c.
On the motion to agree, the ayes were 121, nays 0.
The Senate amendment to HR 20-87c was agreed to.
Mr. Brantley of Upson gave notice that at the proper time he would move that the House instruct the Committee on Counties and County Matters to report the following bills back to the House:

HB 432. By Messrs. Adams and Brantley of Upson:
A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Upson County, and for other purposes.

HB 433. By Messrs. Brantley and Adams of Upson:
A Bill to be entitled an Act to provide for the terms of office of the members of the Board of Commissioners of Roads and Revenues of Upson County, and for other purposes.

By unanimous consent, the following Bill of the House was taken from the table:
HB 403. By Mr. Tarpley of Union: A Bill to be entitled an Act to amend an Act so as to enable Courts of

590

JOURNAL OF THE HOUSE,

Ordinary to dispose of misdemeanor cases of a certain nature, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Education No. 1, read the second time, and recommitted:

HB 517. By Messrs. Coker and Campbell of Walker and others:
A Bill to be entitled an Act to provide sick leave for teachers in the public schools, and for other purposes.

By unanimous consent, the following Bills of the House were withdrawn from the Committee on Counties and County Matters, read the second time, and
recommitted:

HB 583. By Messrs. Turner, McWhorter, and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act establishing the Civil Court of DeKalb County, and for other purposes.

HB 584. By Messrs. McWhorter, Rutland, and Turner of DeKalb:
A Bill to be entitled an Act to amend an Act so as to authorize the election of a Commissioner of Roads and Revenues of DeKalb County, and for other purposes.

HB 505. By Mr. Stewart of Echols:
A Bill to be entitled an Act to abolish the County Court of Echols County, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways and Means, read the second time, and recommitted to the Committee on State of the Republic.

HB 523. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act so as to provide a contingent expense allowance for the Attorney General, and for other purpurposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways and Means, read the second time, and recommitted to the Committee on Motor Vehicles.

HB 580. By Messrs. Boggus of Ben Hill, Layton of Irwin and others:
A Bill to be entitled an Act to amend an Act so as to provide for the identification of gasoline which is subject to a tax refund, and for other purposes.
The Speaker appointed the following members of the House as a Committee to inspect resolutions proposing constitutional amendments so as to determine that such resolutions are local in their application, to-wit: Messrs. Nightingale of Glynn, Groover of Bibb, and Freeman of Monroe.

MONDAY, FEBRUARY 16, 1953

591

Under the regular order of business, the following Bill of the Senate was again taken up for consideration:

SB 4. By Senators Edenfield of the 4th, Kennedy of the 47th and others:
A Bill to be entitled an Act to provide for the participation of Georgia men and women in the Armed Forces in elections and primaries, and for other purposes.

The following amendment to SB 4 was read and adapted:
Mr. Nightingale of Glynn moves to amend SB 4 by striking the word "literally" where it occurs in Section 2 of said Bill and substituting in lieu thereof the word "liberally".
The following amendment to SB 4 was read and lost:
Nightingale of Glynn moves to amend Senate Bill # 4 by striking
in its entirety Section 8 of said Bill and substituting in lieu thereof the following:
"Section 8. In order to allow more adequate time for the paticipation of members of the military in elections and party primaries, the following provisions are enacted in lieu of those now provided by law:
" (1) Whenever a political party shall hold a primary election to nominate candidates for the office of Governor, State House Officers, Members of Congress, United States Senators, Judges of the Superior Courts, Justices of the Supreme Court, Judges of the Court of Appeals, Solicitors-General, or Members of the General Assembly; (a) all candidates for such nominations must qualify no later than six weeks before the date of such primary; and (b) the proper authorities of such political party shall certify such candidates to the persons charged with preparing the ballots for such primary, in sufficient time for such ballots to be printed at least five weeks before the date of such primary.
"(2) Whenever a general election shall be held for the office of Governor, State House Officers, Members of Congress, United States Senators, Judges of the Superior Courts, Justices of the Supreme Court, judges of the Court of Appeals, Solicitors-General, or Members of the General Assembly; (a) all candidates for such offices, or the proper authorities of the political party nominating them for such offices, must file notice of their candidacy with the Secretary of State, giving their names and the offices for which they are candidates, no later than six weeks before the date of such election; and (b) the Governor shall furnish to the several ordinaries all blank forms necessary for preparing the ballots for such election, in sufficient time for such ballots to be printed at least five weeks before the date of such election.
"(3) The foregoing provisions notwithstanding, all candidates shall file notice of their candidacy no later than thirty days before a special election to fill a vacancy."
The following amendment to SB 4 was read:
Nightingale of Glynn moves to amend Senate Bill # 4 by adding a
new section to be numbered 9-A which shall read as follows:
"Section 9-A. Inasmuch as members of the military in service out-

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JOURNAL OF THE HOUSE,

side the State are likely not to learn of the date of a primary election if such date be subject to change and variation, the second Wednesday in September is hereby fixed and established as the date of the primary, whenever any political party shall hold a primary election to nominate candidates for the office of Governor, State House Officers, Members of Congress, United States Senators, Judges of the Superior Courts, Justices of the Supreme Court, Judges of the Court of Appeals, Solicitors-General, or Members of the General Assembly which are by law voted on one and the same day throughout the State."

On the motion to adopt the amendment, the ayes were 31, nays 72.
The amendment 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 amended, the ayes were 119, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
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:

HB 608. By Messrs. Green and Parker of Baldwin, Chastain of Thomas and Jackson of Jones :
A Bill to be entitled an Act to provide compensation to employees of the State who contract tuberculosis while 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 pasasge of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 461. By Mr. Gowen of Glynn:
A Bill to be entitled an Act to amend an Act so as to provide for the setting aside as a year's support to the widow and children a portion of a deceased parent's estate whose death was homicidal, and for other purposes.

Mr. Hayes of Coffee moved that HB 461 be recommitted to the Committee on General Judiciary No. 1 for further study, and the motion was lost.
The following amendment to HB 461 was read and adopted:
Mr. Gowen of Glynn moves to amend HB 461 by adding the word "only" in line 6 of Section 1, and in line 18 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, as amended, Mr. Gowen of Glynn moved the ayes and nays, and the call was sustained.

MONDAY, FEBRUARY 16, 1953

593

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

Those voting in the affirmative were Senators:

Abney of Catoosa Adams of Upson Barrett Bentley Birdsong Blackburn Blalock Bloodworth Boggus Bolton Brantley Bray Britton Buie Campbell of Oconee Campbell of Walker Carter Chastain Clark Coffin Coker Connell Coogle Cornelius Deal Dean of Towns Denton Dews Drinkard Dunaway Edenfield Floyd Flynt Garrard Gilder GllliS Goodson Gowen Graham

Green of Baldwin Green of Rabun Greene of Crisp Greer Groover of Bibb Groover of Troup Haar Hale Harper Harrell Harris Harrison of Jenkins Hicks Holley Hollis Holloway Hughes Ingle lvey Jackson Johnson Jordan of Gwinnett Land Lanier Lavender Lewis Lifsey Little Lokey McCracken McGarity McKenna Martin Matheson Matthews Mauldin Mishoe Mobley Moore of Pickens

Moore of White Moye Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Phillips of Watson Pickard Ray Register Rowland Russell Rutland Sipple of Chatham Smith of Cobb Hoke Smith of Fulton Stephens of Clarke Tallant Tamplin Tarpley Trapnell Turner Veal Walker Wardlow Watson Weems White Whitener Wiggins Williams of Franklin Willingham

Those voting in the negative were Senators:

Ayers Barber of Jackson Baughman Black Brannen Byrd Carswell Cloud
Deen of Bacon Durham

Foster Freeman Frier Geer Grimsley Gunter Harrison of Wayne Hayes Henderson Hodges

Holton Mincy Murphey of Crawford Short Sivell Stocks Strickland Williams of Tift Willis Wooten

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

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JOURNAL OF THE HOUSE,

On the passage of the bill, as amended, the ayes were 116, nays 30.
The bill, having received the requisite constitutional majority was passed, as amended.

HB 464. By Mr. Sipple of Chatham:
A Bill to be entitled an Act to amend an Act so as to provide for in structions in the History of the United States in schools, and for other purposes.

The following amendment to HB 464 was read and adopted:
Mr. Stephens of Clarke moves to amend HB 464 by adding the word "History of Georgia and" to the 3rd line of Section 32-706 and to the 7th line of said section after the words pertaining to the History of the United States; that the title to HB 464 be amended by adding the words "and History of Georgia" after the words "History of the United States" where the latter words appear in the 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HR 86-289b. By Mr. Mishoe of Tattnall:
A Resolution conveying to the City of Glennville certain surplus land, and for other purposes.

The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 116, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SB 46. By Senator Edenfield of the 4th:
A Bill to be entitled an Act to amend an Act creating the Jekyll Island 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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Mr. Ray of Warren moved that the House do now recess until 1:20 o'clock this afternoon, and the motion prevailed.
The Speaker announced the House recessed until 1 :20 o'clock this afternoon.

MONDAY, FEBRUARY 16, 1953

595

AFTERNOON SESSION
The speaker called the House to order.
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 388. By Messrs. Harris of Bibb, Dunaway and Cornelius of Polk, and others:
A Bill to be entitled an Act to amend an Act providing for the appointment of special officers upon the request of railway company executives, and for other purposes.

The report 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 Edenfield of the 4th and Coker of the 39th: A Bill to be entitled an Act to amend an Act establishing the Employees Retirement System, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 45. By Senators Edenfield of the 4th and Coker of the 39th:
A Bill to be entitled an Act to amend an Act so as to establish a survivors benefit fund under the Employees 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 116, 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 186. By Messrs. H. Smith of Fulton, Twitty of Mitchell, and others:
A Bill to be entitled an Act to amend an Act so as to create liens in favor of architects for architectural services rendered, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 3.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

Under the regular order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration, and read the third time:

HR 149-516a. By Mr. M. Smith of Fulton:
A Resolution authorizing the establishment of a commission to study retirement systems affecting State officers and employees, and for other purposes.

An amendment offered by Mr. M. Smith of Fulton was withdrawn.
The following amendment to HR 149-516a. was read and adopted:
Mr. M. Smith of Fulton moves to amend HR 149-516a by striking in its entirety the paragraph reading as follows: "BE IT FURTHER RESOLVED that the funds necessary to carry out the provisions of the Act shall be paid from the appropriations provided for the Legislative Department or from any other appropriations that might be available".
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 105, nays 7.
The resolution, having received the requisite constitutional majority, was adopted.

SB 27. By Senators Hawes of the 29th, Edenfield of the 16th, and Dean of the 34th:
A Bill to be entitled an Act to provide for the conversion of certain trust companies into state banking corporations, and for other purposes.

The following Committee amendment to SB 27 was read and adopted.
The Committee of the House on Banks and Banking amends Senate Bill Number 27 as follows:
By Striking from the caption of said Act where the same appear the following words:
"to provide for orders dissolving corporations" and inserting in lieu thereof the following words:
to provide for orders approving such conversions".
By striking from the caption of said Act where the same appear the following words:
"to provide for the rights of creditors and for the conversion of assets" and inserting in. lieu thereof the following words:
"to provide fer the rights of creditors, the conversion of assets, the conversion of outstanding stock and to declare legislative intent;".
By striking sub-section (c) of SECTION 1 of said Act and substituting in lieu thereof the following:
(c) If the Secretary of State grants or issues a banking charter to the applicant, such corporation shall file a copy thereof in duplicate,

MONDAY, FEBRUARY 16, 1953
certified by the Secretary of State, with the superior court in the county where the corporation is incorporated as a superior court corporation. There shall also be filed with said superior court a certified copy of the notice of intention to convert and the certificate of publication of the ordinary. The superior court shall pass an order under the seal of the court approving the conversion of the charter and franchise into a state banking corporation; and, upon the passage of such order, the Secretary of State of Georgia shall thereafter be vested with exclusive jurisdiction over the charter and franchise of such corporation.
By striking sub-section (d) of SECTION 1 of said Act and substituting in lieu thereof the follows:
(d) Upon the passage of such order by the superior court approving the conversion of the charter arid franchise into a state banking corporation, all assets of every kind and character, including the real and personal property and choses in action belonging to such converted superior court corporation, shall immediately, by operation of law and without any conveyance or transfer, be vested in and become the property of such state banking corporation. A copy of such order of the superior court judge, certified by him, may be recorded in the deed records in the office of the clerk of superior court in the appropriate county or counties as a muniment of title.
By adding to SECTION 1 of said Act a new sub-section to be designated as sub-section (f) and to read as follows:
(f) Upon the conversion of such superior court corporation into a state banking corporation as hereinbefore provided, the issued and outstanding stock of the superior court corporation shall be, by virtue of the provisions of this Act, thereby converted into stock of a state banking corporation. It is hereby declared to be the legislative intent that a superior court corporation converted into a state banking corporation under the terms of this Act shall, for all purposes, be considered a continuing entity.
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 488. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to provide for the presentation of applications for admission to the bar of the State of Georgia, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 2.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HR 100-337d. By Mr. Moore of White:
A Resolution authorizing the acquisition of certain lands for the purpose of establishing a state park in White 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.

HB 128. By Messrs. H. Smith of Fulton and Hollis of Muscogee:
A Bill to be entitled an Act to establish uniform traffic laws in the State of Georgia, and for other purposes.

Mr. Green of Rabun moved that the House do now adjourn until 10:00 o'clock tomorrow morning.
Leaves of absence were granted to the following members of the House: Mr. Jones of Lumpkin for Wednesday, February 18, 1953; Mr. Bodenhamer of Tift for Monday, February 16, 1953; Mr. Connell of Lowndes for Tuesday, February 17, 1953; and Mr. Potts of Coweta for Tuesday and Wednesday, February 17 and 18, 1953.
The motion to adjourn prevailed, and HB 128 was carried over until tomorrow under the order of Unfinished Business.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.

TUESDAY, FEBRUARY 17, 1953

599

Representative Hall, Atlanta, Georgia. Tuesday, February 17, 1953.

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 Reverend Claude C. Boynton, Pastor, First Methodist Church, Blairsville, Georgia.

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

Mr. Garrard of Wilkes, 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. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 of the House were introduced, read the first time, and referred to the Committees:

HB 595. By Mr. Drinkard of Lincoln:
A Bill to be entitled an Act to amend an Act incorporating the City of Lincolnton, and for other purposes.
Referred to the Committee on Municipal Government.

HB 596. By Messrs. Murr and Carter of Sumter:
A Bill to be entitled an Act to amend an Act to revise and consolidate the several Acts granting corporate authority to the City of Americus, and for other purposes.
Referred to the Committee on Municipal Government.

600

JOURNAL OF THE HOUSE,

HB 597. By Mr. Land of Wilkinson:
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 Wilkinson County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 598. By Messrs. Lanier of Candler, Black of Webster, Baughman of Early and many others:
A Bill to be entitled an Act to prohibit the feeding of garbage to animals unless such garbage has been processed in such manner as to render the same free of any infectious or contagious disease which might affect domestic animals or human beings, and for other purposes.
Referred to the Committee on Agriculture # 2.

HB 599. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act which Act established a City Court in the City of Sylvester, in Worth County, and for other purposes.
Referred to the Committee on Municipal Government.

HB 600. By Mr. Williams of Franklin:
A Bill to be entitled an Act to amend an Act entitled "An Act to incorporate Franklin Springs in the County of Franklin, and for other purposes.
Referred to the Committee on Municipal Government.

HB 601. By Mr. Williams of Franklin:
A Bill to be entitled an Act to create the office of Commissioner of Roads and Bridges and A Board of Finance for Franklin County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 165-601a. By Mr. Deen of Bacon:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Bacon County certain law books, and for other purposes. Referred to the Committee on Counties and County Matters.
HB 602. By Messrs. Floyd of Chattooga, Scoggin and Hicks of Floyd and Weems of Chattooga:
A Bill to be entitled an Act to repeal an Act relating to the issuance of certificates exempting certain disabled or indigent veterans and blind persons from the payment of business license tax, etc., and for other purposes.
Referred to the Committee on Veterans Affairs.
HB 603. By Messrs. Ray of Warren and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act providing traffic regula-

TUESDAY, FEBRUARY 17, 1953

601

tions requiring hand signals of blinker lights for the starting, turning, stopping or decreasing speed of vehicles, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 604. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to repeal the present charter for the City of Odum, and for other purposes.
Referred to the Committee on Municipal Government.

HB 605. By Mr. Stevens of Marion:
A Bill to be entitled an Act to abolish the office of County Treasurer for Marion County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 606. By Messrs. Carswell of Burke, Scoggin and Hicks of Floyd:
A Bill to be entitled an Act to regulate the taking and killing of rabbits or hares, and to provide for seasons and bag limits, and for other purposes.
Referred to the Committee on Game and Fish:

HB 607. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to incorporate the City of Hapeville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 608. By Messrs. H. Smith, M. Smith and Lokey of Fulton: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; to exclude from the corporate limits of the City of Atlanta certain described property, and for other purposes.
Referred to the Committee on Municipal Government.
HB 609. By Messrs. Bell, Graham and Holley of Richmond: A Bill to be entitled an Act to amend the City Charter of Augusta so as to provide for the pension rights of certain transferred employees from one Department to another, and for other purposes.
Referred to the Committee on Municipal Government.
HB 610. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to amend an Act to amend the pension law of the Board of Health of Richmond County, and for other purposes. Referred to the Committee on Counties and County Matters.
HB 611. By Messrs. Williams and Trapnell of Bulloch: A Bill to be entitled an Act to amend an Act creating a Board of Com-

602

JOURNAL OF THE HOUSE,

missioners of Roads and Revenues for Bulloch County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 612. By Mr. Drinkard of Lincoln:
A Bill to be entitled an Act to supplement the fees of Tax Receiver of Lincoln County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 166-612a. By Mr. Perkins of Carroll:
A Resolution to provide for the furnishing of certain law books by the State Librarian to the Clerk of the Superior Court, and to the Ordinary, of Carroll County, and for other purposes.
Referred to the Committee on Public Library:
HB 613. By Mr. Green of Rabun:
A Bill to be entitled an Act to enable farmers engaged in the production of any and all agricultural commodities, including livestock, livestock products and poultry to joinly with themselves and others promote research in any and all phases of agriculture and livestock and disseminate such findings as to accrue the greatest possible benefit to all of Georgia, and for other purposes.
Referred to the Committee on General Agriculture # 1.
HB 614. By Messrs. Lavender of Elbert, Best of Clay, Chastain of Thomas and Green of Baldwin:
A Bill to be entitled an Act to provide that any person who is a legal resident of Georgia, and who is committed to the Milledgeville State Hospital by the courts of the State, may be maintained free of charge by said hospital, and for other purposes.
Referred to the Committee on Ga. State Sanitarium.
Mr. Gowen of Glynn County, Chairman of the Committee on Constitutional
Amendment # 2, submitted the following report:
Mr. Speaker:
Your Committee on Constitutional Amendment # 2 has had under considera-
tion 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 106-337j. Do Pass.
Respectfully submitted,
Gowen of Glynn,
Chairman.

Mr. Lavender of Elbert County, Chairman of the Committee on Counties and County Matters, submitted the following report:

TUESDAY, FEBRUARY 17, 1953

603

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 578. Do Pass. HB 554. Do Pass. HB 567. Do Pass. HB 594. Do Pass. HB 588. Do Pass. HB 577. Do Pass. HB 573. Do Pass. HB 576. Do Pass. HB 505. Do Pass, as amended. HB 568. Do Pass. HB 575. Do Pass. HB 551. Do Pass. HB 552. Do Pass. SB 108. Do Pass. SB 105. Do Pass. SB 99. Do Pass. SB 106. Do Pass. SB 98. Do Pass. SB 104. Do Pass. SB 102. Do Pass. SB 107. Do Pass. SB 77. Do Pass. SB 109. Do Pass. SB 82. Do Pass.
Respectfully submitted, Lavender of Elbert, Chairman.

Mr. Hall of Floyd 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-

604

JOURNAL OF THE HOUSE,

ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 517. Do Pass. Respectfully submitted, Hall of Floyd, 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 322. Do Pass.
Respectfully submitted,
Campbell of Oconee,
Chairman.

Mr. Willingham of Cobb 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:
HB 549. Do Pass.
SB 63 Do Pass.
Respectfully submitted,
Willingham of Cobb,
Chairman.

Mr. Hoke Smith of Fulton 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 519. Do Pass. HB 533. Do Pass.
HB 592. Do Pass.
HB 593. Do Pass.

TUESDAY, FEBRUARY 17, 1953

601)

HB 591. Do Pass HB 586. Do Pass.

Respectfully submitted, Hoke Smith of Fulton, Chairman.

Mr. Coogle of Macon County, Chairman of the Committee on Public Libraries, submitted the following report:
Mr. Speaker:
Your Committee on Public Libraries 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 156-547b. Do Pass.
HR 159-578a. Do Pass.
HR 162-584a. Do Pass.
Respectfully submitted,
Coogle of Macon,
Chairman.

Mr. Blalock of Coweta 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 Resolutions 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.
HR 157-570a. Do Pass.
HR 158-570b. Do Pass.
Respectfully submitted,
Blalock of Coweta, 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 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 327. Do Pass, by substitute.

606

JOURNAL OF THE HOUSE,

HB 498. Do Pass. HB 523. Do Pass. HB 589. Do Pass. HR 91-298c. Do Pass, as amended. HR 163-594a. Do Pass. SB 1. Do Pass. SB 43. Do Pass. SB 49. Do Pass. SB 83. Do Pass. SB 95. 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 and resolutions of the House and Senate to-wit:

HB 412. By Messrs. Duncan and Perkins of Carrollton:
A Bill to amend, modify and change the Charter of the City of Villa Rica, and for other purposes.

HB 425. By Mr. Buie of Camden:
A Bill to amend, consolidate and supersede the act incorporating the Town of Woodbine, and for other purposes.

HB 428. By Mr. Little of Peach:
A Bill to amend an act incorporating the City of Fort Valley, and for other purposes.

HB 437. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to amend the Charter of the City of Augusta and the City Council of Augusta, so as to authorize the City Council to close, abandon and declare vacant as streets a certain portion of Gwinnett Street, and for other purposes.

HB 441. By Messrs. Floyd and Weems of Chattooga:
A Bill to amend an Act incorporating the City of Summerville, and for other purposes.

TUESDAY, FEBRUARY 17, 1953

607

HB 443. By Messrs. Floyd and Weems of Chattooga:
A Bill to amend an Act incorporating the Town of Trion in the County of Chattooga, and for other purposes.

HB 452. By Messrs. Scoggin, Hall and Hicks of Floyd:
A Bill to amend an Act entitled "An Act to create a new charter and municipal government for the City of Rome, and for other purposes.

HB 453. By Messrs. Gardner and Watson of Dougherty:
A Bill to amend an Act creating and establishing a new charter for the City of Albany, and for other purposes.

HB 458. By Messrs. Scoggin, Hall and Hicks of Floyd:
A Bill to amend an Act entitled "An Act to create a new charter and municipal government for the City of Rome; to define corporate limits, and for other purposes.

HB 355. By Messrs. Ray of Warren, Lavender of Elbert, Smith of Emanuel and Twitty of Mitchell:
A Bill to provide that the income tax returns of all persons serving in the armed forces of the U. S. between Jan 1, 1950 and the termination of the Korean Conflict shall be computed or recomputed so as to allow a deduction from the gross income for any year of so much of the compensation for such services as does not or did not exceed $1500 in addition to all other deductions allowed by law, and for other purposes.

HB 357. By Messrs. Ray of Warren, Lavender of Elbert and others:
A Bill to amend section 3 (c) 2 of an act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, and for other purposes.

HB 358. By Messrs. Ray of Warren, Lavender of Elbert and others:
A Bill to provide that for income tax purposes all persons serving in the armed forces of the U. S. between Jan. 1, 1950 and the termination of the Korean Conflict may deduct from their gross income for any year so much of their compensation for such services as does not exceed $1500, and for other purposes.

HB 359. By Messrs. Ray of Warren, Lavender of Elbert, and others:
A Bill to amend an Act relating to limitations on capital gains and losses, so as to provide that the percentage of income, taken into account for any taxable year in which the net long gain exceeds the net short term capital loss shall be the same for corporations as other taxpayers, and for other purposes.

HB 17. By Messrs. Haar, McGee and Sipple of Chatham:
A Bill to amend Section 92-6910 of the Code of Georgia of 1933, relating to the chairman and secretary of the county board of tax assessors

608

JOURNAL OF THE HOUSE,

and the employment of agents to seek out unreturned property, and for other purposes.

HB 391. By Messrs. Lavender of Elbert, Ray of Warren and Campbell of Oconee:
A Bill to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, which provides for certain penalties and interest, and for other purposes.

HB 392. By Messrs. Lavender of Elbert, Ray of Warren and Campbell of Oconee:
A Bill to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, which section provides that dealers shall add the tax to the sales price and dealers failing to do so are liable for the tax themselves, so as to provide that the Attorney General shall be served a copy of all pleadings by any person raising the issue of taxability under this Act and any judgment shall be void in any case where such service is now shown; and for other purposes.

HB 393. By Messrs. Lavender of Elbert, Ray of Warren and Campbell of Oconee:
A Bill to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act providing for what shall be included within the meaning of a "retail sale" or a "sale at retail", so as to provide that sales to certain persons for resale shall be deemed taxable sales, and for other purposes.

HB 394. By Messrs. Lavender of Elbert, Ray of Warren and Campbell of Oconee:
A Bill to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act which provides for records which dealers are required to keep, and for other purposes.

HB 395. By Messrs. Lavender of Elbert, Ray of Warren and Campbell of Oconee:
A Bill to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, which provides for definitions of the term "dealers", and for other purposes.

HB 396. By Messrs. Lavender of Elbert, Ray of Warren and Campbell of .Oconee:
A Bill to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act which defines certain admission charges taxable so as to provide for a clarification of the original intent of the General Assembly that charges made for the operation of coin-operated music and amusement devices and charges made for participation in games and amusement activities are taxable, and for other purposes.

HR 89-298a. By Messrs. Harris, McKenna and Groover of Bibb:
A Resolution authorizing the Governor to exchange lands with the City of Macon and empowering the Governor to execute a conveyance, and for other purposes.
HB 181. By Messrs. Mincy and Frier of Ware:
A Bill to amend an Act entitled "An act to authorize the State of Georgia

TUESDAY, FEBRUARY 17, 1953

609

to make grants to assist in the construction of public hospitals and public health centers, and for other purposes.

HB 398. By Messrs. Lavender of Elbert, Ray of Warren and Campbell of Oconee:
A Bill to amend an Act of the Georgia Retailers' and Consumers' Sales and Use Tax Act; which provides for a statute of limitations, so as to provide that in the case of a false or fraudulent return with intent to evade the tax or a failure to file a return there shall be no statute of limitation, and for other purposes.

SR 32. By Senator Wilkes of the 53rd:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Cook County, without cost to said county, certain law books, and for other purposes.

SB 118. By Senator Edenfield of the 4th:
A Bill to require all foreign trustees as to lands in this State to designate an agent for service of summons, notice and process; to provide for service in cases where no agent upon whom service can be made is designated; to provide for jurisdiction of the Superior Courts of this State, and for other purposes.

SB 123. By Senator Parker of the 36th:
A bill to fix the salary for the commissioners of roads and revenues of Pike County, and for other purposes.

SB 124. By Senator Cheek of the 23rd:
A bill to fix the salary of the Board of Commissioners of Taylor County at $600.00 per annum each, and for other purposes.

SB 125. By Senator Hendrix of the 3rd:
A Bill to amend an Act approved August 6, 1921 (Georgia Laws, 1921, page 364), as amended, which act created the City Court of Ludowici, so as to increase the salary of the Judge of the said City Court; to repeal conflicting laws, and for other purposes.

SB 34. By Senators Coker of the 39th, Brown of the 40th, Cates of' the 17th and Holt of the 54th:
A Bill to repeal Section 84-1016 of the Code of Georgia relating to practical nurses; to provide for the licensing of practical nurses; to provide for qualifications, examinations and fees, to provide for procedures connected therewith; to provide for penalties; to repeal conflicting laws; and for other purposes.

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

610

JOURNAL OF THE HOUSE,

HB 383. By Messrs. McKenna, Groover and Harris of Bibb:
A Bill to amend an Act entitled "An act to re-enact the Charter of the City of Macon, and for other purposes.

HR 105-337i. By Messrs. Turner, McWhorter and Rutland of DeKalb:
A Resolution authorizing and directing the State Librarian to furnish to the Civil Court of DeKalb County certain volumes of Georgia Reports, and for other purposes.

The Senate has passed by substitute by the requisite constitutional majority the following bills and resolutions of the House to wit:

HB 356. By Mr. Ray of Warren:
A Bill to amend an act known as "an act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue and the office of State Revenue Commission, 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 322. By Messrs. Connell and Register of Lowndes, and others:
A Bill to be entitled an Act to amend an Act so as to increase the membership of the Milk Control Board from seven to nine members, and for other purposes.

HB 519. By Messrs. Sipple and Haar of Chatham:
A Bill to be entitled an Act to amend Chapter 87-8 of the Code of Georgia so as to provide that said Act shall apply to parking meters, and for other purposes.

HB 551. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to provide for the payment of a monthly expense allowance of $100.00 to the Sheriffs of certain counties, and for other purposes.
HB 552. By Mr. Brannen of Dooly:
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 Dooly County, and for other purposes.
HB 554. By Messrs. Lokey and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Ordinary in certain counties, and for other purposes.
HB 567. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to change the compensation of the Tax Commissioner of Carroll County, and for other purposes.

TUESDAY, FEBRUARY 17, 1953

611

HB 568. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to change the compensation of the Judge of the City Court of Carrollton, and for other purposes.

HB 573. By Messrs. Harris, Groover and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act so as to create the office of Assistant Solicitor of the City Court of Macon, and for other purposes.

HB 575. By Mr. Veal of Putnam:
A Bill to be entitled an Act to provide supplemental compensation to the Coroner of Putnam County, and for other purposes.

HB 576. By Messrs. Williams and Trapnell of Bulloch:
A Bill to be entitled an Act to amend an Act so as to provide supplemental salaries to the Clerks of Superior Courts in certain counties, and for other purposes.

HB 577. By Messrs. Williams and Trapnell of Bulloch:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Tax Commissioner of Bulloch County, and for other purposes.

HB 578. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to provide for a county tax for roads in certain counties, and for other purposes.

HB 586. By Messrs. Kemp of Clayton, H. Smith of Fulton and others:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Manchester, and for other purposes.

HB 588. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Tax Commissioner of Lanier County, and for other purposes.

HB 591. By Mr. Murphy of Haralson:
A Bill to be entitled an Act vesting in the City of Bremen power to condemn land or real estate for school purposes, and for other purposes.

HB 592. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to incorporate the City of Coleman's Lake in Emanuel County, and for other purposes.

HB 593. By Mr. Moore of White:
A Bill to be entitled an Act to establish a joint planning commission for promoting the orderly growth and development of White County and the City of Cleveland, and for other purposes.


612

JOURNAL OF THE HOUSE,

HB 594. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to require all candidates for election to the House of Representatives from Floyd County to name his incumbent opponent, and for other purposes.

HR 156-547b. By Messrs. Harris, McKenna and Groover of Bibb:
A Resolution authorizing the State Librarian to furnish certain law books to the Superior Court of Bibb County, and for other purposes.

HR 159-578a. By Mr. Greene of Crisp:
A Resolution authorizing the State Librarian to furnish certain law books to Crisp County, and for other purposes.

HR 162-584a. By Mr. Weems of Chattooga:
A Resolution authorizing the State Librarian to furnish certain law books to Chattooga County, and for other purposes.

SB 98. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide for the adoption of rules and regulations covering health and sanitation in Fulton County, and for other purposes.

SB 99. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to the use of convict labor in maintaining roads within the limits of municipalities in ce:r:tain counties, and for other purposes.

SB 102. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing for benefits and pensions to Fulton County Employees, and for other purposes.
SB 104. By Senator Millican of the 52nd: A Bill to be entitled an Act to provide for the regulation of buildings and other construction by the Commissioners of Roads and Revenues of Fulton County, and for other purposes.
SB 105. By Senator Millican of the 52nd: A Bill to be entitled an Act to provide that fire protection can be furnished to any unincorporated area of Fulton County, and for other purposes.
SB 106. By Senator Millican of the 52nd: A Bill to be entitled an Act to provide group insurance for regular county employees of Fulton County, and for other purposes.
SB 107. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide for the


TUESDAY, FEBRUARY 17, 1953

613

retirement of the Director of Public Safety of certain counties, and for other purposes.

SB 108. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide per diem to members of the Civil Service Board in Fulton County, and for other purposes.

SB 109. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing for the retirement of teachers and employees of the Board of Education of Fulton County, and for other purposes.

HB 498. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to create the Big Creek-Harts Creek Park Authority, and for other purposes.

HB 589. By Messrs. Bell, Graham and Holley of Richmond: A Bill to be entitled an Act to repeal an Act creating the AugustaRichmond County Building Authority, and for other purposes.
HR 91-298c. By Messrs. Dunaway and Cornelius of Polk: A Resolution establishing a Special Committee of the House to investigate the influence of Communism in the State of Georgia, and for other purposes.
HR 157-570a. By Messrs. Hale of Dade and Coker and Campbell of Walker: A Resolution to change the name of the Sitton's Gulch Park to the Cloudland Canyon State Park, and for other purposes.

HR 163-594a. By Mr. Stewart of Echols:
A Resolution to allow free parking to the citizens of Georgia and State employees on all property around the Capitol that is owned by the State, and for other purposes.
SB 1. By Senators Edenfield of the 4th, Blitch of the 5th and others:
A Bill to be entitled an Act creating the State Toll Bridge Authority, and for other purposes.

SB 43. By Senator Blitch of the 5th:
A Bill to be entitled an Act to amend an Act so as to increase the maximum amount of grants for the construction of public hospitals and public health centers, and for other purposes.

SB 49. By Senator Edenfield of the 4th: A Bill to be entitled an Act to amend an Act so as to provide for deter-

614

JOURNAL OF THE HOUSE,

mining the value of property transferred to the State Hospital Authority, and for other purposes.

SB 83. By Senator Adams of the 12th:
A Bill to be entitled an Act to amend Section 26-6905 of the Code of Georgia relating to the pursuance of a person's business or occupation on Sunday, and for other purposes.

SB 95. By Senator Edenfield of the 4th:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts, 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 505. By Mr. Stewart of Echols:
A Bill to be entitled an Act to abolish the County Court of Echols County, and for other purposes.
The following Committee amendment to HB 505 was read and adopted:
The Committee on Counties and County Matters moves to amend HB 505 by amending the title by inserting after the words "approved January 19, 1872 (Ga. Laws 1871-72, p. 288), as amended," the words "to exclude Echols County from the provisions of said Act;" and by amending the body of said Act by providing for a new section to be inserted after Section 1, which section shall be known as Section lA, which shall read as follows:
"Section lA. Section 1 of an Act entitled "An Act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned.", approved January 19, 1872 (Ga. Laws 1871-72, p. 288), as amended, is hereby amended by inserting after the words 'counties of Haralson,' the word 'Echols', so that said section w'hen so amended shall read in part as follows:
" 'Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Governor of the State of Georgia, by and with the advice and consent of the Senate, shall appoint for each county in said State of Georgia, except the counties of Haralson, Echols, Pickens, Pike, Cobb, Dawson, Forsyth, White, Walton, Bulloch, Paulding, Effingham, Montgomery, Charlton, Telfair, Clinch, Coffee, Irwin, Sumter, Wilkinson, Gilmer, Appling, Fannin, Jefferson, Colquitt, Worth, Mitchell, Emanuel, Johnson, Glascock, Fayette, Union, Franklin, Chatham, Tattnall, Harris, Chattooga, Wilcox, Talbot, Ware, Bartow, Cherokee, DeKalb, Banks, Pierce, Towns, and Milton, .. .'"

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.

TUESDAY, FEBRUARY 17, 1953

615

HB 533. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act providing a charter for the City of Cumming, and for other purposes.

The report 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 77. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to authorize the use of voting machines 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 82. By Senator Millican of the 52nd:

A Bill to be entitled an Act authorizing the Judges of Superior Courts

in certain counties to continue grand juries beyond the terms for which

they were impanelled, and for other purposes.



The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 475. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act so as to create and establish a new charter for the City of Baconton, and for other purposes.

The report 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 565. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act so as to change the amount of ad valorem taxes levied by 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.

616

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 569. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act so as to provide for the assessment of the total cost of paving streets and sidewalks in the City of Carrollton to the abutting property owners, and for other purposes.

The report 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 570. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act so as to provide for the operation of the Water and Sewerage Systems of Carrollton by the Mayor and City Council, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 94. By Senator Jordan of the 25th:
A Bill to be entitled an Act to amend an Act so as to provide for the levy of a license tax for business occupations in the Town of Woodland, and for other purposes.

The report 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 115. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to pensions to members of paid fire 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 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 17, 1953

617

SB 116. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to 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 113, 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 amend an Act so as to provide further for membership of the Board of Trustees of 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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Mr. Lokey of Fulton gave notice that at the proper time he would move that the House reconsider its action in passing SB 117.

SB 47. By Senator Walker of the 45th:
A Bill to be entitled an Act to amend an Act so as to change the compensation of 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 48. By Senator Walker of the 45th:
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 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 440. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to provide that in certain cities members of the City Council shall be competent to hold other public offices, and for other purposes.

618

JOURNAL OF THE HOUSE,

The following Substitute to HB 440, offered by Messrs. Bell, Graham and Holley of Richmond, was read and adopted:

A BILL
To be entitled an Act to provide that in cities having a population of seventy thousand or more according to the official census of the United States of 1950, or any future census, Members of the City Council or Board of Aldermen during the term of office for which they are chosen shall be competent to hold any other office, including that of Mayor, in said cities where they are elected by the qualified voters, provided that they resign the office of Councilman or Alderman before taking the oath of office, to validate all elections heretofore held of Councilmen or Aldermen to any office, including that of Mayor, to repeal conflicting laws, and for other purposes.

SECTION 1.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same as follows:
1. Members of the City Council or Board of Aldermen of all cities in the State of Georgia having a population of seventy thousand or more according to the official census of the United States of 1950, or any future census, shall be competent during the term of office for which they were elected to hold any other office, including that of Mayor, to which they shall be elected by the qualified voters of such cities, provided they resign the office of Councilman or Alderman before they take the oath of office to which they are elected.
2. The election by the qualified voters of any such city of a Member of the City Council or the Board of Aldermen to any office, including that of Mayor, to serve during the term to which he was elected as such member, in any election heretofore held in any such city, is hereby validated and declared to be legal, provided such member resign as a Member of the City Council or Board of Aldermen prior to taking the oath of office to which he was elected at such election.

SECTION 2.
Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time, and referred to the Committees :

TUESDAY, FEBRUARY 17, 1953

619

SB 34. By Senators Coker of the 39th, Brown of the 40th, Cates of the 17th and Holt of the 54th:
A Bill to be entitled an Act to repeal an Act relating to practical nurses; to provide for the licensing of practical nurses, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 118. By Senator Edenfield of the 4th:
A Bill to be entitled an Act to require all foreign trustees as to lands in this State to designate an agent for service of summons, notice and process, and for other purposes.
Referred to the Committee on General Judiciary # 1.

SB 123. By Senator Parker of the 36th:
A Bill to be entitled an Act to fix the salary for the Commissioners of Roads and Revenue of Pike County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 124. By Senator Cheek of the 23rd:
A Bill to be entitled an Act to fix the salary of the board of Commissioners of Taylor County at $600.00 per annum each, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 125. By Senator Hendrix of the 3rd:
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 Counties and County Matters.

SR 32. By Senator Wilkes of the 53rd:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Cook County, without cost to said county, certain law books, and for other purposes.
Referred to the Committee on Public Library.

The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 105-337i. By Messrs. Turner, McWhorter and Rutland of DeKalb:
A Resolution authorizing the State Librarian to furnish certain law books to the Civil Court of DeKalb County, and for other purposes.
The following Senate amendment to HR 105-337i was read:
The Committee of the Senate on General Judiciary moves to amend HR 105-337i by adding to the last sentence of said Resolution the following words, to-wit: "on any unappropriated funds in the State Treasury."

620

JOURNAL OF THE HOUSE,

Mr. Turner of DeKalb moved that the House agree to the Senate amendment to HR 105-337i.
On the motion to agree, the ayes were 121, nays 0.
The Senate amendment to HR 105-337i was agreed to.
By unanimous consent, the following Bills of the House and Senate were withdrawn from the Committee on Counties and County Matters, read the second time, and recommitted :

HB 433. By Messrs. Brantley and Adams of Upson:
A Bill to be entitled an Act to provide for the terms of office of the members of the Board of Commissioners of Roads and Revenues of Upson County, and for other purposes.

HB 432. By Messrs. Adams and Brantley of Upson:
A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Upson County, and for other purposes.

HB 478. By Mr. Cummings of Seminole:
A Bill to be entitled an Act to abolish the present Board of County Commissioners of Seminole County, and for other purposes.

SB 103. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act applying to certain counties for the performance of health functions in certain cities, and for other purposes.

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

HB 518. By Messrs. Ray of Warren, Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act relating to deductions allowed from gross income in computing net income for the purpose of collecting an income tax on net income, and for other purposes.

HB 534. By Messrs. Lokey of Fulton and Ray .of Warren:
A Bill to be entitled an Act to amend an Act by changing the amount of initial payment for the purpose of reporting income on the installment plan, and for other purposes.
HB 535. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend an Act so as to provide the amount of income a beneficiary of a trust may receive from said trust, and for other purposes.
HB 536. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend an Act relating to the rate of income tax on corporations, and for other purposes.

TUESDAY, FEBRUARY 17, 1953

621

HB 537. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend an Act providing for the deduction of taxes from gross income, and for other purposes.

HB 538. By Messrs Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend an Act relating to deduction of net operating losses from gross income, and for other purposes.

HB 539. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act known as the General Tax Act so as to make certain changes in the license tax of corporations, and for other purposes.

HB 540. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act so as to strike therefrom the words "or to sewing machine companies", and for other purposes.

HB 541. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act providing for a tax on foreign corporations, and for other purposes.

HB 542. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend an Act providing for the amount of exemptions of allowed trusts and estates, and for other purposes.

By unnaimous consent, the following Resolution of the House was withdrawn from the Committee on Special Appropriations, read the second time, and recommitted:

HR 8-42b. By Mr. Greene of Crisp:
A Resolution compensating the Strickland Motor Company for damages, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on General Judiciary No. 2, read the second time, and recommitted:

HB 183. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to authorize municipalities to dispose of municipal property which is subject to condemnation, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on General Agriculture No. 1, read the second time, and recommitted:



622

JOURNAL OF THE HOUSE,

HB 381. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend an Act so as to provide for the issuance of permits authorizing a report in lieu of certain tax stamps, and for other purposes.

The following Resolution of the House was read and adopted:

HR 167. By Mr. Smith of Emanuel:

A RESOLUTION
WHEREAS: In the past, group pictures have always been made of the Members of the General Assembly, and
WHEREAS: The General Assembly of Georgia does not choose to break a long standing precedent,
NOW THEREFORE BE IT RESOLVED by the House of Representatives, that the Secretary of State is hereby directed and authorized to contract with a commercial photographer to make these pictures, and is also directed and authorized to transmit these pictures to the Members of the General Assembly, and that the cost of photography for this service be paid for out of the funds provided for the Legislature at an expenditure not exceeding $1,295.00.

Under the order of Unfinished Business, the following Bill of the House was again taken up for consideration:

HB 128. By Messrs. H. Smith of Fulton and Hollis of Muscogee:
A Bill to be entitled an Act to establish uniform traffic laws in the State of Georgia, and for other purposes.
Mr. Willingham of Cobb moved that HB 128 be tabled.
On the motion to table, the ayes were 31, nays 85.
The motion to table was lost.
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.
Further consideration of HB 128 was resumed.
The following amendments to HB 128 were read and adopted:
The Committee on Motor Vehicles move to amend HB 128 by striking from Section 2(e) the following words: "of municipal or public service corporations, licensed medical doctors".
The Committee on Motor Vehicles moves to amend HB 128 by striking Section 25 (b) and substituting therefor the following: "The pro" visions of this Act shall not apply to persons, teams, motor vehicles, and

TUESDAY, FEBRUARY 17, 1953

623

other equipment while at a place where work is in process on the highway or a bridge and while engaged in such work, but shall apply to such persons and vehicles when travelling to or from such places where work is in progress."

The Committee on Motor Vehicles moves to amend HB 128 by striking from Section 28 the provisos at the end thereof.
Mr. Hollis of Muscogee moves to amend House Bill No. 128 by:
Inserting after subsection (b) in Section 35 of said Bill, the following subsections:
"1. Vehicular traffic facing the signal is thereby warned that the red or 'stop' signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red or 'Stop' signal is exhibited.
"2. No pedestrian facing such signal shall enter the roadway until the green or 'Go' is shown alone, unless authorized so to do by a pedestrian 'Walk' signal.
"(c) Red alone or 'Stop.'
"1. Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection, or at such other point as may be indicated by a clearly visible line, and shall remain standing until green or 'Go' is shown alone.
"2. No pedestrian facing such signal shall enter the roadway until the green or 'Go' is shown alone, unless authorized so to do by a pedestrian 'Walk' signal.
" (d) Red with green arrow.
"1. Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.
"2. No pedestrian facing such signal shall enter the roadway until the green or 'Go' is shown
alone, unless authorized so to do by a pedestrian 'Walk' signal.
"(e) In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal."

Mr. Perkins of Carroll moves to amend HB 128 by striking from Section 38 the last 26 words of the first sentence of this section.
Mr. Hollis of Muscogee moves to amend HB 128 by striking from Section 49(b)3 the words "motor vehicles" wherever they appear and substituting therefor the words "trucks or truck-tractors and trailers" and by adding at the end of said paragraph the following: "This sub-paragraph shall not apply to busses.''

624

JOURNAL OF THE HOUSE,

The Committee on Motor Vehicles move to amend HB 128 by adding at the end of Section 103 the following: "provided, however, the driver or person in charge of such vehicle shall cause such vehicle to be removed from the roadway as promptly as possible."
Mr. Lovett of Laurens moved that HB 128 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.:

Baughman Bloodworth Bray Buie Campbell of Oconee Clark Clary Cloud Denton Drinkard Edwards

Flynt Gilder Grimsley Henderson Hopkins Ingle Jackson Jordan of Gwinnett Lavender Layton Lovett

Those voting in the negative were Messrs.:

Adams of Evans Adams of Upson Alexander Ayers Barber of Jackson Bell Bentley Birdsong Blalock Bodenhamer Boggus
Bolton Brannen Brantley Britton Brooks Brown Carswell Carter Chastain Coffin Conger
Cornelius Cummings
Deal Dean of Towns Deen of Bacon Dews Dunaway
Duncan Edenfield

Floyd Foster Fowler Freeman Frier Gardner Garrard Gillis Goodson Graham Gowen Green of Baldwin Green of Rabun Greene of Crisp Greer Groover of Bibb Groover of Troup Gunter Haar Hamilton Harper
Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Hicks Hollis Holloway
Holton Huddleston

McCracken Moate Moye Musgrove Raulerson Rowland Stewart Tallant Tamplin
Hurst Ivey Jessup Johnson Jones of Lumpkin Kemp Key King Lewis Lifsey Lokey Matthews Mincy Mishoe Mobley Moore of Pickens Moore of White Murphey of Crawford Murphy of Haralson Murr Perkins Pickard Ray Register Russell Rutland Scoggin Sipple of Chatham Sivell Smith of Cobb Hoke Smith of Fulton

TUESDAY, FEBRUARY 17, 1953

625

M. M. Smith of Fulton Stephens of Clarke Stocks Tarbutton Tarpley
Todd Trapnell

Tumlin Twitty Upshaw Wardlow Watson White Whitener

Wiggins
Williams of Bulloch Willis Wooten Young

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

On the motion to table, the ayes were 31, nays 112.

'l'he motion to table was lost.

The following amendments to HB 128 were read and adopted:

Mr. Hollis of Muscogee moves to amend HB 128 by striking from Section 117 the word "light" and substituting the word "visibility".

Mr. Harrison of Wayne moves to amend HB 128 by adding a section to be known as Sub-Section 121 and to read as follows:

"Any motor vehicle which is used on official business by any person authorized to make arrests for traffic violations in this State, or any municipality or county thereof, shall be distinctly marked on each side and the back with the name of the agency responsible therefor, in letters not less than six (6) inches in height."

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock tomorrow morning.
The motion to adjourn prevailed, and HB 128 was carried over until tomorrow under the order of Unfinished Business.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.

626

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 18, 1953.

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 Reverend Claude C. Boynton, Pastor, First Methodist Church, Blairsville, Georgia.

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

Mr. Garrard of Wilkes, 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. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 of the House were introduced, read the first time, and referred to the Committees:

HB 615. By Mr. Denton of Paulding:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Paulding County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 616. By Mr. Buie of Camden:
A Bill to be entitled an Act to define a safety match; to provide that it shall be unlawful for any person, company, corporation or partnership to purchase or sell any match except a safety match, and for other purposes.
Referred to the Committee on Public Welfare.

WEDNESDAY, FEBRUARY 18, 1953

627

HB 617. By Mr. Holloway of Gilmer:
A Bill to be entitled an Act to amend an Act creating the office of County Commissioner and an Advisory Board of Gilmer County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 618. By Mr. Stewart of Echols:
A Bill to be entitled an Act to require all persons, firms and corporations engaged in the business of transporting fare paying passengers to provide such passengers with a seat, and for other purposes.
Referred to the Committee on Industrial Relations.

HB 619. By Mr. Short of Colquitt:
A Bill to be entitled an Act to establish an airport authority for Colquitt County to be known as "Colquitt County Airport Authority", and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 168-619a. By Mr. Duncan of Carroll:
A Resolution to clarify and state the intention of the General Assembly of Georgia in defining the word "Literature," in House Bill 247 known and entitled an Act to provide for the Creation of a State Literature Commission, etc., and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 620. By Mr. Stewart of Echols:
A Bill to be entitled an Act to establish the Retail Florist Board of Georgia; to provide for the appointment of members thereof, and for other purposes.
Referred to the Committee on State of Republic.

HB 621. By Messrs. Jordan and White of Gwinnett:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish the City Court of Buford, and for other purposes.
Referred to the Committee on Municipal Government.

HB 622. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act relating to the compensation of the members of the County Boards of Education, so as to increase such compensation, and for other purposes.
Referred to the Committee on Education # 1.
HB 623. By Mr. Lovett of Laurens: A Bill to be entitled an Act to amend an Act creating a new charter

628

JOURNAL OF THE HOUSE,

for the City of Dublin, relating to the assessed valuation of farm lands and other lands, and for other purposes.
Referred to the Committee on Municipal Government.

HR 169-623a. By Messrs. Lovett and Gilder of Laurens:
A Resolution proposing an amendment to the Constitution so as to provide for the merger of the existing school system and school district of the City of Dublin and the existing school district in the County of Laurens, etc., and for other purposes.
Referred to the Committee on Amendment to Constitution # 1.

HB 624. By Mr. Parker of Baldwin:
A Bill to be entitled an Act to amend an Act entitled "An Act to recognize alcoholism as an illness and a public health problem; to create the Georgia Commission on Alcoholism, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HR 170-624a. By Messrs. Ray of Warren, Smith of Emanuel, Campbell of Oconee, Phillips of Columbia, Twitty of Mitchell and Hand of Mitchell and many others:
A Resolution proposing an amendment to the Constitution, providing for the allocation of sales tax revenue to the Board of Regents, the State Board of Education, and the Teacher Retirement System for educational purposes.
Referred to the Committee on State of Republic.

HR 171-624b. By Messrs. Register of Lowndes, Lewis of Greene, Musgrove of Clinch, Conger of Decatur, Birdsong of Troup and many others:
A Resolution appointing a committee to survey the problems involved in the construction of a new Governor's Mansion, and for other purposes.
Referred to the Committee on State of Republic.

HR 172-624c. By Mr. Perkins of Carroll:
A Resolution to provide that whenever officials or employees of the State are prevented from observing any legal holiday due to the General Assembly being in session, the Governor may designate another day as a legal holiday.
Referred to the Committee on State of Republic.

HR 173-624d. By Mr. Lanier of Candler:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Candler County certain enumerated volumes of the Georgia Reports and the Georgia Appeals Reports which have been lost or destroyed, and for other purposes.
Referred to the Committee on Public Library.

WEDNESDAY, FEBRUARY 18, 1953

629

HB 625. By Messrs. McKenna, Harris and Groover 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 626. By Messrs. Connell of Lowndes, Smith of Emanuel, Greer of Lanier, McCracken of Jefferson and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act creating the Bill Drafting Unit, so as to make changes in the provisions relating to the Deputy Director, and for other purposes.
Referred to the Committee on State of Republic.

HB 627. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to provide compensation in addition to fees for the Tax Collector of Dougherty County, and for other purposes.
Referred to the Committee on Counties and County Matters.

By unanimous consent, the House reconsidered its action in passing the following Bill of the House:

SB 117. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to pensions for certain officers and employees of certain cities, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Counties and County Matters, read the second time, and recommitted:

HB 612. By Mr. Drinkard of Lincoln:
A Bill to be entitled an Act to supplement the :fees o:f the Tax Receiver of Lincoln County, and for other purposes.

Mr. Lavender of Elbert County, Chairman o:f 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 528. Do Pass.
HB 530. Do Pass. HB 527. Do Pass. HB 583. Do Pass.

630

JOURNAL OF THE HOUSE,

HB 584. Do Pass. HB 529. Do Pass. HB 612. Do Pass. HB 521. Do Pass. HB 164. Do Pass. HB 547. Do Pass. SB 38. Do Pass. SB 103. Do Pass.

Respectfully subm1tteti, Lavender of Elbert, Chairman.

Mr. Duncan of Carroll 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
Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 526. 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 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 381. Do Pass as amended.. Respectfully submitted,
Campbell of Oconee,
Chairman.

Mr. Campbell of Oconee County, Chairman of the Committee on General
Agriculture # 1, submitted the following report:

WEDNESDAY, FEBRUARY 18, 1953

631

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 recommendation:
HB 613. Do Pass as amended.
Respectfully submitted,
Campbell of Oconee,
Chairman.

Mr. Lanier of Candler 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 598. Do Pass.
SB 76. Do Pass as amended.
Respectfully submitted,
Lanier of Candler,
Chairman.

Mr. Hollis of Muscogee 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 recommendation:
SB 118. Do Pass as amended.
Respectfully submitted,
Hollis of Muscogee,
Chairman.

Mr. Willingham of Cobb 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 177. Do Pass by substitute.

632

JOURNAL OF THE HOUSE,

HB 183. Do Pass by substitute. HB 201. Do Pass as amended.

Respectfully submitted, Willingham of Cobb, Chairman.

Mr. Hoke Smith of Fulton 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 595. Do Pass. HB 596. Do Pass. HB 599. Do Pass. HB 600. Do Pass. HB 608. Do Pass. HB 609. Do Pass. HB 604. Do Pass. HB 607. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.

Mr. Brooks of Oglethorpe 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 187. Do Pass.
HB 504. Do Pass.
Respectfully submitted,
Brooks of Oglethorpe,
Chairman.

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

WEDNESDAY, FEBRUARY 18, 1953

633

Mr. Speaker: Your Committee on Ways and Means 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 518. Do Pass. HB 524. Do Pass. HB 534. Do Pass. HB 535. Do Pass. HB 536. Do Pass. HB 538. Do Pass. HB 539. Do Pass as amended. HB 540. Do Pass. HB 541. Do Pass. HB 542. Do Pass. HB 99. Do Pass, as amended.
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 by the requisite constitutional majority the following bills and resolutions of the House and Senate to wit:

SB 131. By Senator Millican of the 52nd:
A Bill to repeal an Act providing a budget law in counties of 200,000 or more and to create a new county budget law in all counties of 200,000 or more, and for other purposes.

HB 70. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel:
A Bill to amend an Act relating to the recommendation by the Grand Jury as to the operation or suspension of the Alternative Road Law, so as to replace such recommendation by the Grand Jury with the resolution of the county governing authority, and for other purposes.

HB 133. By Mr. Dean of Towns:
A Bill to amend an Act relating to voting by absentee ballots, and for other purposes.

634

JOURNAL OF THE HOUSE,

SB 110. By Senator Millican of the 52nd:
A Bill to amend an Act approved February 15, 1952, which provides for a joint City-County Board of Tax Assessors in all counties having a city of more than 300,000; to provide that the Board of Tax Appeals and Equalization be stricken; to provide for arbitration; to provide for manner of payment of arbitrators and umpire, and for other purposes.

SB 130. By Senator Millican of the 52nd:
A Bill to require the Commissioners of Roads and Revenues of Fulton County to supplement the funds of County Board of Education from any fund in the Treasury of said county derived from sources other than taxation, and for other purposes.

SR 30. By Senator Millican of the 52nd:
A Resolution directing the State Revenue Commissioner to furnish the General Assembly a list of all persons who have filed State income tax returns and still owe money thereon, and for other purposes.

SR 38. By Senator Wilkes of the 53rd:
A Resolution creating a committee composed of five members representing industry of the State to be appointed by the Governor, as well as the Chairman of the Finance Committee of the Senate, Chairman of Ways and Means Committee of the House, the State Revenue Commissioner, the Attorney General and two other members to be selected from the House of Representatives by the Speaker and two members of the Senate to be selected by the Lieutenant Governor, to study and consider the question of whether and to what extent sales and use taxes should apply to industrial materials used in manufacturing, processing and converting, and for other purposes.

HB 150. By Messrs. Bolton and Harper of Spalding and Murphey of Crawford:
A Bill to amend an Act providing for fees to be paid the Coroners of . this State, so as to provide that the coroners shall receive a fee of $25.00 for summoning an inquest on a dead body and returning an inquisition, and for other purposes.

HB 151. By Messrs. Bolton and Harper of Spalding:
A Bill to amend an Act which provides for the coroner summoning a jury and provides for payment to the jurors for their services, and for other purposes.

HB 366. By Messrs. Carswell of Burke and others:
A Bill 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.
HB 367. By Messrs. Adams and Brantley of Upson and others:
A Bill to amend an Act relating to the application and trial of divorce disabilities, by providing that the Judge trying applications for relief

WEDNESDAY, FEBRUARY 18, 1953

635

from divorce disabilities shall be able to remove such disabilities without the findings of a jury where no cross-action or formal objections are filed, and for other purposes.

HB 379. By Messrs. Hale of Dade and others:
A Bill to amend an Act creating the Lookout Judicial Circuit (Now Lookout Mountain Judicial Circuit), and for other purposes.

HB 389. By Messrs. McCracken of Jefferson, Musgrove of Clinch, Gowen of Glynn and Connell of Lowndes:
A Bill to amend an Act relating to the appointment of land processioners, so as to provide that the Ordinary in each county shall appoint such processioners, and for other purposes.

HR 90. By Messrs. Stephens of Clarke, Layton of Irwin and others:
A Resolution designating certain roads as Route No. 2 of the Jefferson Davis Highway, and for other purposes.

HR 103. By Mr. Mauldin of Gordon:
A Resolution to provide for the furnishing of certain law books by the State Librarian to the Clerk of the Superior Court of Gordon County, and for other purposes.

HR 108. By Mr. lvey of Newton:
A Resolution to provide for the furnishing of certain law books by the State Librarian to the Ordinary of Newton 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 13. By Mr.Freeman of Monroe:
A Bill to provide that the State Board of Education shall prescribe and approve text books for a course in Federal and State Government to be taught in high schools; to provide that the course shall be taught for a period of not less than thirty minutes a day for a complete school year, and for other purposes.

HB 47. By Mr. M. M. Smith of Fulton:
A Bill to lend dignity and respect to the Judiciary of this State by requiring all Judges to wear black robes while presiding in court, and to provide for the keeping of flags in the courtrooms, etc, and for other purposes.

HB 59. By Mr. Rowland of Johnson:
A Bill to provide that from and after the passage of this Act no municipal corporation or county authority of this State shall levy or collect any license, occupation or professional tax upon practitioners of Law,

636

JOURNAL OF THE HOUSE,

Medicine, Osteopathy, Chiropractic, Chiropody, Dentistry, Optometry, Masseur, Public Accounting, Embalming, Civil, Mechanical Hydraulic or Electrical Engineering or Architecture, and for other purposes.

HB 100. By Messrs. Murphy of Haralson, Cornelius of Polk, Fowler of Douglas, White of Gwinnett, Dunaway of Polk, Smith of Cobb and Jordan of Gwinnett:
A Bill to amend an Act to provide for the creation of the office of Solicitor-General Emeritus, etc., and for other purposes.

The Senate has passed by substitute the requisite constitutional majority the following bill of the House to-wit:

HB 386. By Mr. Twitty of Mitchell:
A Bill to amend Section 92-5301 of the Code of Georgia, relating to the commissions of the tax receiver and the tax collector, by changing the classes and amounts of commissions, and for other purposes.

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

HB 99. By Messrs. Bell and Holley of Richmond and Ray of Warren:
A Bill to be entitled an Act to amend an Act so as to provide for the classification of loans secured by agricultural commodities for intangible tax purposes, and for other purposes.

HB 164. By Messrs. Birdsong and Groover of Troup:
A Bill to be entitled an Act to amend an Act providing for the abolition of the fee system and for the salaries of officials in certain counties, and for other purposes.

HB 177. By Messrs. McKenna, Harris, and Groover of Bibb:
A Bill to be entitled an Act to amend Section 38-1501 of the Code of Georgia so as to provide for increased compensation for certain witnesses, and for other purposes.

HB 187. By Messrs. H. Smith of Fulton, Twitty of Mitchell, and others:
A Bill to be entitled an Act to amend Section 84-9903 of the Code of Georgia so as to provide that the practice of architecture by persons not registered shall be a misdemeanor, and for other purposes.

HB 504. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend Section 71-102 of the Code of Georgia so as to change the age limits of Notaries Public, and for other purposes.

HB 521. By Messrs. Willis and Chastain of Thomas: A Bill to be entitled an Act to amend an Act so as to change the qualifi-

WEDNESDAY, FEBRUARY 18, 1953

637

cations of banks with which the County Treasurer of Thomas County is to do business, and for other purposes.

HB 524. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to provide for a $1500 deduction from gross income by Korean veterans for income tax purposes, and for other purposes.

HB 526. By Mr. Bell of Richmond.
A Bill to be entitled an Act to create a new word to be known as "andor", and for other purposes.

HB 527. By Mr. Gillis of Treutlen:
A Bill to be entitled an Act to supplement the compensation of the Ordinary of Treutlen County, and for other purposes.

HB 528. By Mr. Gillis of Treutlen:
A Bill to be entitled an Act to amend an Act so as to fix the compensation of the Clerk of the Board of Commissioners of Roads and Revenues of Treutlen County, and for other purposes.

HB 529. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to change from the fee to the salary system the Compensation of certain officers in certain counties, and for other purposes.

HB 530. By Mr. Gillis of Treutlen:
A Bill to be entitled an Act to supplement the compensation of the Tax Commissioner of Treutlen County, and for other purposes.

HB 595. By Mr. Drinkard of Lincoln:
A Bill to be entitled an Act to create a new charter for the City of Lincolnton, and for other purposes.

HB 596. By Messrs. Murr and Carter of Sumter:
A Bill to be entitled an Act to amend an Act so as to change the ad valorem taxes levied by the City of Americus, and for other purposes.

HB 598. By Messrs. Lanier of Candler, Black of Webster and others:
A Bill to be entitled an Act to provide for the Sanitizing of garbage fed to domestic animals, and for other purposes.

HB 599. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act so as to provide the rules of practice and procedure in the City Court of Sylvester, and for other purposes.

638

JOURNAL OF THE HOUSE,

HB 547. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Tax Commissioner of Monroe County, and for other, purposes.

HB 600. By Mr. Williams of Franklin:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of Franklin Springs, and for other purposes.

HB 604. By Mr. Harrison of Wayne: A Bill to be entitled an Act to create a new charter for the City of Odum, and for other purposes.
HB 607. By Messrs. Lokey, M. Smith, and H. Smith of Fulton: A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Hapeville, and for other purposes.
HB 608. By Messrs. Lokey, H. Smith and M. Smith of Fulton: A Bill to be entitled an Act to amend an Act so as to exclude certain property from the city limits of Atlanta, and for other purposes.
HB 609. By Messrs. Graham, Bell and Holley of Richmond: A Bill to be entitled an Act to amend an Act so as to provide pension rights to certain members of the police and fire departments of the City of Augusta, and for other purposes.
HB 613. By Mr. Green of Rabun: A Bill to be entitled an Act to promote research in any and all phases of agriculture and livestock, and for other purposes.
SB 76. By Senator Lord of the 20th: A Bill to be entitled an Act to prohibit livestock from running at large on public roads, and for other purposes.

SB 118. By Senator Edenfield of the 4th:
A Bill to be entitled an Act to require all foreign trustees of lands to designate an agent for service of summons, and for other purposes.

By unanimous consent, the following Bill of the House was again taken up for consideration:

SB 117. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend an Act relating to pensions for certain officers and employees of certain cities, and for other purposes.
The following amendment to SB 117 was read and adopted:

WEDNESDAY, FEBRUARY 18, 1953

639

Messrs. Lokey, M. Smith and H. Smith of Fulton move to amend SB 117 as follows:
1. By adding to the caption, after the word "county" in the 20th line thereof, the following:
"to define the pension rights of certain employees and their dependents."
2. By striking Section 3 and inserting in lieu thereof the following Section 3:
"Section 3. Such transferred officers or employees of the Board of Education of any such county shall have further rights as hereinafter set out in this Section:
"(a) If any such transferred officer or employee had designated a beneficiary or beneficiaries as permitted by any applicable provision of the laws and regulations relating to the pension fund of the Board of Education of such county and had paid the required amounts into such pension fund for such benefits, such designated beneficiary in life at the time of the transfer of such officer or employee to the City shall be entitled to receive sixty per cent. of the pension that any such transferred officer or employee may be entitled to receive or may be receiving at the time of his or her death: Provided that no such pension shall be paid to any minor child or children of such transferred officer or employee after any such child has arrived at the age of eighteen years.
"(b) Any such transferred officer or employee may, as a matter of right, retire from active service provided he shall have served:
"(1) At least twenty-five years in active service and has reached the age of fifty-five years; or
"(2) Has had twenty years active service and has reached the age of sixty 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration, and read the third time:
HR 156-547b. By Messrs. Harris, McKenna and Groover of Bibb:
A Resolution authorizing the State Librarian to furnish certain law books to the Superior Court of Bibb 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.

640

JOURNAL OF THE HOUSE,

HB 551. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to provide for the payment of a monthly expense allowance of $100.00 to the Sheriff 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 552. By Mr. Brannen of Dooly: 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 Dooly 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 554. By Messrs. Lokey and M. Smith of Fulton: A Bill to be entitled an Act to amend an Act so as to increase the salary of the Ordinary 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.
HB 567. By Messrs. Perkins and Duncan of Carroll: A Bill to be entitled an Act to change the compensation of the Tax Commissioner of Carroll County, and for other purposes.

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

HB 568. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to change the compensation of the Judge of the City Court of Carrollton, and for other purposes.

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

WEDNESDAY, FEBRUARY 18, 1953

641

On the passage of the bill, the ayes were 109, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 573. By Messrs. Harris, Groover and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act so as to create the office of Assistant Solicitor of the City Court 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 575. By Mr. Veal of Putnam;
A Bill to be entitled an Act to provide supplemental compensation to the Coroner of Putnam 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 576. By Messrs. Williams and Trapnell of Bulloch:
A Bill to be entitled an Act to amend an Act so as to provide supplemental salaries to the Clerks of Superior Courts 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 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 577. By Messrs. Williams and Trapnell of Bulloch:
A Bill to be entitled an Act to amend an Act so as to increase 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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 578. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to provide for a county tax for roads in certain counties, and for other purposes.

642

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.

HR 159-578a. By Mr. Greene of Crisp:
A Resolution authorizing the State Librarian to furnish certain law books to Crisp 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.
HR 162-584a. By Mr. Weems of Chattooga:
A Resolution authorizing the State Librarian to furnish certain law books to 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 116, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 586. By Messrs. Kemp of Clayton, H. Smith of Fulton and others:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of 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 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 588. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Tax Commissioner 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 18, 1953

643

HB 589. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to repeal an Act creating the AugustaRichmond County 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 119, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 591. By Mr. Murphy of Haralson:
A Bill to be entitled an Act vesting in the City of Bremen power to condemn land or real estate 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 120, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 592. By Mr. Smith of Emanuel: A Bill to be entitled an Act to incorporate the City of Coleman's Lake in Emanuel County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 593. By Mr. Moore of White: A Bill to be entitled an Act to establish a joint planning commission for promoting the orderly growth and development of White County and the City of Cleveland, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 594. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to require all candidates for election to the House of Representatives from Floyd County to name his incumbent opponent, and for other purposes.

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

644

, JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 123, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 98. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide for the adoption of rules and regulations covering health and sanitation in Fulton County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, 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 an Act relating to the use of convict labor in maintaining roads within the limts of municipalities 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 pasage of the bill, the ayes were 104, 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 amend an Act providing for benefits and pensions to Fulton 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.
SB 104. By Senator Millican of the 52nd: A Bill to be entitled an Act to provide for the regulation of buildings and other construction by the Commissioners of Roads and Revenues of Fulton County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 105. By Senator Millican of the 52nd: A Bill to be entitled an Act to provide that fire protection can be fur-

WEDNESDAY, FEBRUARY 18, 1953

645

nished to any unincorporated area of Fulton County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 106. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide group insurance for regular county 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 107. By Senator Millican of tlhe 52nd:
A Bill to be entitled an Act to amend an Act so as to provide for the retirement of the Director of Public Safety 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.

SB 109. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing for the retirement of teachers and employees of the Board of Education of Fulton County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, 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 amend an Act so as to provide per diem to members of the Civil Service Board in Fulton County, and for other purposes

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

was agreed to.



646

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 183. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to authorize municipalities to dispose of municipal property which is subject to condemnation, and for other purposes.

The following Committee substitute to HB 183 was read and adopted:

A BILL
To be entitled an Act to authorize any municipalities of the State of Georgia owning property in the area to be covered by Lake Lanier upon the construction of the Buford Dam to contract, sell, lease, and otherwise dispose of said property owned by said municipalities which is subject to condemnation by the United States; to provide that said power shall be in addition to power relating to the disposition of public utility plants or properties now possessed by municipalities under the laws, of this State; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.
When property, including real estate, lands, personal property, or any other type or kind, owned by municipalities of the State of Georgia, lies or is within the Basin of Lake Lanier to be formed by the construction of the Buford Dam and is needed by the United States for the purpose of constructing said Dam or Lake, and the condemnation of said property is contemplated or authorized, or both, the municipalities of the State of Georgia owning such property lying within said Lake or Basin area, acting through their duly constituted and elected governing bodies, are authorized to negotiate and contract, to sell, lease, assign, transfer and convey any and all such real estate, lands, personal property, and all other types and kinds of property lying within said Lake or Basin area to the United States at public or private sale, without advertising as in their judgment they may deem to be for the best interest of said municipalities; and said municipalities are authorized and empowered to excute deeds, notes, contracts, leases, and any and all other types and kinds of instruments or papers necessary to effect said transactions. The powers provided herein shall be in addition to the powers relating to the disposition of public utility plants or properties now possessed by municipalities under the laws of the State, but said powers shall apply only to those municipalities owning property lying within the proposed basin of Lake Lanier to be formed by the construction of the Buford Dam.

SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.

WEDNESDAY, FEBRUARY 18, 1953

647

The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 583. By Messrs. Turner, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating the Civil Court of DeKalb County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 584. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A Bill to be entitled an Act to amend an Act to authorize the election of a Commissioner of Roads and Revenues for DeKalb County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, 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 the performance of health functions in certain cities 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 115, 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 110. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act which provides for a jointCity-County Board of Tax Assessors in all counties having a city of more than 300,000, and for other purposes. Referred to the Committee on Counties and County Matters.
SB 130. By Senator Millican of the 52nd: A Bill to be entitled an Act to require the Commissioners of Roads and

648

JOURNAL OF THE HOUSE,

Revenues of Fulton County to supplement the funds of 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 131. By Senator Millican of the 52nd:
A Bill to be entitled an Act to repeal an Act providing a budget law in counties of 200,000 or more and to create a new County Budget Law in all counties of 200,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.

SR 30. By Senator Millican of the 52nd:
A Resolution directing the State Revenue Commissioner to furnish the General Assembly with a list of delinquent taxpayers, and for other purposes.
Referred to the Committee on State of Republic.

SR 38. By Senator Wilkes of the 53rd:
A Resolution creating a Committee to study and consider the question of whether and to what extent sales and use taxes should apply to industrial materials used in manufacturing, processing and concerting; and for other purposes.
Referred to the Committee on Ways and Means

The following Bills of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:

HB 59. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to provide that only the municipality in which the principal office of certain professional men is located can levy a license on such professional men, and for other purposes.

The following Senate amendment to HB 59 was read:
Senate Committee on Finance moves to amend House Bill No. 59, by: Adding to the end of Section 1 the following: "Provided, such levy shall not exceed the levy imposed under the laws of the State of Georgia as the same existed in 1950."

Mr. Rowland of Johnson moved that the House agree to the Senate amendment to HB 59.
On the motion to agree, the ayes were 113, nays 1.
The Senate amendment was agreed to.

HB 100. By Messrs. Murphy of Haralson, Fowler of Douglas and others:
A Bill to be entitled an Act to amend an Act creating the office of solicitor-general emeritus, and for other purposes.

WEDNESDAY, FEBRUARY 18, 1953

649

The following Senate amendment to HB 100 was read:
Dean of the 34th moves to amend HB # 100 by adding to the caption and
at the end of Section 2 of said Bill the following:
"Provided that any Solicitor General, who after 17 years continuous service and the payment of amounts due hereunder, shall become unable to perform his official duties, from ill health, or other causes, such Solicitor General may retire under this Act provided he is so certified by the Judge, or Judges, of his Judicial Circuit and two physicians. And Solicitor General so retiring under the provisions of this Act shall continue his pro-rata payments to the "Solicitor's General Retirement Fund" of Georgia for the term provided under the provisions of said Act."

Mr. Twitty of Mitchell moved that the House agree to the Senate amendment to HB 100.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 100 was agreed to.

HB 356. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act making provision for an integrated tax administration for the State, and for other purposes.
The following Senate substitute to HB 356, offered by the Committee of the Senate on Finance, was read:
A BILL
To be entitled an Act to amend an Act known as "An Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue and the office of State Revenue Commissioner, to confer upon such commissioner all the powers and duties formerly vested in the State Revenue Commissioner 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 Courts; to enforce tax liability to other states which reciprocate; to repeal Code Sections 92-4507-9, 92-6001-7, 92-7004-6, Chapters 92-60, 92-61, and 92-68 and laws in conflict with this Act; to provide for the administration of and enforcement of the tax laws; and for other purposes."; (Ga. Laws 1937-1938 Ex. Sess., p. 77), as amended, so as to provide for the settlement and compromise of any proposed tax assessment, any final tax assessment, or any tax fi. fa. by a board composed of the Attorney General, the State Revenue Commissioner, the Chairman of the House of Representatives Ways and Means Committee, the Chairman of the Senate Finance Committee, and the State Auditor; to provide that a majority of said board shall be empowered to act; to provide that the

650

JOURNAL OF THE HOUSE,

State Revenue Commissioner shall keep a record of all such settlements and compromises; 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 an Act entitled "An Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue and the office of State Revenue Commissioner; to confer upon such commissioner all the powers and duties formerly vested in the State Revenue Commission and in the Comptroller General in relation to petroleum inspection, licenses and taxation; to abolish the State Revenue Commission; to continue the Comptroller General as Insurance Commissioner, Comptroller of Withdrawals, to provide for the appointment, term of office, salary, oath, bond, authority, duties and removal of the State 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 Courts; to enforce tax liability to other states which reciprocate; to repeal Code Sections 92-4507-9, 92-60001-7, 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.", be amended by adding a new section to be designated "Section 9 (a)", which shall read as follows:
"Section 9 (a) There is established a board composed of the Attorney General, the State Revenue Commissioner, the Chairman of the House of Representatives Ways and Means Committee, the Chairman of the Senate Finance Committee, and the State Auditor, which is hereby authorized to settle and compromise any proposed tax assessment, any final tax assessment or any tax fi. fa. which because of the insolvency of the taxpayer or the questionable legal position of the State the collection of said taxes is doubtful and said settlement or compromise is in the best interest of the State. Provided, however, that a majority of the board shall be empowered to settle and compromise; and, provided further, that the State Revenue Commissioner shall keep a record of all such settlements and compromises made and the reasons therefor."
Section 2. That all laws and parts of laws in conflict with this Act be and the same_are hereby repealed.

Mr. Ray of Warren moved that the House agree to the Senate substitute to HB 356.
On the motion to agree, the ayes were 105, nays 4.
The Senate substitute to HB 356 was agreed to.

HB 383. By Messrs. McKenna, Groover and Harris 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.

WEDNESDAY, FEBRUARY 18, 1953

651

The following Senate amendment to HB 383 was read:
Amendment to HB 383 by Carlisle of 51st District.
Senator Carlisle of the 51st moves to amend HB 383, Section 4, by changing the period at the end of Section 4 to a comma and by adding thereafter the following words: "except that the land described in paragraph "b" of Section 3 shall be so subject when acquired by Macon Housing Authority".

Mr. Groover of Bibb moved that the House agree to the Senate amendment to HB 383.
On the motion to agree, the ayes were 104, nays 0.
The Senate amendment to HB 383 was agreed to.

HB 386. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend Section 92-5301 of the Code of Georgia relating to the commissions of the tax receiver and tax collector, and for other purposes.

The following substitute to HB 386, offered by the Committee of the Senate on Special Judiciary, was read:

A BILL
To be entitled an Act to amend Section 92-5301 of the Code of Georgia, relating to the commission of tax receiver and tax collecter, as amended by an Act approved January 17,1938 (Ga. Laws 1938, p. 297), by changing the classes and amounts of commissions allowed tax receivers and tax collectors; 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. Section 92-5301 of the Code of Georgia, relating to the commissions of tax receiver and tax collector, as amended by an Act approved January 17, 1938 (Ga. Laws 1928, p. 297), is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section, which shall read as follows:
"92-5301. The commissions to be allowed to each receiver and collector of State and county taxes shall be as follows, viz.:
"On all net digests up to and including $6,000 ________________ 6 per cent "Over $6,000 and not exceeding $14,000 ------------------------------ 5 per cent "Over $14,000 and not exceeding $24,000______________________________ 4 per cent "Over $24,000 and not exceeding $36,000______________________________ 3 per cent "Over $36,000 and not exceeding $52,000________________________ 2% per cent "Over $52,000 and not exceeding $76,000 _______________________ _ 2 per cent "Over $76,000 --------------------------------------------------------------------- 1%, per cent."
SECTION 2. The schedule of commissions provided in Section 1 shall apply to tax net digests for the years beginning January 1, 1953.
SECTION 3. Provided that nothing contained herein shall repeal

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JOURNAL OF THE HOUSE,

the Commissions of 10 per cent above 80 per cent of the taxes collected on the net tax digest as provided in Georgia Laws of 1951, pages 815, 816 and 817.
SECTION 4. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed.

The following amendment to the Senate substitute to HB 386 was read and adopted:
Mr. Musgrove of Clinch moves to amend the Senate substitute to HB 386 by adding a new section to be known as Section 4 which shall read as follows: "Section 4. This Act shall not apply to any county where the Tax Collector, Tax Receiver, or Tax Commissioner is on a salary basis only."; And that the subsequent section or sections of said bill shall be numbered appropriately.
Mr. Tritty of Mitchell moved that the House agree to the Senate substitute to HB 386, as amended by the House.
On the motion to agree, the ayes were 119, nays 0.
The Senate substitute to HB 386, as amended, was agreed to.
Mr. Cummings of Seminole arose on a point of personal privilege and addressed the House.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Georgia State Sanitation, read the second time, and recommitted:

HB 605. By Mr. Stevens of Marion:
A Bill to be entitled an Act to abolish the office of County Treasurer for Marion County, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Georgia State Sanitation, read the second time, and recommitted:

HB 614. By Messrs. Lavender of Elbert, Best of Clay and others:
A Bill to be entitled an Act to provide that legal residents of Georgia may be maintained free of charge at the Milledgeville State Hospital, and for other purposes.

By unanimous consent, the following Resolutions of the House were withdrawn from the Committee on Special Appropriations, read the second time, and recommitted :

HR 74-262n. By the Clerk's Office~
A Resolution compensating Mrs. Laura M. Walker and H. E. Hartsfield for damages, and for other purposes.

HR 123-398b. By Messrs. Ayers of Madison and Lavender of Elbert:
A Resolution compensating Mr. C. A. Burris for damages, and for other purposes.

WEDNESDAY, FEBRUARY 18, 1953

653

By unanimous consent, the following Bill of. the House was withdrawn from the Committee c:in Industrial Relations, read the second time, and recommitted:

HB 435. By Mr. Nightingale of Glynn:
A Bill tc:i be entitled an Act to amend an Act so as to include firemen and policemen in the term "employee", and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Military Affairs, read the second time, and recommitted:

HB 298. By Messrs. Dunaway and Cornelius of Polk:
A Bill to be entitled an Act to amend an Act so as to authorize the promotion of retired commissioned officers of the Georgia National Guard, and for other purposes.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on. Pensions, read the second time, and recommitted:

SB 86. By Senators Stoddard of the 50th and Carlisle of the 51st:
A Bill to be entitled an Act to amend an Act establishing a teachers' retirement system for the State of Georgia, and for other purposes.

Under the order of Unfinished Business, the following Bill of the House was again taken up for consideration:

HB 128. By Messrs. H. Smith of Fulton and Hollis of Muscogee:
A Bill to be entitled an Act to establish uniform traffic laws in the State of Georgia, and for other purposes.

The following amendments to HB 128 were read and adopted:
Mr. Russell of Barrow moves to amend HB 128 by adding a new subsection to be numbered Subsection B of Section 47, and to read as follows: "Nothing in this Act shall be construed as requiring any person to take such examination against his wishes."
The Committee on Motor Vehicles moves to amend Section 47 (d) of HB 128 by adding after words "third or subsequent conviction", in both places where they occur, the following: "when the two last prior convictions have occurred within the four years immediately preceding such third conviction".
Mr. Hicks of Floyd and Mr. Russell of Barrow move to amend HB 128 by: Inserting after the words "nor more than $200.00 or by both such fine and imprisonment" in Section 47 (d), a comma and the words, "and the court in its discretion shall have the power to revoke for any period of time not exceeding two years the license of any person convicted under this section for the first or second offenses, and shall have the power to reinstate said license at any time, but this power to reinstate licenses shall in no way affect persons convicted for third and subsequent offenses." and by: Making the period at the end of said section a semicolon and inserting the following: "provided, that the suspension or revocation of any license by said Department shall in no conflict with the decision rendered by the court having jurisdiction over such convicted person."

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JOURNAL OF THE HOUSE,

Mr. Freeman of Monroe moves to amend HB 128, Section 47 par. c, by striking the last line of said section and substituting therefor the following sentence: "The expense of such examination shall be borne by the court having jurisdiction of said alleged offense."
Mr. Hale of Dade moves to amend Section 47, Sub-Sec. (c) of HB 128 by striking the word "section" wherever the same appears and substituting therefor the words "Sub-Section".
Mr. Freeman of Monroe moves to amend HB 128 by striking therefrom subsection (c) of Section 96.
Mr. Freeman of Monroe moves to amend HB 128 by striking therefrom in its entirety Section 167.
Mr. Conger of Decatur moves to amend HB 128 by deleting therefrom Section 166.
Mr. Hollis of Muscogee moves to amend HB 128 by adding at the end of Section 170 the following: "Except commercial vehicles".
The Committee on Motor Vehicles moves to amend HB 128 by adding at the end of subsection (a) and (b) of Section 18, the following: "and, when such territory is located outside the incorporated limits of a city or town, if designated and marked as such by the Director of Public Safety."
An amendment offered by Mr. Groover of Bibb was read and lost.
An amendment offered by Mr. Conger of Decatur was read and lost.
The following amendment was read and adopted:
Mr. Hollis of Muscogee moves to amend Section 111 (b) of HB 128 by striking the subsection designation (b) and by adding the words "with the gears of such vehicle in neutral or" after the word "coast" so that as amended Section 111 will read as follows: "Section 111. The driver of a commercial motor vehicle when traveling upon a downgrade shall not coast with the gears of such vehicle in neutral or with the clutch disengaged."
Mr. Hollis of Muscogee moved the previous question, and the motion prevailed.
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 114, nays 9. The bill, having received the requisite constitutional majority, was passed, as amended.
Under the regular order of business, the following Resolution of the Senate was taken up for consideration, read the third time, and adopted:

SR 21. By Senators Edenfield of the 4th, Blitch of the 5th and Carlisle of the 51st:
A Resolution naming Miss Ella Mae Thornton Honorary State Librarian, 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:

WEDNESDAY, FEBRUARY 18, 1953

655

HR 112-362a. By Mr. Ingle of Murray:



A Resolution authorizing the conveyance of certain property located in Murray County known as Fort Mountain State Park, and for other purposes.

The following substitute to HR 112-362a, offered by Mr. Ingle of Murray, was read and adopted:

A RESOLUTION
To authorize His Excellency, the Governor, to enter into such agreements as his judgment may dictate, in the exchange of properties, and to convey the interest of the State in said property located in Murray County, and which property is known as Fort Mountain State Park, for the purpose of clearing the title of said property, and
WHEREAS the property comprising Fort Mountain State Park was acquired by donation and otherwise by the State several years ago, and
WHEREAS upon the examination of the title of said property by competent title attorneys discloses that there now exist adverse interests to that of the State in said properties, and
WHEREAS said examination further discloses that there are several breaks in the chain of the title and other defects thereto, and
WHEREAS proper court proceedings have been authorized by the Governor, the Attorney General and the State Auditor, as required by law, and
WHEREAS it appears that several objections to the title to said property can, in the best interest of the State, be cleared by the exchange of interests of State for interests of equal value of persons holdings interests adverse to the State, and
WHEREAS to make such exchanges will expedite the clearing of the titles to said property and also will be more economical than the condemnation of outstanding interests by the State, and
WHEREAS it is desirable and necessary in the development of the State park that the titles to said lands be cleared,
BE IT, THEREFORE, NOW RESOLVED by the House of Representatives, concurred in by the Senate of the State of Georgia, that His Excellency, the Governor, be and is hereby authorized to enter into such agreements of exchange of interest, and to execute such conveyance of titles on behalf of the State of Georgia as may be necessary to effectuate such agreements as his judgment may best dictate and upon the advice and recommendation by the Department of State Parks, Historic Sites and Monuments, and the Attorney General, so that the titles to the property of Fort Mountain State Park may be cleared and that the title to said property be vested in fee simple in the State of Georgia in that portion of State property retained by the State for park purposes.

The report of the Committee, which was favorable to the adoption of the resolution, was agreed to, by substitute.

656

JOURNAL OF THE HOUSE,

On the adoption of the resolution, by substitute, the ayes were 105, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, by substitute.
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.

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 resolution of the Senate to wit:

SR 13. By Senator Callaway of the 35th:
A Resolution to provide a concurrent resolution making application to the Congress of the United States for the calling of a convention to propose an Amendment to the Constitution of the United States; 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 97. By Senators Walker of the 45th, Clemmons of the 42nd and Dean of the 34th:
A Bill to authorize the Comptroller General of the State of Georgia to receive a contingent expense allowance and to provide for the method of paying said allowance and to provide the amount thereof; to repeal conflicting laws, and for other purposes.
SB 111. By Senator Callaway of the 35th and Wilkes of the 53rd:
A Bill to amend an Act creating a Department of Law, approved February 8, 1943, as amended, so as to provide for a contingent expense allowance for the Attorney General; to repeal conflicting laws, and for other purposes.

HB 455. By Messrs. Rutland, Turner and MeWhorter of DeKalb:
A Bill to establish a commission in DeKalb County to study the government of DeKalb County and the municipalities located wholly therein, for the purpose of improving local government and to provide greater efficiency, and for other purposes.
The Senate has passed as amended the following bill of the House:

WEDNESDAY, FEBRUARY 18, 1953

651

HB 254. By Mr. Nightingale of Glynn:
A Bill to amend an Act approved Feb. 21, 1951, entitled "An act to make provisions for the coverage of certain officers and employees of political subdivision of the state under the old age and survivors insurance provisions of Title II of the federal social security Act, 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 327. By Messrs. Floyd and Weems of Chattooga, Lavender of Elbert, and others:
A Bill to be entitled an Act to protect against the subversive activities, and for other purposes.

The following Committee substitute to HB 327 was read and adopted:

A BILL
To be entitled an Act to protect against subversive activities by making it a crime to commit or advocate acts intended to effect the overthrow of the Constitution or Government of the United States or the Constitution or Government of the State of Georgia or of any political subdivision thereof by violence or other unlawful means, or to attempt or conspire so to do, by defining subversive organizations and making them illegal, and providing for the enforcement of the provisions of said Act, and providing penalties for the violation thereof.
Whereas, there is a World Communist movement under the domination of a foreign power, having as its objective the establishment of totalitarian dictatorship in all parts of the world under its control; and
Whereas, such a dictatorship is characterized by the liquidation of all political parties other than the Communist Party, the abolishment of free speech, free assembly, and freedom of religion, and is the complete antithesis of the American constitutional form of government; and
Whereas, the methods used by such a police state include treachery, deceit, infiltration into governmental and other institutions, espionage, sabotage, terrorism and other unlawful means; and
Whereas, the World Communist movement is not a political movement, but is a World-wide conspiracy having sections in each country; and
Whereas, using the methods above set forth, it has already successfully conquered in recent years a large part of the World and has established spearheads in this Country in the form of various conspiratorial organizations, some masquerading under the pretense of being political parties, others infilterating organizations which they seek to control in order to further the objectives of the World Communist movement; and
Whereas, other subversive groups have had similar objectives and it is essential to the preservation of the State, as well as for the protection of citizens from unfounded accusations, that criminal acts of a seditious nature be clearly and expressly defined; and

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JOURNAL OF THE HOUSE,

Whereas, the Communist movement plainly presents a clear and present danger to the United States Government and to the State of Georgia; therefore
Be it enacted by the General Assembly of the State of Georgia and by the authority of the same:

SECTION 1.
For the purposes of this Act:
"Organizations" means an organization, corporation, company, partnership, association, trust, foundation, fund, club, society, committee, political party, or any group of persons, whether or not incorporated, permanently, or temporarily associated together for joint action or advancement of views on any subject or subjects.
"Subversive organization" means any organization which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or advocate, abet, advise, or teach activities intended to overthrow, destroy, or to assist in the overthrow, destruction of, the constitutional form of the government of the United States, the Constitution or Government of the State of Georgia, or of any political subdivision of either of them, by revolution, force violance or other unlawful means.
"Foreign subversive organization" means any organization, directed, dominated or controlled directly or indirectly by a foreign government which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or to advocate, abet, advise, or teach, activities intended to overthrow, destroy, or to assist in the overthrow, destruction of the constitutional form of the government of the United States, or of the State of Georgia, or of any political subdivision of either of them, and to establish in place thereof any form of government the direction and control of which is to be vested in, or exercised by or under, the domination or control of any foreign government, organization, or individual.
"Foreign government" means the government of any country, nation or group of nations other than the government of the United States of America or of one of the States thereof.
"Subversive person" means any person who commits, attempts to commit, or aids in the commission, or advocates, abets, advises or teaches by any means any person to commit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy, or to assist in the overthrow, destruction of, the constitutional form of the Government of the United States, or of the State of Georgia, or any political subdivision of either of them, by revolution, force, violence or other unlawful means; or who is a member of a subversive organization or a foreign subversive organization.

SECTION 2.
It shall be a felony for any person knowingly and wilfully to (a) commit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy, to assist in the overthrow, destruction of, the constitutional form of the Government of the United States, or of the State of Georgia, or any political subdivision of either of them, by revolution, force, violence, or other unlawful means; or

WEDNESDAY, FEBRUARY 18, 1953

659

(b) advocate, abet, advise, or teach by any means any person to commit, attempt to commit, or assist in the commission of any such act under such circumstances as to constitute a clear and present danger to the security of the United States, or of the State of Georgia, or of any political subdivision of either of them; or
(c) conspire with one or more persons to commit any such act; or
(d) assist in the formation or participate in the management or to contribute to the support of any subversive organization or foreign subversive organization knowing said organization to be a subversive organization or a foreign subversive organization; or
(e) destroy any books, records, or files, or cecrete any funds in this State of a subversive organization or a foreign subversive organization, knowing said organization to be such.
Any person who violates any of the provisions of this section shall be fined not more than $20,000, or imprisoned in the penitentiary for not less than one year nor more than 20 years, or both.

SECTION 3.
It shall be a felony for any person after the effective date of this Act to become, or after March 1, 1953, to remain a member of a subversive organization or a foreign subversive organization knowing said organization to be a subversive organization or foreign subversive organization. Any person convicted of violating this section shall be fined not more than $5,000, or imprisoned in the penitentiary for not less than one year nor more than five years, or both.

SECTION 4.
Any person convicted by a court of competent jurisdiction of violating any of the provisions of Section 2 and 3 of this Act, in addition to all other penalties therein, provided shall from the date of such conviction be barred from
(a) holding any office, elective or appointive, or any other position of profit or trust in or employment by the government of the State of Georgia or of any agency thereof or of any county, municipal corporation or other political subdivision of said State;
(b) Filing or offering for election to any public office in the State of Georgia; or
(c) voting in any election held in this State.

SECTION 5.
It shall be uulawful for any subversive organization or foreign subversivs organization to exist or function in the State of Georgia and any organization which by a court of competent jurisdiction is found to have violated the provisions of this section shall be dissolved, and if it be a corporation organized and existing under the laws of the State of Georgia a finding by a court of competent jurisdiction that it has violated the provisions of this section shall constitute legal cause for forfeiture of its charter and its charter shall be forfeited, and all funds, books, records and files of every kind and all other property of any

660

JOURNAL OF THE HOUSE,

organization found to have violated the provisions of this section shall be seized by and for the State of Georgia, the funds to be deposited in the State Treasury and the books, records, files and' other property to be turned over to the Attorney General of Georgia.

SECTION 6.
The Governor, with the concurrence of the Attorney General, is hereby authorized and directed to appoint "a special Assistant Attorney General," for investigating and prosecuting subversive activities, whose responsibility it shall be, under the supervision of the Attorney General, to assemble, arrange and deliver to the Solicitor-General of any county, together with a list of necessary witnesses for presentation to the next Grand Jury to meet in said county, all information and evidence of matters within said county which have come to his attention, relating in any manner to the acts prohibited by this Act, and relating generally to the purpose, processes and activities of Communism and any other or related subversive organizations, associations, groups or persons. Such evidence may also be presented by the Attorney General to the Grand Jury of any county directly should he feel the ends of justice would be best served thereby.

SECTION 7.
For the collection of any evidence and information referred to in this Act, the Governor and the Attorney General are hereby authorized and directed to call upon the Director of Public Safety, sheriffs, county and municipal police authorities to furnish to the Special Assistant hereinbefore provided for, such assistance as may from time to time be required. Such police authorities are directed to furnish information and assistance as may be from time to time so requested. The Special Assistant Attorney General herein provided for may testify before any Grand Jury as to matters referred to in this Act as to which he may have information.

SECTION 8.
The Attorney General shall require the Special Assistant herein provided for, to maintain complete records of all information received by him and all matters handled by him under the requirements of this Act. Such records as may reflect on the loyalty of any resident of this State, shall not be made public or divulged to any person except with permission of the Governor or the Attorney General to effectuate the purposes of this Act. "Provided, however, that all records and evidence gathered by virtue of this Act shall be available to any committee of the House or Senate which shall request the same for use in its deliberations."

SECTION 9.
The judge of any court exercising general criminal jurisdiction when in his discretion it appears appropriate, or when informed by the Attorney General or Solicitor-General that there is information or evidence of the character described in Section 6 of this Act to be considered by the Grand Jury, shall charge the Grand Jury to inquire violations of this Act for the purpose of proper action, and further to inquire

WEDNESDAY, FEBRUARY 18, 1953

661

generally into the purposes, processes ad activities and any other matters affecting Communism or any related or other subversive organizations, associations, groups or persons.

SECTION 10.
No subversive person, as defined in this Act, shall after conviction be eligible for employment in or appointment to any office, or any position of trust or profit in the government of, or in the administration of the business of this Stat~, or of any county, municipality, or other political subdivision of this State.

SECTION 11.
"No person shall become a candidate nor shall be certified by any political party as a candidate for election to any public office created by the constitution or laws of this State if he has ever been tried and convicted as a subversive person as defined in this Act."

SECTION 12. This Act may be cited as the Subversive Activities Act.

The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 519. By Messrs. Sipple and Haar of Chatham:
A Bill to be entitled an Act to amend an Act known as the Revenue Certificate Law by providing that said act shall apply to parking meters, and for other purposes.

The report 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 512. By Messrs. Jackson of Jones and Gowen of Glynn:
A Bill to be entitled an Act to amend an Act so as to relating to a widow's recovery subject to the law of descents, and for other purposes.

The report 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 5. The bill, having received the requisite constitutional majority, was passed.

662

JOURNAL OF THE HOUSE,

HB 381. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Sections 42-205 and 42-209 of the Code of Georgia so as to provide for the issuance of permits authorizing a report in lieu of tax stamps on feedstuffs, and for other purposes.

The following amendments to HB 381 were read and adopted:

Mr. Conger of Decatur moves to amend HB 381, Section 2, paragraph (b) by

adding the words "authority to" immediately after the word "grant" in line 9 of

page 2 of said bill.



Committee on General Agriculture No. 1 moves to amend House Bill No. 381 by striking from the last paragraph of the matter quoted as Section 42-209 in Section 2, the following:

"In the event any person or organization to whom a permit is granted has on hand inspection tax stamps, such stamps may be turned in to the Commissioner with the reports in lieu of cash until the stamps on hand are used up.",

so that said last paragraph, when so amended, shall read as follows:

"In the event any such permit is granted, the number thereof must be shown on the analysis tag or on the container. No holder of a permit shall be allowed to use the tax stamp method at any time such permit is valid. All holders of such permits must report all shipments of feed and feeding stuffs, including those not subject to an inspection tax."

Mr. Conger of Decatur moves to amend HB 381 by adding the appropriately numbered section: "Each tag shall show the dealer's number and that the Georgia tax has been paid.
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 75, nays 44.
The bill, having failed to received the requisite constitutional majority, was lost.
Mr. Conger of Decatur gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 381.

HB 250. By Messrs. Cowart of Stewart and Bodenhamer of Tift:
A Bill to be entitled an Act to amend Section 32-915 of the Code of Georgia relating to the power of the County Board of Education to consolidate schools, and for other purposes.

The following Committee substitute to HB 250 was read:

A BILL
To be entitled an Act to amend Section 32-915 of the Code of Georgia of 1933, as amended by an Act approved February 1, 1946 (Ga. Laws 1946, p. 206), relating to the power of the County Board of Education to consolidate schools, so as to provide for an election by the people

WEDNESDAY, FEBRUARY 18, 1953

663

in the affected attendance areas before any consolidation shall become effective; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
Section 1. Section 32-915 of the Code of Georgia of 1933, as amended by an Act approved February 1, 1946 (Ga. Laws 1946, p. 206), relating to the power of the County Board of Education to consolidate schools, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section, so that when so amended Section 32-915 shall read as follows:
"The Board of Education of any county shall have the right, if in their opinion the welfare of the schools of the county and the best interest of the people require, and if the provisions of this section are followed, to consolidate two or more schools into one school to be located by said Board at a place convenient to the pupils attending the same, the school house to be located as near the center of the district or districts as possible. No consolidation shall become effective, however, until voted upon favorably by a majority of the voters voting in an election to be held for that purpose under the procedure as hereinafter provided. When a consolidation is decided upon, it shall be the duty of the Board to give notice to the Ordinary of the county of intention of such consolidation, with the names and locations of the affected schools. It shall then be the duty of the Ordinary, within ten days of such notice by the Board, to issue the call of an election to be held not less than fifteen nor more than thirty days from the date of such call. The date of such election and the purpose thereof, including the names of the schools affected, shall be published in the official organ of the county once a week for two weeks immediately preceding the date of the election. Only those persons living in the attendance area of the affected schools, and who are qualified to vote for members of the General Assembly of Georgia, shall be eligible to vote in this election. The votes in the area shall be counted and a majority of those persons voting in the affected attendance area must vote in favor of consolidation before it shall become effective. If a majority of those persons voting in the affected attendance area vote against consolidation, it shall not be effective, and no consolidation of any of the schools involved may be effected within a period of one year from the date of the election. It shall be the duty of the Ordinary to canvass the ballots and certify the results of the election. It shall be the further duty of the Ordinary to certify such results to the State Board of Education. The expense of the election shall be borne by the county. Provided, that no election for the purpose of consolidating a particular school district or districts shall be held more than once every twelve months.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

By unanimous consent, further consideration of HB 250 was postponed until Thursday, February 19, 1953, immediately following the period of unanimous consents.

HB 300. By Mr. Edenfield of Mcintosh: A Bill to be entitled an Act to repeal an Act regulating the use of nets

664

JOURNAL OF THE HOUSE,

for a certain period in dragging for shrimp in Georgia waters, and for other purposes.

The report 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 272. By Mr. Edenfield of Mcintosh:
A Bill to be entitled an Act to require all persons operatisg boats while fishing for shrimp or fish by use of nets to have a license from the State Game and Fish 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 278. By Mr. Edenfield of Mcintosh:
A Bill to be entitled an Act to amend an Act relating to the administration of the food and drug acts by the State by the Commissioner of Argiculture, and for other purposes.

The report 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 271. By Messrs. Edenfield of Mcintosh, Murr of Sumter and others:
A Bill to be entitled an Act to repeal an Act relating to fish peddlers and fish sellers licenses, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 1.
The bill, having received the requisite constitutional majority, was passed.

SB 83. By Senator Adams of the 12th:
A Bill to be entitled an Act to amend Code Section 26-6905 relating to one's pursuance of his business on Sunday, and for other purposes.

Mr. Bell of Richmond moved that further consideration of SB 83 be postponed indefinitely, and the motion was lost.
Mr. Rutland of DeKalb moved that SB 83 be tabled, and the motion was lost.

WEDNESDAY, FEBRUARY 18, 1953

665

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

On the passage of the bill, Mr. Campbell of Oconee 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 Senators:

Baughman Bentley Blackburn Bolton Brannen Brantley Britton Brooks Campbel lof Oconee Campbell of Walker Chastain Clark Clary Coker Conger Cowart Cummings Deal Dean of Towns Dews Dunaway Duncan Floyd Foster Fowler Gilder Gillis Goodson Gowen Graham

Green of Baldwin Green of Rabun Grimsley Gunter Harper. Harris Harrison of Wayne Henderson Hicks Hodges Holley Hollis Holloway Hopkins Hughes Ingle Jackson Johnson Key Lanier Lifsey Lokey McCracken McGarity McKenna Matthews Mauldin Moate Moore of White Murphey of Crawford

Murr Musgrove Nelson Nightingale Parker Peacock Perkins Ray Register Sipple of Chatham Hoke Smith of Fulton M. M. Smith of Fult. Stephens of Clarke Stewart Tamplin Tarpley Trapnell Twitty Veal Walker Watson Whitener Wilkinson Williams of Bulloch Williams of Tift Willingham Willis Wooten Young

Those voting in the negative were Senators:

Blalock Boggus Buie Callier Carswell Carter Edwards Frier Garrard Greene of Crisp Groover of Troup

Hamilton Jordan of Gwinnett Kemp Layton Little Matheson Mincy Mobley Moore of Pickens Moye Murphy of Haralson

Raulerson Rutland Smith of Cobb Stevens of Marion Stocks Strickland Tarbutton Wardlow Wiggins

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

On the passage of the bill, the ayes were 89, nays 36.

666

JOURNAL OF THE HOUSE,

The bill, having failed to receive the requisite constitutional majority was lost.
Mr. Campbell of Oconee gave notice that at the proper time he would move that the House reconsider its action in failing to pass SB 83.
By unanimous consent, the following Resolution of the House was recommitted to the Committee on Game and Fish for the purpose of holding a public hearing:
HR 151-533b. By Messrs. Perkins of Carroll and Potts of Coweta:
A Resolution to provide for the appointment of a joint committee of the House and Senate to investigate stream pollution, and for other purposes.
The following Resolutions of the House were read and adopted:
HR 174. By Messrs. Goodson of Heard, Blalock of Coweta, and others:
A RESOLUTION
Whereas, former Governor Adlai E. Stevenson of Illinois was the candidate of the Democratic Party for President of these United States at the past presidential election; and
WHEREAS, Adlai E. Stevenson made deep impressions of his ability and integrity upon the people of the United States, and more especially the people of the State of Georgia in the past campaign; and
WHEREAS, the voters of the soverign State gave Adlai E. Stevenson his greatest majority among the several states in the past election; and
WHEREAS, it is desired that a closer relationship exist between the people of the State of Georgia and Adlai E. Stevenson of Illinois;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives of the State of Georgia, the Senate concurring, the, former Governor Adlai E. Stevenson of Illinois be strongly urged to address a Joint Session of the General Assembly of the State of Georgia, at his convenience during the session which convenes on the 16th day of November, 1953.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted by the Secretary of State to the Honorable Adlai E. Stevenson of Illinois.
HR 175. By Mr. McCracken of Jefferson:
RESOLUTION URGING REPEAL OF FEDERAL TAX ON MOTOR FUEL
WHEREAS, highways of the country, including the streets and bridges, are by tradition and by law the property and responsibility of the States and the subdivisions thereof; and
WHEREAS, taxation of motor fuel traditionally has been relied upon by the states to produce a major part of the revenue necessary to

1-.-:

WEDNESDAY, FEBRUARY 18, 1953

667

construct and maintain their state highways and local roads, and the Federal Government, by its continued imposition of this levy, is usurping a tax field which should be reserved to the states; and
WHEREAS, the Federal Government imposed its automotive excise taxes as temporary emergency measures during the early 1930's, but has continued these taxes in effect ever since at increasing rates; and
WHEREAS, the motorists of this country are now paying five billion dollars a year in state and federal motor vehicle and gasoline taxes, of which two billion dollars is paid out annually for the federal gasoline and automotive excise taxes; and
WHEREAS, the invasion of the field of gasoline taxation by the Federal Government has made the total state and federal tax on a gallon of gasoline equal to thirty-six per cent of the retail price on a national average; and
WHEREAS,it has been recognized by the Council of State Governments and the Governors' Conference that this burden of Federal gasoline and automotive taxes seriously impairs the ability of the states to carry out their highway programs;
THEREFORE, BE IT RESOLVED that the Legislature of Georgia urgently requests that the Federal Government retire immediately from the field of motor fuel taxation.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the President of the United States, to every member of the Georgia delegation in Congress, to the Chairman of the Ways and Means Committee of the United States House of Representatives and to the Chairman of the Finance Committee of the United States Senate, and that the Governor of Georgia is urged to advise all members of the Georgia delegation in Congress of the importance of this matter.

Mr. Twitty of Mitchell moved that the House do now adjourn until 9:30 o'clock in the morning, and the motion prevailed.

The Speaker announced the House adjourned until 9:30 o'clock in the morning.

668

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 19, 1953.

The House met pursuant to adjournment at 9:30 o'clock, A. M., this day and was called to order by the Speaker.
Prayer was offered by Reverend Claude C. Boynton, Pastor, First Methodist Church, Blairsville, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings has 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 consent:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and general bills with
local application. 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 the desires.

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

HB 628. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to create the Habersham Water Authority; to provide the purpose, duties and organization of said Authority, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 176-628a. By Mr. Matthews of Clarke:
A Resolution relieving the principal and security on an appearance bond, and for other purposes.
Referred to the Committee on Special Judiciary.

THURSDAY, FEBRUARY 19, 1953

669

HB 629. By Mr. Brooks of Oglethorpe:

A Bill to be entitled an Act to provide that no person, company, corpo-

ration or other agency may retain a dead human body in lieu ~f pay-

ment, and for other purposes.



Referred to the Committee on Special Judiciary.

HB 630. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel:

-!>- Bill to be entitled an Act relating to the establishment of a civil de-

fense agency and other organizations for civil defense within this state,

and for other purposes.

'

Referred to the Committee on Veterans Affairs.

HB 631. By Messrs. Matheson of Hart, Perkins of Carroll, Ayers of Madison, Lavender of Elbert, Freeman of Monroe, Floyd of Chattooga:
A Bill to be entitled an Act relating to disabled veterans peddling or conducting business without a license, and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 632. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to create the Habersham County Gas Distribution Authority; to provide the purpose, duties and organization of said Authority; To provide for issuing of revenue bonds and providing for the validation of such bonds, 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 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 410. Do Pass.
Respectfully submitted,
Tarbutton of Washington,
Chairman.

Mr. Lavender of Elbert 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:

670

JOURNAL OF THE HOmn:,

HB 605. Do Pass. HB 615. Do Pass. HB 627. Do Pass. HB 610. Do Pass. HB 597. Do Pass. HB 611. Do Pass. HB 617. Do Pass. HB 619. Do Pass. HB 601. Do Pass. SB 72. Do Pass. SB 125. Do Pass. SB 130. Do Pass. SB 131. Do Pass. SB 123. Do Pass. SB 110. Do Pass. SB 124. Do Pass. HR 165-601a. Do Pass.

Respectfully submitted, Lavender of Elbert, 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 House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 164-594b. Do Pass.
SB 80. Do Pass, as amended.
Respectfully submitted,
Campbell of Oconee,
Chairman.

Mr. Hollis of Muscogee 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

THURSDAY, FEBRUARY 19, 1953

671

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 429. Do Not Pass. HB 347. Do Not Pass. HB 302. Pass by substitute. HR 168-619a. Do Pass. SB 89. Do Pass.
Respectfully submitted, Hollis of Muscogee, Chairman.

Mr. Willingham of Cobb 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 459. Do Pass.
Respectfully submitted,
Willingham of Cobb,
Chairman.

Mr. Chastain of Thomas 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 614. Do Pass.
Respectfully submitted,
Chastain of Thomas,
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

6'72

JOURNAL OF THE HOUSE,

following Bills of the Senate and House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 59. (Amended) Do Pass. HB 435. Do Pass, by substitute.
Respectfully submitted, :Rowland of Johnson, Chairman.

Mr. Turner of DeKalb 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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 298. Do Pass.
Respectfully submitted,
Turner of DeKalb,
Chairman.

Mr. Hoke Smith of Fulton 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 625. Do Pass.
HB 623. Do Pass.
HB 621. Do Pass.
Respectfully submitted,
Hoke Smith of Fulton,
Chairman.

Mr. Adams of Evans County, Chairman of the Committee on Pensions, submitted the following report:
Mr. Speaker:
Your Committee on Pensions 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 31. Do Pass.

THURSDAY, FEBRUARY 19, 1953

673

SB 86. Do Pass. HB 546. Do Not Pass.

Respectfully submitted, Adams of Evans Chairman.

Mr. Smith of Cobb 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 123-398b. Do Pass. HR 87-289c. Do Pass. HR 60-255d. Do Pass. HR 8- 42b. Do Pass. HR 59-255c. Do Pass.
Respectfully submitted, Smith of Cobb, Chairman.

Mr. Brooks of Oglethorpe 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 74. Do Pass. Respectfully submitted, Brooks of Oglethorpe, 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 has instructed me as Chairman, to report the same back to ~he House with the following recommendations:
HB 626. Do Pass.

674

JOURNAL OF THE HOUSE,

HR 170-624a. Do Pass. HR 171-624b. 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 as Chairman, to report the same back to the House with the following recommendations:
HB 590. Do Not Pass.
HB 537. Do Pass, as amended.
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 bills and resolutions of the House to-wit:

HB 142. By Mr. Hand of Mitchell:
A Bill to make General Appropriations for the operation of the State Government for fiscal year beginning July 1, 1953, 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 302. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend Section 85-403 of the Code of Georgia so as to provide the manner in which possession of wild lands and timber lands may be evidenced, and for other purposes.

HB 410. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend Title 25, Chapter 25-1, Civil Code of 1933, so as to increase the amount each Credit Union shall pay for annual examination by the State Banking Department, and for other purposes.

THURSDAY, FEBRUARY 19, 1953

675

HB 597. By Mr. Land of Wilkinson:
A Bill to be entitled an Act to amend an Act so as to increase the salaries of the Commissioners of Roads and Revenues of Wilkinson County, and for other purposes.

HB 601. By Mr. Williams of Franklin:
A Bill to be entitled an Act to create the office of Commissioner of Roads and Bridges and a Board of Finance for Franklin County, and for other purposes.

HB 610. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to amend an Act so as to provide a retirement system for the employees of the Board of Health of Richmond County, and for other purposes.

HB 611. By Messrs. Williams and Trapnell of Bulloch:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Chairman and clerical help of the Board of Commissioners of Road and Revenues of Bulloch County, and for other purposes.

HB 615. By Mr. Denton of Spalding:
A Bill to be entitled an Act to amend an Act so as to provide funds for clerical help of the Tax Commissioner of Paulding County, and for other purposes.

HB 617. By Mr. Holloway of Gilmer:
A Bill to be entitled an Act to amend an Act so as to raise the compensation of the clerk for the County Commissioner of Gilmer County, and for other purposes.
HB 619. By Mr. Short of Colquitt:
A Bill to be entitled an Act to establish an airport authority for Colquitt County, and for other purposes.
HB 621. By Messrs. Jordan and White of Gwinnett:
A Bill to be entitled an Act to amend an Act so as to change the fees allowed to the Clerk, Sheriff, and Solicitor of the City Court of Buford, and for other purposes.
HB 623. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act so as to change certain provisions relating to the assessed valuation of farm lands in the City of Dublin, and for other purposes.
HB 625. By Messrs. McKenna, Harris, and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to ratify the closing of an alley between Blocks 25 and 29 by the City of Macon, and for other purposes.

676

JOURNAL OF THE HOUSE,

HB 6~7. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to provide supplemental compensation for the Tax Collector of Dougherty County, and for other purposes.

HR 164-594b. By Messrs. Mobley of Burke, and R3.f of Warren:
A Resolution providing for the appointment of a joint committee of the House and Senate to study the need for a State Warehouse System, and for other purposes.

HR 165-601a. By Mr. Deen of Bacon:
A Resolution authorizing the State Librarian to furnish certain law books to the Superior Court of Bacon County, and for other purposes.

HR 168-619a. By Mr. Duncan of Carroll:
A Resolution clarifying the intention of the General Assembly in defining the word "Literature" in House Bill 247 which was enacted at the 1953 Session, and for other purposes.
SB 31. By Senators Edenfield of the 4th, Campbell of the 31st and Carlisle of the 51st:
A Bill to be entitled an Act to amend an Act so as to make certain changes regarding disability and death provisions of the Teacher Retirement System, and for other purposes.

SB 59. By Senators Edenfield of the 4th, Dean of the 34th and others:
A Bill to be entitled an Act to amend an Act by providing for special computation dates for possible tax reduction for employers under the Employment Security law, and for other purposes.
SB 72. By Senator Wilkes of the 53rd:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Tax Commissioner of Cook County, and for other purposes.
SB 74. By Senators Wilkes of the 53rd and Moorman of the 16th:
A Bill to be entitled an Act to authorize any county officer to accept cash bonds from persons charged with violating traffic laws, and for other purposes.

SB 80. By Senators Callaway of the 35th, Brown of the 40th and others:
A Bill to be entitled an Act to create the Livestock Development Authority, and for other purposes.

SB 89. By Senator Hawes of the 29th:
A Bill to be entitled an Act to amend an Act so as to further provide how administrators may sell stocks and bonds, and for other purposes.

THURSDAY, FEBRUARY 19, 1953

677

SB 110. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to the joint CityCounty Board of Tax Assessors of certain counties, and for other purposes.

SB 123. By Senator Parker of the 36th:
A Bill to be entitled an Act to fix the salary for the Commissioners of Roads and Revenue of Pike County, and for other purposes.

SB 124. By Senator Cheek of the 23rd:
A BilL to be entitled an Act to amend an Act so as to change the compensation of the members of the Board of County Commissioners of Taylor County, and for other purposes.

SB 125. By Senator Hendrix of the 3rd:
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 Ludowici, and for other purposes.

SB 130. 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 supplement the funds of. the County Board of Education, and for other purposes.

SB 131. By Senator Millican of the 52nd:
A Bill to be entitled an Act to repeal an Act providing a budget law in certain counties, and for other purposes.

HB 459. 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 appointment of two clerks for the office of the Solicitor-General of the Augusta Judicial Circuit, and for other purposes.

HB 626. By Messrs. Connell of Lowndes, Smith of Emanuel and others:
A Bill to be entitled an Act to amend an Act so as to make changes in the provisions relating to the Deputy Director of the Bill Drafting Unit, and for other purposes.

HR 59-255c. By Messrs. Strickland of Brantley and Deen of Bacon:
A Resolution compensating Mr. B. T. Raulerson for damages, and for other purposes.

HR 60-255d. By Messrs. Strickland of Brantley and Deen of Bacon:
A Resolution compensating Mr. Albert Thomas for damages, and for other purposes.

678

JOURNAL OF THE HOUSE,

HR 87-289c. By Mr. Harrison of Wayne:
A Resolution compensating Mr. Donald R. Waters for damages, and for
othe~purposes.

HR 170-264a. By Messrs. Ray of Warren, Smith of Emanuel and others:
A Resolution proposing a constitutional amendment providing for the allocation of sales tax revenue to the Board of Regents, and for other purposes.

HR 171-624b. By Messrs. Register of Lowndes, Lewis of Greene and others:
A Resolution appointing a committee to survey problems involved in the construction of a new Governor's Mansion, 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 38. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to provide for the qualifications of Ordinaries in certain counties, and for other purposes.

The following amendment to SB 38 was read and adopted:
Mr. Haar of Chatham moves to amend SB 38 by: Inserting after "Court of Ordinary" in the caption of said bill the phrase, "provided that such service shall have been continuous and immediately prior to his election as Ordinary"; And by inserting after "Court of Ordinary" in Section 1 of said bill the phrase, "provided, however, that such service shall have been continuous and immediately prior to his election as Ordinary."

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.

HB 400. By Messrs. McWhorter, Turner and Rutland of DeKalb:
A Bill to be entitled an Act to create a Board of Commissioners for DeKlab County, and for other purposes.

The following substitute to HB 400, offered by Messrs. McWhorter, Turner and Rutland of DeKalb, was read and adopted:

A BILL
To be entitled an Act to create a Board of Commissioners of DeKalb County, Georgia to consist of a chairman to be elected by the voters of said county who will be the chief executive officers of said county, and four members who shall be appointed by the Grand Jury of said county,

THURSDAY, FEBRUARY 19, 1953

679

who, together with the chairman, will serve as a Committee of Finance and Control: to name the chairman and the members who will constitute the first board: to fix the compensation of both the chairman and the members: to define the powers, the authority and the duties of both the chairman and of the members of said board; to provide for commissioner districts and that no two members shall reside within the same commissioner district; to provide a method of filling vacancies; to provide a method of recall; to provide a method of fixing a budget for the operation of the fiscal affairs of said county and for budgetary control thereof; to provide for the appointment of a county comptroller; to authorize the appointment of a purchasing agent; to provide when this act shall become effective; to provide for a referendum hereon; to amend an act approved August 13, 1906 (Ga. Laws 1906, page 405) so as to abolish the office of Commissioner of Roads and Revenues of DeKalb County and to repeal all laws in conflict with this act, provided the same is ratified and approved by a majority of the voters of DeKalb County voting in said referendum, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME AS FOLLOWS:
SECTION 1.
A Board of Commissioners of DeKalb County, consisting of a Chairman to be elected as hereinafter provided and who shall have such powers and authority as are hereinafter set forth, and four members to be appointed as hereinafter provided, which Board shall serve as a committee of finance and control with powers and authority as are hereinafter set forth, is hereby created.

SECTION 2.
The Chairman of the Board of Commissioners, hereinafter referred to as the "Chairman", shall be Scott Candler who shall serve until December 31, 1956, and his successor, who shall take office on January 1, 1957, shall be elected for a term of four years at the general election immediately preceding January 1, 1957, and thereafter, subsequent elections of the Chairman shall occur at the same time and under the same laws applicable to other county officers.

SECTION 3.
The other members of the Board with the dates upon which the terms of said office shall expire are as follows:
1. Dan W. Shadburn, whose term expires December 31, 1954.
2. J. D. Chestnut, whose term expires December 31, 1955.
3. Ed. West, whose term expires December 31, 1956.
4. Harold Jackson, whose term expires December 31, 1957.
The Grand Jury in office during the month of September of each years shall appoint for a term of four years the successor to the member whose term expires the following December 31st.

680

JOURNAL OF THE HOUSE,

SECTION 4.
The Chairman and all members of the Board shall be citizens of DeKalb County and have the same qualifications as are required for members of the House of Representatives. The County shall be divided into four Commissioner Districts, which shall be composed of militia districts in said County as the same are now constituted as follows:
Commissioner District No. 1, which shall consist of Militia District No. 531.
Commissioner District No. 2, which shall consist of Militia Districts Nos. 524, 686, 1416, 572, 1327 and 637.
Commissioner District No. 3, which shall consist of Militia Districts Nos. 1342, 536, 1448, 487, 683, 1398, 563 and 1045.
Commissioner District No. 4, which shall consist of Militia Districts Nos. 1379, 1586, 1666.
No two members of the Board, excluding the Chairman, may reside in the same Commissioner District.
SECTION 5.
If a vacancy occurs in the office of the Chairman, said vacancy shall be filled in the same manner as is now provided by law for filling vacancies in the office of Commissioner of Roads and Revenues of DeKalb County.
Should a vacancy occur among the members of the Board, a qualified person to fill the unexpired term shall be appointed by the Grand Jury then in session, provided there remains at least thirty days in the term of said Grand Jury which is unexpired. If, the term of the Grand Jury in session at the time of such vacancy expires within thirty days from the occurence of such vacancy, then said vacancy shall be filled by the Grand Jury next convening thereafter.
SECTION 6.
The salary of the Chairman, which shall be considered a full time position, shall be the salary which is provided by law for the Commissioner of Roads and Revenues of DeKalb County and shall be paid in the same manner and from the same funds; and the salary of the Board members, which shall be considered part time positions, shall be $2400.00 per annum each, payable monthly.
SECTION 7.
The entire Board shall meet in open session on the second Wednesday in each month at 10 o'clock A. M., in a Board Room to be provided in a public building of the County, and at such other times and places in either open or executive sessions as the Board may determine.
Accurate minutes of all meetings and officials actions of the Board shall be kept and transcribed in permanent records.
The Chairman shall be a full voting member of the Board. Any three members shall constitute a quorum, and the decision of a majority of those present at any meeting shall be controlling. The votes of all members on all official actions shall be recorded in the minutes.

THURSDAY, FEBRUARY 19, 1953

681

SECTION 8.
The Chairman or any member of the Board shall be subject to a recall election at any time after twelve months of his term has expired. The petition for the recall election must be signed by thirty (30%) per cent of the qualified voters of the County as shown by a list of registered voters kept by the Registrars of said county; and shall plainly and distinctly specify the charge or charges preferred against the officer sought to be recalled; and shall be filed in the office of the Ordinary of said County. The Ordinary shall check said petition against the records of the office of the Registrars and shall within sixty days after the filing of said petition certify that the requirements hereof have or have not been complied with and shall cause the same to be entered on the minutes of his office. If the requirements have been complied with the Ordinary shall call a special election to be held within ninety days after the filing of the petition, fixing the date and causing a notice thereof to be published at least twice before such election in the public gazette of said County. Ballots shall be prepared which shall show the name of the officer, the position which he holds and the dates of the beginning and termination of his official term. Below the name of the officer shall be the following phrases: "For the recall of the above named officer" and "Against the recall of the above named officer," so arranged that a space is provided where the voter may check to indicate the way in which he wishes to vote. The Ordinary shall publish the results of the election and if two-thirds of those voting in the election have favored a recall, the office in question shall be vacant from the date of such publication. The officer recalled shall not be eligible to election or appointment to the unexpired term. If two-thirds of those voting fail to vote in favor of recall, the official shall retain his office and no other recall petition may be filed within twelve months after the date of such recall election. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. Laws which govern the holding of special elections shall, so far as applicable, govern all recall elections held hereunder. If in the opinion of the Ordinary, it is practicable to hold the recall election by the use of voting machines in accordance with the provisions of an Act approved March 28, 1947, (Ga. Laws 1947, page 1203), the Ordinary is authorized to hold said election by means of voting machines.

SECTION 9.
At the first meeting in each calendar year, the Chairman shall divide the departments and activities of the County into four divisions of approximately equal importance and designate one member of the Board as a Supervisor of each such division whose duty it shall be to keep himself acquainted particularly with operations and activities of departments in his divisions.

SECTION 10.
At least 15 days before the beginning of each calendar year, the Chairman shall prepare a detailed budget for the operations of all departments of the county government for the ensuing year, and submit the same to the entire Board. Within 15 days after the beginning of each calendar year the Board shall adopt a budget in which the proposals of the Chairman may be stricken, reduced or increased as the Board may determine, but which shall not be greater than the total cash receipts

682

JOURNAL OF THE HOUSE,

to the County for the preceding year. The budget so adopted shall be published at least once in the month of January of each year in the public gazette of said County, and a copy shall be furnished to the Grand Jury then iu session or next convening.
At each monthly meeting a statement of all receipts and expenditures for the previous month prepared so that the comparisons with the budget items can be made shall be submitted to the Board.
No amendment or modifications of the budget shall be made except at a regular open meeting of the Board, and a detailed account of such amendments and modifications shall be published one time within 15 days in the public gazette of the County. No increase in the budget originally adopted shall be made except upon the certificate of the Comptroller that the tax revenue of the County will be increased by an increase in the digest or that other unanticipated revenues will be available to meet the increase allowed.
No expenditures or County Warrant shall be legal or valid unless the same is within the budget herein provided for. However, if cessation of some essential governmental function is threatened by lack of available budget funds, provision for same may be made if approved, in advance, by the Grand Jury then in session. The details of any change in the budget accomplished hereunder shall likewise be published at least one time within 15 days after the adoption of such change in the public gazette of said County.

SECTION 11.
At least 30 days before the beginning of each calendar year, the Board of Commissioners shall elect a County Comptroller to serve for the following calendar year and shall by resolution prescribe the duties, which shall include the duty of auditing all books, accounts and records of all officials handling public funds of the County and to prepare for submission to the Board a monthly statement of all receipts and expenditures as related to the annual budget. The salary of the County Comptroller and any assistants which may be authorized by the Board shall be fixed by the Board. Such Comptroller may be removed from office during his term only by the unanimous action of the Board of Commissioners. Said Comptroller shall give a bond payable to the Ordinary or his successor in office and filed in the office of the Ordinary and entered on his minutes, which bond shall be in the sum of TwentyFive Thousand and no/100 ($25,000.00) Dollars and for any violation of the conditions thereof, said Bond may be sued upon in the name of the County by the Ordinary, either of his own motion or by direction of any Grand Jury of said County or by direction of the Board of Commissioners.
There shall be a complete audit made of the financial affairs of the county as of December 31 each year by a qualified Public Accountant other than the comptroller and published in full in the official gazette as soon thereafter as practical.

SECTION 12.
The Board of Commissioners may elect a Purchasing Agent and by resolution prescribe his duties and fix his compensation.

THURSDAY, FEBRUARY 19, 1953

683

SECTION 13.
The Board of Commissioners is authorized to require of all officers and employees of the County, who handle public monies and for which bonds are not already required by law, a surety bond in an amount to be fixed by the Board, which bond shall be payable to the Ordinary or his successor in office and filed in the office of the Ordinary and entered on his minutes, which bond shall be conditioned on the faithful performance of the duties of the office and for any violation of the conditions thereof, said bonds may be sued upon in the name of the County by the Ordinary, either of his own motion or by direction of the Grand Jury of said county or by direction of the Board of Commissioners.
SECTION 14.
Except as limited and restricted by the terms of this Act, the Chairman is hereby vested with exclusive jurisdiction over the following matters, to-wit:
(a) In directing, controlling and caring for all the property of the County.
(b) In levying taxes.
(c) In fixing all rates, tolls, fees, and charges of all kinds, fixed or levied in connection with the water, sewer, and road systems of the County.
(d) In establishing, altering or abolishing public roads, private ways, bridges and ferries.
(e) In establishing, abolishing or changing election precincts and militia districts.
(f) In settling all claims against the County.
(g) In controlling, caring for and managing and convicts of said County.
(h) In designating the County Depository.
(i) In appointing the County Attorney, County Physician, the Superintendent of the Water, Sewer, and Road departments, and all other officials, clerks, and employees necessary for the efficient administration of County affairs whose appointment or election is not otherwise provided for and shall fix the compensation. The Chairman may also terminate the employment of any of the said personnel at his pleasure, subject to the provision of law establishing a civil service system for DeKalb County.
(j) In making provision for and adopting any necessary rules and regulation for the support of the poor and for the preservation and promotion of the public health of the County not inconsistent with the authority heretofore or hereafter granted by law to the Board of Public Welfare and the Board of Health of said County.
(k) In issuing permits and licenses of all kinds which are required by law and in making rules and regulations governing the issuance of same where authorized by law.

684

JOURNAL OF THE HOUSE,

Said Chairman is generally invested with all powers and authority heretofore vested by the Constitution and laws of Georgia in the Ordinary when sitting for County purposes, and which have heretofore been exercised by, and delegated by law to the Commissioner of Roads and Revenues of DeKalb County and such other powers as are indispensable to a complete and proper jurisdiction over the County functions and finances.
Said Chairman shall also exercise any powers and authority which may hereafter be delegated by general law to the governing authority.

SECTION 15.
The Chairman shall fix the salaries of all elective county officers and their deputies, clerks, and assistants subject to the approval of the Grand Jury as required by an Act approved August 13, 1924 (Ga. Laws 1924, page 90) as subsequently amended. However, in event of the failure of the Grand Jury to approve the salaries submitted by the Chairman, then the entire Board shall meet with a committee of like numbers from the Grand Jury and a majority of the entire group shall determine any salaries in dispute. If no majority of the Board and Grand Jury committee can be obtained, the salaries as fixed by the Chairman shall be final.

SECTION 16.
Before entering upon the discharge of their duties, the Chairman and the Board members shall take and sign an oath before the Ordinary of said county for the true and faithful performance of their duties under this Act and under any other laws now or hereafter applicable, which oaths shall be recorded on the Ordinary's minutes and the Chairman shall further give a satisfactory surety bond to be judged by the Ordin1 ary of the county and payable to the Ordinary or his successor in office and filed in the office of the Ordinary and entered on his minutes, which bond shall be in the sum of $25,000.00, conditioned for the faithful performance of the duties of the office and for any violation of the conditions thereof said bond may be sued upon in the name of the county by the Ordinary, either of his own motion or by direction of any Grand Jury of said county, and the Chairman and his sureties shall be liable on said bond for any breach thereof by way of malfeasance or misfeasance in office or any tort or wrong committed under color of his office as well as neglect or nonfeasance.

SECTION 17.
It shall be unlawful for any candidate, either for any office created by this Act or for any nomination thereof, to enter into any agreement or understanding with any person as to the disposal of any work or appointment which is or shall be under the control of said Chairman or said Board, and any person so offending shall be disqualified for said office and lilhall be guilty of a misdemeanor, and on conviction shall be punished as prescribed by law.

SECTION 18.
The office of Commissioner of Roads and Revenues of DeKalb County, Georgia, created by an Act approved August 21, 1906 (Ga. Laws

THURSDAY, FEBRUARY 19, 1953

685

1906, pages 405), is hereby abolished and all of the powers, authority and duties therein conferred upon said Commissioner of Roads and Revenues of DeKalb county, shall after the effective date of this Act, be vested in the Chairman of the Board of Commissioners, provided for herem j!Ubject to the limitations and conditions provided for herein.

SECTION 19.
Before this Act shall become effective the same shall be ratified and approved by the qualified voters of DeKalb County at a special election to be held for that purpose on the second Wednesday in May, 1953. At said election the qualification of voters shall be the same as now fixed by law for the qualification of voters at special elections called to fill a vacancy occuring in a County office and shall be held under all laws of this state applicable to special elections. Special ballots shall be submitted to the voters at said election which shall have printed thereon the words: "For a Board of Commissioners for DeKalb County, consisting of a Chairman, who shall be the Chief Executive Officer of the County, and four members, who, together with Chairman, shall constitute a committee of finance and control" and also the words: "Against a Board of Commissioners for DeKalb County, consisting of a Chairman, who shall be the Chief Executive Officer of the County, and four members who, together with the Chairman shall constitute a committee of finance and control." The ballot shall be prepared so that the voter may enter a check or cross mark in a bracket appearing on said ballot opposite each of the foregoing statements to indicate his or her choice. If a majority of those voting at said election shall vote "For a Board of Commissioners of DeKalb County, consisting of a Chairman, who shall be the Chief Executive Officer of the County, and four members who, together with the Chairman shall constitute a committee of finance and control," this Act shall be deemed ratified and approved and the Ordinary shall announce the results as required in cases of special elections.
If, in the opinion of the Ordinary of DeKalb County, it is practicable to hold the election herein provided for by use of voting machines in accordance with the provision of an Act approved March 28, 1947 (Ga. Laws 1947, page 1203), the Ordinary is authorized to hold said election by means of voting machines.

SECTION 20.
All special and local laws and all general statutes which affect the operation of county functions and fiscal affairs of DeKalb County not inconsistent with the provisions of this Act shall remain in full force and effect, but all laws directly in conflict herewith are hereby repealed.

SECTION 21.
A copy of the notice of intention to apply for this local legislation and the certificate of the publisher are attached hereto and made a part of this Bill and it is hereby declared by the authority aforesaid that all of the requirements of the Constitution relating to the notice of intention to apply for passage of local legislation have been complied with for the enactment of this law.

686

JOURNAL OF THE HOUSE,

February 12, 1953
COPY OF NOTICE
NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION
Notice is hereby given that the undersigned intends to apply to the 1953 Session of the General Assembly of Georgia for the passage of local legislation, the title of such bill to be as follows:

"AN ACT

To create a Board of Commissioners for DeKalb County Georgia to consist of a Chairman to be elected by the voters of said County, who will be the Chief Executive Officer of said County, and four members who shall be appointed by the Grand Jury of said County, who, together with the Chairman, will serve as a Committee of Finance and Control; to name the Chairman and the members who will constitute the first Board; to fix the compensation of both the Chairman and the members; to define the powers, the authority and the duties of both the Chairman and of the members of said Board; to provide for Commissioner District and that no two members shall reside within the same Commissioner District; to provide a method of filling vacancies; to provide a method of fixing a budget for the operation of the fiscal affairs of said county and for budgetary control thereof; to provide for the appointment of a County Comptroller; to authorize the appointment of a Purchasing Agent; to provide when this act shall become effective; to provide for a referendum hereon; to amend an Act approved Aug. 13, 1906 (Ga. Laws 1906, page 405 etc.) so as to abolish the office of Commissioner of Roads and Revenues of DeKalb County and to repeal all laws in conflict with this Act, provided the same is ratified and approved by a majority of the voters of DeKalb County voting in said referendum, and for other purposes."

This the 15th day of January, 1953.

W. H. McWhorter, Guy W. Rutland, Jr., Mel Turner

GEORGIA DeKalb County

1-15-3t

Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that lle is Managing-Editor of the DeKalb New Era, a newspaper published in the city of Decatur, being of general circulation and being the legal organ for the county of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being January 15, 22, 29, 1953.

THE DEKALB NEW ERA Is/ W. H. MeWhorter W. H. McWhorter, Managing-Editor

Sworn to and subscribed before me this 12th day of February, 1953. Is/Evelyn Howard Notary Public, DeKalb County, Ga. My Commission Expires Jan. 23, 1957 (SEAL)

fHURSDAY, FEBRUARY 19, 1953

687

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.
HB 521. By Messrs. Willis .and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act so as to change the qualifications of banks with which the County Treasurer of Thomas County is to do 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 527. By Mr. Gillis of Treutlen:
A Bill to be entitled an Act to supplement the compensation of the Ordinary of Treutlen 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 528. By Mr. Gillis of Treutlen:
A Bill to be entitled an Act to amend an Act so as to fix the compensation of the Clerk of the Board of Commissioners of Roads and Revenues of Treutlen 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 529. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to change from the fee to the salary system the compensation of certain officers 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.

(}88

JOURNAL OF THE HOUSE,

HB 530. By Mr. Gillis of Treutlen: A Bill to be entitled an Act to supplement the compensation of the Tax Commissioner of Treutlen 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 547. By Mr. Freeman of Monroe: A Bill to be entitled an Act to amend an Act so as to change the compensation of the Tax Commissioner of Monroe 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 595. By Mr. Drinkard of Lincoln:
A Bill to be entitled an Act to create a new charter for the City of Lincolnton, and for other purposes.

The report 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 596. By Messrs. Murr and Carter of Sumter:
A Bill to be entitled an Act to amend an Act so as to change the ad valorem taxes levied by 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 112, nays 0.
The bill, having received the requisite constitutional majority was passed.

HB 599. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act so as to provide the rules of practice and procedure in the City Court of Sylvester, and for other purposes.

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

THURSDAY, FEBRUARY 19, 1953

689

On the 'Passage of the bill, the ayes were 113, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 600. By Mr. Williams of Franklin:
A Bill to be entitled an Act to amend an Act so as to change .the corporate limits of the City of Franklin Springs, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed .to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received .the requisite constitutional majority, was passed.

HB 604. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to create a new charter for the City of Odum, and for other purposes.

The report 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 605. By Mr. Stevens of Marion:
A Bill to be entitled an Act to abolish the office of County Treasurer 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 607. By Messrs. Lokey, M. Smith and H. Smith of Fulton:

A Bill to be entitled an Act to amend an Act so as to extend the corpo-

rate limits of the City of Hapeville, and for other purposes.



The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 608. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to exclude certain property from the city limits of Atlanta, and for other purposes.

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

690

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 118, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 609. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to provide pension rights to certain members of the police and fire departments 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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 612. By Mr. Drinkard of Lincoln: A Bill to be entitled an Act to supplement the fees of the Tax Receiver of Lincoln County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, 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 97. By Senators Walker of the 45th, Clemmons of the 42nd and Dean of the 34th:
A Bill to be entitled an Act to authorize the Comptroller General of the State of Georgia to receive a contingent expense allowance and to provide for the method of paying said allowance and to provide the amount thereof, and for other purposes.
Referred to the Committee on State of Republic.
SB 111. By Senators Callaway of the 35th and Wilkes of the 53rd:
A Bill to be entitled an Act to amend an Act creating a Department of Law; to provide for a contingent expense allowance for the Attorney General, and for other purposes.
Referred to the Committee on State of Republic.

SR 13. By Senator Callaway of the 35th:
A Resolution to provide a concurrent Resolution making application to the Congress of the United States for the calling of a convention to propose an Amendment to the Constitution of the United States, and for other purposes.
Referred to the Committee on Ways and Means.

THURSDAY, FEBRUARY 19, 1953

691

Mr. Cummings of Seminole gave notice that at the proper time he would request that the Committee on Counties and County Matters be instructed to report the following Bill of the House back to the House:

HB 478. By Mr. Cummings of Seminole:
A Bill to be entitled an Act to abolish the present Board of County Commissioners of Seminole County, and for other purposes.

By unanimous consent, the House reconsidered its action in failing to pass the following Bills of the House and S~nate:

HB 381. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Sections 42-205 and 42-209 of the Code of Georgia so as to provide for the issuance of permits authoriing a report in lieu of tax stamps on feedstuffs, and for other purposes.

SB 83. By Senator Adams of the 12th:
A Bill to be entitled an Act to amend Code Section 26-6905 relating to one's pursuance of his business on Sunday, and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 254. By Messrs. Nightingale of Glynn, Lifsey of Lamar and others:
A Bill to be entitled an Act to amend an Act providing for the coverage of officers and employees of political subdivisions under the old age and survivors insurance provisions, and for other purposes.
The following Senate amendment to HB 254 was read:
Senator Hall of the 15th amends House Bill No. 254 as follows:
By adding a new section to be numbered and to read: SECTION 1-B. That said Act is hereby amended by striking in its entirety subsection (f) of Section 2 which subsection relates to the definition of "political subdivision" and inserting in lieu thereof the following:
"(f) The term 'political subdivision' within the terms of this Act, means counties and incorporated towns and cities and includes an instrumentality of (A) the State, (B) one or more political subdivisions of the State, or (C) the State and one or more of its political subdivisions; and the Board of Regents of the University System of Georgia."
and by adding a new section to be numbered Section 1-C to read:
SECTION 1-C. That said Act is hereby amended by striking in its entirety subsection (d) of Section 5, which subsection relates to the administration of the contribution fund and inserting in lieu thereof the following:
"(d) The Treasurer of the State Agency shall be treasurer and custodian of the Contribution Fund and shall administer such fund

692

JOURNAL OF THE HOUSE,

in accordance with the provisions of this Act and the directions of the State Agency, and shall pay all warrants drawn upon it in accordance with the provisions of this section and with such regulations as the State Agency may prescribe pursuant thereto. He shall be compensated for these services in an amount established by the Board of Trustees of the State Agency commensurate to the duties and responsibilities."
and by adding at the end of the caption of House Bill No. 254 immediately following the words "the Federal Social S-elcurity Act" the following:
"to define the term 'political subdivision' and to stipulate conditions for administration of the Contribution Fund and to provide withholding of funds where county and independent boards of education fail to collect and remit contributions."
and by adding a new section to be numbered 1-D and to read as follows:
1-D. That said act is hereby amended by adding a new subsection to Section 4 to be known as subsection (e) and to read as follows:
"(e) Should any county or independent board of education who has entered into a plan of coverage for their employee with the State Agency as provided for in this section fail to make collection from their employees and to make reports and payments agreed to in their plan of coverage, it shall be the duty of the State Agency to notify the State Board of Education of such failure and thereupon it shall be the duty of the State Board of Education to withhold from said county board of education or independent board of education failing to make such reports and remittances, all appropriations allotted to such county or independent board until said county or independent board has fully complied with the provisions agreed to in their plan of coverage by making reports and remittances of the payments provided for in their plan of coverage entered into with the State Agency, and it shall be illegal for the State Board or Department of Education to pay out or release such funds, unless the provisions of this section are complied with."

Mr. Nightingale of Glynn moved that the House agree to the Senate amendment to HB 254.
On the motion to agree, the ayes were 108, nays 0.
The Senate amendment to HB 254 was agreed to.

HB 142. By Mr. Hand of Mitchell:
A Bill to be entitled an Act to make General Appropriations for the operation of the State Government for the fiscal years beginning July 1, 1953, and for other purposes.

The following Senate amendments to HB 142 were read:
Committee moves to amend HB 142, Section 2, by striking from the sentence the extra words "Supreme Court" which are duplicated leaving only one of each of the words "Supreme Court".
Committee moves to amend HB 142, Section 9, by striking from the first paragraph of said section the words which read as follows:

THURSDAY, FEBRUARY 19, 1953

693

"For the cost of agricultural research as administered by the Director of Agricultural Research an amount of not less than $1,240,000; for the cost of operating the Agricultural Extension service an amount of not less than $825,000.00".

Committee moves to amend HB 142, Section 9, by striking from the last paragraph of said section the sentence which reads as follows:

"Provided that from the above appropriation the Board of Regents shall allot $400,000 for the development and construction of physical education and assembly facilities and cattle and agriculture display facilities by contract or otherwise at the University of Georgia at Athens and at the Georgia Institution of Technology at Atlanta."

Committee moves to amend HB 142, Section 14, sub-section (e) by adding following said sub-section a proviso to .read as follows:

"Provided, that from this appropriation the sum of not less than $250,000.00 shall be expended for one year for the erection and equipping of buildings at the School for Mental Defectives at Gracewood."

Committee moves to amend HB 142, Section 21, by striking the figures "$45,000.00" and inserting in lieu thereof the figures "$25,000.00".

Committee moves to amend HB 142, Section 22, by striking the figures "$225,000.00" and inserting in lieu thereof the figures "$275,000.00".

Committee furthex moves to ai;llend said section by adding a proviso

under the present section which shall read as follows:



"Provided, that from the funds appropriated in this section not less than $50,000.00 annually shall. be expended) in addition to the amount expended in the 1952-53 fiscal year for the _sole purpose of publicizing the State through paid advertising medium."

Committee moves to amend HB 142 following Section 49 by striking the total figures "$229,957,292.97" and inserting in lieu thereof the figures $229,987,292.97".

The Secretary of the Senate or Clerk of the House is hereby authorized and directed to check the additions of the Sections of this Bill and insert the correct grand totals following Sections 49 and 50.

Committee moves to amend HB 142, Section 50, sub-section (p) by adding at the end of said sub-section another proviso to read as follows:

"Provided, further, that from the amount above authorized a sum of not less than $25,000.00 be made available each fiscal year for the safekeeping and development and costs incident thereto of the Little Ocmulgee State Park."

Mr. Lovett of Laurens moved that the House agree to the Senate amendments to HB 142.
On the motion to agree, the ayes were 122, nays 0.
The Senate amendments to HB 142 were agreed to.
By unanimous consent, the Clerk was directed to establish a copy, the original having been lost in Committee, of the following Bill of the Senate:

694

JOURNAL OF THE HOUSE,

SB 78. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide the hours that voting precincts will remain open in certain cities, and for other purposes.

The following report was read:

February 16, 1953.

Hon. Fred Hand, Speaker, House of Representatives of Georgia

Mr. Speaker:
Your special committee to examine local constitutional amendments, have examined the following Resolutions and find that they apply only to the counties indicated:
SR 20. Baker County;

HR 18-87a. Tift County;

HR 48-220d. City of Alma, Bacon County;

HR 49-220e. Bacon County;

HR 116-362e. Coffee County; HR 130-420b. City of Douglas, Coffee County;

HR 131-420c. Coffee County;

HR 138-439b. Clarke County;

HR 144-515a. Echols County.

Respectfully submitted,

Nightingale of Glynn, Freeman of Monroe, Groover of Bibb.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Special Appropriations, read the second time, and recommitted:
HR 57-255a. By Messrs. Gunter and Terrell of Hall:
A Resolution compensating the White Music Company for damages, and for other purposes.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on State of the Republic, read the second time, and recommitted:

HR 172-624c. By Mr. Perkins of Carroll:
A Resolution providing that whenever employees of the State are prevented from observing a holiday due to the General Assembly being in session, the Governor may designate another day, and for other purposes.

THURSDAY, FEBRUARY 19, 1953

695

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industrial Relations, read the second time, and recommitted:

HB 572. By Messrs. Stewart of Echols and Greer of Lanier:
A Bill to be entitled an Act to amend an Act so as to provide that the Public Service Commission may prescribe regulations relating to welfare of railroad trainmen, and for other purposes.

By unanimous consent, the following Bills of the House were withdrawn from the Committee on Game and Fish, read the second time, and recommitted :

HB 317. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act relating to the selling of fresh water fish during spawning season, and for other purposes.

HB 245. By Messrs. Williams of Bulloch and Lanier of Candler:
A Bill to be entitled an Act to repeal an Act relating to rabies control in dogs, and for other purposes.

HB 606. By Messrs. Carswell of Burke and Scoggin and Hicks of Floyd :
A Bill to be entitled an Act to regulate the killing of rabbits, and for other purposes.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Municipal Government, read the second time, and recommitted:

SB 78. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide the hours that voting precincts will remain open in certain cities, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Motor Vehicles, read the second time, and recommitted:

HB 45. 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.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Amendments to the Constitution No. 1, read the second time, and recommitted :

HR 169-623a. By Messrs. Lovett and Gilder of Laurens:
A Resolution proposing a constitutional amendment providing for the merger of the city and county school systems in Laurens County, and for other purposes.

The following Resolutions of the House were read and adopted:

696

JOURNAL OF THE HOUSE,

HR 177. By Mr. Smith of Emanuel:

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.

HR 178. By Mr. Harrison of Jenkins:

A RESOLUTION
WHEREAS, the use of alcoholic beverages has created problems of such magnitude throughout state and nation that these problems can no longer be ignored by us, and
WHEREAS, the evidence of this problem is revealed (a) in the alarming increase of alcoholics until alcoholism is now recognized as one of our nation's health problems, (b) in the cluttering of our courts with cases growing out of the uses of such beverages, (c) in the accidents on our streets and highways, and in our industrial plants that must be attributed to the use of alcohol, (d) in the economic drain of some nine billion dollars per year being spent by our people for these beverages, and
WHEREAS, it is our firm conviction that the use of beverages alcohol is being greatly increased by a subtle and insidious campaign of advertising that is using practically every available newspaper, magazine, bill board, radio and television station that will lend itself to this campaign, and
WHEREAS, we deplore and condemn the practices of motion pictures, radio and television stations in all such direct and suggestive advertising, especially because of their great influence upon the children of our state and nation:
Therefore be it
RESOLVED BY THE SENATE (THE HOUSE OF REPRESENTATIVES CONCURRING)
First, that we request and importune our Senators and Congressmen in Washington to use their best influence to have the Interstate Commerce Commission, the Federal Communication Commission, and all

THURSDAY, FEBRUARY 19, 1953

697

other proper authorities deny the use of our postal service and mailing privileges, and all radio and television facilities for the use of all advertising of alcoholic beverages, and
Second, that we call upon all the advertising mediums in Georgia to take cognizance of the dangers and evils of beverage alcohol and to refuse, as far as is possible or practical, the use of their facilities for such advertising. We especially urge that all our radio and television stations deny the use of their facilities for the advertising of beer, which advertising we deem especially objectionable because of its influence upon our children, and Third, that a copy of these resolutions be sent to each of our S~nators and Congressmen.

HR 179. By Messrs. Rowland of Johnson and Land of Wilkinson:

A RESOLUTION
To pay tribute to Honorable Alex Boone, legislator, statesman, and businessman; and for other purposes.
WHEREAS, since the last session of the General Assembly of the State of Georgia our commonwealth has sustained a great loss through the death of Honorable Alex Boone, legislator, statesman, and businessman; and
WHEREAS, it is meet and proper that this General Assembly take official notice of the passing of that great Georgian and record a merited tribute to his useful life. He lived by a basic set of principles he believed to be right and just and would not hesitate to defend them. He was always firm in conviction, broad in vision, and indomitable in energy. He devoted a long life in loyalty and affection to the improvement of conditions in his native county and State, having served many years in the General Assembly of this State.
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives of the State of Georgia, the Senate concurring, that this tribute be spread upon the minutes of both houses of this General Assembly, in session assembled, and that a copy of this tribute be delivered to the family of the deceased.

HR 180. By Messrs. Barber of Jackson and Hand of Mitchell:

A RESOLUTION
Requesting the members of the Georgia Congressional Delegation to exert their efforts towards obtaining the full appropriation authorized under the provisions of The George-Barden Act; and for other purposes.
WHEREAS, Vocational Education has meant so much to Georgia and Georgians; and
WHEREAS, there is a great need for the further development of vocational education in order that all Georgians who need it and can profit by it might have opportunity for vocational training; and
WHEREAS, there are many schools in Georgia as well as in other States with no programs of vocational education and many others with inadequate programs; and

U98

JOURNAL OF THE HOUSE,

WHEREAS, the prosperity and well-being of a state and nation are dependent on the skill and productive capacity of its citizenry; and
WHEREAS, Vocational Education develops skills and increases productive capacity of individuals; and
WHEREAS, the security of our nation is dependent in a large measure on the skill, technical knowledge and the ability of the masses to produce; and
WHEREAS, the Federal Vocational Education Act of 1946, known as The George-Barden Act, authorizes an appropriation of $29,300,000 annually and less than $19,000,000 is being appropriated annually; and
WHEREAS, distinguished Georgia statesmen, the late Hon. Hoke Smith, the late Hon. Dudley M. Hughes, our present Senior Senator, the Hon. Walter F. George, and Ex-Congressman, the Hon. Braswell Deen, authored and championed the National Vocational Education Acts; and
WHEREAS, the entire Georgia delegation in National Congresspast and present-have supported vocational education appropriations and measures through the year;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that we commend the members of our Georgia Delegation in National Congress for the support they have given vocational education in the past and urge them to continue their support and redouble their efforts to obtain the full appropriation of $29,300,000 authorized under the provisions of the George-Barden Act.
BE IT FURTHER RESOLVED that the Secretary of State be instructed to immediately make available a certified copy of this Resolution to each member of the Georgia Delegation in National Congress.

HR 181. By Mr. Green of Rabun:

A RESOLUTION
WHEREAS, the members of the House of Representatives, their wives and friends were sumptiously entertained at a reception, barbecue, and football game at Athens on Saturday, November 29, 1952;
WHEREAS, those responsible for this bountiful entertainment were the gentlemen from Clarke, the Honorable Chappelle Matthews and the Honorable Robert G. Stephens, Jr., the City of Athens, Georgia, the University of Georgia, and the Athletic Department of the University of Georgia;
AND WHEREAS, the members of the House of Representatives, their wives and friends have come to eagerly anticipate this annual gettogether and time of good fellowship;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives of the State of Georgia that the sincere and gracious thanks of this Body be extended the gentlemen from Clarke, the Honorable Chappelle Matthews, the Honorable Robert G. Stephens, Jr., the City of Athens, Georgia, the University of Georgia, and the Athletic Department of the University of Georgia; and that a copy of this Resolution be sent each of the above.

THURSDAY, FEBRUARY 19, 1953

699

HR 182. By Mr. M. Smith of Fulton:

A RESOLUTION
WHEREAS: Chief Morris W. Dean of the Atlanta Fire Department was killed, and fourteen other Atlanta firemen were injured in line of duty on February 9th, 1953, and
WHEREAS: W. M. (Tex) Richards of the Atlanta Police Department was killed and Sgt. G. W. (Red) Collins was seriously injured also in line of duty on December 2, 1952. and,
WHEREAS: These brave men and their comrades on both Departments exemplify the courage and devotion to duty that has made them among the finest in the Country, and
WHEREAS: These men have joined the array of heroes who have preceded them, and whose example they have so courageously followed, and,
WHEREAS: A grateful public extends its sincere sympathy and deepest appreciation to these Departments, the families and comrades of these heroes, now, therefore,
BE IT RESOLVED: By the House of Representatives, the Senate Concurring, that these men and those others who have shown such exemplary courage, have, by their example, enshrined themselves in the hearts of all Georgians, and
BE IT FURTHER RESOLVED: That these bodies do extend their sincerest sympathy to the family and friends of these men, and want them to know that in their sorrow, they have the full satisfaction and knowledge that they lived up to the finest traditions of both Departments.
BE IT FURTHER RESOLVED: That this resolution be spread upon the minutes of the Journals of both houses, and a copy be sent to the families of Chief Dean and Patrolman Richards.

HR 183. By Messrs. Campbell of Oconee and Bentley of Cobb:

A RESOLUTION
WHEREAS, Senate Bill Number 19, authorizing the State Department of Veterans Service to purchase an ambulance, has passed the General Assembly of Georgia; and
WHEREAS, said ambulance undoubtedly will not serve all veterans in South Georgia, North Georgia, East Georgia and West Georgia at the same time; and
WHEREAS, the veterans of our State, regardless of the county of their residence, gloriously and equally defended their country and State in its hours of trials and tribulations; and
WHEREAS, the use of said ambulance will require discretion on behalf of the State Department of Veterans Service; and
WHEREAS, the passage of said Act was not unanimous but, to

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the contrary, met strong opposition because of the inability of one ambulance to serve the entire State; and
WHEREAS, a letter has been sent to some counties by the Director of the State Department of Veterans Service, commending certain Senators and Representatives for actively supporting said Act; and
WHEREAS, said letter wishes the veterans of those counties "to feel that they have a high priority on this ambulance service."; and
WHEREAS, this priority places within the hearts of those opposing legislators an abysmal fear that the veterans of their counties shall not receive ambulance service because of the priority accorded counties whose legislators sought passage of said Act;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, that the General Assembly of Georgia earnestly beseech, implore, entreat and plead with the Director of the State Department of Veterans Service not to punish and discriminate against the sick and wounded veterans of those counties whose Senators and Representatives indiscreetly opposed the use of one ambulance throughout the State.

HR 184. By Mr. Musgrove of Clinch:

A RESOLUTION
WHEREAS, the deadline date for filing State Income Tax returns is March 15, 1953, and
WHEREAS, due to their services as members 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 Income Tax Division of the State Department of Revenue 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 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 185. By Mr. Musgrove of Clinch:

A RESOLUTION
WHEREAS, the deadline date for filing Federal Income Tax returns is March 15, 1953, and
WHEREAS, due to their services as members 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,

THURSDAY, FEBRUARY 19, 1953

701

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 IT FURTHER RESOLVED that a copy of this resolution be mailed to the Collector of Internal Revenue for the District in which the State of Georgia is located.

Under the regular order of business, the following Bill of the House was again taken up for consideration:

HB 250. By Messrs. Cowart of Stewart and Bodenhamer of Tift:
A Bill to be entitled an Act to amend Section 32-915 of the Code of Georgia Telating to the power of the County Board of Education to consolidate schools, and for other purposes.

Mr. Hicks of Floyd moved the previous question, and the motion prevailed.
An amendment offered by Mr. Dean of Towns was withdrawn.
The Committee substitute to HB 250 was lost.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, the ayes were 23, nays 108.
The bill, having failed to receive the requisite constitutional majority, was lost.
Under the regular order of business, the following Resolutions and Bills of the House and Senate were taken up for consideration, and read the third time:

HR 150-533a. By Mr. Perkins of Carroll:
A Resolution proposing a constitutional amendment providing for the procedure to be followed in the consolidation of schools by county boards of education, and for other purposes.

Mr. Ray of Warren moved that further consideration of HR 150-533a be postponed indefinitely, and the motion prevailed.

HR 18-87a. By Messrs. Bodenhamer and Williams of Tift:
A RESOLUTION
Proposing to the qualified voters of Tift County an amendment to Article VIII, Section 5, Paragraph 1 of the Constitution of Georgia so as to provide that all of Tift County shall comprise one school district and it shall be under the control and management of a County Board of Education composed of seven members; to provide for the appointment of members of the first such Tift County Board of Education by the Judge of the Superior Court of Tift County and to provide thereafter for their election; to provide for the qualifications, residence requirements and terms of office of members of said Tift County Board of

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Education to be appointed and to be elected; to provide for a special school tax of two (2) mills on the dollar to be levied when recommended by said Tift County Board of Education on all property in said county in addition to all other taxes required or authorized under the constitution and laws of this State; to provide for the election and appointment of a County School Superintendent by the Tift County Board of Education and to provide for his 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 Paragraph I, Section V, Article VIII of the Constitution of Georgia of 1945 be, and the same is hereby amended by adding at the end thereof the following:
"All of Tift County shall compose one school district and shall be under the control and management of a County Board of Education.
"The Tift County Board of Education shall consist of seven (7) members, who shall serve without compensation. The Judge of the Superior Court of Tift County shall appoint the first board and one (1) of the members so appointed shall hold office for 4% years, two (2) for 3% years, two (2) for 2% years, and two (2) for 1% years.
"At the expiration of the terms of members of said board so appointed, their successors shall be elected by the qualified voters of Tift County for a term of 4 years. The election for board members shall be held on the second Tuesday in December each year at an election held for the purpose of electing members of the Tift County Board of Education. All candidates for membership on the Tift County Board of Education shall register with the Ordinary of said county at least ten days before the election. The Ordinary shall provide for said election in the same manner and at the same places as regular elections and declare the results and certify to the proper authorities the duly elected members of said board.
The County Board of Education provided for in this amendment shall take office on the July 1st next after the General Assembly of Georgia shall enact the necessary legislation implementing the provisions of this amendment following its ratification.
"One member of said Tift County Board of Education shall be a resident of the Omega or Docia Militia District; One member a resident of the Ty Ty or Chula Militia Districts; one member a resident of the Eldorado, Brighton or Brookfield Militia Districts; Three members who are residents of the Tifton Militia District, one of whom shall be from within the city limits of Tifton and one from that portion of the Tifton Militia District lying outside the city limits of Tifton, and one from either within the city limits of Tifton or that portion of the Tifton Militia District lying outside the city limits of Tifton; one member at large who shall be a resident of any Militia District in Tift County. This member at large shall be alternated in this manner: Every other term

THURSDAY, FEBRUARY 19, 1953

703

said member at large shall be a resident of the Tifton Militia District, and every other term the member at large shall be a resident of any of the Militia Districts of Tift County except the Tifton Militia District, it being provided however that on the first Board of Education which shall be appointed by the Judge of the Superior Court as hereinafter set out, said member at large shall be a resident of the Tifton Militia District.
"The first board of education to be appointed by the Judge of the Superior Court, as aforesaid, shall be as follows: Three members, of whom one shall be a resident of the Omega or Docia Militia Districts, one a resident of the Chula or Ty Ty Militia Districts, and one a resident of the Brighton, Brookfield or Eldorado Militia Districts, shall be chosen from the five members of the Tift County Board of Education who are serving at the time the Judge makes said appointments to the new board. One of said three members referred to shall be appointed for a term of 3% years, one for a term of 2Y, years, and one for a term of llh years.
"Two members who will represent the Tifton Militia District shall be chosen from the five members of the City of Tifton Board of Education who are serving at the time the said Judge makes the appointments to the new board. One of these two members referred to shall be appointed for a term of 3% years and the other for a term of 2% years.
"One member who shall be a resident of that portion of the Tifton Militia District lying outside the city limits of Tifton and his term shall be for 1% years.
"One member who shall be designated a member at large and his term shall be for 4% years. However, said member at large to be appointed by the Judge of Superior Court on said first Board of Education shall be a resident of the Tifton Militia District, without regard to whether his residence is inside the city limits of Tifton or outside said city limits of Tifton.
"All rights, powers and duties now exercised by the Tift County
Board of Education and the Tifton City Board of Education shall
be vested in the Tift 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 elect a successor who shall hold office until the January 1st following the election of a person to fill said unexpired term at a regular December election. If there are one or more years remaining of the vacated member's term, the vacancy shall be filled for the unexpired term by election as provided for in Section 1 herein. No person shall be eligible to hold office as a member of the Tift County Board of Education who is not of good moral character, has not. at least a reasonable knowledge of the elementary branch of an English education and who is not favorable to the common school system, and who is not a voter registered and qualified to vote for members of the General Assembly. No person who is or has been connected with or employed by a school book publishing concern 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, and

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if any person shall be so connected or employed after becoming a member of the board, his place shall immediately become vacant.
"That in addition to all other taxes authorized or required by the Constitution and laws of this State, the fiscal authorities of the County shall levy a tax for the support and maintenance of schools under the jurisdiction of the Tift County Board of Education of two (2) mills upon the dollar on all taxable property located in the County of Tift when such additional two-mills tax is recommended by the Tift County Board of Education.
"From and after the ratification of this amendment the voters of Tift County shall no longer elect a county school superintendent. There shall be a county school superintendent who shall be selected or appointed by the Board of Education of Tift County. Before any person shall be selected or appointed county school superintendent he shall have all of the qualifications which are now, or may hereafter be prescribed by law for county school superintendents of the State, except that any legal requirements as to local residence shall not be applicable."

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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph 1 of the Constitution of Georgia of 1945, as amended, for two months prevoius to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors of this State.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII, Section I, Paragraph 1 of the Constitution of Georgia providing that all of Tift County shall comprise one school district under the control of a County Board of Education composed of seven members."
"Against ratification of amendment to Article VIII, Section I, Paragraph 1 of the Constitution of Georgia providing that all of Tift County shall comprise one school district under the control of a County Board of Education composed of seven members."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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

THURSDAY, FEBRUARY 19, 1953

705

ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

Notice of Intention to Apply for local Legislation
Notice is hereby given that there will be introduced in the session of the General Assembly of Georgia convening on January 12, 1953, legislation affecting the County of Tift, said legislation to provide that there shall be proposed to the qualified voters of Tift County an amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, so as to provide that all Tift County shall compose one school district which shall be under the control and management of a county board of education, composed of 7 members; to provide for the appointment of members of the first such Tift County Board of Education by the Judge of the Superior Court of Tift County, and to provide thereafter for their election; to provide for the qualifications, residence requirements, and terms of office of members of said Tift County Board of Education to be appointed and to be elected; to provide for a special school tax of two (2) mills on the dollar to be levied, when recommended by said Tift County Board of Education on all property in said county in addition to the fifteen (15) mills provided for in Article VIII, Section XII, Paragraph 1 of the Constitution; and to propose to the qualified voters of Tift County an amendment to Article VIII, Section VI, Paragraph I, of the Constitution of Georgia, so as to provide for the selection and appointment of a County School Superintendent by the Tift County Board of Education, and to provide for his qualifications; to provide for the submission of said amendments to the qualified voters of Tift County for ratification or rejection; and for other purposes.
This the 12th day of December, 1952.
Wm. T. Bodenhamer, J. L. Williams, Representatives of Tift County to the General Assembly of Georgia.
Georgia, Tift County.
Personally appeared before me, the undersigned attesting officer, Representative Wm. T. Bodenhamer and Representative J. L. Williams, who on oath say they are the Representatives from Tift County, Georgia, and further depose and say that the above and foregoing attached notice was published in the Tifton Gazette on December 18, 24, 1952 and on January 1, 8, 1953, and that said publication is the publication in which the Sheriff of said county places his official advertisements.
/sf J. L. Williams js/ Wm. T. Bodenhamer
Sworn to and subscribed before me this 13th day of January, 1953.
js/ Janette Hirsch
Notary Public.
Notary Public Fulton County, Georgia
My Commission Expires Oct. 7, 1956
Notarial Seal Affixed
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.

706

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs:

Abney of Catoosa Adams of Evans Adams of Upson Ayers Barber of Jackson Baughman Bell Bentley Best Birdsong Black Blackburn Blalock Bloodworth Boggus Bolton Brantley Bray Brazeal Britton Brooks Brown Buie Byrd Callier Campbell of Oconee Campbell of Walker Carswell Carter Chasti an Clark Clary Cloud Coffin Coker Conger Connell Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Durham Edenfield Edwards Floyd Flynt Foster Fowler

Freeman Frier Gardner Garrard Gilder Gillis Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Haar Hale Hamilton Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Hopkins Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Key King Land Lavender Layton Lewis Little Lokey Lovett McCracken McKenna McWhorter Martin

Matheson Mauldin Moate Mobley Moore of Pickens Moore of White Moses Moye Murr Musgrove Nelson Nightingale Otwell Parker Perkins Phillips of Columbia Pickard Raulerson Ray Register Russell Rutland Scoggin Sheffield Short Sipple of Chatham Sivell Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton Stephens of Clarke Stewart Stocks Swindle Tallant Tamplin Tarbutton Tarpley Terrell Todd Trapnell Turk Turner Twitty Wardlow Watson White Whitener Wiggins Wilkinson
Williams of Franklin Williams of Tift

THURSDAY, FEBRUARY 19, 1953

707

Willingham Willis

Wooten Young

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

On the adoption of the resolution, the ayes were 163, nays 0.

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

Mr. Bodenhamer of Tift requested that the Journal show him as having voted for the adoption of HR 18-87a.

HR 48-220d. By Mr. Deen of Bacon:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VII, Section V, Paragraph I of the Constitution of Georgia of 1945, authorizing the City of Alma to levy a tax not to exceed one mill for the purpose of creating and setting aside a fund to be used in assisting, .promoting and encouraging the location of new industries in the City of Alma, and authorizing the City officials in charge of the physical affairs of the City to select a Board of citizens from the City to sit with them and advise them respecting the use, employment and distribution of such funds; 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.
Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945 be amended by adding at the end of said Paragraph I the following:
"Provided, however, that the City of Alma, in Bacon County, is authorized to levy a tax, in addition to those already provided for by law, not to exceed one mill, on all the taxable property in the City 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 the City of Alma, and the city officials of said City are authorized to select a committee of citizens of the City to sit with them and advise them in the handling and distribution of such funds for the purposes stated."

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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed

708

JOURNAL OF THE HOUSE,

amendment shall be submitted for ratification or rejection to the electors as provided in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution so as to provide that the City of Alma may levy a tax not to exceed one mill for the purpose of creating and setting aside a fund to be used in assisting, promoting and encouraging the location of new industries in the City of Alma."
"Against ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution so as to provide that the City of Alma may levy a tax not to exceed one mill for the purpose of creating and setting aside a fund to be used in assisting, promoting and encouraging the location of new industries in the City of Alma."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and 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 Adams of Evans Adams of Upson Ayers Barber of Jackson Baughman Bell Bentley Best Birdsong Black Blackburn Blalock Bloodworth Boggus Bolton Brantley Bray Brazeal Britton Brooks

Brown Buie Byrd
Callier Campbell of Oconee Campbell of Walker Carswell Carter Chastain Clark Clary Cloud Coffin Coker Conger Connell Cowart Deal Dean of Towns Deen of Bacon Denton

Dews Drinkard Dunaway Durham Edenfield Edwards Floyd Flynt Foster Fowler Freeman Frier Gardner Garrard Gilder Gillis Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp

THURSDAY, FEBRUARY 19, 1953

709

Greer Grimsley Groover of Bibb Groover of Troup Gunter *Cummings Haar Hale Hamilton Harrell Harriss Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Hopkins Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Key King Land Lavender

La)Iton Lewis Lokey Lovett McCracken McKenna McWhorter Martin Matheson Mauldin Moate Mobley Moore of Pickens Moore of White Moses Moye Murr Musgrove Nelson Nightingale Otwell Parker Perkins Phillips of Columbia Pickard Raulerson Ray Register Russell *Little Rutland Scoggin Sheffield Short

Sipple of Chatham Sivell Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton Stephens of Clarke Stewart Stocks Swindle Tallant Tamplin Tarbutton Tarpley Terrell Todd Trapnell Turk Turner Twitty Wardlow Watson White Whitener Wiggins Williams of Franklin Williams of Tift Willingham Willis Wooten Young *Wilkinson

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

On the adoption of the resolution, the ayes were 163, nays 0. The resolution, having received the requisite two-thirds constitutional majority, was adopted.

Mr. Bodenhamer of Tift requested that the Journal show him as having voted for the adoption of HR 48-220d.

HR 49-220e. By Mr. Deen of Bacon:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945, authorizing Bacon County to levy a tax not exceeding 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 Bacon County; authorizing the county officers in charge of the physical affairs of the county to select a board of citizens from the county to sit with them and advise them respecting the use, employment and distribution of such funds; to provide for the submis-

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sion of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.
Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945, be amended by adding to the end of said Paragraph I of the following:
"Provided, however, that Bacon County is authorized to levy a tax in addition to those already provided for by law, 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 Bacon County, and the county officers of said county are authorized to select a committee of citizens of the county to sit with them and advise them in the handling and distribution of such funds for the purposes stated."

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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution so as to provide that Bacon County may levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries in Bacon County."
"Against ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution so as to provide that Bacon County may levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging location of new industries in Bacon County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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

THURSDAY, FEBRUARY 19, 1953

711

ascertain the result and 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 Adams of Evans Adams of Upson Ayers Barber of Jackson Baughman Bell Bentley Best Birdsong Black Blackburn Blalock Bloodworth Boggus Bolton Brantley Bray Brazeal Britton Brooks Brown Buie Byrd Callier Campbell of Oconee Campbell of Walker Carswell Carter Chastain Clark Clary Cloud Coffin Coker Conger Connell Cowart Deal Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Durham Edenfield

Edwards Floyd Flynt Foster Fowler Freeman Frier Gardner Garrard Gilder Gillis Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter *Cummings Haar Hale Hamilton Harrell Harriss Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Hopkins Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Key

King Land Lavender Layton Lewis Lokey Lovett McCracken McKenna McWhorter Martin Matheson Mauldin Moate Mobley Moore of Pickens Moore of White Moses Moye Murr Musgrove Nelson Nightingale Otwell Parker Perkins Phillips of Columbia Pickard Raulerson Ray Register Russell *Little Rutland Scoggin Sheffield Short Sipple of Chatham Sivell Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton Stephens of Clarke Stewart Stocks Swindle

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Tallant Tamplin Tarbutton Tarpley
Terrell Todd Trapnell Turk

Turner Twitty Wardlow Watson White Whitener Wiggins Williams of Franklin

Williams of Tift Willingham Willis Wooten Young *Wilkinson

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

On the adoption of the resolution, the ayes were 163, nays 0.

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

Mr. Bodenhamer of Tift requested that the Journal show him as having voted for the adoption of HR 49-220e.

HR 116-362e. By Messrs. Holton and Hayes of Coffee:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, authorizing Coffee County to levy a tax not exceeding one-half 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 and the development of agriculture in Coffee County; authorizing the county officers in charge of the fiscal affairs of the county to select a board of citizens from the county to sit with them and advise them respecting the use, employment and distribution of such funds; 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.
Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, is hereby amended by adding to the end of said Paragraph I the following:
"Provided, however, that Coffee County is authorized to levy a tax in addition to those already provided for by law, not to exceed onehalf 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 and the development of agriculture in Coffee County, and the county officers of said county are authorized to select a committee of citizens of the couRty to sit with them and advise them in the handling and distribution of such funds for the purposes stated."

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

THURSDAY, FEBRUARY 19, 1953

713

branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed the:reon the following:
"For ratification of amendment to Article VII, Section IV, Paragraph I, of the Constitution so as to provide that Coffee County may levy a tax not to exceed one-half mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries and the development of agriculture in Coffee County."
"Against ratification of amendment to Article VIII, Section IV, Paragraph I, of the Constitution so as to provide that Coffee County may levy a tax not to exceed one-half mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries and the development of agriculture in Coffee County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and 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 Adams of Evans Adams of Upson Ayers Barber of Jackson Baughman Bell Bentley Best Birdsong Black Blackburn Blalock

Bloodworth Boggus Bolton Brantley Bray Brazeal Britton Brooks Brown
Buie Byrd Callier Campbell of Oconee

Campbell of Walker Carswell Carter Chastain Clark Clary Cloud Coffin Coker Conger Connell Cowart Deal

714

JOURNAL OF THE HOUSE,

Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Durham Edenfield Edwards Floyd Flynt Foster Fowler
Freeman Frier Gardner Garrard Gilder Gillis Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Cummings Haar Hale Hamilton Harrell Harriss
Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley

Hollis Holloway Holton Hopkins Hughes Ingle Ivey
Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Kemp Key King
Land Lavender Layton Lewis Lokey
Lovett McCracken McKenna McWhorter Martin Matheson Mauldin Moate Mobley Moore of Pickens Moore of White Moses Moye
Murr Musgrove Nelson Nightingale
Otwell Parker Perkins Phillips of Columbia Pickard

Raulerson Ray Register Russell Little Rutland Scoggin Sheffield Short Sipple of Chatham Sivell Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton Stephens of Clarke Stewart Stocks Swindle Tallant Tamplin Tarbutton Tarpley Terrell Todd Trapnell Turk Turner Twitty
Wardlow Watson White Whitener Wiggins Williams of Franklin Williams of Tift Willingham Willis Wooten Young Wilkinson

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

On the adoption of the resolution, the ayes were 163, nays 0.

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

Mr. Bodenhamer of Tift requested that the Journal show him as having voted for the adoption of HR 116-362e.

HR 130-420b. By Messrs. Hayes and Holton of Coffee.
A RESOLUTION Proposing to the qualified voters an amendment to Article VIII,

THURSDAY, FEBRUARY 19, 1953

715

Section 5, Paragraph 1 of the Constitution of Georgia so as to provide for the merger of the existing independent school system and district of the City of Douglas, Georgia, with the existing school district of Coffee County; to abolish the existing five-member Board of Education of Coffee County and to create a new seven-member Board; to provide for the election of the seven-member Board; to provide for the fixing of the terms of office, qualifications, duties, responsibilities, authorities and compensation of the members of the seven-member Board; to provide for a referendum to the qualified voters; and for other purposes.
Be it resolved by the General Assembly of Georgia as follows:

SECTION 1.
Article VIII, Section 5, Paragraph 1 of the Constitution of Georgia is hereby amended by adding at the end thereof new paragraphs which shall read as follows:
"The independent school system and district of the City of Douglas, Georgia, as hereby merged with the existing school system ad district of Coffee County, which is located without the corporate limits of the City of Douglas, thereby abolishing the present school system and district of the City of Douglas and enlarging the present existing school system of Coffee County so as to be co-extensive with the limits of Coffee County, Georgia.
"The school district so enlarged shall be governed by the laws now controlling the operation of the present Coffee County School system as the same may be applied to the enlarged district.
"The present five-member Board of Education of Coffee County, Georgia, is hereby abolished and a new seven-member Board of Education of Coffee County, Georgia, is hereby created. The members of the said seven-member Board of Education shall be elected by the Grand Jury of Coffee County; two of the members of the Board to reside within the corporate limits of the City of Douglas; one of the members shall reside within the Douglas militia districts of Coffee County other than the Douglas militia district. City of Douglas; the remaining four members shall reside in militia district of Coffee County other than the Douglas militia district. With the exception of the Douglas militia district, not two or more Board members shall reside in the same militia district; and when any member or members of the Board shall remove from the militia district from which appointed, or from within the corporate limits of the City of Douglas, as the case may be, the place of such member or the places of such members on the Board of Education shall immediately become vacant.
"The original terms of office of the members of the Board of Education of Coffee County shall be one member for a term of one year; two members for a term of two years; two members for a term of three years; and two members for a term of four years. Thereafter, all terms to fill expired terms shall be for a period of four years. The term of office of no two of the three members of the Board from the Douglas militia district shall expire within the same year.
"The members of the Board of Education of Coffee County

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JOURNAL OF THE HOUSE,

shall have such qualifications as are now or may hereafter be fixed by law.
"The members of the Board of Education of Coffee County, Georgia, shall receive such compensation as may be fixed by the Board within the laws of Georgia.
"The seven-member Board of Education of Coffee County, Georgia, shall be vested with all the powers and authority and be subject to all the laws and regulations under which the former fivemember Board operated the Coffee County school system, as the same may apply to the enlarged district.

SECTION 2.
When the above proposed amendment to the Constitution shall have been agree to by two-thirds of the members elected to each of the two branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII, Section 5, Paragraph I of the Constitution of Georgia so as to provide for the merger of the independent school system of the City of Douglas with the existing school district of Coffee County so as to make the school district of Coffee County co-extensive with the limits of Coffee County and to provide for the creation, qualifications, duties, responsibilities, authorities and compensation of a seven-member Board of Education of Coffee County."
"Against ratification of amendment to Article VIII, Section 5, Paragraph 1 of the Constitution of Georgia so as to provide for the merger of the independent school system of the City of Douglas with the existing school district of Coffee County co-extensive with the limits of Coffee County and to provide for the creation, qualifications, duties, responsibilities, authorities and compensation of a seven-member Board of Education of Coffee County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

THURSDAY, FEBRUARY 19, 1953

717

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 Evans Adams of Upson Ayers Barber of Jackson Baughman Bell Bentley Best Birdsong Black Blackburn Blalock Bloodworth Boggus Bolton Brantley Bray Brazeal Britton Brooks Brown Buie Byrd
Callier Campbell of Oconee Campbell of Walker Carswell Carter Chastain Clark Clary Cloud Coffin Coker Conger Connell Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Durham Edenfield Edwards Floyd

Flynt Foster Fowler Freeman Frier Gardner Garrard Gilder Gillis Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley
Groover of Bibb Groover of Troup Gunter Harr Hale Hamilton Harrell Harris
Harrison of Jenkins Harrison of Wayne Hayes
Henderson Hicks Hodges Holley
Hollis Holloway Holton Hopkins Hughes Ingle Ivey Jackson Jessup
Johnson Jones of Lumpkin Jones of Worth Key King
Land Lavender Layton Lewis Little

Lokey Lovett McCracken McKenna McWhorter Martin Matheson Mauldin Moate Mobley Moore of Pickens Moore of White Moses Moye Murr Musgrove Nelson Nightingale Otwell Parker Perkins Phillips of Columbia Pickard Raulerson Ray Register Russell Rutland Scoggin Sheffield Short Sipple of Chatham Sivell Smiley Smith of Cobb Smith of Emanuel Hoke Smith of FultoJ Stephens of Clarke Stewart Stocks Swindle Tallant Tamplin Tarbutton Tarpley Terrell Todd Trapnell Turk Turner

718

JOURNAL OF THE HOUSE,

Twitty Wardlow Watson White Whitener

Wiggins Wilkinson Williams of Franklin Williams of Tift Willingham

Willis Wooten Young

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

On the adoption of the resolution, the ayes were 163, nays 0.

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

Mr. Bodenhamer of Tift requested that the Journal show him as having voted for the adoption of HR 130-420b.

HR 131-420c. By Messrs. Hayes and Holton of Coffee:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section 6, Paragraph I of the Constitution of Georgia so as to provide for the elel!tion of a Superintendent of the Coffee County Schools by the Coffee County Board of Education; to provide for the fixing of qualifications, duties, responsibilities, authorities and compensation of the Superintendent of Coffee County Schools; to provide that the General Assembly shall be authorized to pass special enabling acts; to provide for a referendum to the qualified voters; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.
Article VIII, Section 6, Paragraph I of the Constitution of Georgia is hereby amended by adding at the end thereof new paragraphs which shall read as follows:
"The Superintendent of Coffee County schools shall be elected by the Board of Education of Coffee County, Georgia, effective January 1, 1957 and the Coffee County Board of Education shall fix the qualifications, duties, responsibilities, authorities and compensation of the Superintendent of the Coffee County schools.
The General Assembly shall provide for the fixing of the term of office of the Superintendent of the Coffee County schools.
"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 thereto are to be liberally construed so as to effectuate the general purposes of this Act.
"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 of Georgia."

THURSDAY, FEBRUARY 19, 1953

719

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 branches 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 proposed amendment to be published as provided in Article XIII, Section 1, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII, Section 6, Paragraph I of the Constitution of Georgia so as to provide for the election of the Superintendent of Coffee County schools and to provide for the fixing of his qualifications, duties, responsibilities, authorities and compensation."
"Against ratification of amendment to Article VIII, Section 6, Paragraph I of the Constitution of Georgia so as to provide for the election of the Superintendent of Coffee County schools and to provide for the fixing of his qualifications, duties, responsibilities, authorities and compensation."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and 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 Adams of Evans Adams of Upson Ayers Barber of Jackson Baughman
Bell Bentley Best Birdsong Black

Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brantley Bray Brazeal Britton Brooks

Brown Buie Byrd
Callier Campbell of Oconee Campbell of Walker Carswell
Carter Chastain Clark Clary

720

JOURNAL OF THE HOUSE,

Cloud Coffin Coker Conger Connell Cowart Cummings Deal .Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Durham Edenfield Edwards Floyd Flynt Foster Fowler Freeman Frier Gardner Garrard Gilder Gillis Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Haar Hale Hamilton Harper Harrell Harriss Harrison of Jenkins

Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Hopkins Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Key King Land Lavender Layton Lewis Lokey
Lovett McCracken McKenna McWhorter Martin Matheson Mauldin Moate Mobley Moore of Pickens Moore of White Moses Moye Murr Musgrove Nelson Nightingale
Otwell Parker

Perkins Phillips of Columbia Pickard Raulerson Ray Register Russell Little Rutland Scoggin Sheffield
Short Sipple of Chatham Sivell Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton Stephens of Clarke Stewart Stocks Swindle Tallant Tamplin Tarbutton Tarpley
Terrell Todd Trapnell Turk Turner Twitty Wardlow Watson White Whitener Wiggins Williams of Franklin Williams of Tift Willingham Willis Wooten Young Wilkinson

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

On the adoption of the resolution, the ayes were 163, nays 0.

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

Mr. Bodenhamer of Tift requested that the Journal show him as having voted for the adoption of HR 131-420c.

THURSDAY, FEBRUARY 19, 1953

721

HR 138-439b. By Messrs. Stephens and Matthews of Clarke:

A RESOLUTION
Proposing to the qualified voters of Clarke County, Georgia under the provisions of Article 13, Section 1, Paragraph 1, as amended by the vote of the people in the General Election of 1952), an amendment to Article VIII, Section VII 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 effectuate the merger of the existing independent school system known as the Board of Education of Athens, Georgia, and the existing school district in the County of Clarke lying outside the corporate limits of the Mayor and Council of the City of Athens, a municipal corporation, creating by such merger one independent school district or system co-extensive with the limits of said county; to invest said district or system so created with a governing body and with all necessary powers and duties to carry out the purposes for which created; to provide a method for submission of this amendment to said voters for ratification; to provide for continued operation before enabling act; to provide for necessary advertising of said proposed amendment; and for other purposes.

SECTION 1.
Be it resolved by the General Assembly of Georgia that Article VIII, Section VII of the Constitution of the State of Georgia shall be amended so as to add to said section a new paragraph, to read as follows:
"MERGER OF EXISTING INDEPENDENT SCHOOL SYSTEM KNOWN AS THE BOARD OF EDUCATION OF ATHENS, GEORGIA AND EXISTING SCHOOL DISTRICT IN CLARKE 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 known as the Board of Education of Athens, Georgia and the existing school district in the County of Clarke outside the corporate limits of said city, as said corporate limits will exist on December 31, 1954, or may be thereafter extended, so that the entire area of said county shall constitute one school district or system, the existing independent school system of said city and the existing school district in said county outside said corporate limits of said city being thereby abolished. The construction, equipment and operation of a public library or libraries by said school system so to be created shall be held to be a part of said school system.
"(a) The said act or acts of the General Assembly shall authorize the levying of ad valorem taxes, uniform throughout said county, with or without limitation of such rate, as the General Assembly may provide for the support of said school system. For school purposes only, property taxed for support of said school system shall not be subject to the privileges of the homestead exemption provided by Article VII, Section I, Paragraph IV, of this Constitution.
"(b) The General Assembly may vest the powers of taxation, the making of provisions for tax returns and assessment of property and collection of taxes, together with such other powers necessary or incidental to the support of said school system, in any public body, board or

722

JOURNAL OF THE HOUSE,

commission or combination thereof, or may create new public bodies, boards, or commissions, or combinations thereof, in which said powers may be vested. Said public bodies, boards or commissions or combinations thereof, shall have representation throughout said county.
"Notwithstanding any other provision of this Constitution or any provisions of law, the commissions or fees of the Tax Collector of Clarke County for collection of monies for school purposes shall not exceed the following rates: Two and one-half per cent on the first One Hundred Twenty-five Thousand Dollars ($125,000.00) collected. One per cent on the second One Hundred Twenty-five Thousand Dollars ($125,000.00) collected. One-half of one per cent on all amounts collected above two Hundred Fifty Thousand Dollars ($250,000.00). The above schedule of rate 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 by whatever name called. Should the Tax Collector of Clarke County be changed from a fee to a salary, the provision shall become inoperative.
"(c) The Act of the General Assembly providing for said school merger may provide that all assessments of property made after the first day of any January as a basis of taxation for said school system shall be effective as of the first day of January of that year; and in cases of all taxes levied for said school system after the first day of any January the tax lien shall date, rank and become fixed as of the first day of January of that year.
"(d) The General Assembly may vest, within present Constitutional limitations, the powers relating to issuance of bonds, creation of debts, borrowing of money, making of contracts, acquistion, holding, leasing or sale of lands and other property, together with such other powers necessary or incidental to the support of said school system, in any public bodies, boards or commissions or combinations thereof having representation thereon throughout the County of Clarke, or may create new public bodies, boards, or commissions, or combinations thereof, in which said powers may be vested.
" (e) The General Assembly may vest said school system with all privileges held by other school systems and districts of this State, including the addition thereto of colleges; and said school system shall be entitled to its pro rata portion of all educational funds now or hereafter provided by the State of Georgia and of the United States.
"(f) The General Assembly shall provide for a board of education, to bear such name and have such powers as may be provided in said Act, to administer said school system throughout said county; said board to elect or employ a superintendent of education, and all teachers and employees necessary to the administration of said school system.
"(g) The Board of Education shall be elected or appointed from the District-at-large as may be provided by the General Assembly, and filling of vacancies or removal for cause of any members also shall be as provided by the General Assembly.
"(h) The General Assembly shall be authorized to enact legislation for transfer of property, execution of contracts, payment of debts, bonded indebtedness, and all other obligations, vesting such powers in any new board created hereunder.

THURSDAY, FEBRUARY 19, 1953

723

"(i) The Board of Education shall consist of not more than nine (9) members and not less than seven (7) members, with terms and qualificacations as set by the General Assembly.
"(j) The General Assembly may authorize the City of Athens and the County of Clarke to appropriate money from their general funds to the Board of Education so as to be created, for educational purposes, including but not limiting thereto, a public library or libraries to be operated by said Board of Education. This power of appropriation shall also exist upon the ratification of this amendment before the merger of the existing city school system and the existing school district in said county and before the passage of an Act by the General Assembly pursuant hereto, so as to permit said city to appropriate general funds to the existing city school system and to the existing school district in said county outside the corporate limits of said city, and to permit said county to appropl'iate general funds to the existing city school system and the existing school district in said county outside the corporate limits of said city.
"(k) The General Assembly may from time to time enact special acts amending acts enacted pursuant hereto; and may also provide for amendments directly by the qualified voters of Clarke County in referendums held for that purpose pursuant to general or special statutes of the State heretofore or hereafter enacted.
"(1) The specification of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers hereby granted to the General Assembly and all powers to be granted by the General Assembly pursuant hereto are to .be liberally construed so as to effectuate the general purpose of establishing and maintaining a comprehensive system of public education througout the limits of Clarke County.
"(m) The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding other provisions of this Constitution, or the general or special laws of the State.
"(n) Until such time as such act or acts as contemplated herein become effective, the present school systems shall continue to operate under existing laws.
" (o) No act or acts passed by the General Assembly pursuant hereto shall become law unless ratified in a referendum by a majority of those voting in the whole of Clarke County."

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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution.

724

JOURNAL OF THE HOUSE,

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII, Section VII, providing that all of Clarke County shall comprise one school district under the control of a Board of Education."
"Against ratification of amendment to Article VIII, Section VII, providing that all of Clarke County shall comprise one school district under the control of a Board of Education."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 elections 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 certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.
The following amendment to HR 138-439b was read and adopted:
Mr. Stephens and Mr. Matthews of Clarke move to amend House Resolution No. 138-439b, by striking the word "shall" in the first sentence of Subparagraph (a) of Section 1, and substituting in lieu thereof the word "may"; and by striking the period at the end of the first sentence of Subparagraph (a) of Section 1, and adding the followiing there.to:
"and for payment of the bonded indebtedness for school purposes of Clarke County and the Mayor and Council of the City of Athens.",
so that Subparagraph (a) of Section 1, when so amended, shall read as follows:
"(a) The said act or acts of the General Assembly may authorize the levying of ad valorem taxes, uniform throughout said county, with or without limitation of such rate, as the General Assembly may provide, for the support of said school system and for payment of the bonded indebtedness for school purposes of Clarke County and the Mayor and Council of the City of Athens. For school purposes only, property taxed for support of said school system shall not be subject to the privileges of the homestead exemption provided by Article VII, Section I, paragraph IV, of this Constitution."

The 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.:

Abney of Catoosa Adams of Evans Adams of Upson

Ayers Barber of Jackson Baughman

Bell Bentley Best

THURSDAY, FEBRUARY 19,.1953

725

Birdsong Black
Blackburn Blalock Bloodworth Boggus Bolton Brantley Bray
Brazeal Britton Brooks Brown Buie Byrd
Callier Campbell of Oconee Campbell of Walker Carswell Carter Chastain Clark Clary Cloud Coffin Coker Conger Connell Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Durham Edenfield Edwards Floyd Flynt Foster Fowler Freeman Frier Gardner Garrard Gilder Gillis Gowen Graham

Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Haar Hale Hamilton Harrell Harriss
Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Hopkins Hughes Ingle lvey
Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Key King
Land Lavender Layton Lewis Lokey Lovett McCracken McKenna McWhorter Martin Matheson Mauldin Moate Mobley
Moore of Pickens Moore of White Moses Moye

Murr Musgrove
Nelson Nightingale Otwell Parker Perkins Phillips of Columbia Pickard
Raulerson Ray Register Russell Little Rutland Scoggin
Sheffield Short Sipple of Chatham Sivell Smiley
Smith of Cobb Smith of Emanuel Hoke Smith of FultOJ Stephens of Clarke Stewart Stocks Swindle Tallant Tamplin Tarbutton Tarpley
Terrell
Todd . Trapnell Turk Turner Twitty Wardlow
Watson White Whitener Wiggins Williams of Franklin Williams of Tift Willingham Willis Wooten Young Wilkinson

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

On the adoption of the resolution, as amended, the ayes were 163, nays 0.

.726

JOURNAL OF THE HOUSE,

The resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.
Mr. Bodenhamer of Tift requested that the Journal show him as having voted for the adoption of HR 138-439b.

HR 144-515a. By Mr. Stewart of Echols:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, so as to provide for the division of Echols County into school districts; to provide for a new County Board of Education consisting of three members; to provide for their terms of office and qualifications; to provide for 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.
Upon the approval of this Resolution in the manner hereinafter provided, Article VIII, Section V, Paragraph I, of the Constitution of Gerogia is hererby amended by adding at the end thereof new paragraphs which shall read as follows:
"The present County Board of Education of Echols County operating and existing before the effective date of this amendment, is hereby abolished. There is hereby created a new board, to be known as the Echols County Board of Education, which shall have the same powers and duties as the present county board herein abolished. The Echols County Board of Education shall consist of three members to be elected as herein provided. The County School Superintendent shall be the chairman of said board with voting powers only when there is a need to break a tie vote.
"The members of the Echols County Board of Education shall be elected by the people at the same time and for the same term that other county officers of Echols County are elected, and shall hold their offices until their successors are elected and qualified.
"The County of Echols is hereby divided into three school districts, to be known and comprised as follows: The First School District shall be composed of the Statenville-Mayday Road District, consisting of the 1058th Militia District of Echols County and that part of the 1306th Militia District of said county lying to the West of a North and South line constituting the eastern boundary of Lot 4 in the 12th Land District of said county, extending North to the northern boundary of Echols County, and South to the southern boundary of said militia district; the Second School District to be composed of the Enterprise-Haylow Road District, consisting of the 719th Militia District of said county and that part of the 1306th Militia District of said county lying to the East of a North and South line constituting the eastern boundary of Lot 4 in the 12th Land District of said county, extending North to the northern boundary of Echols County and South to the southern boundary of

THURSDAY, FEBRUARY 19, 1953

727

said militia district; the Third School District to be composed of the Howell-Chappell Road District, consisting of the 904th and 1211th Militia Districts of said county. One person from each of these districts shall be elected to serve on said board by a majority of the registered and qualified voters of the entire county voting thereon. Should a vacancy occur in the office "f 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 a majority of the registered and qualified voters of the entire county voting thereon. Within thirty days after the ratification of this amendment, it shall be the duty of the ordinary of Echols 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 a member of the County Board of Education from each school district. The members elected in this election shall hold office until December 31, 1956. Thereafter, the terms for the members of said board shall be as herein provided. The present County Board of Education of Echols County shall continue to carry out the duties and powers of said board until the members of the new Echols County Board of Education have been elected and qualified as herein provided."

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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, providing for the election of a three-member County Board of Education of Echols County.
"Against ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, providing for the election of a three-member County Board of Education of Echols County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 :fbr elections for members of the General Assembly and it shall be the duty of the Secretary of State to

728

JOURNAL OF THE HOUSE,

ascertain the result and 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 theresolution, 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 Evans Adams of Upson Ayers
Barber of Jackson Baughman Bell Bentley Best Birdsong Black Blackburn Blalock Bloodworth Boggus
Bolton Brantley Bray
Brazeal Britton Brooks Brown
Buie Byrd
Callier Campbell of Oconee
Campbell of Walker Carswell Carter Chastain Clark Clary
Cloud Coffin
Coker Conger Connell Cowart
Deal Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Durham Edenfield

Edwards Floyd Flynt
Foster Fowler Freeman Frier Gardner Garrard Gilder Gillis Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp
Greer Grimsley
Groover of Bibb Groover of Troup Gunter Cummings Haar Hale Hamilton Harrell
Harriss Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Hopkins Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jont!s of Worth Key

King Land Lavender Layton Lewis Lokey Lovett McCracken McKenna McWhorter Martin Matheson Mauldin Moate Mobley
Moore of Pickens Moore of White Moses Moye
Murr Musgrove Nelson Nightingale Otwell Parker Perkins
Phillips of Columbia Pickard Raulerson Ray Register Russell Little Rutland Scoggin
Sheffield Short
Sipple of Chatham Sivell Smiley
Smith of Cobb Smith of Emanuel Hoke Smith of Fult01 Stephens of Clarke Stewart Stocks Swindle

THURSDAY, FEBRUARY 19, 1953

729

Tallant Tamplin
Tarbutton Tarpley Terrell Todd Tarpnell Turk

Turner Twitty Wardlow Watson White Whitener Wiggins Williams of Franklin

Williams of Tift Willingham
Willis Wooten Young Wilkinson

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

On the adoption of the resolution, the ayes were 163, nays 0.

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

Mr. Bodenhamer of Tift requested that the Journal show him as having voted for the adoption of HR 144-515a.

SR 20. By Senator Hall of the 9th:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, so- as to provide for the division of Baker 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 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. Upon the approval of this Resolution in the manner hereinafter provided, Article VIII, Section V, Paragraph I, of the Constitution of Georgia 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 Baker County shall be elected by the people at the same time and for the same term that other county officers of Baker County are elected, and shall hold their offices until their successors are elected and qualified. The County of Baker 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 971st or Newton District, which district shall also include the Hardup District; the Second School District to be composed of the 957th or Milford District; the Third School District to be composed of the 1183rd or Haggards Mills District; the Fourth School District to be composed of the 1722nd or Elmodel District; and the Fifth School District to be composed of the 1680th or Anna District. 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 Baker 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 Toters in

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JOURNAL OF THE HOUSE,

each school district a member of the 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 of Baker County, 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 member of the General Assembly."
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 branches of the General Assembly, and the same has been entered on their journal with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, :Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors, as provided for in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia providing for the election by districts of members of the County Board of Education of Baker County."
"Against ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia providing for the election by districts of members of the County Board of Education of Baker County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and 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:

THURSDAY, FEBRUARY 19, 1953

731

Those voting in the a.:ffirmative were Messrs.:

Abney of Catoosa Adams of Evans Adams of Upson Ayers Ba1ber of Jackson Baughman Bell Bentley Best Birdsong Black Blackburn Blalock Bloodworth Boggus Bolton Brantley Bray Brazeal Britton Brooks Brown Buie Byrd Callier Campbell of Oconee Campbell of Walker Carswell Carter Chastain Clark Clary Cloud Coffin Coker Conger Connell Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Durham Edenfield Edwards Floyd Flynt Foster Fowler Freeman Frier

Gardner Garrard Gilder Gillis Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Haar Hale Hamilton Harrell Harriss Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Hopkins Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Key King Land Lavender Layton Lewis Lokey Lovett McCracken McKenna McWhorter Martin Matheson Mauldin Moate Mobley Moore of ~ckens

Moore of White Moses Moye Murr Musgrove Nelson Nightingale Otwell Parker Perkins Phillips of Columbia Pickard Raulerson Ray Register Russell Little Rutland Scoggin Sheffield Short Sipple of Chatham Sivell Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fult01 Stephens of Clarke Stewart Stocks Swindle Tallant Tamplin Tarbutton Tarpley Terrell Todd Trapnell Turk Turner Twitty Wardlow Watson White Whitener Wiggins Williams of Franklin Williams of Tift Willingham Willis Wooten Young Wilkinson

732

JOURNAL OF THE HOUSE,

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 163, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
Mr. Bodenhamer of Tift requested that the Journal show him as having voted for the adoption of SR 20.

HR 110-337n. By Messrs. Edenfield of Mcintosh, Gowen of Glynn and others:
A Resolution creating a commission to study the advisability of creating a new department to administer the Game and Fish Laws in the six tidewater counties, 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 99, nays 16.
The resolution was adopted.

HB 526. By Messrs. Bell of Richmond and McCracken of Jefferson:
A Bill to be entitled an Act to create a new word to be known as "andor", and for other purposes.

The report 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 15.
The bill, having received the requisite constitutional majority, was passed.

HB 471. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act to provide a uniform system for the registration of marriages, and for other purposes.

An amendment offered by Mr. Hollis of Muscogee was withdrawn. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 129, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 524. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to provide for the recomputation and refund of overpayments on the income tax returns of Korean Veterans, and for other purposes.

The following amendment was read and adopted: Mr. Freeman of Monroe moves to amend HB 524 by striking Section 3

THURSDAY, FEBRUARY 19, 1953

73:t

and renumbering the remaining sections accordingly, and also to amend the caption accordingly. The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 121, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

JIB 562. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales Tax Act so as to clarify the meaning of the term "sale at retail", and for other purposes.

The report 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 p~ssed.

HB 545. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to authorize municipalities to close 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 122, nays 3.
The bill, having received the requisite constitutional majority, was passed.

HB 517. By Messrs. Coker and Campbell of Walker and others:
A Bill to be entitled an Act to provide sick leave for teachers in the public 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 106, nays 19.
The bill, having received the requisite constitutional majority, was passed.
Mr. Twitty of Mitchell moved that the House do now recess until 1 :45 o'clock this afternoon, and the motion prevailed.
The Speaker announced the House recessed until 1:45 o'clock 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:

734

JOURNAL OF THE HOUSE,

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

HB 360. By Mr. Ayers of Madison:
A Bill to provide that in any county having a population of not less than 12,202 nor more than 12,387, and person charged with the offense of hunting or fishing without a license shall be allowed to enter a plea of guilty in the Court of Ordinary of such county, and for other pur-. poses.
HB 409. By Mr. Dean of Towns:
A Bill to provide that it will be unlawful for the owner or person in possession of land in any county of this State having a population of not more than 4,820 and not less than 4,520, to have or maintain an abandoned open well or hole, and for other purposes.
HB 414. By Messrs. Holton and Hayes of Coffee:
A Bill to provide time for holding Superior Court of Coffee County, and for other purposes.
HB 416. By Messrs. Greene and Parker of Baldwin:
A Bill to amend an act entitled an Act to create a board of Commissioners of Roads and Revenues for the County of Baldwin, and for other purposes.

HB 417. By Mr. Moses of Montgomery:
A Bill to repeal an act creating a board of commissioners of roads and revenues for Montgomery County, and for other purposes.

HB 420. By Mr. Blackburn of Habersham:
A Bill to authorize the Board of Commissioners of Roads and Revenues of the Ordinary in the absence of Commissioners of Habersham County to create and establish restricted zones or districts, and for other purposes.

SB 10. By Senator Millican of the 52nd:
A Bill to extend the Act approved February 15, 1952 relating to a commission to study pensions in cities over 300,000, and for other purposes.

SB 100. By Senator Millican of the 52nd:
A Bill to amend an Act approved February 21, 1951, requJrmg the Tax Commissioner of Fulton County to receive and collect taxes for the City of Atlanta to include property subject to taxation by Fulton County Board of Education, and for other purposes.

THURSDAY, FEBRUARY 19, 1953

735

SB 135. By Senator Millican of the 52nd:
A Bill to amend an Act entitled "An Act to classify property for taxation; to levy taxes on certain classes of intangible personal property, etc.," (Ga. Laws Extra Session 1937-1938, p. 156); so as to provide that intangible tax returns shall be made on or before May 1st in each year, and for other purposes.

SB 136. By Senator Millican of the 52nd:
A Bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, so as to authorize the President of the Board of Aldermen to serve on standing committees, and for other purposes.

SB 137. By Senator Millican of the 52nd:
A Bill to amend Title 36, Chapter 11, Code of Georgia 1933 so as to provide for an additional method of condemnation in cities and counties having a population of more than 250,000 according to the last or any future federal census, and for other purposes.

SB 138. By Senator Carlisle of the 51st:
A Bill to ratify and confirm the action of the Mayor and Council of the City of Macon as shown by the minutes of its meeting on the 31st day of March, 1884, granting to W. C. Singleton, his heirs and assigns, an encroachment into Spring Street as described in a deed executed by the Mayor and Council of the City of Macon, Felix Corput, Mayor, on April 2, 1884 and recorded in Clerk's office, Bibb Superior Court, and for other purposes.

SB 139. By Senator Millican of the 52nd:
A Bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, so as to increase the compensation of members of the Personnel Board, and for other purposes.

SB 140. By Senator Holt of the 54th:
A Bill to amend the Act creating the City Court of Baxley, Georgia Laws, 1897, and Acts amendatory thereof and to provide further that the time for the filing and serving and answering of suits and the trial of same and the rules of pleading and practice in said court with reference thereto shall be the same as in the Superior Court, and further fixing the time and amounts of salary payments to the Judge of said Court; to repeal conflicting laws, and for other purposes.

SB 141. By Senator Singleton of the 24th:
A Bill to amend an Act entitled "An Act to consolidate the office of Tax Receiver and Tax Collector in the County of Marion, to fix the compensation for the officer of performing the duties of said office when consolidated, and for other purposes.", approved August 11, 1925 (Ga. Laws 1925, p. 702), as amended by an Act approved January 30, 1945

736

JOURNAL OF THE HOUSE,

(Ga. Laws 1945, p. 526), Tax Commissioner of Marion County; to change the amount of the bond, and for other purposes.

SR 36. By Senators Dean of the 34th and Carlisle of the 51st:
A Resolution adopting as a part of the official Code of the State of Georgia the statutory portions of the text of the Georgia Code Annotated, with certain exceptions; authorizing the revision of certain titles of the Code of Georgia, and for other purposes.

SB 132. By Senator Millican of the 52nd:
A Bill to provide that the Secretary of State of the State of Georgia shall be the Commissioner of Securities of this State; to define and classify securities and regulate the sale thereof, and for other purposes.

HB 185. By Mr. Hicks of Floyd:
A Bill to provide for Pre-Trial Procedure in Civil Actions in the Superior Courts; to provide a method for formulating issues, and for other purposes.

BB 179. By Mr. Hicks of Floyd:
A Bill to provide for admission of Facts; admission of Genuineness of Documents, and for other purposes.

HB 294. By Mr. Bell of Richmond:
A Bill to provide for a one-year limitation for action on a breach of a covenant restricting lands to certain users, and for other purposes.

HR-34-141a. By Mr. Phillips of Columbus:
A Resolution authorizing the Governor and Director of Department of State Parks to negotiate with the U. S. Army, Corps of Engineers for the licensing of property known as the Keg Creek State Park Area" and for other purposes.

HR 127-414a. By Mr. Drinkard of Lincoln:
A Resolution officially designating the State Park in Lincoln County as the Elijah Clarke Memorial Park, and for other purposes.

HR 16-61a. By Mr. Hughes of Dawson:
A Resolution to authorize the Governor to sell approximately fourteen acres of land owned by the State in Dawson County which has never been granted by the State, and for other purposes.

HR 102-337f. By Mr. Green of Rabun:
A Resolution to authorize the Governor and Director of State Parks, to negotiate for the purpose of trading or swapping certain land within the County of Rabun for the improvement of Black Rock Mountain State Park, and for other purposes.

THURSDAY, FEBRUARY 19, 1953

737

HB 476. By Mr. Little of Peach:
A Bill to change the name of the Town of Byron to the City of Byron, and for other purposes.

HB 481. By Messrs. Hand and Twitty of Mitchell:
A Bill to provide that the Mayor and Council of the City of Camilla shall have the power to designate by appointment the person, firm or corporation to be City Treasurer of Camilla, and for other purposes.
HB 486. By Mr. Murphy of Haralson:
A Bill to amend an Act which incorporates the City of Buchanan, and for other purposes.
HB 489. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill vesting in the City of Columbus fee simple title to a certain tract of land bounded on the south by the north line of lands of Muscogee Manufacturing Company, etc, and for other purposes.

BB 490. By Mr. McGarity of Henry: A Bill to be entitled an Act to amend the Charter of the City of Stockbridge, and for other purposes.
HB 495. By Mr. Conger of Decatur: A Bill to amend an Act creating a new Charter for the City of Bainbridge, and for other purposes.
HB 500. By Messrs. Groover, McKenna and Harris of Bibb: A Bill to amend an Act to re-enact the charter of the City of Macon, and for other purposes.
HB 509. By Messrs. Smith, Willingham and Bentley of Cobb: A Bill creating a new Charter for the City of Smyrna, and for other purposes.
HB 516. By Mr. Harrell of Grady:
A Bill to amend an Act incorporating the City of Cairo, and for other purposes.

HB 430. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Ordinary of Cobb County, and for other purposes.

HB 431. By Messrs. Willingham, Bentley and Smith of Cobb: A Bill to amend an Act consolidating the office of Tax Receiver and

738

JOURNAL OF THE HOUSE,

Tax Collector of Cobb County into the office of Tax Commissioner of Cobb County, and for other purposes.

HB 434. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to amend an Act to establish a City Court in Richmond County; to provide for the appointment of a Judge and Solicitor thereof, and for other purposes.

HB 436. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Richmond, and for other purposes.

HB 438. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to provide for the appointment of an assistant solicitor of the City Court of all counties having a population of not less than 108,000 and not more than 112,000, and for other purposes.

HB 439. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to amend an Act providing for fees of Clerks in certain counties, so as to provide that the fees enumerated therein shall be collected in all counties having a population of not less than 100,000 and not more than 110,000, and for other purposes.

HB 442. By Mr. Brooks of Oglethorpe:
A Bill to amend an Act entitled "An Act to create the office of Commissioner of Roads and Revenues in and for Oglethorpe County, and for other purposes.

HB 472. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to amend the Charter of the City of Au.gusta; to improve public roads; and for other purposes.

HB 473. By Mr. Cowart of Stewart:
A Bill creating a new Charter for the City of Richland, County of Stewart, so as to change the date of the election of Mayor and Council, 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 and resolutions of the House to-wit:

HB 423. By Mr. Boggus of Ben Hill:
A Bill to amend an act to create the office of Commissioners of Roads and Revenues in and for the County of Ben Hill, and for other purposes.

THURSDAY, FEBRUARY 19, 1953

739

HE 456. By Mr. Martin of Banks:
A Bill to provide for a supplemental salary for the Sheriff of Banks County, and for other purposes.

HB 467. By Mr. Martin of Banks:
A Bill to provide for a supplemental salary for the Ordinary of Banks 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 598. By Messrs. Lanier of Candler, Black of Webster and others:
A Bill to be entitled an Act to provide for the sanitizing of garbage fed to livestock, and for other purposes.

The following amendment was read and adopted:
Messrs. Greer of Lanier and Matthews of Clarke move to amend HB 598 by adding in Section 18 immediately preceding the words "no experimental" the words "Except at or under the direction of the State Veterinary College, the State College of Agriculture, and the State Agricultural Experiment Stations."
Mr. Gunter of Hall moved that HB 598 be recommitted to the Committee on General Agriculture No. 2 for further study, and the motion was lost.
An amendment offered by Mr. Tarpley of Union was read and lost.
An amendment offered by Mr. Groover of Bibb was read and 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 amended, the ayes were 107, nays 14.
The bill, having received the requisite constitutional majority, was passed, as amended.
HB 187. By Messrs. H. Smith of Fulton, Twitty of Mitchell and others:
A Bill to be entitled an Act to amend Section 84-9903 of the Code of Georgia so as to provide that the practice of architecture without proper registration shall be deemed a misdemeanor, and for other purposes.
The following amendment was read and adopted:
Mr. Kemp of Clayton moves to amend HB 187 by adding the following language at the end of Section 1 thereof: "Provided, however, the provision of this Act shall not apply to any inmate in a penal institution in this state, while so confined, where such work is in the nature of rehabilitation."
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.

740

JOURNAL OF THE HOUSE,

HB 498. By Mr. Clary of McDuffie:
A Bill to be entitled a Act to create the Big Creek-Harts Creek 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 487. By Messrs. Gardner of Dougherty, Hollis of Muscogee and Tarpley of Union:
A Bill to be entitled an Act to provide for the designation of physicians to act as medical examiners and perform post mortem examinations at the request of coroners, and for other purposes.

The following Committee amendment was read and adopted:
Committee on General Judiciary No. 1 moves to amend HB 487 as follows:
By striking the words "to prescribe when Ordinaries may designate other persons to act as Coroners" in the title of said bill and substituting in lieu thereof the words "to provide for the designation of a person to act as Coroner when the Coroner is absent, unwilling, or unable to serve".
And to further amend said bill by striking from the first and second lines of Section 19 thereof the words "shall be received as evidence in any court or other proceeding''.
And to further amend said bill by striking Section 20 in its entirety and substituting in lieu thereof a new section to be known as Section 20 which shall read as follows:
"Section 20. After the post mortem examination and inquest have been completed, the dead body shall be delivered to the person legally entitled thereto for burial. If no person claims the body, it shall be turned over to the Coroner of the county where death occurred for disposition as provided by law. If the deceased has estate out of which burial expenses can be paid either in whole or in part, such estate shall be taken for such purpose before any expense under this section is imposed upon any county."
And to further amend said bill by inserting after the words in Section 22 "under this Act," the words "a judge of any court having countywide jurisdiction other than the Superior Court may act as Coroner or".
An amendment offered by Mr. Musgrove of Clinch was withdrawn.
The following amendments were read and adopted:
Mr. Harrison of Wayne moves to amend HB 487 by eliminating Section 24 in its entirety, and amending the caption accordingly.
Mr. Gardner of Dougherty County moves to amend HB 487 as follows:
By inserting after the words "paid by the State," in the last sentence of Section 3 of said bill the following:

THURSDAY, FEBRUARY 19, 1953

741

"or by a Medical Examiner regularly employed at a fixed compensation by any county or group of counties,"
And to further amend said bill by adding a new sentence at the end of Section 22 of said bill, as amended, to read as follows:
"In counties having a coroner with a full-time assistant or assistants paid out of county funds, any such assistant may be designated to act as coroner under the provisions of this Section and when so designated shall receive no compensation for acting in such capacity other than that regularly allowed him as assistant to the coroner."

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 108, nays 5.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 378. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to regulate the business of representing life and health and accident insurance companies, and for other purposes.

The following Committee amendments were read and adopted:
The Committee on Insurance moves to amend HB 378 as follows: In Section 11, paragraph A after words "licensed agent", the following words to be inserted" or to the person or persons assisting an agent who is totally disabled".
The Committee on Insurance moves to amend HB 378 as follows: By striking the words and figures "ten ($10.00) dollars" where they appear in the first sentence of Paragraph c of Section 4, and inserting in lieu thereof the words and figures "five ($5.00) dollars". The Committee further moves that said Paragraph of said Section 4 be amended by striking the words and figures "five ($5.00) dollars" where they appear in the second sentence of said paragraph and inserting in lieu thereof the words and figures "three ($3.00) dollars".
The Committee on Insurance moves to amend HB 378 as follows:
In section 11, paragraph A after the words "licensed agent"; the following words to be inserted. "or to the person or persons assisting an agent who is totally disabled."
By striking the words and figures "ten ($10.00) dollars" where they appear in the first sentence of Paragraph C. of Section 4, and inserting in lieu thereof the words and figures "five ($5.00) dollars". The Committee further moves that said Paragraph of said Section 4 be amended by striking the words and figures "five ($5.00) dollars" where they appear in the second sentence of said paragraph and inserting in lieu thereof the words and figures "three ($3.00) dollars".
By striking the title to said Act and substituting in lieu thereof the following title: "An Act to define and regulate the business of representing life, health and accident insurance companies, associations,

742

JOURNAL OF THE HOUSE,

orders or societies as agents; to provide for the licensing of agents for such insurers; to provide minimum standards or qualifications as conditions precedent to the issuance of licenses; to provide for the examination of applicants for said licenses; to provide for the appointment of an advisory board to make recommendations to the Insurance Commissioner; to fix examination and other fees; to authorize regulations for the administration of this Act; to provide for the suspension or revocation of such licenses; to provide penalties for the violation of this Act; to authorize and direct the budget authority to provide funds necessary for the cost of administering this Act; to repeal all laws or parts of laws inconsistent with this Act; and for other purposes."
Said .Paragraph A, Section 1 of said bill is further amended by adding after the first sentence of such paragraph the following additional sentence: "The term 'agent' shall not include any representative of .a non-profit hospital service corporation as defined and regulated in Chap. 99-10, Georgia Code Annotated, or the representaive of a non-profit medical service corporation as defined and regulated in Chap. 99-10A, Georgia Code Annotated, or the representative of any fraternal benefit society as defined and regulated in Chap. 56-16, Georgia Code Annotated".
Paragraph H of Section 1 of said bill is amended by changing the final period to a comma and adding thereto the following words: "Nonprofit hospital service corporations as defined and regulated by Chap. 99-10, Georgia Code Annotated, or non-profit medical service corporation as defined and regulated by Chap. 99-10A, Georgia Code Annotated."
Section 5 is amended by deleting Paragraph E of said Section in its entirety.
Paragraph D of Section 6 of said bill is amended by changing the final period at the end of the second sentence in said section to a comma and adding the following words: "and payment of reasonable costs thereof".
Section 6 of said bill is further amended by adding a new paragraph to be designated Paragraph F as follows:
"F. The Commissioner may appoint an advisory board of five or more persons to make recommendations to him with respect to the scope, type, and conduct of written examinations and the times and places in the State where they shall be held. This advisory board, if appointed, shall consist of individuals experienced in the life, annuity, health and accident insurance business, and may include officers and employees, general agents and managers and licensed agents of companies engaged in such business. The members of the advisory board shall serve without pay, but upon the authorization of the Commissioner, shall be reimbursed for their reasonable expenses in attending meeting of the advisory board."
Paragraph B. Section 13 of said bill is amended by deleting from the first sentence the following words: "refused (except for failure to pass a required written examination), or".
Said paragraph B of Section 13 of said bill is further amended by deleting in the second sentence of such paragraph of the words "regular

THURSDAY, FEBRUARY 19, 1953

743

salaried employee" and inserting in lieu thereof the words "any deputy Commissioner."
By adding to Section 13 of said bill a new paragraph to be designated Paragraph D as follows:
"D. Any applicant whose application for a license has been rejected (except for failure to pass a required written examination) shall, upon request therefor in writing within ten days after notice of such rejection, be entitled to a hearing as provided for by this section and the procedure set forth by this section shall apply to the same."
Section 14 of said bill is deleted in its entirety.
Section 17 of said bill is amended by inserting in the first sentence, following the words "the Commissioner" where that term is first used, and preceding the words "shall have inquisitorial powers", the words "and his deputy specially designated by him for the purposes of conducting a hearing or an investigation".
Section 22 is amended by deleting the following words and figures: "Sixty (60)" and inserting in lieu thereof the words and figures "Ninety (90)".
Said bill is hereby amended by adding a section, same to be appropriately numbered, and to read as follows:
"Be it further enacted that the budget authority is hereby authorized and required to set aside funds from any available appropriation, sufficient in amount to pay the cost of administering this Act."
Said Section 22 is further amended by deleting the word "passage" as it appears in that section and substituting therefor the word "approval".
Said bill is further amended by numbering the sections thereof consecutively.

The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
HB 426. By Messrs. Buie of Camden, Deen of Bacon and others:
A Bill to be entitled an Act to provide for the seizure of automobiles used in transporting deer or turkey killed illegally, and for other purposes.
An amendment offered by Mr. Tarpley of Union was read.
Mr. Todd of Glascock moved that further consideration of HB 426 be postponed indefinitely.
On the motion, the ayes were 77, nays 31.
The motion prevailed, and further consideration of HB 426 was postponed indefinitely.

744

JOURNAL OF THE HOUSE,

HB 537. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend Section 92-3109 of the Code of Georgia providing for the deduction of taxes from gross income for state income tax purposes, and for other purposes.
The following Committee amendments were read and adopted:
Committee on Ways and Means moves to amend HB 537 by striking the last two sentences of Section 1 of said bill and substituting in lieu thereof the following, and by adding a new paragraph to be known as paragraph (7), also following:
"However, if, as a result of said Act, a taxpayer on the accrual basis deducts Federal income taxes incurred during the first year ending on or after February 15, 1952 on a Georgia return for the same period, said taxpayer, unless he files an amended return in accordance with the provisions hereinafter stated, shall not thereafter deduct such tax again, regardless of his method of accounting, and notwithstanding the provisions of Paragraph 3 hereinabove. If a taxpayer files, or has filed, a return for the taxable period covered by this paragraph without benefit of the provisions thereof, he may file an amended return for said period in order to deduct Federal income taxes actually paid during said period, and to add back Federal income taxes accrued on the original return. If such amendment results in a deficiency of Georgia income tax, the same shall be paid by the taxpayer without interest to date of said amendment. If such amended results in overassessment the same shall be abated, and if paid it shall be deemed to have been erroneously collected and shall be refunded, without interest to the date claim therefor is filed. Said amended return may be filed at any time within two years from the date of passage of this Act, and not thereafter."
"(7) No income taxes shall be allowed as a deduction in computing a net operating loss carry-over or carry-back as provided for in Section 92-3109 (m) of the Code of Georgia."
Committee on Ways and Means moves to amend HB 537 by adding a new paragraph, to be known as paragraph (8) to provide for treatment of Fed. income taxes by individual taxpayers, as follows:
"(8) In the case of an individual filing under the so called Federal Current Tax Payment Act he may, at his election, deduct Federal income taxes actually due as shown on the return filed with the Federal Government, from the income as reported to Georgia for the same period; provided, however, that such Federal income taxes must be actually paid to the Federal Government on or before the Federal due date, or officially extended _due date. Nothing herein shall be construed to mean that a deficiency, or deficiencies, shall be disallowed as a deduction in the taxable period in which such deficiency, or deficiencies, are actually paid.
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.

THURSDAY, FEBRUARY 19, 1953

745

HB 538. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend an Act relating to deduction of net operation losses from gross income for state income tax purposes, and for other purposes.

The following substitute, offered by Mr. Lokey of Fulton, was read and adopted:

A BILL
To be entitled an Act to amend subsection (m) of Section 92-3109 of the Code of Georgia, relating to deduction of net operation losses from gross income, and which subsection has not been clear as to the limit to which such loss may be carried, in order to show the original intent of the General Assembly as to such limit, and to further amend said subsection to limit the time when interest shall begin on a refund resulting from the carrying back of such losses and to provide for such refunds and to further amend said subsection to permit tentative carryback adjustments; to amend subsections (e) and (f) of Section 92-3119 of the Code of Georgia, relating to recognition of gain from involuntary conversions of property and from sale of residences, respectively, and which have not been clear as to the location of property so converted or the residences, in order to express the original intent of the General Assembly that provisions of said subsections shall apply only to property within Georgia, or property over which Georgia has jurisdiction for income tax purposes; to amend paragraph (2) of subsection (b) of Section 92-3303 of the Code of Georgia of 1933 as amended, which paragraph relates to the time within which income tax may be assessed because of omission of income, and which has not been clear due to the vagueness of the term "gross income", so as to express the original intent of the General Assembly that such term shall mean income less business expenses; to amend Section 92-3305 of the Code of Georgia, as amended, so as to clearly express the intent of the General Assembly that no interest in excess of six per centum per annum shall accrue after February 15, 1952 because of taxpayer's failure to pay taxes when due; to provide for effective dates; 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.
The subsection (m) of Section 92-3109 of the Code of Georgia, which relates to deduction of net operating losses, and which has not been clear as to the limit of time to which a loss may be carried, be amended in order to clearly express the original intent of the General Assembly with regard to such limit, by striking the period at the end of the first sentence of paragraph (1) and inserting a comma in lieu thereof and adding the words "whichever is earlier" to said first sentence, so that said paragraph (1) when so amended shall read as follows:
"(m) ... (1) The net operating loss as hereinbelow defined for any year ending on or after the passage of this Act and for any succeeding

746

JOURNAL OF THE HOUSE,

taxable year may be carried back to the next preceding 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 exhaused or absorbed by the taxable income of any succeeding year, whichever is earlier. The net operating loss deduction must be carried back and carried forward in the order named above."

SECTION 2.
That subsection (m) of Section 92-3109 of the Code of Georgia of 1933, which subsection relates to deduction of net operating losses, and which has not been clear as to the appropriation for refunds in the case of a loss carry-back, be amended in order to clearly express the original intent of the General Assembly, and to further amend said subsection so as to limit the time when interest on such refunds shall commence, by adding the following sentence to paragraph (4) of said subsection (m) : "In case a refund is due under this subsection, the tax refundable shall be deemed to have been erroneously assessed and collected and shall be paid under the provisions of Section 92-8436 of the Code of Georgia as amended; provided, however, that no interest shall accrue or be paid for any period prior to the time taxpayer actually files a claim for said refund with the Commissioner.", so that said paragraph (4) of said subsection (m) when so amended shall read as follows: "(m) ... (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 thirty-ninth 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. In case a refund is due under this subsection, the tax refundable shall be deemed to have been erroneously assessed and collected and shall be paid under the provisions of Section 92-8436 of the Code of Georgia as amended; provided, however, that no interest shall accrue or be paid for any period prior to the time taxpayer actually files a claim for said refund with the Commissioner."

SECTION 3.
That subsection (m) of Section 92-3109 of the Code of Georgia of 1933, which subsection relates to deduction of net operating losses, be amended so as to permit tentative carry-back adjustments by adding a new paragraph, to be designated Paragraph 5 of said subsection (m) which shall read as follows:
"(m) ... (5) In the event a taxpayer is entitled to a refund of income taxes by reason of a loss carry-back under this subsection, an application for a tentative carry-back adjustment of the taxes for the prior taxable year affected by a net operating loss carry-back, may be filed within a period of twelve months following the end of the taxable year of the net operating loss. The application shall be in such form as the Commissioner by regulation shall prescribe. Such an application shall not constitute a claim for credit or refund. Within a period of ninety days from the last day of the month in which the tentative carryback adjustment is filed, the Commissioner shall make, to the extent he deems practicable in such period, a limited examination of the ap-

THURSDAY, FEBRUARY 19, 1953

747

plication to determine the amount of decrease in any tax attributable to such carry-back upon the basis of the application and the examination, but the Commissioner may disallow without further action any application which he finds contains errors of computation which he deems cannot be corrected within such ninety-day period or material omissions. The decrease so determined shall be applied against any unpaid amount of the tax decrease and the remainder shall, within such ninety-day period, be either credited against any income tax then due from the taxpayer, or refunded to the taxpayer. Any such credit or refund shall be without interest. If the Commissioner should determine that the amount credited or refunded under this paragraph is in excess of the amount properly attributable to the carry-back with respect to which such amount was credited or refunded, he may assess the amount of the excess as a deficiency as if it were due to a mathematical error appearing on the face of a return."

SECTION 4.
That subsection (e) of Section 92-3119 of the Code of Georgia, which provides for non-recognition of gain, under certain conditions, from property involuntarily converted, and which has not been clear as to the intent of the General Assembly regarding the location of the property named therein, be amended so as to clearly express the original intent of the General Assembly that said subsection shall apply only to property within Georgia, or property the gain or loss from which is includable in or deductible from the income taxable by this State, by adding a new paragraph to said subsection, to be designated as paragraph (4), said paragraph to read as follows:
"(e) ... (4) For the purposes of this subsection, both the property converted and the property received in exchange, or replaced with the proceeds of said conversion, shall be property located within Georgia, or shall be property the gain or loss from the sale or exchange of which is includable in or deductible from the gross income taxable by this State under the income tax laws of this State."

SECTION 5.
That subsection (f) of Section 92-3119 of the Code of Georgia, which provides for non-recognition of gain, under certain conditions, from the sale of a residence, and which has not been clear as to the intent of the General Assembly regarding the location of the property named therein, be amended so as to clearly express the original intent of the General Assembly that -the provisions of said subsection shall apply only to residences within Georgia, by adding a new paragraph to said subsection, to be designated as paragraph (8), said paragraph to read as follows:
"(f) ... (8) For the purposes of this subsection the properties named herein, whether "old residence" or "new residence", or other, shall be deemed to mean only property located within Georgia. If the property disposed of or the property acquired under provisions of this subsection is outside Georgia, or so located that Georgia has no jurisdiction to tax income from or the gain or loss from the disposition of said property, the provisions of this subsection shall not apply."

748

JOURNAL OF THE HOUSE,

SECTION 6.
That paragraph (2) of subsection (b) of Section 92-3303 of the Code of Georgia, which relates to the time within which income taxes may be assessed because of omission of income, and which has not been clear due to the vagueness of the term "gross income", be amended in order to clearly express the original intent of the General Assembly, by inserting the words "less business expenses as" immediately following the second "gross income" and preceding the word "stated" in said paragraph, so that said paragraph, when so amended, shall read as follows:
"(b) ... (2) If the taxpayer omits from gross income an amount properly includable therein which is in excess of 25 per centum of the amount of gross income less business expenses as 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 return was filed."

SECTION 7.
That Section 92-3305 of the Code of Georgia as amended, which relates to interest in the case of failure to pay income tax when due or assessed, and which has not been clear as to the intent of the General Assembly, be amended in order to clearly express the original intent of the General Assembly that no interest at a rate higher than six per centum per annum shall accrue after February 15, 1952, the date of last amendment of said Code Section, by adding a new subsection to be designated as subsection (c), to read as follows: "(c) On and after February 15, 1952, no interest at a rate higher than six per centum per annum shall be accrued, assessed or collected, regardless of the taxable period for which the tax is owing."

SECTION 8.
That the provisions of this Act, which express original intent of the General Assembly, shall apply to and be in full force and effect for all taxable periods since the Code Sections named herein and covered by this Act, were last amended, and for all taxable years ending on or after the passage of this Act.

SECTION 9.
That if any part of this Act shall be declared unconstitutional the remaining parts, portions or sections of said Act remain in full force and effect.

SECTION 10.
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 108, nays 0.

THURSDAY, FEBRUARY 19, 1953

749

The bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Twitty of Mitchell moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion ptevailed.

The Speaker announced the House adjourned until 9:30 o'clock tomorrow morning.

750

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 20, 1953.

The House met pursuant to adjournment at 9 :30 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by Reverend Claude C. Boynton, Pastor, First Methodist Church, Blairsville, Georgia.

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

Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be cor-
rect.

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

The Journal was confirmed.

Mr. Cummings of Seminole moved that the Committee on Counties and County Matters be instructed to report the following bill back to the House:

HB 478. By Mr. Cummings of Seminole:
A Bill to be entitled an Act to abolish the present Board of County Commissioners of Seminole County, and for other purposes.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Alexander
Barber of Jackson Barrett Bell Bentley Birdsong Blackburn Bodenhamer Boggus
Bolton Brantley Brooks
Buie Campbell of Oconee Carswell Carter Clark Conger Cummings Deen of Bacon Dunaway

Edwards Foster Freeman Frier Garrard Gilder
Gillis Gowen Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover cf Troup
Gunter Haar Hamilton Harrison of Jenkins Hayes Henderson Holley Holloway Holton

Jackson Johnson Jones of Lumpkin Jordan of Gwinnett Kemp Land Lanier Layton Lovett McKenna Martin Matheson Mauldin Mobley Moore of White Murphy of Haralson
Murr Musgrove Nelson Nightingale Otwell Parker Raulerson

FRIDAY, FEBRUARY 20, 1953

751

Register Russell Rutland Smiley Hoke Smith of Fulton Stevens of Marion

Stewart Stocks Strickland Swindle Tamplin
Terrell

Turk
Veal Walker White Williams of Franklin Young

Those voting in the negative were Messrs. :

Ayers Baughman Best Black Brannen Britton Chastain Connell Dean of Towns Dews Drinkard Floyd Gardner

Geer
Groover of Bibb Hall Hicks Hodges Ingle lvey Jessup Key Lavender Little Lokey McCracken

McGarity Murphey of Crawforc Peacock Phillips of Walton Potts Tarpley Trapnell Upshaw Watson Whitener Williams of Bulloch William of Tift Willingham

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

On the motion, the ayes were 87, nays 39.

The motion prevailed, and the Committee on Counties and County Matters was instructed to report the bill back to the House.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 633. By Mr. Veal of Putnam:
A Bill to be entitled an Act to amend an Act relating to the competency of witnesses to testify, so as to provide that a corporation or an agent

752

JOURNAL OF THE HOUSE,

and employee shall not be admitted to testify in the corporation's favor against an insane or deceased person as to transaction or communication with such insane or deceased person, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 634. By Messrs. Dean of Towns and Deen of Bacon:
A Bill to be entitled an Act to vest exclusive control, management, and responsibility for paving and maintaining of all rural free-delivery roads and school bus routes in the State Highway Department, and for other purposes.
Referred to the Committee on State of Republic
HB 635. By Messrs. Stewart of Echols and Grimsley of Cook:
A Bill to be entitled an Act to amend an Act creating an Oil and Gas Commission, authorizing it to prescribe rules and regulations and orders, and for other purposes.
Referred to the Committee on State of Republic.

HB 636. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act relating to hearings on compensation bills, so as to provide that funds necessary to carry out the provisions of said Act shall be paid from the appropriation provided for the Legislative Department, and for other purposes.
Referred to the Committee on. Industrial Relations.

HB 637. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to authorize the creation of trusts for the benefit of persons aui juris within certain limitations prescribed therein, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 638. By Mr. Williams of Franklin:
A Bill to be entitled an Act to amend an Act entitled "An Act to fix the salary of the Treasurer of Franklin County, and for other purposes.
Referred to the Committee on Counties a~d County Matters.

HB 639. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to protect the health, safety and welfare 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.

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

FRIDAY, FEBRUARY 20, 1953

753

Mr. Speaker:
Your Committee on Amendments to Constitution Ni>. 1 has had under connsideration 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 169-623a. Do Pass.
Respectfully submitted,
Freeman of Monroe,
Chairman.

Mr. Lavender of Elbert 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 432. Do Pass.
HB 433. Do Pass.
HB 628. Do Pass.
Respectfully submitted,
Lavender of Elbert
Chairman.

Mr. Hall of Floyd 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 recommendation:
HB 622. Do Pass.
Respectfully submitted,
Hall of Floyd,
Chairman.

Mr. Edenfield of Mcintosh 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 follow-

754

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 606. Do Pass.
HB 245. Do Pass. Respectfully submitted,
Edenfield of Mcintosh,
Chairman.
Mr. Willis of Thomas 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 tli.e same back to the House with the following recommendations:
HR 152-533c. Do Pass. Respectfully submitted,
Willis of Thomas,
Chairman.
Mr. Williams of Bulloch County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker: Your Committee on Hygiene and Sanitation has had under consideration
the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 34. Do Pass, as amended. Respectfully submitted,
Williams of Bulloch,
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 362. Recommended as Do Not Pass with a minority report of its unfavorable action to be filed by Greer, Holley, Terrell, Adams of Upson.
Respectfully submitted, Rowland of Johnson,
Chairman.

FRIDAY, FEBRUARY 20, 1953

755

Mr. Jones of Lumpkin County, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicle has had under consideration the following Bill 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 45. Do Pass, by substitute.
SR 31. Do Pass.
Respectfully submitted,
Jones of Lumpkin,
Chairman.

Mr. Jones of Lumpkin 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 154-533e. Do Pass, by substitute.
Respectfully submitted,
Jones of Lumpkin,
Chairman.

Mr. Coogle of Macon County, Chairman of the Committee on Public Libraries, submitted the following report:
Mr. Speaker:
Your Committee on Public Libraries 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 32. Do Pass.
HR 173-624d. Do Pass.
HR 166-612a. Do Pass.
Respectfully submitted,
Coogle of Macon,
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-

756

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 616. Do Pass. HB 102. Do Pass.
Respectfully submitted, Greer of Lanier, Chairman.

Mr. Brooks of Oglethorpe 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 230. Do Not Pass.
Respectfully submitted,
Brooks of Oglethorpe,
Chairman.

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

SB 101. By Senator Millican of the 52nd:
A Bill to amend the act providing for retirement of judges and solicitors general of Fulton County Civil, Criminal and Juvenile Courts so as to provide that judges and solicitors general be required to elect to qualify within 60 days after the approval of this act; to provide for contribution of retirement fund, and for other purposes.

SB 129. By Senators Millican of the 52nd, Wilkes of the 53rd, Callaway of the 35th, Campbell of the 31st and Jordan of the 25th:
A Bill to authorize the payment of $250.00 annually to the Attorney General of Georgia for services rendered to the peace officers annuity and benefit fund of Georgia, and for other purposes.

HB 397. By Messrs. Lavender of Elbert and Ray of Warren:
A Bill to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act which provides for what shall not be included within the meaning of the terms, "sale at retail", "use", "storage", "consumption" and "industrial materials", and for other purposes.

FRIDAY, FEBRUARY 20, 1953

757

HR 148. By Mr. Coogle of Macon:
A resolution authorizing the State Librarian to furnish to the Superior Court of Macon County, without cost to said county, certain law books, and for other purposes.

HR 99-337c. By Mr. Wardlow of Turner:
A Resolution providing that the State Librarian is authorized to furnish certain law books to Turner County, and for other purposes.

HR 114-362c. By Mr. Murphy of Haralson:
A Resolution to provide the Ordinary of Haralson County certain enumerated volumes of the Georgia Supreme Courts Reports and the Georgia Appeals Report, and for other purposes.

HR 119-362h. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Resolution to provide Georgia Supreme Court Reports and Georgia Appeals Reports to Union County, and for other purposes.

HR 129-420a. By Mr. Blackburn of Habersham:
A Bill to provide the Clerk of the Superior Court of Habersham County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Appeals Reports, and for other purposes.

HR 121-374a. By Mr. Tarpley of Union:
A Resolution to provide Georgia Supreme Court Reports and Georgia Appeals Reports to Union County, and for other purposes.

HR 134-427a. By Mr. Barrett of Pike:
A Resolution to provide the Ordinary of Pike County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Courts of Appeals Reports, and for other purposes.

HR 135-433a. By Mr. Tamplin of Morgan:
A Bill to provide the clerk of the Superior Court of Morgan County certain enumerated volumes of Georgia Laws, and for other purposes.

HB 214. By Messrs. Haar, McGee and Sipple of Chatham:
A Bill to provide that in Judicial Circuits of this State consisting of one county only which now, or hereafter shall have a population of not less than 150,000 nor more than 450,000, jurors summoned to serve in said court may be competent and compellable to serve the number of days specified herein regardless of the number of calendar weeks in which the service may be given, and for other purposes.

HB 411. By Mr. Henderson of Atkinson:
A Bill to amend an act creating the office of tax commissioner of Atkinson County, and for other purposes.

758

JOURNAL OF THE HOUSE,

HB 413. By Messrs. Bolton and Harper of Spalding:
A Bill to amend an act authorizing the Board of Commissioners of Spalding County to employ a clerk and purchasing agent, and for other purposes.

HB 415. By Messrs. Bolton and Harper of Spalding:
A Bill relating to the creation of the Griffin-Spalding County School System; providing for enabling legislation pursuant to constitutional amendment, and for other purposes.

HB 444. By Mr. Wilkinson of Long:
A Bill to supplement the compensation now received by the sheriff of Long County by the payment of a salary to said sheriff in addition to costs and fees now paid to said sheriff, and for other purposes.

liB 465. By Mr. Rowland of Johnson:
A Bill to amend an act setting the terms of the Superior Court of Johnson County at two terms a year, and for other purposes.

HB 479. By Mr. Bloodworth of Houston:
A Bill to amend an act creating a Board of County Commissioners for Houston County, and for other purposes.

HB 480. By Mr. Bloodworth of Houston:
A Bill to provide that the Tax Receiver of Houston County shall be paid from ad valorem school tax collected for the County Board of Education a commission of one per cent of the net amount collected by the County Tax Collector, and for other purposes.

HB 482. By Mr. Walker of Rockdale:
A Bill to fix the compensation of the advisors to the Commissioner of Roads and Revenues of Rockdale County, and for other purposes.

HB 483. By Mr. Walker of Rockdale:
A Bill to fix the salary of the County Attorney for Rockdale County, and for other purposes.

HB 491. By Mr. Mishoe of Tattnall:
A Bill to amend an Act providing for a fee of the Ordinary of Tattnall County, etc., and for other purposes.

HB 492. By Mr. Smith of Emanuel:
A Bill to amend an Act creating a board of commiSSioners of roads and revenues for Emanuel County, and for other purposes.

FRIDAY, FEBRUARY 20, 1953

759

HB 494. By Mr. Conger of Decatur:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Decatur, and for other purposes.

HB 499. By Mr. Clary of McDuffie:
A Bill to provide for the payment of a salary to the Deputy Clerk of the Superior Court of McDuffie County, and for other purposes.

HB 514. By Mr. Harrison of Wayne:
A Bill to provide for employment of tax experts for Wayne County, and for other purposes.

The Senate has agreed to the House amendment to the following bill of the Senate:

SB 117. By Senator Millican of the 52nd:
A Bill to amend the act creating a pension for employees of the Board of Education of Atlanta so as to include employees of the Board of Education of the County transferred to the City; to authorize certain payments so county pension boards in case of transfer to the county, and for other purposes.

The Senate has agreed to the House amendment to the Senate substitute to the following bill :

HB 386. By Mr. Twitty of Mitchell:
A Bill to amend Section 92-5301 of the Code of Georgia, relating to the commissions of the tax receiver and the tax collector, by changing the classes and amounts of commissions, 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 506. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to amend an Act creating the Cobb County Planning Commission, and for other purposes.

HB 507. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to amend an Act creating the office of commissioners of roads and revenues of Cobb County, and for other purposes.

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

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JOURNAL OF THE HOUSE,

HB 102. By Messrs. Matheson of Hart and Wiggins of Stephens:
A Bill to be entitled an Act to amend an Act so as to provide that the permanently disabled who have relations capable of furnishing support shall be eligible for assistance from the Department of Public Welfare, and for other purposes.

HB 616. By Mr. Buie of Camden:
A Bill to be entitled an Act to provide that the purchasing and selling of any matches other than safety matches shall be illegal, and for other purposes.

HB 622. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend Section 32-904 of the Code of Georgia so as to increase the compensation of the members of the County Boards of Education, and for other purposes.

HB 628. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to create the Habersham Water Authority, and for other purposes.

HR 152-533c. By Mr. Tarpley of Union:
A Resolution authorizing the distribution of the Georgia Official and Statistical Register to every high school in the State, and for other purposes.

HR- 154-533e. By Mr. Wiggins of Stephens:
A Resolution authorizing the appointment of a committee to study the advisability of passing an automobile title certificate law, and for other purposes.

HR 166-612a. By Mr. Perkins of Carroll:
A Resolution authorizing the State Librarian to furnish certain law books to the Clerk of the Superior Court and Ordinary of Carroll County, and for other purposes.

HR 173-624d. By Mr. Lanier of Candler:
A Resolution authorizing the State Librarian to furnish certain law books to the Superior Court of Candler County, and for other purposes-

SB 34. By Senators Coker of the 39th, Brown of the 40th, and others:
A Bill to be entitled an Act to provide for the licensing of practical nurses, and for other purposes.

SR 31. By Senator Millican of the 52nd:
A Resolution authorizing the appointment of a committee to study the procedure for the registration of motor vehicles, and for other purposes.

FRIDAY, FEBRUARY 20, 1953

761

SR 32. By Senator Wilkes of the 53rd:
A Resolution authorizing the State Librarian to furnish certain law books to the Superior Court of Cook County, 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 432. By Messrs. Adams and Brantley of Upson:
A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Upson 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 433. By Messrs. Brantley and Adams of Upson:
A Bill to be entitled an Act to provide for the terms of office of members of the Board of Commissioners of Roads and Revenues of Upson 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 459. 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 appointment of two clerks for the office of the Solicitor-General of the Augusta Judcial 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 597. By Mr. Land of Wilkinson:
A Bill to be entitled an Act to amend an Act so as to increase the salaries of the Commissioners of Roads and Revenues of Wilkinson County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional~majority, was passed.

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JOURNAL OF THE HOUSE,

HB 601. By Mr. Williams of Franklin:
A Bill to be entitled an Act to create the office of Commissioner of Roads and Bridges and a Board of Finance for Franklin County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0. The bill, having received the requisite constitutional majority, was passed.
HR 165-601a. By Mr. Deen of Bacon: A Resolution authorizing the State Librarian to furnish certain law books to the Superior Court of Bacon County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 108, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 610. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to amend an Act so as to provide a retirement system for the employees of the Board of Health 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 611. By Messrs. Williams and Trapnell of Bulloch:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Chairman and clerical help of the Board of Commissioners of Roads and Revenues 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 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 615. By Mr. Denton of Paulding:
A Bill to be entitled an Act to amend an Act so as to provide funds for clerical help of the Tax Commissioner of Paulding County, and for other purposes.

FRIDAY, FEBRUARY 20, 1953

763

The report 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 617. By Mr. Holloway of Gilmer:
A Bill to be entitled an Act to amend an Act so as to raise the compensation of the clerk for the. County Commissioner of Gilmer County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 619. By Mr. Short of Colquitt: A Bill to be entitled an Act to establish an airport authority for Colquitt 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 621. By Messrs. Jordan and White of Gwinnett: A Bill to be entitled an Act to amend an Act so as to change the fees allowed to the Clerk, Sheriff, and Solicitor of the 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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 623. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act so as to change certain provisions relating to the assessed valuation of farm lands 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 625. By Messrs. McKenna, Harris, and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to ratify the closing of an alley between Blocks 25 and 29 by the City of Macon, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 627. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to provide supplemental compensation for the Tax Collector 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 117, 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. require the Commissioners of Roads and Revenues of Fulton County to supplement the funds of 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 123. By Senator Parker of the 36th:
A Bill to be entitled an Act to fix the salary for the Commissioners of Roads and Revenues of Pike 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 110. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to the joint CityCounty Board of Tax Assessors of Certain counties, and for other purposes.

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

FRIDAY, FEBRUARY 20, 1953

765

On the passage of the bill, the ayes were 120, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 470. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a charter for the City of Atlanta, and for other purposes.

The following substitute, offered by Messrs. Lokey, H. Smith and M. Smith of Fulton, was read:

A BILL
To be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1847, and the several Acts amendatory thereof, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, and it is hereby enacted by authority of the same that an Act entitled an Act to Establish a New Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same is hereby further amended by adding thereto the following:

SECTION 1.
A copy of notice 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 local legislation have been complied with for the enactment of this law.

SECTION 2.
There is hereby created in the City of Atlanta a commission to study the problems concerning parking facilities for motor vehicles in said city. Said commission shall be known as "The Atlanta Parking Commission", hereinafter referred to as the "Commission". The Commission shall be composed of nine (9) members, to-wit: L. 0. Moseley, Malcolm N. Fleming, Fred B. Moore, J. T. Swann, L. L. Gellerstedt, Joseph K. Heyman, John 0. Chiles, Albert G. Mathews, and one member of the Fulton County Delegation in the General Assembly to be elected by the other members of the Commission.

SECTION 3.
In the event one or more of the citizens appointed to serve on said Commission fails or refuses to serve, such fact shall not invalidate the acts of the Commission. If any member or members appointed to serve shall fail or refuse to serve, the remaining members of the Commission shall elect by a majority vote a citizen or citizens of the City of Atlanta to fill the vacancy or vacancies. A majority of the persons serving as members of the Commission shall constitute a quorum to do business, but a less number may adjourn from time to time. The Commission shall

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JOURNAL OF THE HOUSE,

elect a Chairman, a Vice-Chairman and a Secretary~Treasurer ,from its membership. The Commission shall adopt, from time to time, such rules, regulations and modes of procedure as it deems expedient for the orderly dispatch of its business. The Commission shall keep minutes and records of its meetings. A monthly statement of all disbursements of the funds hereinafter provided,, properly vouched for, shall be furnished to the governing authority of the City of Atlanta. The Mayor and General Council of the City of Atlanta, upon application by the Commission, shall provide suitable office ,space and meeting rooms for the Commis-
sion.

SECTION 4.
It shall be the function and duty of said Commission to make an investigation and study of the parking problem within the City of Atlanta, to prepare a master plan of automobile parking facilities which will provide pertinent data concerning the location and extent of needed off-street parking and storage facilities at the present and in the reasonably foreseeable future, and to submit as hereinafter provided its findings and recommendations regarding the parking problem. Said Commission shall supervise the drafting of specific Constitutional amendments or bills necessary and proper to effectuate its recommendations or any part thereof and shall submit them in its report.

SECTION 5.
The official report of the findings and recommendations of the Commission shall be filed by said Commission with the representatives of Fulton and DeKalb Counties and the Senators of the 34th and 52nd Districts in the General Assembly and with the City Clerk of the City of Atlanta by not later than the 1st day of November, 1953. The Commission shall provide for the publication of a reasonable number of copies of the report of its findings and recommendations for distribution to interested parties.

SECTION 6.
Said Commission shall have the power and authority to hold public hearings. In making such study, the Commission is authorized to call upon the State of Georgia or any of its agencies or institutions for any aid or assistance which can be rendered it, and to call upon the various departments of Fulton and DeKalb County and the City of Atlanta, including the law departments, for such assistance. Said Commission may employ such special, technical and clerical assistance as may be necessary to assembly the required data and information, to analyze the same and to draft its report to the General Assembly. The Commission is authorized to enter into a contract with persons or agencies for providing for any and all of the data and information required in carrying out the purposes of the Commission.

SECTION 7.
There is hereby appropriated out of the fund of the City of Atlanta the sum of Fifteen Thousand ($15,000.00) Dollars for the purpose of carrying out the purposes of this Act, which are declared to be administrative functions of municipal government. Forty (40%) per cent. of

FRIDAY, FEBRUARY 20, 1953

767

said amount shall be paid over to said Commission as soon as said Commission has been formally organized as herein provided and has made request for same. Requisitions for additional amounts up to the total amount hereby appropriated shall be signed by the Chairman and the Secretary-Treasurer of said Commission and shall .be paid by the official in charge of city funds.

SECTION 8.
It is hereby found, determined and declared that the creation of the Commission and the carrying out of its purposes is in all respects for the benefit of the people of the City of Atlanta and is a public purpose, and that the Commission will be performing an essential governmental function in the exercise of the power conferred upon it by this Act. The provisions of this Act are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

SECTION 9.
The Mayor and General Council shall have authority and power to use a portion of Atlanta Memorial Park for fire station purposes and may construct thereon a suitable building and other necessary appertenances. They are specifically authorized to use a tract of land fronting 100' on the east side of Howell Mill Road and extending back east 300', said tract to be located in Land Lot 155 of the 17th District of Fulton County, Georgia.

SECTION 10.
All laws and parts of laws in conflict herewith are hereby repealed.
The following amendment to the substitute to HB 470 was read and adopted:
MESSRS. HOKE SMITH, MUGGSY SMITH and LOKEY, of Fulton, move to amend HB 470 by striking the last section of the substitute thereof in its entirety and substituting in lieu thereof the following sections to be appropriately numbered:
SECTION---. The corporate limits of the City of Atlanta are hereby enlarged and extended so as to include and embrace within the corporate limits of said city all the following described property located in the 14th District of Fulton (formerly Fayette) County and more particularly described as follows:
All of Land Lots 2, 36, 41, 42, 43, 44, 64, 65 and 66. SECTION---. All of the above described property shall be and become a part of Ward 9 of the City of Atlanta until January 1, 1954, when it shall become a part of Ward 7 subject to the power of the Mayor and General Council to vary the wards as otherwise provided in this Charter, as amended.
SECTION---. All powers and authority of the City of Atlanta under its charter and ordinances and all laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included within the limits above described. The power and authority of the officers of the city are made coextensive

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JOURNAL OF THE HOUSE,

with the limits as extended by this Act; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and regulating busi~ ness; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter and the laws and ordinances of the City of Atlanta, are extended to all the limits included under the terms of this Act. The power of the police department, city tax assessors and receivers, building inspector, treasurer, clerk of council, recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, the laws, and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and is bound for the payment of such bonds equally with the other territory comprising the City of Atlanta.
SECTION---. When the territory described in the preceding section, becomes a part of the City of Atlanta, it shall likewise become a part of the independent school system in Atlanta, and the school property located within said territory shall become the property of said city.
SECTION---. If any clause, sentence paragraph or any part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act.
SECTION---. That all laws and parts of laws in conflict herewith are hereby repealed.

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 121, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time, and referred to the Committees:
SB 10. By Senator Millican of the 52nd:
A Bill to be entitled an Act to extend the Act relating to a commission to study pensions in cities over 300,000 population, and for other purposes.
Referred to the Committee on Municipal Government.

SB 100. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act requiring the Tax Commissioner of Fulton County to receive and collect taxes for the City of Atlanta to include property subject to taxation by Fulton County Board of Education, and for other purposes.
Referred to the Committee on Municipal Government.

FRIDAY, FEBRUARY 20, 1953

769

SB 101. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing for retirement of Judges and Solicitor General of Fulton County Civil, Criminal and Juvenile Courts, and for other purposes.
Referred to the Committee on Municipal Government.

SB 129. By Senators Millican of the 52nd, Wilkes of the 53rd, Callaway of the 35th, Campbell of the 31st and Jordan of the 25th:
A Bill to be entitled an Act to authorize the payment of $250.00 annually to the Attorney General of Georgia for services rendered to the peace officers annuity and benefit fund of Georgia, and for other purposes.
Referred to the Committee on State of Republic.

SB 132. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide that the Secretary of State of the State of Georgia shall be the Commissioner of Securities of this State, and for oher purposes.
Referred to the Committee on State of Republic.

SB 135. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to classify property for taxation; to levy taxes on certain classes of intangible personal property, etc., and for other purposes.
Referred to the Committee on Ways and Means.

SB 136. 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, so as to authorize he President of the Board of Aldermen to serve on standing committees, and for other purposes.
Referred to the Committee on Municipal Government.

SB 137. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide for an additional method of condemnation in cities and counties having a population of more than 250,000, and for other purposes.
Referred to the Committee on Municipal Government.

SB 138. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to ratify and confirm the action of the Mayor and Council of the City of Macon as shown by the minutes of its meeting on the 31st day of March 1884, granting toW. C. Singleton, his heirs and assigns, an encroachment into Spring Street, etc., and for other purposes.
Referred to the Committee on Municipal Government.

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JOURNAL OF THE HOUSE,

SENATE FIRST READERS IN HOUSE Friday, February 20, 1953

SB 139. By Senator Millican of the 52nd:
A Bill to be entitled ari Act to amend an Act establishing a new charter for the City of Atlanta, so as to increase the compensation of members of the Personnel Board, and for other purposes.
Referred to ihe Committee on Municipal Government.

SB 140. By Senator Holt of the 54th:
A Bill to be entitled an Act to amend the Act creating the City Court of Baxley, and for other purposes.
Referred to the Committee on Counties and County Matters.

SR 36. By Senators Dean of the 34,th and Carlisle of the 51st:
A Resolution adopting as a part of the Official Code of the State of Georgia the statutory portions of the text of the Georgia Code Annotated, with certain exceptions, and for other purposes.
Referred to the Committee on General Judiciary # 1'.
SB 141. By Senator Singleton of the 24th:
A Bill to be entitled an Act entitled "An Act to consolidate the office of Tax Receiver and Tax Collector in the County of Marion, and for other purposes.
Referred to the Committee on Counties and County Matters.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 423. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to amend an Act so as to change the salaries of the Commissioners of Roads and Revenues of Ben Hill County, and for other purposes.
The following Senate amendment to HB 423 was read:
The Committee of the Senate on Counties and County Matters moves to amend HB 423 by: Inserting in the caption after the words "Ben Hill County", the phrase "to provide extra compensation for the chairman;" and by: Adding to Section 1, after the words "justice of the peace", the sentence: "The Chairman of the Board of Commissioners shall receive fifty dollars ($50.00) per month in addition to his salary as a county commissioner."
Mr. Boggus of Ben Hill moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 423 was agreed to.

FRIDAY, FEBRUARY 20, 1953

771

HR 43-202e. By Mr. Turk of Wilcox:
A Resolution authorizing the State Librarian to furnish certain law books to the Superior Court of Wilcox County, and for other purposes.
The following Senate amendment was read:
The Committee moves to amend HB 43-202e by adding to the last sentence of said Resolution the following words to wit: "On any unappropriated funds in the State Treasury."
Mr. Turk of Wilcox moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 104, nays 0.
The Senate amendment to HR 43-202e was agreed to.

HB 457. By Mr. Martin of Banks:
A Bill to be entitled an Act to provide supplemental compensation to the Ordinary of Banks County, and for other purposes.
The following Senate amendment to HB 457 was read:
Senator Scoggins of the 33rd moves to amend HB 457 by striking in its entirety Section 2 and substituting in lieu thereof the following: "Section 2. The provisions of this Act shall become effective when signed by the Governor."

Mr. Martin of Banks moved that the House disagree to the Senate amendment.
The motion to disagree prevailed.

HB 456. By Mr. Martin of Banks:
A Bill to be entitled an Act to provide supplemental compensation to the Sheriff of Banks County, and for other purposes.

The following Senate amendment to HB 456 was read:
Senator Scoggins of the 33rd moves to amend HB 457 by striking in its entirety Section 2 and substituting in lieu thereof the following: "Section 2. The provisions of this Act shall become effective when signed by the Governor."

Mr. Martin of Banks moved that the House disagree to the Senate amendment.
The motion to disagree prevailed.

HR 148-515e. By Mr. Coogle of Macon:
A Resolution authorizing the State Librarian to furnish certain laws books to the Superior Court of Macon County, and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on General Judiciary moves that HR 148-515e be amended by adding to the last paragraph of said resolution

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JOURNAL OF THE HOUSE,

the following language: "provided said funds are available from any unappropriated funds."
Mr. Coogle of Macon moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 105, nays 0.
The Senate amendment to HR 148-515e was agreed to.
HR 135-433a. By Mr. Tamplin of Morgan:
A Resolution authorizing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Morgan County, and- for other purposes.
The following Senate amendment was read:
The Committee of the Senate on General Judiciary moves that HR 135-433a be amended by adding to the last paragraph of said resolution the following language: "provided said funds are available from any unappropriated funds."
Mr. Tamplin of Morgan moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 106, nays 0.
The Senate amendment to HR 135-433a was agreed to.
HR 134-427a. By Mr. Barrett of Pike:
A Resolution authorizing the State Librarian to furnish certain law books to the Ordinary of Pike County, and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on General Judiciary moves that HR 134-427a be amended by adding to the last paragraph of said resolution the following language: "provided said funds are available from any unappropriated funds."

Mr. Barrett of Pike moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 107, nays 0. The Senate amendement to HR 134-427a was agreed to.

HR 121-374a. By Mr. Tarpley of Union:
A Resolution authorizing the State Librarian to furnish certain law books to Union County, and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on General Judiciary moves that HR 121-374a be amended by adding to the last paragraph of said resolution the following language: "provided said funds are available from any unappropriated funds."

FRIDAY, FEBRUARY 20, 1953

773

Mr. Tarpley of Union moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 108, nays 0.
The Senate amendment to HR 121-374a was agreed to.

HR 129-420a. By Mr. Blackburn of Habersham:
A Resolution authorizing the State Librarian to furnish cenam law books to the Clerk of the Superior Court of Habersham County, and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on General Judiciary moves that HR 129-420a be amended by adding to the last paragraph of said resolution the following language: "provided said funds are available from any unappropriated funds."

Mr. Blackburn of Habersham moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 109, nays 0.
The Senate amendment to HR 129-420a was agreed to.

HR 119-362h. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Resolution authorizing the State Librarian to furnish certain law books to the Criminal Court of Fulton County, and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on General Judiciary moves that HR 119-362h be amended by adding to the last paragraph of said resolution the following language: "provided said funds are available from any unappropriated funds."
Mr. Lokey of Fulton moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 110, nays 0.
The Senate amendment to HR 119-362h was agreed to.

HR 99-337c. By Mr. Wardlow of Turner:
A Resolution authorizing the State Librarian to furnish certain law books to Turner County, and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on General Judiciary moves that HR 99-337c be amended by adding to the last paragraph of said resolution the following language: "provided said funds are available from any unappropriated funds."
Mr. Wardlow of Turner moved that the House agree to the Senate amendment.

774

JOURNAL OF THE HOUSE,

On the motion to agree, the ayes were 111, nays 0. The Senate amendment to HR 99-337c was agreed to.

HR 114-362c. By Mr. Murphy of Haralson:
A Resolution authorizing the State Librarian to furnish certain law books to the Ordinary of Haralson County, and for other purposes.
The following amendment was read:
The Committee of the Senate on General Judiciary moves that HR 144-362c be amended by adding to the last paragraph of said resolution the following language: "provided said funds are available from any unappropriated funds."

Mr. Murphy of Haralson moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 112, nays 0.
The Senate amendment to HR 114-362c was agreed to.

HE 47. By Mr. M.rSmith of Fulton:
A Bill to be entitled an Act to require all judges while presiding in court to wear black robes, and for other purposes.
The following Senate amendment was read:
Senator Dean of the 34th moves to amend HE 47 by adding thereto a new section to be appropriately numbered and to read as follows: "This Act shall only apply to counties having a population of 473,572 according to the last United States Census."

Mr. M. Smith of Fulton moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 113, nays 0. The Senate amendment to HE 47 was agreed to.
HE 506. By Messrs. Willingham, Bentley and Smith of Cobb: A Bill to be entitled an Act to amend an Act so as to provide for certiorari from the Board of Zoning Appeals of Cobb County, and for other purposes.
The following Senate amendments were read:
COMMITTEE AMENDMENTS TO HE 506 (Offered by Senator Coker of the 39th District)

AMENDMENT NO. 1.
Strike Section 2 of said Bill in its entirety and insert in lieu thereof a new Section 2 to read as follows:
"Section 2. That there is hereby withdrawn from the Jurisdiction

FRIDAY, FEBRUARY 20, 1953

775

of the Cobb County Planning Commission the following described tract and parcel of land located in the unincorporated areas of Cobb County:
All of that tract or parcel of land lying in the 17th District, 2nd Section, Cobb County, Georgia, and consisting of:
All of Land Lots 659, 660, and 709; all of the parts of Land Lots 710 and 731 that lie south and west of the Four Lane Highway, known as U. S. Highway No. 41 E; and all of that part of Land Lot 732 which lies south and west of said Four Lane Highway and north of a line beginning at the southeast corner of Land Lot 709 and running in a northeasterly direction approximately 850 feet to a point on the southwest line of said Four Lane Highway 250 feet northwest of the intersection of the New Smyrna Road with said Four-Lane Highway. Said property being more particularly shown and delineated by a plat made by J. P. Phillips, Surveyor, dated May 19, 1945 and said above described tract and parcel of land is hereby zone and re-zoned by the authority aforesaid for the development and maintenance of a cemetery and a memorial park cemetery.

AMENDMENT No.2.
Insert in said bill a new section, to be designated Section 3, which shall read as follows:
"Section 3. That there is hereby withdrawn from the jurisdiction of the Cobb County Planning Commission the following described tract and parcel of land located in the unincorporated areas of Cobb County:
All of that tract or parcel of land lying in the 17th District 2nd Section, Cobb County, Georgia, and consisting of:
The portions of Land Lots Nos. 732 and 733 of said District and Section of said County lying northwest of Smyrna Road, in a u~iform depth of 250 feet from such road, and said above described tract and parcel of land is hereby zoned and re-zoned by the authority aforesaid for commercial and residential purposes."

AMENDMENT NO.3.
Insert in said Bill a new section to be designated as Section 4, which shall read as follows:
"Section 4. That Section 3 of the aforesaid Act approved January 29, 1943 (Ga. Laws 1943, Page 902 et seq.) be amended by striking the period at the end of the first sentence of said Section 3 and inserting in lieu thereof a comma, and adding after such comma the words "except as otherwise provided in this Act or any amendments thereto", so that Section 3 of said Act as so amended shall read as follows:
"Section 4. Said Cobb County Planning Commission may establish such areas or districts over the entire county lying outside the limits of incorporated towns and municipalities or it may establish such areas or districts in any part of said county outside such towns and municipalities, except as otherwise provided in this Act or any amendments thereto. It may proceed on its own motion or on the petition of any person or persons interested in having any such area or districts established."

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JOURNAL OF THE HOUSE,

AMENDMENT N0.4.
Insert in said Bill a new section to be designated as Section 5 to read as follows:
"Section 5. That all laws and parts of laws in conflict with same be and are hereby repealed."

AMENDMENT NO. 5.
That the caption of said Bill be amended by striking the comma after the parenthesis in line four of said caption and inserting in lieu thereof a semi-colon and by inserting after the semi-colon in line five of said caption the following:
"to remove from the jurisdiction of the Cobb County Planning Commission as established by the aforesaid Act all of land Lots 659, 660 and 709 and designated portions of Land Lots 710, 731 and 732, all of such Land Lots lying and being in the 17th District, Second Section of Cobb County, Georgia, and to zone and re-zone some for the development and maintenance of a cemetery and a memorial park cemetery; to remove from the jurisdiction of the Cobb Couny Planning Commission as established by the aforesaid Act, designated portions of Land Lots 732 and 733, said Land Lots lying and being in the 17th District and 2nd Section of Cobb County, Georgia, and to zone and re-zone same for commercial and residential purposes; so that the caption of said Bill as so amended shall read as follows:
"To be entitled an Act to amend an Act creating the Cobb County Planning Commission, approved January 29, 1943 (Ga. Laws 1943, p. 902), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1499); so as to provide for certiorari from the Board of Zoning Appeals of Cobb County; to remove from the jurisdiction of the Cobb County Planning Commission as established by the aforesaid Act all of Land Lots 659, 660 and 709 and designated portions of Land Lots 710, 731 and 732, all of such Land Lots lying and being in the 17th District, Second Section of Cobb County, Georgia, and to zone and re-zone same for the development and maintenance of a cemetery and memorial park cemetery; to remove from the jurisdiction of the Cobb County Planning Commission as established by the aforesaid Act, designated portions of Land Lots 732 and 733, said Land Lots lying and being in the 17th District and 2nd Section of Cobb County, Georgia, and to zone and rezone same for commercial and residential purposed; to repeal conflicting laws; and for other purposes."
Mr. Bentley of Cobb moved that the House agree to the Senate amendments.
On the motion to agree, the ayes were 114, nays 0.
The Senate amendments to HB 506 were agreed to.
By unanimous consent, further consideration of the following Bills of the House was postponed indefinitely:

HB 42. By Messrs. Matheson of Hart and Wiggins of Stephens:
A Bill to be entitled an Act to provide for the dimming of vehicle headlights, and for other purposes.

FRIDAY, FEBRUARY 20, 1953

777

HB 73. By Messrs. Matheson of Hart, Wiggins of Stephens and Phillips of Walton:
A Bill to be entitled an Act to provide for the equipping of vehicles with mufflers, and for other purposes.

HB 518. By Messrs. Ray of Warren, Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act relating to deductions allowed from gross income for income tax purposes, and for other purposes.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Special Appropriations, read the second time, and recommitted:
HR 160-578b. By Mr. Rutland of DeKalb:
A Resolution compensating Mr. B. M. Boyd for damages, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Municipal Government, read the second time, and recommitted:

HB 564. By Messrs. McGee and Haar of Chatham:
A Bill to be entitled an Act to amend an Act known as the Hospital Authorities 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 534. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend an Act by changing the amount of initial payment for the purpose of reporting income on the installment plan, and for other purposes.
The following substitute to HB 534, offered by Mr. Lokey of Fulton was read and adopted:

A BILL
To Be entitled an Act to amend Subsection (a) of Section 92-3107 of the Code of Georgia of 1933 as amended, which relates to and defines gross income, and which has not been clear as to the intent of the General Assembly as to the term "initial payment" in reporting income on the installment plan by striking the word "Provided" and all that follows in said subsection and adding to said subsection two new paragraphs which will express the intent of the General Assembly as to the methods of reporting incomes on the installment basis and to change the percentage of initial payment from "forty per centum" to "thirty per centum"; to provide for an effective date; 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 subsection (a) of Section 92-3107 of the Code of Georgia as amended, be amended in order to clarify and express the original intent of the General Assembly as to reporting income on the installment plan and as to the meaning of the term "initial payment" and to further amend said subsection so that the initial payment on such installment sales will be "thirty per centum" instead of "forty per centum", by striking all that portion of said subsection beginning with the word "Provided", and by inserting a period in place of the semi-colon immediately preceding the word "Provided", and adding two new paragraphs to be designated as p~agraphs (1) and (2) as follows:
"(1) Dealers in Personal Property.- Under regulations prescribed by the Commissioner a person who regularly sells or otherwise disposes of personal property on the installment plan may return as income therefrom in any taxable year that proportion of the installment payments actually received in that year which the gross profit realized or to be realized when payment is completed, bears to the total contract price.
"(2) Sales of Realty and Casual Sales of Personalty.- In the case (i) of a casual sale or other casual disposition of personal property (other than 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), for a price exceeding $1,000, or (ii) of a sale or other disposition of real property, if in either case the initial payments do not exceed 30 per centum of the selling price, the income may, under regulations prescribed by the Commissioner be returned on the basis and in the manner above prescribed in paragraph (1) of this section. As used in this section the term "initial payments" means the payments received in cash or property other than evidences of indebtedness of the purchaser during the taxable period in which the sale or other disposition is made.", so that said subsection (a), when so amended shall read as follows:
"(a) The words "Gross Income" mean the income of a taxpayer derived from salaries, wages, or compensation for personal service, of whatever kind and in whatever form paid, or from professions, vocations, trades, business, commerce or sales, or dealing in property, whether real or personal, growing out of the ownership or use of or interest in such property; also from interest, rent, dividends, securities, or the transaction of any business carried on for gain or profit, or gains or profits and income derived from any source whatever and in whatever form paid.
"(1) Dealers in Personal Property.- Under regulations prescribed by the Commissioner a person who regularly sells or otherwise disposes of personal property on the installment plan may return as income therefrom in any taxable year that proportion of the installment payments actually received in that year which the gross profit realized or to be realized when payment is completed, bears to the total contract price.
"(2) Sales of Realty and Casual Sales of Personalty.- In the case

FRIDAY, FEBRUARY 20, 1953

779

of (i) of a casual sale or other casual disposition of personal property (other than 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), for a price exceeding $1,000, or (ii) of a sale or other disposition of real property, if in either case the initial payments do not exceed 30 per centum of the selling price, the income may, under regulations prescribed by the Commissioner be returned on the basis and in the manner above prescribed in paragraph (1) of this Section. As used in this section the term "initial payments" means the payments received in cash or property other than eivdences of indebtedness of the purchaser during the taxable period in which the sale or other disposition is made."
SECTION 2.
Be it further enacted by the authority aforesaid that the provisions of this Act relating to the percentage of the initial payment shall apply to and be in full force and effect of all taxable years ending on and after the passage of this Act, and that the other provisions of this Act shall apply to and be on full force and effect for all taxable periods applicable since the enactment of said subsection prior to this Act and to all taxable years ending on and after the passage of this Act.
SECTION 3.
Be it further enacted by the authority aforesaid that if any part of this Act shall be declared unconstitutional the remaining parts, portions or sections shall remain in full force and effect.
SECTION 4.
Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, 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.
HB 535. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend an Act so as to provide the amount of income a beneficiary of a trust may receive from said 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 536. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend an Act relating to th~t rate of income tax on corporations, and for other purposes.

780

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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 539. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act known as the General Tax Act so as to make certain changes in the license tax of corporations, and for other purposes.
The following amendment to HB 539 was read and adopted:
Mr. Ray of Warren moves to amend HB 535 by: Adding in Section 2 after the words "a balance sheet" at both places where such words appear the word "as".
And by: Striking in new subparagraph "(n)" in Section 4 the word "Act" and inserting in lieu thereof the word "section".
And by: Striking Section 5 in its entirety and inserting in lieu thereof the following: Section 5. That "Paragraph 43" of Section 1 of said Act be further amended by adding a new subparagraph immediately following subparagraph "(n)" to be designated as subparagraph "(o) ", which shall read as follows: "(o) For any Corporation receiving a charter after January 1 in any year, the taxes provided for in this section are due on the date of incorporation and shall be paid to the State Revenue Commissioner within ninety (90) days thereof. Provided, however, that for each succeeding year such taxes shall be paid in the manner provided for in Section 1 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 104, nays 0.
The bill, having received the requisite constitutional majority was passed, as amended.
HB 540. By Mr. Ray of Warren: A Bill to be entitled an Act to amend an Act so as to strike therefrom the words "or to sewing machine 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 2.
The bill, having received the requisite constitutional majority, was passed.

HB 542. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend an Act providing for the amount of exemptions of allowed trusts and estates, and for other purposes.

FRIDAY, FEBRUARY 20, 1953

781

The following substitute to HB 542, offered by Mr. Lokey of Fulton, was read and adopted:
A BILL
To be entitled an Act to amend Section 92-3106 (e) of the Code of Georgia of 1933, as amended, which provides for the amount of exemptions allowed trusts and estate, to provide for exemptions for trusts and estates; to change the existing provisions of the Code with respect thereto; to provide for an effective date; 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 92-3106 (e) of the Code of Georgia of 1933, as amended, be amended by repealing said Section 92-3106 (e) in its present form and substituting in lieu thereof a new section to be designated as Section 92-3106 (e), which shall read as follows:
"(e) The net income of an estate or trust shall be computed in the same manner and on the same basis as in the case of an individual, except that an exemption of $1,000.00 shall be allowed to an estate and a trust shall be allowed an exemption of $100.00."

SECTION 2.
Be it further enacted by the authority aforesaid that the foregoing provisions shall apply to and be in full force and effect for air taxable years ending on and after the passage of this Act.
SECTION 3.
Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.
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.
HB 541. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act providing for a tax on foreign 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 ayes were 107, nays 1.

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JOURNAL OF THE HO"CSE,

The bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read:
HR 186. By Mr. Connell of Lowndes:
A RESOLUTION
WHEREAS, His Excellency, Herman E. Talmadge, Governor of Georgia, on the 5th day of March, 1949 passed the following Executive Order:
WHEREAS: On February 25, 1949, I vetoed House Bill Number 706 on the grounds that part of the bill provided for the importation of brandies into Georgia by Wine Manufacturers without the payment of State excise tax, and without any supervision by the State Revenue Department. Further, this portion of the bill may be in conflict with the Federal statute, Title 26, Section 3031, which gives control of fortifying brandies of the Federal Government; and
WHEREAS: There is a portion of the bill that provides: On all domestic wines, whether fortified or not with fruit brandies produced without the State, and having an alcoholic content of more than 14% by volume when sold in Georgia-25 per gallon. On foreign wines, whether fortified or not, having an alcoholic content of more than 14% by volume-$1.00 per gallon. This part of the bill is progressive and in my opinion will encourage the growing of grapes, fruit and berries in Georgia, which will result in a material benefit to our Georgia farmers; and
WHEREAS: Code Section 40-205 gives me the following authority:
"Suspension of collection of taxes.- The Governor may suspend collection of taxes, or any part thereof, due the State until the meeting of the next General Assembly, but no longer; nor shall he otherwise interfere with the collection thereof."
IT IS THEREFORE ORDERED: That on all domestic wines, whether fortified or not with fruit brandies produced without the State, and having an alcoholic content or more than 14% by volume when sold in Georgia., the excise tax shall be 25 per gallon. On foreign wines, whether fortified or not, having an alcoholic content of more than 14% by volume, the excise tax shall be $1.00 per gallon.
This reduction of the excise tax on domestic wines, whether fortified or not, will be in force and effect until the General Assembly convenes.
This March 5, 1949.
HERMAN E. TALMADGE GOVERNOR
BY THE GOVERNOR: BENTON ODOM SECRETARY, EXECUTIVE DEPARTMENT"
and
WHEREAS, His Excellency, Herman E. Talmadge, Governor of Georgia, did on the 23rd day of February, 1951 pass the following Executive Order:

FRIDAY, FEBRUARY 20, 1953

783

"WHEREAS: The growing of grapes in Georgia has become an important crop, and those engaged in producing them have requested a modification of the Wine Tax, and
WHEREAS: I have heretofore issued two Executive Orders suspending part of the tax on domestic wine until the General Assembly of Georgia convenes, and
WHEREAS: The General AsseQtbly has since convened and passed Act 233 (House Bill No. 26) in which domestic wines containing an alcoholic content of not more than 14% were taxed at 5 per gallon, and foreign wines with an alcoholic content of not more than 14% were taxed 50 per gallon, and domestic wines of an alcoholic content of more than 14%, whether fortified or not, were taxed at 50 a gallon, and foreign wines of over 14% alcoholic content were taxed at $1.00 per gallon, and
WHEREAS: The Georgia grape growers are again requesting the suspension of a part of the tax on domestic wines having an alcoholic content of over 14%, it is therefore
ORDERED: That a Fact Finding Committee be appointed to investigate the question of whether or not a reduction should be made, composed of the Honorable Charles D. Redwine, Chairman, Honorable Fred Hand, and Honorable T. Guy Connell. This committee is authorized to hold public hearings and make such other investigation as they deem advisable, and make their recommendations to me at such early date as is practicable. It is further ordered that they be paid the sum of $10.00 per day as per diem, and their actual expenses while engaged in this investigation to be paid from the Governor's Contingency Fund.
This, the 23rd day of February, 1951.
/s/ Herman E. Talmadge GOVERNOR
BY THE GOVERNOR: /s/ William H. Kimbrough SECRETARY, EXECUTIVE DEPARTMENT"
and
WHEREAS, the General Assembly of the State of Georgia at its January-February Session, 1951 amended the wine tax law which was the subject matter of the herein quoted Executive Orders and enacted into law, rates of taxation on wine as provided in said Executive Orders, but failed to ratify the Executive Order suspending the said tax during the period from the date of the suspension up until June 30, 1951. the effective date of said amendment, and
WHEREAS, there now remains outstanding against the taxpayers liable for the payment of said tax, unpaid taxes which accrued during the period between the date of the Executive Order suspending the same and the effective date of said am8lldment, and
WHEREAS, during the said suspension, the persons liable for said tax complied with the terms of said Executive Order and all of the Rules and Regulations of the Revenue Department during the period of suspension, and
WHEREAS, they bought products to be processed in the making

784

JOURNAL OF THE HOUSE,

of wine and sold wine on the basis of the tax provided in said Executive Orders, and
WHEREAS, it would work an unreasonable hardship on said taxpayers to pay the full amount of tax during the period of suspension, since they would be required to pay a tax which they did not and could not pass on to the consumer under the Executive Orders, and the Rules and Regulations of the Revenue Department.
THEREFORE, be it resolved that the House of Representatives recommend to the Honorable Charles D. Redwine, Commissioner of Revenue, State of Georgia, and the Honorable Eugene Cook, AttorneyGeneral, State of Georgia, that they take such action as is necessary to compromise said outstanding taxes at a nominal figure on a fair and equitable basis to the State of Georgia and all parties concerned.
BE IT FURTHER RESOLVED, that the Clerk of this House furnish to the Honorable Charles D. Redwine, Commissioner of Revenue, State of Georgia, and the Honorable Eugene Cook, Attorney-General, State of Georgia, each a copy of this Resolution.

The following communication was read:

February 20, 1953

Honorable Fred Hand Speaker of the House of Representatives State Capitol Atlanta, Georgia
My dear Fred:
It is my understanding that the House is considering a Resolution relative to Executive Orders which I have issued pertaining to wine taxation, and a subsequent Act introduced in the House and passed by the General Assembly pertaining to the same subject.

I am told that this Resolution will recommend that the Attorney General and the State Revenue Commissioner negotiate a settlement of the tax liability incurred by the two Executive Orders and the subsequent Act of the General Assembly.

This Resolution has my approval, as well as that of the Hon. C. D. Redwine, State Revenue Commissioner.
I recommend it to the House of Representatives.

With kindest personal regards, I am

Sincerely yours, Herman E. Talmadge

Mr. Harrison of Jenkins moved that HR 186 be tabled.

On the motion to table, the ayes were 8, nays 97.

The motion to table was lost.

The resolution was adopted.

FRIDAY, FEBRUARY 20, 1953

785

Mr. Gowen of Glynn requested that the Journal show him as having voted against the adoption of HR 186.
Under the regular order of business, the following Bill and Resolutions of the House were. taken up for consideration, and read the third time:

HB 298. By Messrs. Dunaway and Cornelius of Polk:
A Bill to be entitled an Act to amend an Act so as to authorize the promotion of commissioned officers of the Georgia National Guard upon their retirement, and for other purposes.

The report 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.

HR 168-619a. By Mr. Duncan of Carroll:
A Resolution clarifying the intent of the General Assembly in defining the word "Literature" in HB 247, a bill providing for the creation of a State Literature 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 106, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 158-570b. By Messrs. Perkins and Duncan of Carroll:
A Resolution authorizing the establishment of a State Park on certain lands in Carroll County, and for other purposes.

The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 103, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.

HR 164-594b. By Messrs. Ray of Warren and Mobley of Burke:
A Resolution authorizing the appointment of a joint committee of the House and Senate to investigate the need for the creation of a State Warehouse System, and for other purposes.

The resolution was adopted. The following Resolutions of the House were read and adopted:

786

JOU~NAL OF THE HOUSE,

HR 187. By Messrs. Bolton and Harper of Spalding:

A RESOLUTION
Commending Congressman Sidney Camp for his efforts in attempting to secure the establishment and location of an Air Force Academy in Spalding County; and for other purposes.
WHEREAS, Honorable Sidney Camp, Congressman from the State of Georgia, has introduced in the Congress of the United States, House Resolution No. 385, which proposes the establishment of a United States Air Force Academy and the location of said Academy in Spalding County, Georgia; and
WHEREAS, the location of such an Academy in Spalding County would be of tremendous benefit to the State of Georgia; and
WHEREAS, Congressman Camp has exerted great efforts and has expended tremendous energy in his efforts to obtain the establishment and location of an Air Force Academy in Spalding County, Georgia;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that Congressman Sidney Camp be commended for his efforts as set out above, and that he be urged and requested to continue his excellent work on behalf of House Resolution No. 385.
BE IT FURTHER RESOLVED that the Clerk of the House send a copy of this Resolution to Congressman Sidney Camp.

HR 188. By Messrs. Bolton and Harper of Spalding:

A RESOLUTION
Urging the Georgia Congressional Delegation to support legislation for the establishment of an Air Force Academy in Spalding County, Georgia; and for other purposes.
WHEREAS, it is proposed that a United States Air Force Academy be established similar to the Army Academy at West Point and the Naval Academy at Annapolis; and
WHEREAS, the establishment of such an Air Force Academy would be of great benefit to the entire nation; and
WHEREAS, there is pending in Congress House Resolution No. 385 which was introduced by Congressman Sidney Camp, of Georgia, which proposes that an Air Force Academy be established and toot such Academy be located in Spalding County, Georgia; and
WHEREAS, Spalding County was the only location in the State of Georgia and one of the fourteen locations in the United States which were selected to be placed on the approved list of locations for the establishment of said Acadmey; and would provide the Academy with an ideal location from the stand point of Geography, weather, manpower, and State and County Support;
WHEREAS, the establishment of such an Academy in Spalding County would be of untold benefit to the State of Georgia;

FRIDAY, FEBRUARY 20, 1953

787

NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that the Georgia Delegation in Congress be urged and requested to support House Resolution No. 385 and exert all possible effort towards effecting its passage.
BE IT FURTHER RESOLVED that the Clerk of the House send a copy of this Resolution to each member of the Georgia Congressional Delegation.

HR 189. By Messrs. Bolton and Harper of Spalding:

A RESOLUTION
Requesting the United States Department of Defense to locate an Air Force Academy in Spalding County, Georgia; and for other purposes.
WHEREAS, it is proposed that a United States Air Force Academy similar to the Academy at West Point and the Naval Academy at Annapolis be established; and
WHEREAS, Spalding County, Georgia, has been selected as one of the fourteen locations in the United States on the approved list of locations; and
WHEREAS, Spalding County would be the ideal location for the establishment of such an Academy; and would provide the Academy with an ideal location from the stand point of Geography, weather, manpower, and State and County Support;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives of the State of Georgia, the Senate concurring, that the United States Department of Denfense be urged and requested to select Spalding County, Georgia, as the location for the establishment of the United States Air Force Academy.
BE IT FURTHER RESOLVED that the Clerk of the House send a copy of this Resolution to the Honorable Charles E. Wilson, Secretary of Defense of the United States.
HR 190. By Mr. M. Smith of Fulton:

A RESOLUTION

WHEREAS, in 1950 the Legislature did set up the Jekyll Island Authority and

WHEREAS, the Governor of Georgia, the Honorable Herman E. Talmadge did appoint the Jekyll Island committee to handle the affairs of the authority and

WHEREAS, the committee consists of the following prominent Georgians:

Hon. D. Braxton Blalock, Chairman

Hon. Mitchell Mciver (Mike) Benton, Vice-Chairman

Hon. Ben J. Tarbutton



Hon. Jas. D. Compton

Hon. H. Gould Barrett

788

JOURNAL OF THE HOUSE,

AND WHEREAS, two of these distinguished gentlemen, namely: Hon. D. Braxton Blalock and Hon. Ben J. Tarbutton are now members of this House of Representatives, and
WHEREAS, the Jekyll Island committee has worked diligently and faithfully at great personal sacrifice for the best interests of the citizens of Georgia.
BE IT THEREFORE RESOLVED BY THIS HOUSE OF REPRESENTATIVES, the Senate concurring that the members of the committee shall be individually commended by a grateful citizenry for their untiring efforts in behalf of the sovereign State of Georgia.
BE IT FURTHER RESOLVED that this resolution shall be spread upon the minutes of the Journal of both the House and the Senate and that a copy of the resolution be sent to each member of the Jekyll Island Committee.

HR 191. By Messrs. Mincy and Frier of Ware:
CONCURRING RESOLUTION OF THE GENERAL ASSEMBLY OF GEORGIA MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO CORRECT AND RESTRAIN THE UNWARRANTED AND UNINTENDED EXTENSION OF FEDERAL AUTHORITY IN THE FIELD OF UTILITY REGULATION THROUGH :!'HE ENACTMENT OF APPROPRIATE LEGISLATION AND THE REJECTION AND DEFEAT OF THE PRESENTLY PENDING AMENDMENT TO SECTION 13 OF THE INTER-STATE COMMERCE ACT AS PROPOSED IN SENATE BILL 281.
WHEREAS, the independent regulatory agencies of the federal government, particularly the Interstate Commerce Commission and the Federal Power Commission have purposely and persistently sought to extend the regulatory powers over public utilities into those areas intended by Congress to be left to local control, and
WHEREAS, this constant accretion of this purely local authority by federal agencies has been aided and encouraged by the strained construction and speculative reasoning of the decisions of the Supreme Court of the United States such as that in the case of the Federal Power Commission v East Ohio Gas Company 338 US 464, upholding an order of that Commission assuming jurisdiction over a natural gas company engaged strictly in the distribution and sale of natural gas wholly within the borders of the State of Ohio. Also, the recent ruling reading into the 13th Section of the Interstate Commerce Act the power to give weight to the nation-wide passenger train deficit in over ruling the order of the Florida Railroad and Public Utilities Commission and substituting its own schedule of intrastate rates for application within Florida as held in Florida Railroad and Public Utilities Commission v. Interstate Commerce Commission (Dkt. No. 9, October Term U. S. Supreme Court 1952) decided December 22, 1952, and
WHEREAS, under the ever-expanding construction and application of the Shreveport principle the Interstate Commerce Commission has virtually usurped the power of the States in the field of railroad rate making leaving to local authority only those matters having to do with the provision for service, and
WHEREAS, the amendments to Section 13 of the Act as proposed

FRIDAY, FEBRUARY 20, 1953

789

in Senate Bill 281 would invade and usurp the police powers of the State and completely strip local authority of all jurisdiction and control over all matters having to do with the provision for or curtailment of railroad depot and station facilities, side tracks, passenger train and freight train services and thus deprive the States of this last vestige of regulation over railroads.
NOW THEREFORE BE IT RESOLVED, that the Congress of the United States be and it is hereby memorialized to enact such amendatory and corrective legislation as will accurately define the respective spheres of State and Federal authority in the field of utility regulation so as to remove Federal control and interference in those areas which are now completely and adequately regulated on the State level, and that will re-state the congressional intent which has been distorted by Supreme Court rulings, and
BE IT FURTHER RESOLVED, that the Congress be memorialized to re-state the true and original legislative intent of Section 13 of the Interstate Commerce Act so as to restore to local authority the regulation of those matters of primary local concern and that any and all such proposals as that contained in the provisions of Senate Bill 281 to further invade local authority be summarily rejected and defeated, and
BE IT FURTHER RESOLVED, that the Secretary of the Senate of Georgia and the Clerk of the House of Representatives of Georgia be instructed to transmit a copy of this memorial to the appropriate officers of the Senate and the House of Representatives of the national Congress for inclusion in the Congressional Record. February 2, 1953

Th~ following Resolution of the House was read the first time and referred to the Committee on Industrial Relations:

HB 192. By Mr. Rowland of Johnson:
A Resolution authorizing and confirming the appointment by the Chairman of the Industrial Relations Committee of a Sub-Committee for the purpose of studying the present Georgia Workmen's Compensation Act, and for other purposes.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., Monday, February 23, 1953, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, A. M., Monday, February 23, 1953.

790

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 23, 1953.

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 Doctor Allen S. Cults, Pastor, First Baptist Church, Metter, Georgia.

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

Mr. Garrard of Wilkes, 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 iuring the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills, with local application.
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 of the House were read the first time, and referred to the Committees:
HR 193-639a. By Messrs. Adams of Upson, Veal of Putnam and Jordan of Gwinnett:
A Resolution to authorize the appointment of an investigating Committee to investigate the Peace Officers Annuity and Benefit Fund, and for other purposes.
Referred to the Committee on State of Republic.
HR 194-639b. By Mr. Bell of Richmond:
A Resolution authorizing the Committee of the House on Training Schools to visit the various institutions within the State, and for other purposes.
Referred to the Committee on Training Schools.

MONDAY, FEBRUARY 23, 1953

791

HR 195-639c. By Messrs. Hall of Floyd, Green of Rabun, Hand and Twitty of Mitchell, Freeman of Monroe and Ray of Warren:
A Resolution providing for the appointment of a committee to study the Georgia Educational system, and for other purposes.
Referred to the Committee on Education # 1.

HR 196-639d. By Mr. Edenfield of Mcintosh:
A Resolution providing for a sub-committee to visit, inspect, study, compile information and make report and recommendations concerning the conservation and protection of game and fish of this State, and for other purposes.
Referred to the Committee on Game and Fish.

HB 640. By Messrs. Potts of Coweta and Campbell of Oconee:
A Bill to be entitled an Act to amend Marks and Brands Laws of Georgia, and for other purposes.
Referred to the Committee on General Agriculture # 1.

HB 641. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act setting up driving and traffic regulations, by, providing for procedure for prescribing speed limits for motor vehicles, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 642. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act incorporating the Town (now City) of Loganville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 643. By Mr. Hayes of Coffee:
A Bill to be entitled an Act to amend an Act relating to powers and duties of the State Highway Department, so as to provide that all officials and employees of the State Highway Department shall receive a minimum wage of seventy-five cents per hour, and for other purposes.
Referred to the Committee on State of Republic.

HB 644. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to amend an Act relating to the creation, duties, etc., of the Board of Commissioners of Roads and Revenues of Hall County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 645. By Mr. Watson of Dougherty: A Bill to be entitled an Act to place the sheriff, the Clerk of the Superior

792

JOURNAL OF THE HOUSE,

Court, and the Ordinary of Dougherty County on a salary basis, and for other purposes. Referred to the Committee on Counties and County Matters.
HB 646. By Mr. Buie of Camden: A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sale and Use Tax Act, so as to provide for the exemption of all translations of Holy Bibles sold, and for other purposes.
Referred to the Committee on Ways and Means.
Mr. Lavender of Elbert 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 638. Do Pass. HB 632. Do Pass. HB 478. Without Recommendation SB 140. Do Pass.
SB 141. Do Pass.
Respectfully submitted,
Lavender of Elbert,
Chairman.

Mr. Hoke Smith of Fulton 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 564. Do Pass.
SB 136. Do Pass, as amended.
SB 101. Do Pass.
SB 100. Do Pass. SB 10. Do Pass.
SB 138. Do Pass.
SB 139. Do Pass.

MONDAY, FEBRUARY 23, 1953

793

SB 78. Do Pass, by substitute as amended. SB 137. Do Pass, as amended.
Respectfully submitted, Hoke Smith of Fulton, Chairman.
Mr. Barber of Colquitt County, Chairman of the Committee on Special Appropriation, submitted the following report: Mr. Speaker:
Your Committee on Special Appropriation has had under consideration the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 57-255a. Do Pass. HR 160-578b. Do Pass. HR 74-262n. Do Pass. HR 113-362b. Do Pass, as amended.
Respectfully submitted, Barber of Colquitt, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 97. Do Pass.
SB 111. Do Pass.
SB 129. Do Pass.
Respectfully submitted,
McCracken of Jefferson,
Chairman.

Under the provisions of Rule 198, the Speaker referred the following Bill of the House to the Committee on State of the Republic:

HB 478. By Mr. Cummings of Seminole:
A Bill to be entitled an Act to abolish the present Board of County Commissioners of Seminole County, and for other purposes.

794

JOURNAL OF THE HOUSE,

The following message was received fr~m 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:

SB 83. By Senator Hall of the 15th:
A Bill to amend Code Section 26-6905 relating to one's pursuance of his business or occupation on Sunday so as to provide for the selling of perishable farm products, growing plants and perishable seeds on Sunday; and for other purposes.

SB 85. By Senator Hall of the 15th:
A Bill to amend Section 33-101 of the Code relating to the basis of title upon a plaintiff in ejectment must recover by providing that in all pending actions and actions hereafter brought where the proof shows wild land is in issue where neither the plaintiff nor the defendant proves possession in one of the grantors in his chain of title, then the party having the better record or paper title shall recover, and for other purposes.

SB 128. By Senator Adams of the 12th:
A Bill to amend the Public Safety Department Act by providing the driver license bureau supervisor shall have the pay and rank of captain instead of lieutenant; and to provide the personnel officer shall have the rank and pay of lieutenant and to provide the rank and personnel and clerical help to be at headquarters, and for other purposes.
SB 133. By Senator Jordan of the 25th:
A Bill to amend Code Section 23-407 by providing a surveyor shall receive $25.00 per day while engaged in making a survey and $6.00 per day for paying chain carriers, flag barriers, and other labors necessary, and for other purposes.
SB 134. By Senator Hall of the 9th:
A Bill to amend the "Revenue Certificate Law" by providing that the Act shall apply to transit system for the transportation of persons in the municipality and envirors, and for other purposes.
SB 142. By Senator Redwine of the 26th:
A Bill to amend an Act pertaining to commissions to examine persons for whom guardianship for commitment to the Milledgeville State Hospital is sought, and for other purposes.
SB 147. By Senators Crummey of the 48th, Blitch of the 5th and Adams of the 12th:
A Bill to amend the act creating the Bill Drafting Unit approved February 20, 1951 so as to make changes in the provisions relating to the Deputy Director, and for other purposes.

MONDAY, FEBRUARY 23, 1953

795

SR 17. By Senator Callaway of the 35th:
A Resolution authorizing payment to Mrs. Nina Barnes Belcher of $1542.52 for medical expenses and property damage resulting from an accident while crossing a defective bridge.

SR 29. By Senator Adams of the 12th:
A Resolution authorizing the State Highway Department to pay Emory R. Kent the su~ of $1,000 as damages to his automobile.

SB 148. By Senator Redwine of the 26th:
A Bill to amend the Act of August 21, 1911, entitled "An Act to amend the charter of the City of Fayetteville", by extending the corporate limits of said City and by conferring upon the Mayor and Council power to enact zoning ordinances and to provide for the issuance of building permits for construction in said City, and for other purposes.

HB 380. By Messrs. Stephens of Clarke and Williams of Bulloch:
A Bill to amend an Act relating to the Chief Drug Inspector, and for other purposes.

HB 419. By Mr. Wooten of Randolph:
A Bill to consolidate the office of Tax Receiver and Tax Collector of Randolph County into the office of Tax Commissioner, and for other purposes.

HB 421. By Mr. Boggus of Ben Hill:
A Bill to provide for the collection and manner of distribution and the disposition of fines and forfeitures arising in the Superior Courts of the Cordele Judicial Circuit, and for other purposes.

HB 454. By Messrs. Greene of Crisp and others:
A Bill to amend an Act defining and enlarging the jurisdiction of the Courts of Ordinary with relation to certain cases; so as to provide for the time of payment of the remainder of fines into the county or municipal treasury, and for other purposes.

HB 388. By Messrs. Harris of Bibb, Dunaway and Cornelius of Polk, Litsey of Lamar and Sipple of Chatham:
A Bill to amend an Act known as an Act to provide for the appointment of special officers upon the request of the president or resident executive officer of any railway company or any railroad corporation operating and doing business in this State as a common carrier, and for other purposes.

HB 505. By Mr. Stewart of Echols:
A Bill to abolish the County Court of Echols County as established by an Act entitled "An Act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned.", approved

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JOURNAL OF THE HOUSE,

January 19, 1872 (Ga. Laws 1871-72, p. 288), as amended; to create a new County Court; to define its jurisdictions and powers, and for other purposes.

HB 553. By Mr. Holloway of Gilmer:
A Bill to amend an Act entitled "An Act to incorporate and establish the City of Ellijay in the County of Gilmer, and for other purposes.

HR 86. By Messrs. Rutland, McWhorter and Turner of DeKalb:
A Resolution to amend an Act providing a salary for the official Court Reporter for the Stone Mountain Judicial Circuit, and for other purposes.

HR 132. By Mr. Williams of Franklin:
A Resolution to authorize the Department of State Parks, Historical Sites and Monuments to accept on behalf of the State a donation of land in Franklin County for park purposes to be known as "Victoria Bryant State Park", and for other purposes.

HR 175. By Mr. McCracken of Jefferson:
A Resolution proposing that the Legislature of Georgia urgently request the Federal Government to retire immediately from the field of motor fuel taxation and that the Fecieral tax on motor fuel be eliminated, and for other purposes.

HR 174. By Messrs. Goodson of Heard, Blalock of Coweta, Tarbutton of Washington and Murphy of Haralson:
A Resolution to provide that former Governor Adlai E. Stevenson of Illinois be strongly urged to address a Joint Session of the General Assembly of the State of Georgia, at his convenience during the session which convenes on the 16th day of November, 1953.

HR 182. By Mr. M. Smith of Fulton:
A Resolution extending their sincerest sympathy to the family and friends of Chief Morris W. Dean.

HR 180. By Messrs. Barber of Jackson and Hand of Mitchell:
A Resolution requesting the members of the Georgia Congressional Delegation to exert their efforts towards obtaining the full appropriation authorized under the provisions of the George-Barden Act, and for other purposes.

HR 179. By Messrs. Land of Wilkinson and Rowland of Johnson:
A Resolution to pay tribute to Honorable Alex Boone, Legislator, Statesman and Businessman, and for other purposes.

MONDAY, FEBRUARY 23, 1953

797

HR 178. By Mr. Harrison of Jenkins:
A Resolution memorializing the National Congress in reference to the advertising of Alcoholic Beverages, 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 to-wit:

SR 43. By Senator Millican of the 52nd:
A Resolution memorializing the Congress of the United States to correct and restrain the unwarranted and unintended extension of Federal authority in the field of utility regulation through the enactment of appropriate legislation and the rejection and defeat of the presently pending amendment to Section 13 of the Interstate Commerce Act as proposed in Senate Bill 281, and for other purposes.

SR 34. By Senator Millican of the 52nd:
A Resolution proposing to the qualified voters an amendment to Article XV, Section I of the Constitution of Georgia of 1945 so as to authorize the people of the City of Atlanta to amend the Charter of said city, to provide for the submission of the amendment for ratification or rejection by the people, and for other purposes.

SR 23. By Senator Carlisle of the 51st:
A Resolution p,roposing to the qualified voters of Georgia an amendment to Article VII, Section II, of the 1945 constitution of Georgia, authorizing taxation for the purpose of paying pensions to firemen; to provide for an assistant to collect such taxes; to provide for the disbursement of said pensions from such system; for the submission of this amendment for ratification or rejection, and for other purposes.

SR 40. By Senators Callaway of the 35th and Cheek of the 23rd:
A Resolution renaming the road now known as the Loganville-Bold Springs-Winder Road the Charles S. Floyd Road, and for other purposes.

SB 57. By Senator Millican of the 52nd:
A Bill to amend the "Voters' Registration Act" so as to reduce the periods specified in said Act from six months to forty-five days before the date of the election, and for other purposes.

SR 27. By Senator Millican of the 52nd:
A Resolution to amend constitution to provide that governing authorities of Fulton County shall have the right to furnish labor and equipment for road work or other public work in cities and towns of not more than 5,000 inhabitants by 1950 or future census where the cost to

798

JOURNAL OF THE HOUSE,

Fulton County shall not exceed 50% of total cost of such road, and for other purposes.

SB 127. By Senator Adams of the 12th:
A Bill to amend an Act entitled "An Act to provide for the Giving of Security by Owners and Operators of Motor Vehicles; to repeal an Act entitled "Motor Vehicle Responsibility Act", and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate agrees to the House Amendment to Senate Bill No. 38 by Mr. Carlisle of the 51st.
A Bill to provide that no person shall be elected Ordinary of a County having therein a population of 100,000 or more, unless such person shall have attained the age of 30 years and shall have either practiced law for 3 years next preceding his election or shall have served as much as 5 years as a Clerk of Court of Ordinary; to exempt from this Act any person now holding the Office of Ordinary, and for other purposes.

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

HB 632. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to create the Habersham County Gas Distribution Authority, and for other purposes.

HB 638. By Mr. Williams of Franklin:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Treasurer of Franklin County, and for other purposes.

HR 113-362b. By Mr. Lovett of Laurens:
A Resolution compensating Mr. M. E. Cochran for damages, and for other purposes.

SB 10. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide that the members of the Commission to study pensions in certain counties may be elected after the time prescribed, and for other purposes.

SB 97. By Senators Walker of the 45th, Clemmons of the 42nd and Dean of the 34th:
A Bill to be entitled an Act to provide a contingent expense allowance for the Comptroller General, and for other purposes.

SB 100. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend an Act requiring the Tax Com-

MONDAY, FEBRUARY 23, 1953

799

missioner of Fulton County to receive tax returns for the City of Atlanta for certain property, and for other purposes.

SB 101. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide that participants must elect to qualify for retirement from posts on the Fulton County Civil, Criminal and Juvenile Courts, and for other purposes.

SB 111. By Senators Callaway of the 35th and Wilkes of the 53rd:
A Bill to be entitled an Act to amend an Act so as to provide a contingent expense allowance for the Attorney General, and for other purposes.

SB 129. By Senators Millican of the 52nd, Wilkes of the 53rd and others:
A Bill to be entitled an Act to provide a uniform method of fixing expense allowances for certain State officials, and for other purposes.

SB 136. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to authorize the President of the Board of Aldermen of the City of Atlanta to serve on standing committees, and for other purposes.

SB 137. By Senator Millican of the 52nd:
A Bill to be entitled an Act to' amend Title 36, Chapter 11, Code of Georgia so as to provide additional procedure for condemnation of property in certain cities and counties, and for other purposes.

SB 138. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to ratify the action of the City of Macon in vesting title to certain property in David W. Thornton, and for other purposes.

SB 139. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to increase the compensation of the members of the Personnel Board of the City of Atlanta, and for other purposes.

SB 140. By Senator Holt of the 54th:
A Bill to be entitled an Act to amend an Act creating the City Court of Baxley, and for other purposes.

SB 141. By Senator Singleton of the 24th:
A Bill to be entitled an Act to amend an Act so as to increase the compensation of the Tax Commissioner of Marion County, 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:

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JOURNAL OF THE HOUSE,

HR 166-612a. By Mr. Perkins of Carroll:
A Resolution authorizing the State Librarian to furnish certain law books to the Clerk of the Superior Court and Ordinary of Carroll County, and for other purposes.

The Report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 103, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 173-624d. By Mr. Lanier of Candler:
A Resolution authorizing the State Librarian to furnish certain law books to the Superior Court of Candler 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.

SR 32. By Senator Wilkes of the 53rd:
A Resolution authorizing the State Librarian to furnish certain law books to the Superior Court of Cook 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.
The resolution, having received the requisite constitutional majority, was adopted.
SB 72. By Senator Wilkes of the 53rd:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Tax Commissioner of Cook County, and for other purposes.

The following amendment was read and adopted:
Mr. Grimsley of Cook moves to amend SB 72 Section 6 by striking the entire section and inserting the following in lieu thereof: "The compensation of the Tax Commissioner of Cook County shall be a sum equal to (75%) of the fees and commissions and other compensation accruing to the Tax Receiver and Tax Collector of Cook County at the time this Act becomes effective or that might legally be allowed to such offices thereafter were it not for the provisions of this Act. The remainder of the fees shall be paid back into the County Treasurer. The Tax Commissioner shall be paid proportionately monthly as nearly as same can be estimated, until the same is changed by law, and from this sum

MONDAY, FEBRUARY 23, 1953

801

he shall pay all clerical hire and expense of the office except equipment, stationery and printing."

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 125. By Senator Hendrix of the 3rd:
A Bill to be entitled an Act to amend an Act creating the City Court of Ludowici, and for other purposes.

The report 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 78. 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 municipalities, and for other purposes.
The following Committee substitute was read:
The Committee on Municipal Government moves to amend SB 78 by striking said bill in its entirety and substituting the following in lieu thereof:
AN ACT TO AMEND AN ACT TO REGULATE PRIMARY ELECTIONS IN ALL MUNICIPALITIES IN THE STATE OF GEORGIA, BY PROVIDING HOW SUCH ELECTIONS SHALL BE CONDUCTED, THE RETURNS THREROF MADE, AND TO PROVIDE PENALTIES FOR VIOLATION THEREOF, AND PROVIDING THAT SAME SHALL APPLY ONLY TO CITIES OF 200,000 OR MORE, ACCORDING TO THE LAST OR ANY FUTURE FEDERAL DECENNIAL CENSUS; APPROVED MARCH 23, 1933 (GA. LAWS 1933, PP. 227-232), AND FOR OTHER PURPOSES, SO AS TO FIX THE DATE FOR PRIMARIES; TO PROVIDE THAT VOTING PRECINCTS SHALL REMAIN OPEN FROM 7:00 O'CLOCK, A. M. UNTIL 8:00 O'CLOCK, P. M. ON ELECTION DAYS; TO REPEAL CONFLICTING LAWS AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby enacted by authority of the same that the said Act, described in the caption hereof, be and the same is hereby amended as follows:
SECTION 1. By striking Section 18 of said Act, which reads as follows:
"Section 18. All primary elections held by any political party or organization shall be held not earlier than September 1st, and not later than October 31st, of any year."

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JOURNAL OF THE HOUSE,

and inserting in lieu thereof a new Section 18, as follows:
"Section 18. All primary elections held by any political party or organization shall be held on the second Wednesday in May preceding any general election provided by law for such cities. Any run-over primary that may be necessary shall be held on the fourth Wednesday in May."
SECTION 2. By adding to said act the following section:
"SECTION 18 (a). The polls at all voting precincts established by ordinance or law in any such city shall be open at 7:00 o'clock, A. M. and shall remain open for the receipt of votes until 8:00 o'clock, P. M. on each day when any primary election is held as provided by this Act."
SECTION 3. All laws and parts of laws in conflict herewith are hereby repealed.

The following Committee amendment to the Committee substitute was read and adopted:
The Committee on Municipal Government moves to amend SB 78 Substitute by adding a new section thereto to be appropriately numbered to read as follows:
Section---. The General Assembly of the State of Georgia hereby declares that the purpose of this Act is to fix the time of holding a primary sufficiently in advance of the time of the General election so as to incorporate into the election laws of the municipalities hereby affected the same voting l-ights for members of the Armed Services desiring to vote in municipal elections as are provided by laws in other State elections and all otherwise qualified members of the Armed Forces entitled to vote under the law relating to General State Elections, shall be entitled to vote in municipal elections in any city affected by this Act.

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

SB 131. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to create a new County Budget Law in certain counties, and for other purposes.

The following substitute, offered by Messrs. Lokey, M. Smith and H. Smith of Fulton, was read and adopted:

MONDAY, FEBRUARY 23, 1953

803

A BILL
TO BE ENTITLED
An Act to repeal an Act entitled "An Act to provide for a budget in all counties in this State having a population of two hundred thousand or more by the United States Census of 1930, or by any future census; to define the word 'Authorities' as used herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted .... and for other purposes" approved March 16, 1939, appearing in Georgia laws 1939 pp. 272-276, and all Acts amendatory thereto; to define the terms, 'Authorities' and 'Budget Officer' and 'Budget Commission' as used in this Act; to provide that this Act shall apply to all counties in this State having a population of 300,000 or more, according to the United States Census of 1950, or any future Federal census; to provide for the preparation of the budget by the Budget Commission and the content of said budget and the methods of arriving at the estimates; to prescribe methods of computing anticipated revenue; to provide priority of appropriations; to provide for publication and submission of the budget to the authorities; to require not less than one public hearing; to prescribe procedures whereby the authorities may revise, increase or decrease, items, etc.; to require publication and final adoption; to set forth the duties, powers and limitations of the same of the Authorities as to the budget and the responsibilities and liabilities of the Authorities with respect to the budget; to provide that salaries may not be increased after the adoption of the budget; 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. An Act entitled "An Act to provide for a budget in all counties in this State having a population of two hundred thousand or more by the United States Census of 1930, or by any future census; to define the word 'Authorities' as use herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted .... and for other purposes" approved March 16, 1939, appearing in Georgia Laws 1939 pp. 272-276, and all Acts amendatory thereto be and the same is hereby repealed.
SECTION 2. Definitions. These terms, when used in this Act, shall have the following definitions:
(a) "Authorities" shall mean any person, persons, or board having charge of the fiscal affairs of the county, the Board of County Commissioners of Roads and Revenues in counties to which the Act applies having that form of government, and shall mean the Ordinary in all other counties to which the Act applies.
(b) "Budget Officer" shall mean the County Manager in counties where such chief executive officer is provided by law; in other counties to which this Act applies "Budget Officer" shall refer to the person designated by the Authorities to act in such capacity.
(c) "Budget Commission" as provided in this Act shall mean the Chairman of the Board of County Commissioners of Roads and Revenues in counties to which the Act applies having that form of government, and shall mean the Ordinary in all other counties to which the

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JOURNAL OF THE HOUS~

Act applies, and the County Treasurer in counties to which the Act applies having a County Treasurer, and the Budget Officer as referred to in Section 2 (b) of this Act.
SECTION 3. This Act shall apply to all counties in this State having a population of three hundred thousand or more, according to the United States Census of 1950, or any future Federal census.
SECTION 4. The fiscal year of the County shall begin on the first day of January and continue through the thirty-first day of December. On the third Wednesday of November at a public meeting called for said purpose by the Authorities, the Budget Officer shall submit to the Authorities a budget certified by the Budget Commission containing the financial plan for the conduct of the affairs of the county for the ensuing fiscal year. The budget shall be accompanied by an explanatory message in detail and may include recommendations as to capital projects to be undertaken by the Authorities within the ensuing fiscal year and within the five succeeding years.
In the preparation of the budget, the Budget Commission through the Budget Officer or an officer designated by him shall, at such date as he shall determine, obtain from the head of each office, department or agency, estimates of revenue and expenditures of that office, department or agency, detailed by organization units and character and object of expenditure and such other supporting data as he may request; together with an estimate of all capital projects pending or which such department head believes should be undertaken (a) within the next fiscal year, and (b) within the five next succeeding years. The Budget Commission shall review the estimates, may hold hearings thereon and may revise the estimates, as they may deem advisable, and shall approve the budget, explanatory message, and recommendations before submission to the Authorities by the Budget Officer.
SECTION 5. The budget shall provide a complete financial plan for the ensuing fiscal year and shall include, but not be limited to, (a) detailed estimate of all anticipated revenue applicable to proposed expenditures, (b) proposed expenditures with enumeration of debt service requirements, appropriations required by statute and other purposes, and (c) comparative data on the last completed fiscal year and actual and estimated data for current fiscal year.
SECTION 6. The Budget Commission shall include in its anticipation for the next fiscal year a sum not to exceed the actual revenue collected by the county from all sources during the period from January 1st to November 1st of the current year and the estimated revenue for the remainder of the current year, provided that there may be added to such anticipation a sum equal to not more than eighty-five (85o/o) percent of all tax executions on real estate and fifty (50%) percent on tax executions on personal property not more than three years old and choses in action owned by the county and certified by the Tax Collector or Tax Commissioner of such county as the case may be, as being solvent and collectible. Actual revenue shall include income of a recurring nature but shall not include the proceeds from the sale of real estate or from insurance thereon, nor shall actual revenue include any surplus or unencumbered or unappropriated cash balances carried forward from one fiscal year to the next. However, in the preparation of the budget there shall be added to the anticipated revenues the amount anticipated as being available the next fiscal year

MONDAY, FEBRUARY 23, 1953

805

from surplus, unencumbered or unappropriated funds but when the actual amount of funds aforementioned is known, the budget shall be adjusted accordingly.
SECTION 7. The first appropriation shall provide funds sufficient to cover the debt service and cost of financing debt service in full, including interest and the sinking fund requirements of any outstanding indebtedness, which funds shall not be diverted to any other purpose. The limitation on the' Authorities of the amount to be appropriated for public works and other purposes defined in an Act relating to county road system in certain counties approved February 21, 1951, Georgia Laws 1951, page 765 et seq. shall continue in full force and effect. Provision shall be made for any appropriation required by law to a Hospital or other public agency or subdivision of government.
SECTION 8. A summary of the budget submitted by the Budget Officer shall be published on or before the last Wednesday in November in the newspaper in which the sheriff's advertisements appear. The budget as submitted and all supporting data shall be a public record open to inspection by anyone and shall be filed in the office of the clerk of the Authorities and in the office of the Budget Officer for such purpose. The Authorities shall consider the budget submitted as hereinbefore provided at the regular meeting the first Wednesday in December, which shall be a public meeting. Should the Authorities desire to propose changes, increase or decrease items of the budget, or otherwise revise the budget as submitted such proposals shall be announced and recorded at said meeting, provided, however, the total expenditures, including the changes, shall at no time exceed the total of the anticipated revenue as certified by the Budget Commission to the Authorities.
SECTION 9. The budget shall be finally adopted by the Authorities, at, or before the adjournment of, their regular meeting for the month of January, which shall be a public meeting, and upon adoption it shall relate back to the first of the year and shall cover the full fiscal year. Within one week after the adoption of the budget a summary thereof shall be published as hereinbefore provided for the publication of the summary of the budget. A copy of the budget as finally adopted shall be certified by the Budget Commission and shall be filed in the office of the Clerk of the Authorities and in the office of the Budget Officer. The budget so certified shall be printed, mimeographed or otherwise reproduced and sufficient copies thereof shall be made available for the use of all officers, department and agency heads, and for the use of the public.
SECTION 10. In the event of a change in the personnel of the Authorities between the December meeting referred to in Section 8, and the January meeting referred to in Section 9, a public meeting of the Authorities may be called in January prior to the regular January meeting, at which called meeting the proposed budget may be considered and revised in all respects as fully as it could at said December meeting.
SECTION 11. The budget so adopted shall not be changed or altered during the fiscal year and the Authorities may not vary the titles, descriptions or conditions of administration specified in the budget, except in the manner provided hereinafter. Any proposal to insert any additional item, increase or decrease any item or appropria-

806

JOURNAL OF THE HOUSE,

tion, transfer any item or to revise the budget in any particular shall be made only at a regular meeting of the Authorities and shall not be adopted until the next succeeding meeting of the Authorities. No such revisions or changes in the budget as herein provided shall be made during the last two months of the fiscal year, except in case of emergency. Before any revision or change in the budget shall be made during the last two months of the fiscal year, the Authorities shall first determine that an emergency exists and advertise such determination of emergency in the newspaper in which sheriff's advertisements appear, together with an explanation of the facts constituting the emergency, and a notice of a public meeting of the authorities to consider such proposed revision or change in the budget. Such public meeting shall be held not less than 48 hours after publication of the notice. No such budget revision or change shall be made except at a public meeting of the Authorities. The Authorities shall have no authority to transfer funds set aside for debt service or for the payment of outstanding obligations to any other purpose until all such obligations are paid. Should the anticipated income of the county be either increased or decreased by law or by a change in the tax rate or in the assessed value of property subject to taxation, the Budget Commission shall within a period of ten (10) days certify to the Authorities the amount of the new budget for the balance of the fiscal year and such Authorities, upon certification by the Budget Commission, shall adjust the budget accordingly. However, should any property of the county be damaged or destroyed by fire, windstorm or other casualty, the Authorities may appropriate at any time for the restoration of such property any amount realized from insurance thereon, but any additional appropriations shall comply with the formalities herein provided.
SECTION 12. This Act shall not affect the expenditure of any monies derived from bonds that are issued and sold by the Authorities in accordance with the laws of the State of Georgia, nor does it prohibit the appropriation of funds for the support of a Hospital Authority as provided by law or any other appropriation provided by law. Nothing herein shall be construed to restrain or limit the Authorities in the amount of taxes that may be levied by them which are otherwise authorized by law.
SECTION 13. From and after the effective date of this Act, any warrants issued or indebtedness incurred by the Authorities in excess of the appropriations provided in the budget shall be absolutely void as obligations of the county but shall constitute a personal liability upon each member of the Authorities individually and may be collected from said Authorities by the holder or holders of any such warrant or obligation.
SECTION 14. At least two weeks prior to the approval by the Authorities of a cash expenditure for materials or an independent contract for services for any permanent improvement on public works, or the purchase or sale of real property for any purpose, except the acquisition of real property through condemnation proceedings or through the use of bond funds for projects financed through bond funds, the estimated expenditure for such purposes being in excess of $5,000.00, a description of such project and the estimated cost for such purposes, shall be published one time by advertisement in a newspaper in the county in which the sheriff's advertisements are published.

MONDAY, FEBRUARY 23, 1953

807

SECTION 15. The budget prepared in accordance with this Act shall fix the salaries and expenses of all officers and employees of the County, which shall not be increased by the Authorities after the adoption of the budget in January, as provided in Section 9 of this Act. Provided, however, this shall not apply to salaries fixed by law.
SECTION 16. Be it further enacted that each and every phrase, clause and part of this Act is separately enacted, and should any part or section of this Act be held invalid for any reason, it is hereby declared the intent and purpose of the General Assembly that the remaining valid portions of this Act shall remain in full force and effect.
SECTION 17. This Act shall become effective November 1, 1953.
SECTION 18. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time, and referred to the Committees:

SB 84. By Senator Hall of the 15th:
A Bill to be entitled an Act to amend an Act relating to the title necessary to maintain an action for trespass as to land, etc., and for other purposes.
Referred to the Committee on Special Judiciary.

SB 85. By Senator Hall of the 15th:
A Bill to be entitled an Act to amend an Act relating to the basis of title upon which a plaintiff in ejectment must recover, etc., and for other purposes.
Referred to the Committee on Special Judiciary.

SB 128. By Senator Adams of the 12th:
A Bill to be entitled an Act to amend the Act of the General Assembly entitled "Public Safety Department", and for other purposes.
Referred to the Committee on State of Republic.

SB 133. By Senator Jordan of the 25th:
A Bill to be entitled an Act to amend an Act relating to fees of surveyors and for other purposes.
Referred to the Committee on Special Judiciary.

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JOURNAL OF THE HOUSE,

SB 134. By Senator Hall of the 9th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Certificate Law" as amended, by adding to Section 2 thereof a provision that said Act shall apply to a transit system, and for other purposes.
Referred to the Committee on State of Republic.

SB 142. By Senator Redwine of the 26th:
A Bill to be entitled an Act to amend an Act pertaining to commissions to examine persons for whom guardianship for commitment to the Milledgeville State Hospital is sought, etc., and for other purposes.
Referred to the Committee on General Judiciary # 1.

SB 147. By Senators Crummey of the 48th, Blitch of the 5th and Adams of the 12th:
A Bill to be entitled an Act creating the Bill Drafting Unit, so as to make .changes in the provisions relating to the Deputy Director, and for other purposes.
Referred to the Committee on State of Republic.

SB 148. By Senator Redwine of the 26th:
A Bill to be entitled an Act to amend the Act entitled "An Act to amend the chartE~,r of the City of Fayetteville, and for other purposes.
Referred to the Committee on Municipal Government.

SR 17. By Senator Callaway of the 35th:
A Resolution authorizing payment to Mrs. Nina Barnes Belcher for medical expenses and property damage, and for other purposes.
Referred to the Committee on Special Appropriations.

SR 29. By Senator Adams of the 12th:
A Resolution authorizing the State Highway Department to pay Emory R. Kent the sum of $1,000.00 as damages to his automobile, and for other purposes.
Referred to the Committee on Special Appropriations.

SB 57. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the "Voters Registration Act," so as to reduce the periods specified in said Act from six months to forty-five days before the date of the election, and for other purposes.
Referred to the Committee on State of Republic.

SB 127. By Senator Adams of the 12th: A Bill to be entitled an Act to amend an Act entitled "An Act to provide

MONDAY, FEBRUARY 23, 1953

809

for the giving of Security by Owners and Operators of Motor Vehicles", and for other purposes.
Referred to the Committee on Motor Vehicles.

SR 23. By Senator Carlisle of the 51st:
A Resolution proposing an amendment to the Constitution authorizing taxation for the purpose of paying pensions to firemen, and for other purposes.
Referred to the Committee on Amendments to the Constitution # 1.

SR 27. By Senator Millican of the 52nd:
A Resolution to amend the constitution to provide that governing authorities of Fulton County shall have right to furnish labor and equipment for road work and other public work in certain counties, and for other purposes.
Referred to the Committee on Municipal Government.

SR 34. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution so as to authorize the people of the City of Atlanta to amend the Charter of said City, and for other purposes.
Referred to the Committee on Municipal Government.

SR 40. By Senators Callaway of the 35th and Cheek of the 23rd:
A Resolution renaming the road now known as the Loganville-Bold Springs-Winder Road to Charles S. Floyd Road, and for other purposes.
Referred to the Committee on Historical Research.

By unanimous consent, the following Bills of the Senate were withdrawn from the Committee on Counties and County Matters, read the second time, and recommitted:

SB 113. By Senators Kenney of the 47th and Shepherd of the lOth:
A Bill to be entitled an Act to amend an Act which fixed the salary for county officers in certain counties so as to except Dougherty County, and for other purposes.

SB 79. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act creating a joint city-county board of tax assessors in certain counties, and for other purposes.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on State of the Republic, read the second time, and recommitted:
SB 132. By Senator Millican of the 52nd: A Bill to be entitled an Act to provide that the Secretary of State

810

JOURNAL OF THE HOUSE,

shall be the Commissioner of Securities of this State, and for other purposes.

By unanimous consent, the following Bill and Resolutions of the Senate were withdrawn from the Committee on Ways and Means, read the second time, and recommitted:

SB 135. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act levying taxes on certain classes of intangible personal property, and for other purposes.

SR 13. By Senator Callaway of the 35th:
A Resolution making application to the Congress of the United States for the calling of a convention to propose an Amendment to the Constitution of the United States, and for other purposes.

SR 38. By Senator Wilkes of the 53rd:
A Resolution creating a Committee to study to what extent sales and use taxes should apply to industrial materials, and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 507. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Cobb County, and for other purposes.
The following Senate amendment was read:
COMMITTEE AMENDMENT TO HB 507 (Offered by Senator Coker of the 39th District)
Strike Section 1 of said Bill in its entirety and insert in lieu thereof a new Section 1 to read as follows:
"Section 1. An Act entitled 'An Act to create a Commissioner of Roads and Revenues for Cobb County, Georgia; to provide for the election of the same; To define his powers and duties; to fix his compensation, and for other purposes.', approved August 7, 1924 (Ga. Laws 1924, p. 314), as amended, is hereby amended by striking the provisions of Section 12, relating to the employment of certain persons, bids for supplies, and procedure connected therewith, and inserting in lieu thereof a new section 12 to read as follows:
"Section 12. Be it further enacted that it shall be unlawful for said commissioner, the ordinary or the clerk, or either of them to have any financial interest in the sale or purchase of any article to or from the county, or to receive any rebate, expense account, transportation or other valuable consideration in connection with or through the purchase of any equipment, material or supplies for the county, or the awarding of any contract; and if

MONDAY, FEBRUARY 23, 1953

811

either of the said parties shall violate any of the provisions of this section, he shall be quilty of a misdemeanor, and upon conviction shall be punished as prescribed in Section 1065 of the Penal Code of Georgia, and shall forfeit his office, and such conviction shall create a vacancy in the office he holds."

Mr. Willingham of Cobb moved that the House agree to the Senate amendment.
\
On the motion to agree, the ayes were 111, nays 0.
The Senate amendment to HB 507 was agreed to.
Under the regular order of business, the following Resolutions of the House were taken up for consideration, and read the third time:

HR 8-42b. By Mr. Greene of Crisp:
A Resolution compensating the Strickland Motor Company, and for other purposes.

The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 106, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
HR 85-289a. By Messrs. Bentley of Cobb, Floyd of Chattooga and others:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article III, Section IV, Paragraphs I and III of the Constitution of Georgia, relating to the term of office and the meetings of the General Assembly, so as to provide for the time of the convening of the General Assembly; to provide that the General Assembly shall meet in annual sessions not to exceed forty days; to provide for the submission of this proposed amendment to the voters for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.
Article III, Section IV, Paragraphs I and III of the Constitution of Georgia, relating to the term of office and the meetings of the General Assembly, be hereby amended by striking said paragraphs in their entirety and inserting in lieu thereof new Paragraph I and III to read as follows:
"Paragraph I. The members of the Geeneral Assembly shall be elected for two years and shall serve until the time fixed by law for the convening of the General Assembly in the year following the seconcl year of such term of office."

812

JOURNAL OF THE HOUSE,

"Paragraph III. The General Assembly shall meet in regular session on the second Monday in January, 1955, and annually thereafter on the same day until the date shall be changed by law. By concurrent resolution adopted by a majority of members elected to both Houses, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than forty (40) days, in the aggregate, in each year during the term for which the members were elected. All business pending in the Senate or House at the adjournment of any regular session may be considered at any later regular session held in the same year as if there had been no adjournment, Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and the House of Representatives, as provided in Article V, Section I, Paragraph XII of this Constitution. If an impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed."

SECTION 2.
When 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 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 III, Section IV, Paragraphs I and III of the Constitution so as to provide for annual sessions of the General Assembly not to exceed forty (40) days."
All persons opposing the adoption of said amendment shall have written or printed on the ballot the following:
"For ratification of amendment to Article III, Section IV, Paragraphs I and III of the Constitution so as to provide for annual sessions of the General Assembly not to exceed forty (40) days."
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 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.

MONDAY, FEBRUARY 23, 1953

813

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

T~ose voting in the affirmative were Messrs.:

Abney of Catoosa Adams of Evans Adams of Upson Alexander Barber of Jackson Barrett Baughman Bentley Birdsong Black Blackburn
Bloodworth Bodenhamer Boggus Brannen Brantley Bray
Brazeal Britton Brown
Buie Campbell of Oconee Campbell of Walker Carswell Carter Clary Cloud Coffin Coker Conger Connell Coogle Cornelius Cowart Deal Dean of Towns Deen of Bacon Denton Dews Drinkard Duncan Durham Edenfield Floyd Foster
Fowler Freeman Frier
Gardner Garrard Geer Gilder

Gillis Goodson Gowen Graham Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter
Haar Hale Hall Hamilton Harrell Harris
Harrison of Jenkins Harrison of Wayne Hayes
Henderson Hicks Hodges Hollis Holloway Holton Hopkins Huddleston Hughes Hurst Ingle Ivey Jackson Jones of Lumpkin Jordan of Gwinnett Kemp Key Land Lanier Lavender Lewis Lifsey Lokey McCracken McKenna
McWhorter Martin Matheson
Matthews Mauldin Mincy Mishoe

Moate

Mobley

Moore of Pickens

Moore of White

Moye

Murphey of Crawford

Murphy of Haralson

Musgrove

Nelson

Otwell

Parker

Perkins

Potts

Raulerson

Ray

Register

Rowland

Russell

Rutland

Sheffield

Short

Sivell

Smiley

Smith of Cobb

Smith of Emanuel

Hoke Smith of Fulton

M. M. Smith of Fulton

Stephens of Clarke

Swindle Tamplin



Tarbutton

Tarpley

Terrell

Todd

Trapnell

Tumlin

Turk

Turner

Twitty

Upshaw

Ursrey

Walker

Wardlow

Watson

Weems

Wiggins

Wilkinson

Williams of Franklin

Willingham

Willis

Wooten

Young

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JOURNAL OF THE HOUSE,,

Those voting in the negative were Messrs.:

Edwards

Layton

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

On the adoption of the resolution, the ayes were 156, nays 2.

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

Mr. Green of Baldwin requested that the Journal show him as having voted for the adoption of HR 85-289a.

Under the regular order of business, the following bill of the House was again taken up for consideration:

HB 381. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Sections 42-205 and 42-209 of the Code of Georgia so as to provide for the issuance of permits authorizing a report in lieu of tax stamps on feedstuffs, and for other purposes.
The following amendments to HB 381 were read and adopted:
Mr. Conger of Decatur moves to amend HB 381, Section 2, paragraph (b) by adding the words "authority to" immediately after the word "grant" in line 9 of page 2 of said bill.
Committee on General Agriculture No. 1 moves to amend House Bill No. 381 by striking from the last paragraph of the matter quoted as Section 42-209 in Section 2, the following:
"In the event any person or organization to whom a permit
is granted has on hand inspection tax stamps, such stamps may be turned in to the Commissioner with the reports in lieu of cash until the stamps on hand are used up.",
so that said last paragraph, when so amended, shall read as follows:
"In the event any such permit is granted, the number thereof must be shown on the analysis tag or on the container. No holder of a permit shall be allowed to use the tax stamp method at any time such permit is valid. All holders of such permits must report all shipments of feed and feeding stuffs, including those not subject to an inspection tax."

An amendment offered by Mr. Conger of Decatur 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 ayes were 112, nays 0.
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 House were taken up for consideration, and read the third time:

MONDAY, FEBRUARY 23, 1953

815

HB 564. By Messrs. McGee and Haar of Chatham:
A Bill to be entitled an Act amended an Act known as the Hospital 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 622. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend Section 32-904 of the Code of Georgia so as to increase the compensation of the members of the County Boards of Education, and for other purposes.
The following amendment was read and adopted:
Mr. Lanier of Candler moves to amend HB 622 by adding to the caption immediately after the word "Compensation" in the third line the words: "in all counties of this state having a population of not more than 8300 and not less than 8000 by the last census" and by striking Section 1 and inserting a new section to be known as Section 1 and to read as follows: "Section 1. Section 32-904 of the Code of Georgia, relating to the compensation of the members of the County Boards of Education, is hereby amended so that in all counties having a population by the last census of not more than 8300 and not less than 8000, the compensation of the members of the boards of education in all such counties shall be $10 per diem for each day's actual service to be paid out of the school fund appropriated to the county, rather than $2.00 as heretofore provided."

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 5.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 270. By Mr. Murr of Sumter:
A Bill to be entitled an Act to permit the use of baskets in taking rough fish in the waters 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 109, nays 2.
The bill, having received the requisite constitutional majority, was passed.
HB 435. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act so as to include the firemen and policemen under the Workmen's Compensation Act, and for other purposes.

816

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To be entitled an Act to amend Section 114-101 of the Code of Georgia, as amended, relating to the definition of "Employer" and "Employee" under the Workmen's Compensation Law, so as to include firemen and policemen in their term "Employee"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.
Section 114-101 of the Code of Georgia, as amended, relating to the definition of "Employer" and "Employee" under the Workmen's Compensation Law, is hereby amended by adding at the end of the paragraph defining the term "Employee" the following:
"All firemen and policemen whose compensation is paid by the State or any county or municipality, regardless of the method of appointment or employment, are hereby specifically included herein",
so that said paragraph as so amended shall read as follows:
" 'Employee' shall include every person in the service of another under any contract of hire or apprenticeship, written or implied, except one whose employment is not in the usual course of the trade, business, occupation or profession of the employer and, except as hereinafter provided, minors are included even though working in violation of any child labor law or other similar statute: Provided, that nothing herein contained shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, when the employee is dead, include also his legal representatives, dependents and other persons to whom compensation may be payable, pursuant to the provisions of this law. All firemen and policemen whose compensation is paid by the State or any county or municipality, regardless of the method of appointment or employment, are hereby specifically included herein."

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.

HB 549. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act so as to provide that the Courts of Ordinary shall have no jurisdiction over any offense involv-

MONDAY, FEBRUARY 23, 1953

817

ing the unlawful use of intoxicating beverages and 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 105, nays 8.
The bill, having received the requisite constitutional majority, was passed.

HB 177. By Messrs. McKenna, Harris and Groover of Bibb:
A Bill to be entitled an Act to amend an Act providing for the attendance of witnesses in court and for their compensation, and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To be entitled an Act to amend Section 38-1501 of the Code of Georgia, relating to the attendance of witnesses and the fees therefor, as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1365), so as to provide that such section shall be applicable to every county in the State; to change the officers entitled to such fee; to change the payment in certain instances; to change the provisjons relating to the payment of such fees ;to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION 1.
Section 38-1501 of the Code of Georgia, relating to the attendance of witnesses and the fees therefor, as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1365), is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 38-1501 to read as follows:
"When the attendance of any person resident in the county shall be required as a witness in any court, the clerk of such court (or, if there be no clerk, the presiding judge or justice) shall, on application, issue a writ of subpoena, directed to such person, requiring him to appear and testify in the case stated, and at the time stated. Such subpoena shall be served on the witness personally, by any person capable of proving the same, at least one day before the trial of the cause. The witness so summoned shall attend the court from term to term until the case is tried. if there be an appeal or new trial, notice of the fact, without a new subpoena, shall be sufficient to require the attendance of the witness. The witness fee shall be 75 cents per diem.
"Any Deputy Sheriff or member of the municipal or county police force, who shall be required by writ of subpoena to attend any Superior Court or other court having jurisdiction to enforce the penal laws of this State, or any grand jury, as a witness in behalf of the State during any hours except the regular duty hours to which such officer is assigned, shall be paid the sum of Three ($3.00) Dollars per day for such attend-

818

JOURNAL OF THE HOUSE,

ance. The claim for such witness fees shall be endorsed on the subpoena and shall show the dates of attendance and shall state that such attendance was required during the hours other than the regular duty hours to which such officer was assigned, and such officer shall verify this statement. The dates of attendance shall be certified by the Solicitor-general or by the solicitor of the court attended. No officer may claim or receive more than one witness fee per day for attendance in any court, or before the grand jury, regardless of the number of subpoenas which such officer may have received requiring him to appear in such court, or before the grand jury, in any one day. The amount due to such officers shall be paid from the insolvent cost fund of the officers of the county in which the court or grand jury involved is located, except that if the officers in such county are paid on a salary basis rather than a fee basis, the amount shall be paid from county funds."

SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. McKenna of Bibb moved that HB 177 be tabled.
The motion to table was withdrawn.
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 91, nays 23.
The bill, having failed to receive the requisite constitutional majority, was lost.
Mr. McKenna of Bibb gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 177.
HB 614. By Messrs. Lavender of Elbert, Best of Clay and others:
A Bill to be entitled an Act to provide for maintenance free of charge to residents of Georgia at the Milledgeville State 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 376. By Messrs. Lanier of Candler, Swindle of Berrien and others:
A Bill to be entitled an Act to amend an Act known as the Agricultural Commodities Authority Act, and for other purposes.

Mr. Tumlin of Bartow moved that HB 376 be tabled. On the motion to table, the ayes were 70, nays 36. The motion to table prevailed.

MONDAY, FEBRUARY 23, 1953

819

HR 123-398b. By Messrs. Ayers of Madison and Lavender of Elbert:
A Resolution compensating Mr. C. A. Burris for damages, and for other purposes.

The report of the Committee, which wasfavorable to the adoption of the re-

solution, 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 59-255c. By Messrs. Strickland of Brantley and Deen of Bacon:
A Resolution compensating Mr. B. T. Raulerson for damages, 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 60-255d. By Messrs. Strickland of Brantley and Deen of Bacon:
A Resolution compensating Mr. Albert Thomas for damages, 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 160-578b. By Mr. Rutland of DeKalb: A Resolution compensating Mr. B. M. Boyd for damages, 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 74-262n. By Mr. Adams of Upson: A Resolution compensating Mrs. Laura M. Walker and Mr. H. E. Hartsfield for damages, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.

820

JOURNAL OF THE HOUSE,

On the adoption of the resolution, the ayes were 104, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.

HR 87-289c. By Mr. Harrison of Wayne:
A Resolution compensating Mr. Donald R. Waters for damages, 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 57-255a. By Messrs. Gunter and Terrell of Hall:
A Resolution compensating the White Music Company for damages, 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.
By unanimous consent, all House Bills and Resolutions passed this morning were ordered immediately transmitted to the Senate.
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.

AFTERNOON SESSION
The Speaker called the House to order.
The following communication was read:
Honorable Fred Hand Speaker of the House of Representatives State Capitol Atlanta, Georgia
Dear Fred:
I am returning the following Bills, without my approval:
House Bill No. 344 House Bill No. 345 House Bill No. 346 House Bill No. 348 House Bill No. 350

MONDAY, FEBRUARY 23, 1953

821

These Bills were vetoed at the request of the author. Sincerely yours, Herman Talmadge
Under the regular order of business, the following Bills and Resolution of the Senate were taken up for consideration, and read the third time:
SB 62. By Senator Millican of the 52nd: A Bill to be entitled an Act creating 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 ~ill, the ayes were 109, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 118. By Senator Edenfield of the 4th:
A Bill to be entitled an Act to require all foreign trustees as to lands in this State to designate an agent for service of summons, and for other purposes.

The following Committee amendment was read and adopted:
The Committee moves to amend SB No. 118 by striking from Section 4 the words "Chapter 108-3" and substituting in lieu thereof the words "Title 108", and by inserting in said section the word "applicable" between the word "the" and the word "provision" in line four.
The Committee further moves to amend Section 5 of said bill line 4 by striking the word "case" and inserting in lieu thereof the word "care".
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 74. By Senators Wilkes of the 53rd and Moorman of the 16th:
A Bill to be entitled an Act to authorize county officers charged with enforcing traffic laws to accept cash 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 126, nays 0. The bill, having received the requisite constitutional majority, was passed.

822

JOURNAL OF THE HOUSE,

SB 86. By Senators Stoddard of the 50th and Carlisle of the 51st:
A Bill to be entitled an Act to amend an Act establishing a teachers' retirement system for the State so as to provide for reinstatement of membership upon payment of a certain sum, and for other purposes.

The following amendment was read and adopted:
Mr. Perkins of Carroll moves to amend SB 86 by adding to Section 1 Paragraph 2 at the end of the first sentence of Paragraph 2 the following words:
or within 6 months after the passage of this act.
So that Paragraph 2 shall read as follows:
"If any member has a break in service of two years, such member may be reinstated to membership if he shall pay a sum equal to twelve and one-half (12%) percent of his salary forhis last year of service for each year, or fraction of a year, after such two year break in service, if the total break in service does not exceed four years, and provided such sum is paid within six months after the return to service of such member or within 6 months after the passage of this Act. All interest credits shall cease after such break in service of two years, but shall begin again on the date of the payment of the sum provided for above.", So that said Paragraph (4) of Section 3 when so amended shall read as follows:
"The membership of any member shall terminate if he dies, retires under this retirement system, or withdraws his contributions, or if in a period of 3 consecutive years after becoming a member he renders less than one year of service, or if after he becomes a member he is employed by an employer operating a local retirement fund. If any member has a break in service of two years, such member may be reinstated to membership if he shall pay a sum equal to twelve and one-half (12%) percent of his salary for his last year of service for each year, or fraction of a year, after such two-year break in service, if the total break in service does not exceed four years, and provided such sum is paid within six months after the return to service of such member, or within 6 months after passage of this Act. All interest credits shall cease after such break in service of two years, but shall begin again on the date of the payment of the sum provided for above. Notwithstanding the foregoing, the board of trustees may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States approved in advance by the Board of Trustees, or if he ceases to be a member by reason of illness preventing him from rendering service for as much as one year in a period of three consecutive years, or if the failure of such teacher to render service for the required time is due to absence on maternity leave. The membership of any teacher shall not be terminated during any period of absence made necessary by the adoption of a child or children by said teacher. All members whose membership prior hereto has terminated due to such cause are hereby declared to be reinstated and entitled to all the prior service credits and other rights as though this Act were in effect at the date of such withdrawal from service. No benefit under the retirement system other than the payment of the contributions of such a teacher wLh allowable interest credits shall become payable to him or on his account while he is not in service as a teacher

MONDAY, FEBRUARY 23, 1953

823

and no contribution, shall be made to this system by the State or other employer by reason of his service during any such time, except as herein
otherwise provided. 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 112, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 49. By Senator Edenfield of the 4th:
A Bill to be entitled an Act to amend an Act creating the State Hospital 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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 76. By Senator Lord of the 20th:
A Bill to be entitled an Act to prohibit livestock from running at large on the public highways, and for other purposes.

The following Committee amendment was read:
The House Committee on General Agriculture No. 2 moves to amend Senate Bill No. 76 as follows:
By inserting at the end thereof a new section to be known as Section 19 which shall read as follows:
"Section 19. In every county of this State not presently having special laws or general laws of local application requiring the confinement and restraint of livestock, there shall be held an election on the first Wednesday of July of this year at which election the question of adopting the provisions of this Act shall be put to persons qualified to vote in said county for members of the General Assembly. It shall be the duty of the Ordinary of each such county to issue a call for such election and to cause notice of the date and purpose of such election to be published once a week for two weeks prior to the date thereof in the official organ of such county. The ballot shall have printed thereon the words:
'For adoption in---County of the Act prohibiting livestock from running at large or straying upon public roads' and
'Against adoption in--- County of the Act prohibiting livestock from running at large or straying upon public roads.'
"Those persons voting in favor of the adoption of this Act shall vote for adoption, and those voting for rejection of this Act shall vote against adoption. If a majority of those persons voting in such election

824

JOURNAL OF THE HOUSE,

vote for adoption of this Act, then it shall become of full force and effect in such county. If a majority of those persons voting at such election vote against the adoption of this Act, this Act shall not become effective in such county, and the question shall be put at the next succeeding general election in like manner, and at each succeeding general election in such county until a majority of the persons voting thereon shall vote for adoption of this Act at which time the same shall become of full force and effect in such county. It shall be the duty of the Ordinary to canvass the returns and certify the results of the election, and it shall be his further duty to certify the results thereof to the Secretary of State."
On the adoption of the committee amendment, the ayes were 102, nays 18.
The Committee amendment was adopted.
An amendment offered by Mr. Groover of Bibb was ruled out of order.
The following amendments were read and adopted:
Mr. Bell of Richmond moves to amend SB 76 by striking Section 16 in its entirety.
Mr. Nightingale of Glynn moves to amend SB 76 by striking the word "no" in the first sentence of Section 10 thereof and inserting in lieu thereof the word "impounded", and by inserting the word "or" in the first line of Section 12 after the word "intentionally' and before the word "knowingly".

The report of the Committee, which was favorable to the passage of the bill, was amended, 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.

SB 80. By Senators Callaway of the 35th, Brown of the 40th and others:
A Bill to be entitled an Act to create the Livestock Development Authority, and for other purposes.

The following Committee amendment was read and adopted:
House Committee on General Agriculture # 1 moves to amend
Senate Bill No. 80 by:
Striking the words "and which plan shall be approved by the County Agricultural Extension Agent for the county in which the farm is located.", in Section 3 (e), and inserting in lieu thereof the following: "and which plan shall be approved by a Board consisting of the County Agricultural Extension Agent and the Senior Vocational Agriculture teacher for the county in which the farm is located. If there is neither an Agricultural Extension Agent or a Senior Vocational Agriculture teacher, or both, the County Commissioners shall fill the vacancy or vacancies on said Board. Should there be no County Commissioners, the grand jury shall fill said vacancy or vacancies. The term of persons appointed to said Board shall be three years."
and by:

MONDAY, FEBRUARY 23, 1953

825

Amending Section 6 by striking the words "County Agent" wherever they appear in said section, and inserting in lieu thereof the word "Board".
and by:
Amending Section 7 by striking the words "County Agent" and inserting in lieu thereof the word "Board".

The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 108, nays 2.
The bill, having received the requisite constitutional majority, was passed, as amended.

SR 11. By Senator Jordan of the 25th:
A Resolution authorizing the swapping of certain lands in Harris County for State Park purposes, 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.

SB 89. By Senator Hawes of the 29th:
A Bill to be entitled an Act to amend an Act so as to 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 111, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 63. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend an Act prescribing a right to redeem property sold under any execution for taxes, and for other purposes.
By unanimous consent, further consideration of SB 63 was postponed until Tuesday, February 24, 1953, immediately following the period of unanimous consents.
The following Resolutions of the House and Senate were read and adopted:
HR 197. By Mr. Hand of Mitchell:
A RESOLUTION Expressing thanks to the members of the State Highway Board and

826

JOURNAL OF THE HOUSE,

Ward Matthews, Jr. for courtesies extended the members of the House.
WHEREAS, the members of the State Highway Board and Ward Matthews, Jr., Personnel Administrator and Compensation Attorney for the State Highway Department, have rendered invaluable aid to the members of the House of Representatives during the present session of the General Assembly; and
WHEREAS, Ward Matthews, Jr. has been particularly helpful in furnishing stenographic and clerical help to the members of the House and has rendered excellent service in every instance when called upon by any member of the House;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that this body express its thanks to the members of the State Highway Board, Ward Matthews, Jr., and his able staff for the courteous treatment accorded the members of this House, and that they be commended for their excellent service in behalf of the members of this body.
BE IT FURTHER RESOLVED that the Clerk of the House transmit a copy of this Resolution to each member of the State Highway Board and to Ward Matthews, Jr.

HR 198. By Mr. Matthews of Clarke:

A RESOLUTION
WHEREAS, it is advantageous that the University System of Georgia be improved and developed to the fullest extend.
THEREFORE, be it resolved by the House of Representatives that the Chairman of the University System of Georgia Committee appoint a sub-committee of five members to be approved by the Speaker to make such investigation as deemed advisable during the interim between sessions of the General Assembly to promote the welfare of the University System of Georgia.

HR 199. By Mr. Chastain of Thomas:
A RESOLUTION
BE IT RESOLVED, by the House of Representatives, that the Georgia State Sanitarium Committee be authorized to visit the Milledgeville State Hospital in the interim between this Sj:lssion and the next Session of the General Assembly, said visitation not to exceed a maximum of four (4) days for said Committee.
BE IT FURTHER RESOLVED, that the members of said Committee shall receive the same per diem and travel expenses for their services, as while attending sessions of the House.

HR 200. By Mr. Murr of Sumter:

A RESOLUTION Expressing appreciation to the State Law Department and to the

MONDAY, FEBRUARY 23, 1953

827

Atlanta Division, University of Georgia for providing the members of the General Assembly with the LEGISLATIVE SERVICE.
WHEREAS, the LEGISLATIVE SERVICE has been of great value to the members of the General Assembly in helping to keep the members informed as to the nature and status of Bills and Resolutions; and
WHEREAS, the LEGISLATIVE SERVICE has been provided as a public service by the State Law Department and the Atlanta Division of the University of Georgia; and
WHEREAS, the major portion of the expense of this service has been paid out of funds of the Atlanta Division, University of Georgia supplemented by the Law Department, and
WHEREAS, the legislative Service has been edited by Dr. Henry C. Pepper, Chairman of the Division of Public Administration of the Atlanta Division, University of Georgia; and produced under his direction;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that this House go on record as expressing its appreciation for this Service; and
BE IT FURTHER RESOLVED that this House recommend the continuation of this service and that full cooperation be given in the production of the LEGISLATIVE SERVICE, and
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Honorable Eugene Cook, the Attorney General, to Dr. George M. Sparks, Director of the Atlanta Division, University of Georgia, and to Dr. Henry C. Pepper.

SR 43. By Senator Millican of the 52nd:
A Resolution memorializing the Congress of the United States to correct and restrain the unwarranted and unintended extension of Federal authority in the field of utility regulation, and for other purposes.

The following communication was read:
Honorable Fred Hand Speaker of the House of Representatives State Capitol Atlanta, Georgia
Dear Fred:
I am returning House Bill No. 94, without my approval.
When this Bill was presented to me, there were certain provisions of the Bill that appeared to be unconstitutional so I submitted the same to the Attorney General, who has given me his opinion, in which he states that there are two sections of the Bill that are clearly in violation of the Constitution of the State of Georgia.
The Bill, on its face, sets forth that it applies to all counties containing cities that have a population of over 30,000, according to the United States Census of 1950, or any future census. However, it then excepts all those counties which have already provided for precinct voting. By reason of this clause, excepting certain counties which would otherwise have fallen within those counties having

828

JOURNAL OF THE HOUSE,

a city of a population of more than 30,000, it is a violation of that section of the Constitution which reads:
"Laws of a general nature shall have uniform operation throughout the State and no special laws shall be enacted in any case for which provision has been made by an existing general law."
I also call attention to the fact that this Bill makes provision for the designation of voting precincts, which is a violation of the Constitution, which provides-
"The General Assembly shall have no power to make or change election precincts . . but it shall prescribe by law the manner in which such powers shall be exercised by the courts...."
Sincerely yours,
Herman E. Talmadge February 23, 1953
Honorable Herman E. Talmadge Governor of Georgia State Capitol Atlanta, Georgia
Dear Governor:
You requested me to give you my opinion as to the constitutionality of House Bill No. 94. The title to this bill is comprehensive enough to appraise you of its objective. Therefore, I shall confine my remarks to the question of its constitutionality.
Section 1 provides that:
"This Act shall become effective, upon the recommendation of one grand jury and on joint resolution of the governing authorities of such municipalities and of such counties, in all counties of this State containing a city having a population of more than 30,000, according to the United States Census of 1950, or any future census. This Act shall not apply in counties for which provisions for precinct voting has already been made by laws of the State of Georgia which provide for precinct voting in counties of designated population.
This section seeks to make the bill general in its application as to all counties containing cities having a population of more than 30,000 according to the United States Census of 1950 or any future census. However, it must be noted that in the same section there is an exception for counties containing cities having a population of more than 30,000, etc. which have made provisions for voting in precincts. Fulton County, by reason of its own laws, comes within the exception to which this clause refers. I am reliably informed that two other counties have similar laws.
Inasmuch as this is true, this bill is definitely in violation of Article 1, Section IV, Paragraph I of the Constitution (Code Section 2-401), which reads as follows:
"Laws of a general nature shall have uniform operation throughout the State and no special laws shall be enacted in any case for which provision has been made by an existing general law."
By reason of the clause which excepts from its application counties for which provisions for precinct voting have already been made in counties of designated population, and in view of the fact that a county such as Fulton comes within

MONDAY, FEBRUARY 23, 1953

829

this exception, the bill loses its status as a general bill and becomes one of a special nature which is prohibited by the foregoing constitutional provision.
In the case of City of Cochran, et al vs. Lanfair (139 Georgia, p. 249), the Supreme Court in dealing with a similar situation declared that an Act designed for all intents and purposes to be of a general nature territorially but which excepted one political subdivision was in violation of this provision of the Constitution because of its failure to have uniform operation. In that case, the Court was dealing with an Act of the General Assembly (Acts 1874, p. 109), which declared that the ad valorem tax to be levied and collected by municipalities for ordinary current expenses should not exceed one-half of one per cent upon the value of property (except as herein provided) but excluded the City of Savannah from its operation. In its decision, the Court stated "As the Act of 1874 was passed by the legislature it was not one territorially general. By excepting the City of Savannah, it would not have uniform operation throughout the state."
Applying this decision to the exception made in Section 1 of House Bill No. 94, I am of the firm opinion that it violates Article I, Section IV, Paragraph I of the Constitution (Code Section 2-401).
It is to be noted further that in Section 5 of House Bill No. 94, there is a provision that voting precincts shall be "designated and determined by a committee of five persons, two of whom shall be appointed from the county by the Chairman of the Board of County Commissioners, where such county has a Board of County Commissioners, or the Ordinary, as the case might be, two shall be appointed from the city by the mayor or head of such city, and the fifth shall be the Registrar hereinabove provided."
Article III, Section VII, Paragraph XVII of the Constitution (Code Section 2-1917 reads in part as follows:
"The General Assembly shall have no power... to make or change election precincts . . . but it shall prescribe by law the manner in which such powers shall be exercised by the courts. . . . ."
I am of the opinion that the portions of the Act providing for the designation of election precincts are in violation of this particular provision of the Constitution.
Sincerely yours,
EUGENE COOK Th~ Attorney General

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.

830

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 24, 1953.

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 Doctor Allen S. Cults, Pastor, First Baptist Church, Metter, Georgia.

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

Mr. Garrard of Wilkes, 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 \\;th.

The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 Bill and Resolution of the House were read the first time, and referred to the Committees:

HB 647. By Mr. Groover of Bibb:
A Bill to be entitled an Act to provide for the superiority of the title and operation of security deeds over certain taxes, tax liens, notices and recordings, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HR 201-647a. By Messrs. Holley, Graham and Bell of Richmond and Russell of Barrow:
A Resolution to authorize and direct the State Highway Department to compensate Thomas E. Hamilton for damages sustained by him as a

TUESDAY, FEBRUARY 24, 1953

831

result of negligence on the part of the driver of a State Highway Department truck, and for other purposes. Referred to the Committee on Special Appropriations.
Mr. Gillis of Treutlen 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 following recommendation:
SR 25. Do Pass.
Respectfully submitted,
Gillis of Treutlen,
Chairman.

Mr. Lavender of Elbert 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:
SB 79. Do Pass. SB 93. Do Not Pass.
Respectfully submitted,
Lavender of Elbert, Chairman.

Mr. Hall of Floyd 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 195-639c. Do Pass.
Respectfully submitted,
Hall of Floyd,
Chairman.

Mr. Edenfield of Mcintosh County, Chairman of the Committee on Game and Fish, submitted the following report:

832

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Game and Fish has had under consideration the follow-

ing Resolution of the House and has instructed me as Chairman, to report the

same back to the House with the following recommendation:



HR 196-639d. Do Pass.

Respectfully submitted,

Edenfield of Mcintosh,

Chairman.

Mr. Willis of Thomas County, Chairman of the Committee on Historical Research, submitted the following report:
Mr. Speaker: Your Committee on Historcial 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 recommendation:
SR 40. Do Pass. Respectfully submitted, Willis of Thomas, 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 192. Do Pass.
Respectfully submitted,
Rowland of Johnson,
Chairman.

Mr. Hoke Smith of Fulton 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 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 642. Do Pass.
SR 27. Do Pass.

TUESDAY, FEBRUARY 24, 1953

833

SB 148. Do Pass.

Respectfully submitted, Hoke Smith of Fulton, Chairman.

Mr. Adams of Evans 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 House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 27. Do Pass.
Respectfully submitted,
Adams of Evans,
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 follo'\Ving recommendation:
SB 132. Do Pass as amended. Respectfully submitted, McCracken of Jefferson, Chairman.
Mr. Bell of Richmond County, Chairman of the Committee. on Training Schools, submitted the following report:
Mr. Speaker:
Your Committee on Training Schools 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 recommendation:
HR l!M-639b. Do Pass.
Respectfully submitted,
Bell of Richmond,
Chairman.

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

1334

..;JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee o!l Ways and Means has had under consideration the following Bill and Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 38. Do Pass. SB 135. Do Pass, as amended.
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 bills of the House to-wit:

HB 105. By Messrs. Connell of Lo\\'lldes, Greer of Lanier and others:
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, and for other purposes.

HB 186. By Messrs: H. Smith of Fulton, Twitty of Mitchell and others:
A Bill to amend the Code of Georgia of 1933, Sections 67-2001 concerning the creation, declaration and enforcement of laborer's and materialmen's liens, and for other purposes.

HB 440. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to provide that in cities having a population of 70,000 or more, members of the City Council or Board of Aldermen during the term of office for which they are chosen shall be competent to hold any other office in said cities where they are elected by the people, etc, and for other purposes.
HB 533. Br. Otwell of Forsyth:
A Bill to amend an Act providing a City Charter for Cumming, Forsyth County, Georgia, 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 of the House to-wit:

HB 591. By Mr. Murphy of Haralson:

. . '

.

A Bill vesting in the City of Bremen the power and authority to con~

TUESDAY, FEBRUARY 24,1953

835

demn land or real estate for school purposes; etc., and for other pur~ poses.

HB 592. By Mr. Smith of Emanuel:
A Bill to incorporate the City of Coleman's Lake in the County of
Emanuel, and for other purposes.

HB 593. By Mr. Moore of White:
A Bill to enable White County and the City of Cleveland to establish a joint planning commission to make and amend an overall plan, etc., and for other purposes.

HB 594. By Mr. Hicks of Floyd:
A Bill to require all candidates for nomination and election to the House of Representatives of the General Assembly from Floyd County to designate and qualify for a specific seat, and for other purposes.

HB 418. By Messrs. Sipple, McGee and Haar of Chatham:
A Bill to lower to $1250.00 in the County of Chatham the Homestead Exemption of $2000.00 allowed under Paragraph IV of Section I of Article VII of the Constitution of 1945, etc., and for other purposes.

HB 424. By Mr. Holloway of Gilmer:
A Bill incorporating and establishing the City of Ellijay; to extend present corporate limits, and for other purposes.

HB 450. By Messrs. Scoggin, Hall and Hicks of Floyd:
A Bill to provide that the Tax Receiver in all counties having a population of not less than 32,000 and not more than 33,000 shall be paid from ad valorem school tax collected for the County Board of Education a commission of two and one-half per cent of the net amount collected by the County Tax Collector, and for other purposes.

HB 451. By Messrs. Scoggin, Hall and Hicks of Floyd:
A Bill to amend an Act relating to compensation for members of county boards of education, so as to provide a different compensation for members of the county boards of education of all counties having a population of not less than 62,800 and not more than 63,000, and for other purposes.

HB 467. By Messrs. Kemp and Foster of Clayton:
A Bill to amend an Act to create a Commissioner of Roads and Revenues of Clayton County, and for other purposes.

HB 475. By Messrs. Hand and Twitty of Mitchell:
A Bill to incorporate the City of Baconton in the County of Mitchell, and for other purposes.

836

JOURNAL OF THE HOUSE,

HB 477. By Mr. Baughman of Early:
A Bill to amend an Act to establish the City Court of Blakely, so as to increase the salary of the Judge of said Court, and for other purposes.

HB 484. By Mr. Matthews of Clarke:
A Bill to require the results of all referendum elections to be certified to the Secretary of State, and for other purposes.
HB 115. By Mr. Hollis of Muscogee:
A Bill to repeal an Act providing for the condemnation of rights of way by permitting condemnation of property for public roads and by permitting condemnation for borrow pits, and for other purposes.

HB 167. By Mr. Ray of Warren:
A Bill to amend an Act which provided for an interest rate of 6% in case of non-payment so as to provide that the interest on any assessments made, any fi. fas. issued, or any indebtedness incurred or existing for taxes imposed by the Income Tax Act shaH bear interest at the rate of 6% per annum, and for other purposes.

HB 183. By Messrs. Gunter and Terrell of Hall:
A Bill to authorize municipalities of the State of Georgia to contract, sell, lease and otherwise dispose of property owned by said municipalities which is subject to condemnation by the United States or the State of Georgia, and for other purposes.

HB 271. By Messrs. Edenfield of Mcintosh, Murr of Sumter and others:
A Bill to repeal Section 45-502, Georgia Code 1933, relating to fish peddlers and fish sellers licenses, fees and use thereof; to repeal conflicting laws, and for other purposes.

HB 272. By Mr. Edenfield of Mcintosh:
A Bill to require all persons operating boats or vessels while fishing for shrimp or fish by use of nets upon any tidal or salt waters of the State to have a license from the State Game and Fish Commission, and for other purposes.

HB 300. By Mr. Edenfield of Mcintosh:
A Bill to repeal an Act 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 327. By Messrs. Floyd of Chattooga, Lavender of Elbert and others:
A Bill to protect against subversive act1vities by making it a crime to commit or advocate acts intended to effect the overthrow of the Constitution or Government of the United States or the Constitution or Government of the State of Georgia, and for other purposes.

TUESDAY, FEBRUARY 24, 1953

837

HB 401. By Messrs. Birdsong and Groover of Troup:
A Bill to amend an Act to establish the City Court of LaGrange, and for other purposes.
HB 493. By Messrs. Campbell of Walker, Willingham of Cobb, Coker of Walker, Hicks of Floyd and Twitty of Mitchell: A Bill to amend an Act pertaining to sales by guardians of the property of their wards for reinvestment, and for other purposes.
HB 510. By Messrs. Lokey, H. Smith and M. Smith of Fulton: A Bill to amend an Act establishing a new Charter for the City of Atlanta creating a commission to study traffic courts, and for other purposes.
HB 515. By Mr. Harrison of Wayne:
A Bill to provide for employment of tax experts for the City of Jesup, and for other purposes.
HB 519. By Messrs. Sipple and Haar of Chatham:
A Bill to amend Chapter 87-8 of the Code of Georgia known as the Revenue Certificate. Law of 1937, by providing that said Act shall apply to parking meters, and for other purposes.

HB 522. By Messrs. Wiliis and Chastain of Thomas:
A Bill to amend the charter of the City of Thomasville, and for other purposes.

HB 525. By Mr. Murphey of Crawford:
A Bill to amend an Act incorporating the City of Roberta, and for other purposes.

HB 531. By Mr. Conger of Decatur:
A Bill to amend an Act to create a. new charter for the City of Bainbridge, and for other purposes.
HB 543. By Messrs~ Turner, McWhorter and Rutland of DeKalb:
A Bill to amend an Act establishing the City of Avondale Estates; and for other purposes.

HB 551. By Mr. Rowland of Johnson:
A Bill to provide that in all counties of this State having a population of not less than 9,883 nor more than 9,893, the Boards of County Commissioners shail have the power and authority to pay out of county funds a monthly expense allowance of $100.00 to the Sheriffs of said counties, etc., and for other purposes.

838

,JOU:{tNAL OF THE HOUSE,

HB 552. By Mr. Brannen of Dooly:
A Bill to amend an act creating a Board of Commissioners of Roads and Revenues for Dooly County, so as to change the compensation of members of the Board, and for other purposes.

liB 554. By Messrs. Lokey and M. Smith of Fulton:
A Bill to amend an act entitled "An Act to authorize and direct the Commissioner or Commissioners of Roads and Revenues or other authority having control of the expenditures of county funds in all counties having a population of not less than 300,000 to pay to the Ordinary in each such county a salary of $9,000.00 per annum, and for other purposes.

HB 555. By Mr. Raulerson of Pierce:
A Bill to amend an act to consolidate and revise the charter of the City of Blackshear; regarding election of officials, and for other pur. poses.
HB 556. By Messrs. Lokey and M. Smith of Fulton:
A Bill to amend the Charter of the Town of Palmetto, and for other purposes.

HB 557. By Messrs. White and Jordan of Gwinnett:
A Bill to amend an act entitled "An Act to create a new charter for the City of Lawrenceville, and for other purposes.
I
:II~ 558. By Messrs. White and Jordan of Gwinnett:
A Bill to amend the Charter of the City of Lawrenceville; to provide that the Mayor and Council may elect a Recorder, and for other purposes.
HB 559. By Mr. Deen of Bacon:
A Bill to amend an act creating a new charter for the City of Alma; to extend the corporate limits, and for other purposes.

HB 567. By Messrs. Perkins and Duncan of Carroll:
A Bill to change the compensation of the Tax Commissioner of Carroll County, and for other purposes.

HB 568. By Messrs. Perkins and Duncan of Carroll:
A Bill to change the compensation of the Judge of the City Court of Carrollton, and for other purposes.

HB 571. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to amend an act to create a new charter for the City of Marietta; to exclude the payment of examination fees for applicants under Civil Service; etc., and for other purposes.

TUESDAY, FEBRUARY 24, 1953

839

HB 578. By Messrs. Harris, Groover and McKenna of Bibb:
A Bill to amend an act to establish the City Court of Macon; to provide for the appointment of a Judge and other officers thereof, and for other purposes.

HB 578. By Messrs. Gunter and Terrell of Hall:
A Bill to provide for a county tax for road in counties having a population of not less than 40,000 nor more than 48,000, and for other purposes.

HB 588. By Messrs. Turner, McWhorter and Rutland of DeKalb:
A Bill to amend an act creating the Municipal Court of Atlanta and to amend an act creating and establishing the Civil Court of DeKalb County, and for other purposes.

HB 584. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A Bill to amend an Act to authorize the election of a Commissioner of Roads and Revenues for the County of DeKalb, and for other purposes.

HB 586. By Messrs. Foster and Kemp of Clayton, H. Smith, M. Smith and Lokey 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 incorporating said City: under the name of College Park, and for other purposes.

HB 588. By Mr. Greer of Lanier:
A Bill to amend an Act creating the office of Tax Commissioner of Lanier County; to change the compensation of the Tax Commissioner, and for other purposes.

HB 589. By Messrs. Bell, Graham and Holley of Richmond: A Bill to repeal an act entitled "An Act to create the Augusta Richmond County Building Authority", and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof: Mr. Speaker:
The following Resolutions of the House have been read and adopted:
HR 9-42c By Messrs. Terrell and Gunter of Hall: A Resolution to provide funds to compensate H. L. Sexton for damages to his automobile caused by the negligent operation of a truck of the Georgia Forestry Department, and for other purposes.
HR 19-87b. By Mr. Moate of Hancock: A Resolution to compensate Miss Rose Thompson of White Plains,

840

JOURNAL OF THE HOUSE,

Georgia for injuries she received in an accident with a State Highway truck, and for other purposes.

HR 23-87f. By Messrs. Murr and Carter of Sumter:
A Resolution to compensate Q. A. Beasley for injuries sustained while in the performance of duty as member of the State Patrol, and for other purposes.

HR 29-124a. By Messrs. Blackburn of Habersham and Wiggins of Stephens:
A Resolution to compensate Mr. Samuel Glen Densmore for damages to his automobile when hit by a vehicle OWl)ed by the State Game and Fish Department, and for other purposes.

HR 111-337o. By Mr. Hodges of Butts:
A Resolution authorizing the Governor, acting for and on behalf of the State of Georgia, to convey certain property in Butts County in exchange for property deeded to the State of Georgia in Indian Springs State Park, and for other purposes.

HR 112-362a. By Mr. Ingle of Murray:

A Resolution to autorize the Governor to enter into such agreements

as his judgment may dictate, in the exchange of properties in Murray

County, and for other purposes.



HR 139-439c. By Messrs. Flynt of Taliaferro and Ray of Warren:
A Resolution authorizing the Governor to convey certain property in Taliaferro County, being a portion of the Alexander Stephens State Park, and for other purposes.

HR 147. By Mr. Greer of Lanier:
A Resolution to provide that the Governor and the State Treasurer be authorized and directed to sell the 440 shares of stock owned by the State in the Southern and Atlantic Telephone Company at a price of not less than $10.00 per share, and for other purposes.

HR 149. By Mr. M. Smith of .Fulton:
A Resolution to establish a five-man commission to investigate and make reports on the retirement system affecting State officers and State employees, and for other purposes.

HR 153. By Mr. Sheffield of Brooks:
A Resolution authorizing the Governor and the Commissioner for and on behalf of the State of Georgia, to convey a certain lot or tract of land located in the City of Quitman, County of Brooks, 12th land district of Brooks County, Georgia, and upon which is located thereon the Quitman State Farmer's Market, unto Brooks County, Georgia, and their successors; and assigns, and for other purposes.

TUESDAY, FEBRUARY 24, 1953

841

HR 186. By Mr. Connell of Lowndes:
A Resolution recommending that the Commissioner of Revenue take such action as is necessary to compromise said outstanding taxes at a nominal figure on a fair and equitable basis to the State of Georgia and all parties concerned, and for other purposes.

HR 187. By Messrs. Bolton and Harper of Spalding:
A Resolution commending Congressman Sidney Camp for his efforts in attempting to secure the establishmenl and location of an Air Force Academy in Spalding County, and for other purposes.

HR 188. By Messrs. Bolton and Harper of Spalding:
A Resolution urging the Georgia Congressional Del~gation to support legislation for the establishment of an Air Force Academy in Spalding County, Georgia, and for other purposes.

HR 189. By Messrs. Bolton and Harper of Spalding:
A Resolution requesting the United States Department of Defense to locate. an Air Force Academy in Spalding County, Georgia, and for other purposes.

HR 190. By Mr. M. M. Smith of Fulton:
A Resolution commending the work of the Jekyll Island Committee and which shall be spread upon the minutes of the Journal of both the House and the Senate.

HR 22. By Messrs. Murr and Carter of Sumter:
A Resolution directing the Department of Public Safety to compensate for damages to B. D. Cravey, and for other purposes.

HR 120. By Messrs. Gardner and Watson of Dougherty:
A Resolution authorizing the Governor, acting for and on behalf of the State of Georgia, to convey certain property in Dougherty County, being a portion of Chehaw State Park, etc., and for other purposes.

HR 133. By Messrs. Smith of Emanuel and Tumlin of Bartow:
A Resolution authorizing the State Parks Department to extend the term of the lease with John M. King, Jr., for certain facilities on the Allatoona Reservoir, 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 and resolutions' of the House to-wit:

842

JOURNAL OF THE HOUSE,

HB 466. By Mr. McCracken of Jefferson:
A Bill to amend an Act relating to mechanics' and materialmen's liens, and for other purposes.

HB 598. By Messrs. Lanier of Candler, Black of Webster and others:
A Bill to prohibit the feeding of garbage to animals unless such garbage has been processed in such manner as to render the same free of any infectious or contagious disease which might affect domestic animals or human beings, 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 642. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act so as to provide permanent registration for voters in the City of Loganville, and for other purposes.

HR 195-639c. By Messrs. Hall of Floyd, Green of Rabun and others:
A Resolution providing for the appointment of a committee to study the Georgia educational system, and for other purposes.

HR 196-639d. By Mr. Edenfield of Mcintosh:
A Resolution providing for the appointment of a committee to study facilities for the propagation and protection of the game and fish of this State, and for other purposes.

SB 148. By Senator Redwine of the 26th:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Fayetteville, and for other purposes.

SR 25. By Senator Brown of the 40th:
A Resolution requesting the State Highway Department to take measures to prevent erosion on the shoulders of highways, and for other purposes.

SR 27. By Senator Millican of the 52nd:
A Resolutilon proposing a constitutional amendment providing that Fulton County shall have the right to furnish labor for road work in certain municipalities, and for other purposes.

HB 27. By Mr. Turner 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.

HR 192. By Mr. Rowland of Johnson: A Resolution authorizing and confirming the appointment of a commit-

TUESDAY, FEBRUARY 24, 1953

843

tee to study the Georgia Workmen's Compensation Act, and for other purposes.

HR 194-639b. By Mr. Bell of Richmond:
A Resolution authorizing the Committee of the House on Training Schools to visit various instituti()ns, and for other purposes.

SR 40. By Senators Callaway of the 35th and Cheek of the 23rd:
A Resolution renaming the road now known as the Loganville-Bold Springs-Winder Road the Charles S. Floyd Road, 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 638. By Mr. Williams of Franklin:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Treasurer 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 124. By Senator Cheek of the 23rd:
A Bill to be entitled an Act to fix the salary of the Board of Commissioners of Taylor 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 tlie bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 10. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide that the members of the Commission to study pensions in certain counties may be elected after the time prescribed, and for other purposes.

The report 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 100. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend an Act requiring the Tax Com-

844

JOURNAL OF THE HOUSE,

missioner of Fulton County to receive tax returns for the City of Atlanta for 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 106, nays 0.
The bill, having received the requisite constitut.ional majority, was passed.

SB 101. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide that participants must elect to qualify for retirement from posts on the Fulton County Civil, Criminal, and Juvenile 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 107, 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 am.end an Act so as to authorize the President of the Board of Aldermen of the City of Atlanta to serve on standing committees, and for other purposes.
The following amendment was read and adopted:
Fulton Delegation moves to amend Seriate Bill No. 136, by adding .the following sections immediately preceding the repealing section, said sections to be appropriately numbered and renumbered:
SEC.--- The Mayor and General Council of the City of Atlanta shall have full power and authority, through its Park Department or otherwise if so provided by ordinance, to develop for park or recreational purposes land adjacent to the banks of Peachtree Creek which is now owned by the City of Atlanta or which may be dedicated' or otherwise acquired by it for such purposes; to solicit and accept grants of land adjacent to the banks of Peachtree Creek and use the same for such purposes; and to build small dams on Peachtree Creek to develop pools or ponds, and to stock Peachtree Creek with fish.
SEC.--- Any pollution of Peachtree Creek by the introduction therein of any deleterious substances such as sewage of any kind whatsoever, chemicals, excrement or waste materials of any kind, brush, logs or other deleterious matter or things shall constitute a nuisance. Any such nuisance may be abated by the City of Atlanta in any manner 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

TUESDAY, FEBRUARY 24, 1953

SB 137. By Senator Millican of the 52nd:

A Bill to be entitled an Act to amend Title 36, Chapter 11, Code of Georgia so as to provide additional procedure for condemnation of property in certain cities and counties, and for other purposes.

The following amendment was read and adopted:

Messrs. Hoke Smith, M. M. Smith and Lokey, of Fulton County, move to amend Senate Bill No. 137, as follows:

1. By adding the words "the then last such census" and before the words "and to provide the mechanics of such new condemnation procedure" in the title to such Act the following words:

"and to any county having partly within its boundaries a municipality having a population of more than 250,000 according to the last or any future Federal Decennial Census,".

2. By changing the period to a comma at the end of the first sentence in Section 2 and by adding the following words:

"and to any county having partly within its boundaries a municipaFty having a population of more than 250,000 according to the last or any future Federal Decennial Census."

3. By striking Section 15 and substituting in lieu thereof the following sections:

Section 15. If any clause, sEmten~e, paragraph or any part 'of this

Act shall for. any reason be adjudged by any court of competent jurisdic-

tion to be invalid, such judgmeJ\t shall not affect, impair, or Invalidate

the remainder of this Act.



Section 16. That all laws or parts of laws in conflict herewith are hereby repealed.

't'he report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the pasage of the bill, as amended, the ayes were 109, nay$ 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 138. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to ratify the action of the City of Macon in vesting title to certain property in David W. Thornton, and for other purposes.

The report 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 139. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend an Act so as 'to increase the com-

846

JOURNAL OF THE HOUSE,

pensation of the members of the Personnel Board of the City of At- lanta, and for other purposes.

The report 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 141. By Senator Singleton of the 24th:
A Bill to be entitled an Act to amend an Act so as to increase the compensation of the Tax Commissioner of 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 112, 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 Bill of the House:

HB 177. By Messrs. McKenna, Harris, and Groover qf Bibb:
A Bill to be entitled an Act to amend an Act providing for the attendance of witnesses in court and for their compensation, and for other purposes.

By unanimous consent, the following Bills of the Senate were withdrawn from the Committee on Special Judiciary, read the second time, and recommitted:

SB 84. By Senator Hall of the 15th:
A Bill to be entitled an Act to amend an Act relating to the title necessary to maintain an action for trespass as to land, and for other purposes.

SB 85. By Senator Hall of the 15th:
A Bill to be entitled an Act to amend an Act relating. to the basis of title upon which a plaintiff in ejectment must recover, and for other purposes.

By unanimous consent, the following Resolutions of the Senate were withdrawn from the Committee on Special Appropriations, read the second time, and recommitted:

SR 17. By Senator Callaway of the 35th:
A Resolution compensating Mrs. Nina Barnes Belcher for damages, and for other purposes.

TUESDAY, FEBRUARY 24, 1953

847

SR 29. By Senator Adams of the 12th:
A Resolution compensating Mr. Emory R. Kent for damages, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Counties and County Matters, read the second time, and recommitted:

HB 644. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Hall County, and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 186. By Messrs. H. Smith of Fulton, Twitty of Mitchell and others:
A Bill to be entitled an Act to amend Sections 67-2001 and 67-2002 of the Code of Georgia relating to laborers' and materialmen's liens, and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB 186 by adding Section 7, as follows:
"All laws and parts of laws in conflict with this Act be and same are hereby repealed.

Mr. Twitty of Mitchell moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 117, nays 0.
The Senate amendment to HB 186 was agreed to.

HB 105. By Messrs. Connell of Lowndes, Greer of Lanier and others:
A Bill to be entitled an Act to amend an Act so as to provide revenue for paying benefits to the Peace Officers of the State, and for other purposes.
The following Senate amendments were read:
Senator Blitch of the 5th District moves to amend House Bill No. 105 (Substitute) by:
Striking Section 2 of said bill in its entirety, and inserting in lieu thereof a new section 2, which shall read as follows:
"Section 2. Said Act, as amended, is further amended by strik-
ing the figure '$1' from line seven of said section, and inserting in lieu thereof the figure '$2', so said section, as amended, shall read as follows:
"In all criminal and quasi,criminal ca:;es for violating State

JOURNAL OF THE HOUSE,
statutes or municipal ordinances, tried in any court or tribunal in the State of Georgia, wherein a fine is collected in an amount of $5 or more for the violation of a State statute or city ordinances or wherein a bond is forfeited and the result of the forfeiture is a final disposition of the case the sum of $2 for each case so disposed of shall be paid to the treasurer of the Board of Commissioners of the. Peace Officers Annuity and Benefit Fund of Georgia on the first day of each month thereafter by the person or authorities collecting the same. It shall be the duty of the clerk or other authority collecting the said moneys to keep accurate records of the amounts due the Board of Commissioners of the Peace Officers Annuity and Benefit Fund of Georgia so that the same may be audited at any time. by any duly constituted authority. The sums remitted to the treasurer of the Board of Commissioners under this provision shall be used as provided for in this law.' "
Senator Millican of the 52nd:
Amend House Bill 105, page 2, of the printed bill, line 7, by striking the figure "2%" and inserting in lieu thereof "3%", and in line 8 by striking the figure "3%" and inserting the figure "4%", and in line 25 by striking the figure "2%" and inserting "3%", and in line 26 by striking the word '1three percent" and inserting in lieu thereof "4%".
Senator Millican of the 52nd:
Amend House Bill 105 of the printed bill by striking the last four lines beginning with the word "provided" and striking the first three lines of page 5 of the printed bill ending with the word and figure "sixty (60)", which lines read as follows: "provided, however, any other provisions of this Section of 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)."
Senator Millican of the 52nd:
Amend House Bill105, page 4 of the printed bill, line 31 by adding after the word "and" and before the word "at" the following: "be".
State of the Republic:
Senate Committee Amendment to House Bill No. 105 by adding following the word 5% in the 21st line of Section l of said Act the words, "provided, however, that for the purpose of computing the amount to be paid into said fund by peace officers, no fixed salary or subsistence or both, or fixed salary and fees; or fees only, shall be deemed to exceed the sum of $5,000 per year", and by adding the words, "provided, however, that for the purpose of computing the amount to be paid into said fund by peace officers, no fixed salary or subsistence or both, or fixed salary and fees, or fees only, shall be deemed to exceed the SUDJ of $5,000 per year", following the word 5% in the 39th line of Section 1 of said Act.
Mr. Twitty of Mitchell moved that the House disagree to the Senate amendments.
The motion to disagree prevailed.

TUESDAY, FEBRUARY 24, 1953

849

HB 533. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act so as to change the hours for holding elections in the City of Cumming, and for other purposes.
The following Senate amendment was read:
Senator Scoggins of the 33rd moves to amend House Bill 533 as follows:
by adding after Section 6 a new section to be known as Section 6A, to read as follows:
"That this Act shall not become effective until the expiration of the present Mayor's term of office on J~uary 1, 1955.''
Further amends by striking Section 3 in its entirety a;nd by striking, the words in Line 7 of the caption "to provide that the city council may ()verride Mayor's veto"
Further .amends by renumbering sections to run numerically.

Mr. Otwell of Forsyth moved that the House agree to the Senate amendment. On the motion to agree, .the ayes were 105, nays 0. The Senate amendment was agreed to.

HB 440. By Messrs. &,II, Holley and Graham of Richmond:
A Bill to be entitled an Act to provide that in certain cities members of the Board of. Aldermen may hold certain other positions during their term of office, and for other purposes.
The following Senate amendment was read:
Senator Kelly of the 18th moves to amend HB 440, by amending the caption and Section 1, by changing the words "Seventy Thousand" to "Seventy-One Thousand.''

Mr. Bell of Richmond moved that the House agree tO the Senate amendment.
On the motion to agree, the ayes were 106, nays 0.
The Senate amendment to HB 440 was agreed to.
HB 13. B,r Mr. Freema~ of Monroe:
A Bill to be entitled an Act to provide fo'r the teaching of a course in Federal and State Government in high scllools, and for other purposes.
The following Senate amendment was read.:
Committee on Education and Public Sehools moves to amend HB 13 by striking Section 2 in its entirety and inserting .in lieu thereof the following:
"The course so prescribed shall be taught in the Eleventh or Twelfth Grade of all High Schools which received :in any manner funds from this State. The course shall be taught for the entire school year. Provided,
however, the total time devoted to said course :at study shall be suffici-
ent to earn one (1) full unit of credit." '

850

.JOURNAL OF THE HOUSE,

Mr. Twitty of Mitchell moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 105, nays 0. The Senate amendment to HB 13 was agreed to.

HB 598. By Messrs. Lanier of Candler, Black of Webster and others:
A Bill to be entitled an Act to provide for the sanitizing of garbage fed to livestock, and for other purposes.
The following Senate amendments were read:
Senate Amendment to House Bill No. 598
By Senator Moon of the Thirteenth District
House Bill No. 598 is amended by striking in its entirety the last sentence in Section 8 or wherever these words appear which reads as follows:
"Each day the provisions of Section 2 of this Act or any rule or regulation made pursuant thereto is violated shall be a separate offense.
Senator Pettey moves to amend HB 598 by adding a new section to be numbered Section 26 as follows:
"Nothing in this Act shall repeal or be construed to be in conflict with the Act of 1939 (Ga. Laws) known as the Hog Cholera Act, relating to the sale, use, distribution and vaccination of hogs with serum and virus by County Agents, Vocational Teachers, Trained Laymen, Veterinarians, or by a Farmer himself, etc." in the prevention of hog cholera.
Committee of the Senate on Agriculture moves to amend House Bill 598 by adding at the end of Section 18 the following:
Provided, however, the provisions of this section shall not apply to the State and county health departments, the United States Public Health Service, and accredited medical and dental colleges and universities; and to approved hospitals, approved medical centers, and foundations engaged in medical research, diagnosis or treatment of the diseases of man.
Committee of the Senate on Agriculture moves to amend HB 598, Section 18, by adding in the third line after the word "College" and before the word "the" the following words "Georgia Poultry Improvement Association. Laboratory"
Senate Amendment to House Bill No. 598
By Senator Moon of the Thirteenth District
House Bill No. 598 is amended by adding a new section numbered 25 and renumbering section 25 as section 26.
New Section 25
"A copy of all rules and regulations issued pursuant to the provisions of this Act shall be furnished each member of the General Assembly, as issued, with a view to making any necessary amendments to this act at the November 1953 Session."

TUESDAY, FEBRUARY 24, 1953

851

Mr. Lanier of Candler moved that the House agree to the Senate amendments.
On the motion to agree, the ayes were 105, nays 1.
The Senate amendments to HB 598 were. agreed to.

liB 466. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act relating to mechanics' and materialmen's liens, and for other purposes.
The following Senate amendments were read:
Callaway of the. 35th District moves to amend House Bill No. 466 as amended as follows:
By inserting after the word "holder" in the fifteenth line of Section 67-2004 of Section 1 and before the comma following the word "holder" the following language:
"To recover the amount of his claim" so that said section as amended will read as follows:
"Section 67-2004. When any person, entitled under this Chapter to claim a lien against any real estate located in this State, shall file his lien in the office of the Clerk of the Superior Court of the county in which said real estate is located, the owner of the real estate, or the contractor employed to improve said property, may, before or after foreclosure proceedings are instituted, discharged said lien by filing in the office of the said clerk a bond with good security in double the amount claimed under said lien to be approved by the clerk of said court, conditioned to pay to the holder of said lien the sum that may be found to be due him upon the trial of any action that may be filed by said lien holder to recover the amount of his claim, within twelve months from the time said claim shall become due. Upon the filing of the bond provided for herein, the real estate shall be discharged from the lien."
The Committee of the Senate on General Judiciary moves to amend House Bill No. 466 as follows:
By striking Section 67-2004 in Section 1 and inserting in lieu thereof the following:
"Section 67-2004. When any person, entitled under this Chapter to claim a lien against any real estate located in this State, shall file his lien in the office of the Clerk of the Superior Court of the county in which said real estate is located, the owner of the real estate, or the contractor employed to improve said property, may, before or after foreclosure proceedings are instituted, discharge said lien by filing in the office of the said clerk a bond with good security in double the amount claimed under said lien to be approved by the clerk of said court, conditioned to pay to the holder of said lien the sum that may be found to be due him upon the trial of any action that may be filed by said lien holder, within twelve months from the time said claim shall become due. Upon the filing of the bond provided for herein, the real estate shall be discharged from the lien."

852

JOURNAL OF THE HOUSE,

Mr. McCracken of Jefferson moved that the House agree to the senate amendments.
On the motion to agree, the ayes were 107, nays 0.
The Senate amendments to HB 466 were agreed to.
Under the regular order of business, the following Bill of the Senate was again taken up for consideration:

SB 63. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to redemption of property sold under tax executions, and for other purposes.

By unanimous consent, SB 63 was tabled. 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 31. By Senators Edenfield of the 4th, Campbell of the 31st and Carlisle of the 51st: A Bill to be entitled an Act to amend an Act establishing a Teacher 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 0. The bill, having received the requisite constitutional majority, was passed.
SR 81. By Senator Millican of the 52nd: A Resolution authorizing a committee to study the procedure for the registration of motor vehicles, 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 1. The resolution, having received the requisite constitutional majority, was adopted.

SB 43. By Senator Blitch of the 5th:
A Bill to be entitled an Act to amend an Act authorizing grants to assist in the construction of public hospitals, and for other purposes.

By unanimous consent, SB 43 was tabled'.

SB 65. By Senators Stoddard of the 50th and Campbell of the 21st:
A Bill to be entitled an Act to provide that no civil action can be brought against any owner on account of injuries sustained during an actual

TUESDAY, FEBRUARY 24, 1953

853

or practice attack pursuant to the Georgia Civil Defense 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 104, n~ys 0.
The bill, having received the requisite constitutional majority, was passed.

SB 40. By Senators Carlisle of the 51st and Campbell of the 31st:
A Bill to be entitled an Act to amend an Act so as to make it unlawful to operate vehicles in a reckless manner in a schoolyard, and for other purposes.

The report 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, hav:ing received the requisite constitutional majority, was passed.

SB 95. By Senator ~denfield of the 4th:
to A Bill be .entitled an Act to amend an Act establishing Juvenile
Courts, and for other purposes.
The following amendment was read and adopted :
Mr. Gunter of Hall moves to amend .SB 95: by adding the words "except judges" after the word "personnel"
~~ci befo~ the word "provided" in the title of said Bill; and
by adding the words "except judges" after the' wotds "all personnel" in Section 1 of said Bill, and by striking the word "judges" appearing in said Section after" the words "limited to" and before the word "referees".

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 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 50. By Senator Edenfield of the 4th:
A Bill to be entitled an Act to amend an Act so as to require additional information in the licensing of motor vehicles, and for other purposes.

Mr. Hollis of Muscogee moved that SB 50 be tabled, and the motion was lost.
Mr. Jones of Lumpkin moved the previous question, and the call was sustained.

854

JOURNAL OF THE HOUSE,

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

was agreed to.



On the passage of the bill, Mr. Stephens of Clarke moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers . Barber of Colquitt
Barber of Jackson Baughman Bell Bentley Birdsong Black Blalock Bloodworth Bodenhamer Bolton Brannen Brantley Bray Brazeal Britton Brown Buie Byrd Callier Campbell of Oconee Campbell of Walker Carswell Carter Clark Clary Coffin Coogle Cornelius Cummings Deal Dean of Towns Deen of Bacon
Denton Dews Drinkard Dunaway Edenfield Edwards Flynt Foster Fowler Frier

Gilder Gillis Goodson Gowen Graham
Greene of Crisp Groover of Bibb Gunter Haar Hale
Hall Hamilton Harrell Harris
Harrison of Wayne Hayes Henderson Hicks Hodges Holley Holton Ingle Ivey
Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key Layton Lewis Lifsey Lokey
Lovett McCracken McGarity McWhorter Matthews Mauldin Mincy Mishoe Moate Moore of Pickens Moore of White Moses

Moye
Murphey of Crawford Murphy of Haralson Murr
Nelson Nightingale Otwell Parker Perkins Phillips of Columbia Pickard Potts Raulerson Ray Register Russell Rutland Short Sipple of Chatham Sivell Smiley Smith of Cobb M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Stocks
Swindle Tallant Tamplin Tarpley
Todd Trapnell Tumlin Twitty
Veal Walker Wardlow Watson
Weems Williams of Bulloch Williams of Tift Willingham Willis Young

TUESDAY, FEBRUARY 24, 1953

855

Those voting in the negative were Messrs.:

Blackburn Cloud Conger Duncan Freeman Green of Rabun

Grimsley Hollis Holloway Jackson Lavender Musgrove

Hoke Smith of Fulton Strickland Turner Whitener Wiggins

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

On the passage of the bill, the ayes were 136, nays 17.

The bill, having received the requisite constitutional majority, was passed.

SB 129. By Senators Millican of the 52nd, Wilkes of the 53rd and others:
A Bill to be entitled an Act to provide a uniform method of fixing expense allowances for certain State officials, and for other purposes.

Mr. Harrison of Jenkins moved that SB 129 be tabled. The motion to table prevailed.

SB 59. By Senators Edenfield of the 4th, Dean of the 34th and others:
A Bill to be entitled an Act to amend an Act so as to provide special computation dates under the Unemployment Compensation Law, and for other purposes.
.The following Committee amendment was read and adopted:
Committee Amendment to SB 59.
By inserting a new proviso at the end of Section 3, to wit:
"Provided, however, that benefits shall not be paid for any week during which the employee is engaged in picketing or is a participant in a picket line at the factory, establishment, or other premises at which he is, or was last, employed, even though the stoppage of word shall have ceased and said operations have been resumed."

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 1. By Senators Edenfield of the 4th, Blitch of the 5th and others:
A Bill to be entitled an Act creating the State Toll Bridge Authority, and for other purposes.
The following amendment was read and adopted:
Hollis of Muscogee moves to amend SB 1 by adding a new section to read as follows:
"Anything else in this Act notwithstanding the Authority shall

JOURNAL OF THE HOUSE,

have no power or authority to acquire, nor to collect tolls on any existing bridge or any bridge hereafter constructed by the State Highway Board or any County or municipality, and originally free from tolls.
Tlle following amendments were read and lost:
Musgrove of Clinch moves to amend Senate Bill No. 1 by adding the following words at the end of Section 24.
Provided, however, no provision of this Act shall be construed as authorizing the continuation of the collection of tolls on a project after sufficient money has been collected or is otherwise made available to pay the full amount of the principal, interest and expense in connection with the obligations issued for the respective project.
Messrs. Greer of Lanier, Musgrove of Clinch and Conger of Decatur move to amend SB 1 by adding the following appropriately numbered section:
"Before the authority herein granted shall be exercised, the written consent of the governing authorities of the county or counties, in which the bridge is to be constructed, shall be obtained".

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 2.

The bill, having received the requisite constitutional majority, was passed,

as amended.

'

Mr. Conger of Decatur requested that the Journal show him as having voted against the passage of SB 1.

HR 171-624b. By Messrs. Register of Lowndes, Lewis of Greene and others:
A Resolution appointing a committee to survey the problems involved in constructing a new Governor's Mansion, and for other purposes.

The resolution was adopted.

HR 162-633c. By Mr. Tarpley of Union:
A Resolution requesting the distribution of copies of the Georgia Official and Statistical Register to every high school, and for other purposes.

The resolution was adopted.

SB 13. By Senator Jordan of the 26th:
A Bill to be entitled an Act to amend Section 26-2611 of the Code of Georgia relating to the punishment for hog stealing and chicken stealing, and for other purposes.

Mr. Bell of Richmond moved that further consideration of SB 13 be postponed until November, 1963, and the motion was lost.

TUESDAY, FEBRUARY 24, 1953

857

The following Committee amendments were read: Committee Amendments to SB 13

AMENDMENT NO. 1.
Strike the language, "and chicken stealing," from the caption of said bill, so that said caption, as so amended, shall read as follows:
"To be entitled an Act to amend Section 26-2611 of the Code of Georgia of 1933 relating to the punishment for hog stealing, so as to prescribe that said penalty under said section shall be for a certain period of time; to repeal conflicting laws; and for other purposes."
AMENDMENT NO. 2.
Strike the words "or one chicken or more" appearing in lines 6 and 7 of Section 1, so that Section 1, as so amended, shall read as follows:
"26-2611. The stealing of one bog or more shall be punished by imprisonment in the penitentiary not less than two nor more than four years."
On the adoption of the amendment, the ayes were 29, nays 87.
The amendment was lost.
The following amendment was read:
Mr. Adams of Upson moves to amend SB 13 by adding the words "or one turkey or more" tfter the word "chicken" wherever the same appears in said bill.
On the adoption of the amendment, the ayes were 86, nays 23.
The amendment 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 85, nays 23.
The bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Fowler of Douglas gave notice that at the proper time he would move that the House reconsider its action in failing to pass SB 13.
Mr. Blalock of Coweta asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Temperance, read the second time, and recommitted :
HB 51. By Mr. Blalock of Coweta:
A Bill to be entitled an Act to repeal an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, and for other purposes.
The Speaker ruled the request out of order.
Under the regular order of business, the following Bill of the Senate was taken up for consideration, and read the third time:

858

JOURNAL OF THE HOUSE;

SB 132. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide that the Secretary of State of the State of Georgia shall be the Commissioner of Securities, and for other purposes.
The following Committee amendments were read and adopted:
The Committee moves to amend Senate Bill No. 132 By:
Striking the word "appeal," appearing in Section 17 (a) after the words "are hereby" and inserting in lieu thereof the word "repealed."
And by amending Section 17 (e) by striking the word "appealed," and inserting in lieu thereof the word "repealed".

COMMITTEE AMENDMENT TO GEORGIA SB 132
Amend Senate Bill 132, Section 5 (d), (appearing on page 11 of the ditto copy of the bill) by striking the word "is" in the third line of said section and inserting therein the following:
"or the fixing of its rates and charges or the keeping of its books and accounts are"
so that said section when amended shall read as follows:
" Securities issured or guaranteed either as to principal, interest or dividend by a railroad or public utility if the issuance of its securities or the fixing of its rates and charges or the keeping of its books and accounts are eregulated by any public authority of the United States, or of any state, territory or insular possession thereof, or of the District of Columbia, or of the Dominion of Canada or any province thereof; also equipment trust certificates in respect of equipment conditionally sold or leased to a railroad or public utility, if other securities issued by such railroad or public utility would be exempt under this subsection."
The Committee moves to amend Senate Bill No. 132 in the following manner:
1. By changing the word "account" in two places in Section 3 (b) (10) to the word "Accountant" so that Section 3 (b) (10) shall read as follows:
"(10) A balance sheet as of a date not more than 90 days prior to the date of filing, and, if such balance sheet is not certified by an independent certified public accountant as of a date nor more than one year prior to the date of filing unless the fiscal year of the issuer has ended within 90 days to the date of filing in which case the certified balance sheet may be as of the end of the preceding fiscal year." .
2. By deleting the word "in" aft~r the word "forth" in Section 8 (f) and changing the word "finds" in Section 8 (f) to the word "findings" so that Section 8 (f) shall read as follows:
"(f) If the Commissioner does not receive a request for a hearing within the prescribed time he may permit an order previously entered to remain in effect or he may enter a proposed order. If a hearing is requested and conducted as provided in this section, the Commissioner shall issue a written order which shall (i) set forth his findings with

Tl,JESDAY, FEBRUARY 24, 1953

859

respect :to the matters involved and (ii) enter an order in accordance
with his findings."
By ch~nging the word ''our" in Section 10 to the word "or" so that Section 10 will read as follows:
"Section 10. CONSENT TO SERVICE. Where a consent to service of process. is required under this Act, such consent to service of process shall be in the form prescribed by the Commissioner, shall be irrevocable, and shall provide that actions arising out of or founded upon the sale of any securities in violation of this Act may be commenced against the person executing such consent in any court of competent jurisdiction and proper veri.ure within this State, by the service of process or pleadings upon the Commissioner. Service of any such process or pleadings in any such action against a person who has filed a consent to service with the Commissioner shall, if made on the Commissioner, be by duplicate copies, one of which shall be filed in the office of the Commissioner and other immediately forwarded by the Commissioner by registered mail to the person against whom such process or pleadings are directed at his latest address on file in the office of the Commissioner."

The i:ep<irt of the Committee, which was favorable to the passage of the bill,

as amended, 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, as amended.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Sj>eaker:
The Senate has disagreed to the House amendments and respectfully asks that a Committee of Conference be appointed on the following bill of the Senate:

SB 76. By Senator Lord of the 20th:
A Bill to prohibit livestock from running at large or straying upon public roads; to define certain words, phrases and terms; to provide for the impounding, redemption and sale of such livestock and notice thereof; to provide certain fees for the impounding, redemption and sale of such livestock; to provide for disposal, to provide for certain reports; to provide for and maintain a place of impounding livestock; to provide for certain exceptions; to provide an effective date; and for other purposes.
The president has appointed as a committee of conference on the part of the Senate:
Senator Lord of the 20th Senator Moorman of the 6th Senator Wilkes of the 53rd

Under the regular order of business, the following Bill of the Senate was taken up for consideration, and read the third time:

860

JOURNAL OF THE HOUSE,

SB 111. By Senators Callaway of the 35th and Wilkes of the 53rd:
A Bill to be entitled an Act to amend an Act so as to provide a contingent expense allowance for the Attorney General, and for other purposes.

By unanimous consent, further consideration SB 111 was postponed until Wednesday, February 25, 1953, immediately following the period of unanimous consent.
The following Bill of the Senate was taken up for the purpose of considering the Senate disagreement to the House amendment thereto:

SB 76. By Senator Lord of the 20th:
A Bill to be entitled an Act to prohibit livestock from straying at large upon public roads, and for other purposes.

By unanimous consent, the House insisted on its position and appointed as a Committee of Conference on the part of the House, the following members of the House, to-wit: Messrs. Smith of Emanuel, Harrison of Wayne, and Edenfield of Mcintosh.
The following Resolution of the House was read and adopted:

HR 202. By Messrs. Lovett of Laurens, M. Smith of Fulton and others:

A RESOLUTION
WHEREAS, the City of Atlanta, particularly the Police Department and its Chief, Herbert T. Jenkins, has been most cooperative with the Members of the General Assembly during this and previous sessions and
WHEREAS, the good services of Captain W. M. (Buck) Weaver have been made available to the Members of the General Assembly and
WHEREAS, the said Captain W. M. (Buck) Weaver has worked with all the Members in a most patient and wholehearted manner, thereby securing for himself, the Police Department and the City of Atlanta, the respect and esteem of the Members of the General Assembly.
THEREFORE BE IT RESOLVED that this House of Represents. tives, the Senate concurring, does thank the City of Atlanta and Chief
Herbert T. Jenkins for making available the good services of the said Captain W. M. (Buck) Weaver.
BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the Journal of the House and Senate and a copy of said resolution be forwarded to the Mayor of Atlanta, Chief Herbert T. Jenkins and Captain W. M. (Buck) Weaver.

Under the regular order of Business, the following Bills of the Senate were taken up for consideration, and read the third time:

TUESDAY, FEBRUARY 24, 1953

861

SB 21. By Senators Jordan of the 25th and Singleton of the 24th:
A Bill to be entitled an Act to provide a contingent expense allowance for Solicitors General of the Superior Courts, and for other purposes.

Mr. Groover of Bibb moved that further consideration of SB 21 be postponed until November, 1953.
The motion to postpone was withdrawn.
The following amendment was read and adopted:
Mr. Lokey of Fulton moves to amend Senate Bill No. 21 by:
Adding in the caption before the words "and for other purposes", the words "to repeal an Act providing for certain expense allowances for SolicitorscGeneral, approved February 21, 1951 (Ga. Laws 1951, p. 625); to provide for an effective date"; and
Adding a new section to be known as Section 2 to read as follows:
"Section 2. An Act entitled 'An Act to provide for the payment of not more than two thousand dollars ($2,000.00) per annum to each solicitor-general for travel expenses, subsistence, clerical help, telephone calls and other expenses; to repeal conflicting laws; and for other purposes.', approved February 21, 1951 (Ga. Laws 1951, p. 625), is hereby repealed in its entirety.'', and
Adding a new section to be known as Section 3 to read as follows:
"Section 3. This Act shall become effective on April 1, 1953.'', and Renumbering the section now numbered Section 2 as Section 4.

Mr. Willingham of Cobb moved that further consideration of SB 21 be postponed until Wednesday, February 25, 1953, immediately following the period of unanimous consent.

On the motion to postpone, the ayes were 27, nays 86.

The motion to postpone was lost.

. Mr. Groover of Bibb moved that SB 21 be tabled, and the motion was lost.

An amendment offered by Mr. Blalock of Coweta 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, Mr. Groover of Bi,bb 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
Adams of Upson Barber of Jackson
Baughman Bell Bentley Best

Bloodworth Boggus Brannen
Brantley Bray Brazeal Britton

Brooks Byrd Campbell of Oconee Carswell Chastain Clary Cloud

862

JOURNAL OF THE HOUSE,

Coker Connell Deal Dean of Towns Deen of Bacon
Denton Dews Duncan Durham Edenfield Floyd Flynt Foster Freeman Gardner
Geer Gilder Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp
Greer Groover of Bibb
Haar Hale Hall Hamilton Harper Harris Harrison of Jenkins

Harrison of Wayne Hayes Henderson Hodges Holley Hollis Holloway Holton Hurst Ingle Ivey Jackson Jessup Johnson Jordan of Gwinnett Kemp Key King Lanier Lewis Lokey McCracken Matheson Matthews Mishoe Mobley Moore of Pickens Moye
Murphey of Crawford Musgrove Nightingale Phillips of Columbia

Those voting in the negative were Messrs.:

Adams of Evans Ayers Barber of Colquitt Black Blackburn Blalock Bolton Buie Carter Clark Coogle Cornelius Cummings

Dunaway Edwards Frier Garrard Grimsley Groover of Troup Gunter Jones of Lumpkin Jordan of Wheeler Lifsey Lovett McWhorter Mauldin

Potts Ray Register Rowland Russell Rutland Short Sipple of Chatham Sivell Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stewart Strickland Swindle Tallant Tamplin Tarpley Turk Turner Twitty Veal Walker Weems Whitener Wiggins Willingham Willis Young
Mincy Moate
Moore of White 'Murphy of Haralson Murr
Todd Trapnell Tumplin Upshaw Wardlow Watson Williams of Bulloch

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

On the passage of the bill, as amended, the ayes were 115, nays 38.

The bill, having received the requisite constitutional majority was passed, as amended.

TUESDAY, FEBRUARY 24, 1953

863

SB 34. By Senators Coker of the 39th, Brown of the 40th and others:
A Bill to be entitled an Act to provide for the licensing of practical nurses, and for other purposes.

Mr. Mincy of Ware moved that SB 34 be tabled.
. On the motion to table, the ayes were 94, nays 11.
The motion to table prevailed.

SB 53. By Senator Singleton of the 24th:
A Bill to be entitled an Act providing for the registration and license of motor vehicles, and chauffeurs, and for other purposes.

By unanimous consent, SB 53 was tabled.
Under the regular order of business, the following Bill of the Senate was again taken up for consideration:

SB 83. By Senator Adams of the 12th:
A Bill to be entitled an Act to amend an Act so as to provide for the sale of certain produce on Sunday, and for other purposes.

Mr. McWhorter of DeKalb moved that SB 83 be tabled. On the motion to table, the ayes were 21, nays 83.

The motion to table was lost.

Mr. H. Smith of Fulton moved the previous question.

On the motion, the ayes were 76, nays 40.

The motion prevailed.

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

On the passage of the bill, Mr. Rutland of DeKalb 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 Adams of Upson Barber of Jackson Barrett Baughman Black Bloodworth Brannen Brantley Bray Brazeal Britton Byrd

Campbell of Oconee Carter Clark Clary
Coffin Coker Connell Coogle Cornelius
Cowart Deal Dean of Towns Deen of Bacon

Denton Dews Duncan Durham Edenfield Foster Gardner Geer Gilder Gillis Goodson Gowen Graham

864

JOURNAL OF THE HOUSE,

Green of Baldwin Green of Rabun Greer Grimsley Groover of Bibb Gunter Haar Hall Harrell Harris Harrison of Wayne Henderson Hicks Hodges Holley
Hollis Holton Huddleston Hughes Hurst lvey Jackson Jessup
Johnson

Jones of Lumpkin Kemp Key King Lanier Lewis Lifsey Lokey Lovett McCracken Martin Matthews Mauldin
Moate Moore of Pickens Moore of White Murphey of Crawford Murr Musgrove Nightingale Phillips of Columbia
Potts Ray Register

Those voting in the negative were Mes~rs.:

Ayers Bell Bentley Blackburn Blalock Bodenhamer Boggus Buie Carswell Cummings Edwards Frier Garrard Greene of Crisp

Groover of Troup Hale Hamilton Harrison of Jenkins Hayes Holloway Ingle Jordan of Gwinnett Layton McWhorter Matheson Mincy Mobley Moye

Rowland Sipple of Chatham Sivell Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stewart Swindle Tallant Tamplin Trapnell Tumlin Twitty Upshaw Veal Walker Whitener Wiggins Williams of Bulloch Willingham Willis Young
Murphy of Haralson Perkins Russell Rutland Stocks Strickland Tarpley
Todd Wardlow Watson Williams of Tift Wooten

By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 110, nays 40.
The bill, having received the requisite constitutional majority, was passed.
Mr. Tumlin of Bartow requested that the Journal show him as having voted against the passage of SB 83.
Mr. Rutland of DeKalb gave notice that at the proper time he would move that the House reconsider its action in passing SB 83.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

TUESDAY, FEBRUARY 24; 1953

865

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 105. By Messrs. Connell of Lowndes, Greer of Lanier and others:

A Bill to amend an act entitled "An Act to provide revenue and a

source' of revenue for the purpose of paying annities and benefits to the

Peace Officers of the State of Georgia, and for other purposes.

'

The President has appointed a committee of conference on the part of the

Senate: Senators Millican of the 52nd., Carlisle of the 51st and KenlWdY of the

47th.

..

.

Under the regular order of business, the following Bill of the Senate wa!l taken up for consideration, and read the third time:

SB 97. By Senators Walker of the 45th, Clemmons of the 42nd and Dean of the 34th:
A Bill to be entitled an Act to provide a contingent expense allowance to the Comptroller General, and for other purposes.

By unanimous consent, SB 97 was tabled.
The following Bill of the House was again taken up for the purpose of considering the Senate amendment thereto, previously disagreed to:

HB 105. By Messrs. Connell of Lowndes, Greer of Lanier and others:
A Bill to be entitled an Act to amend an Act providing revenue for paying benefits to the Peace Officers, and for other purposes.

By unanimous consent, the House insisted on its position and appointed as a Committee of Conference on the part of the House, the following members of the House, to-wit: Messrs. Connell of Lowndes, Ray of Warren, and Greer of Lanier.

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.

866

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta Georgia. Wednesday, February 25, 1963.

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 Doctor Allen S. Cults, Pastor, First Baptist Church, Metter, Georgia.

By unanimous consent, the call of the roll was dispensed with.
Mr. Ga~ rrard of Wilkes, 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 businet~s during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested local bills and general bills with local application.
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 Bill and Resolutions of the House were read the first time, and referred to the Committees:
HB 648. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend the Charter of the City of Marietta to authorize and create a Parking Authority for the City of Marietta, and for other purposes.
Referred to the Committee on Municipal Government.
HR 203-648a. By Mr. Bentley of Cobb:
A Resolution to compensate T. P. Price and Mrs. T. P. Price, Smyrna Georgia, Cobb County, for injuries and property damage they received in an accident with a State Highway Patrol vehicle, and for other purposes.
Referred to the Committee on Special Appropriation.

WEDNESDAY, FEBRUARY 25, 1953

867

HR 204-648b. By Mr. Tarpley of Union:
A Resolution providing for the creation of a Code Commission to revise the laws of this State, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HR 205-648c. By Mr. H. Smith of Fulton:

A Resolution authorizing payment to Mrs. Olga R. Daniels for medical

expenses, personal damage and property damage, and for other pur-

poses. Referred to the Committee on Special Appropriations.



HB 649. By Mr. Bell of Richmond:
A Bill to be entitled an Act to amend Section 67-2001 of the Code of Georgia of 1933, concerning the creation of liens for work done and materials furnished in building, repairing or improving real estate, by providing that when work or materials for the improvement of real estate is done for or are furnish directly to the true oWner, (rather than done for or furnished to a contractor engaged or employed by the true owner), one who, as a lender or purchaser, acquires an interest in such real estate who shall produce a sworn statement from such owner that the work was.so done, etc.; to repeal conflicting laws, and for other purposes.
Referred to the Committee on General Judiciary # 1.

Mr. Lavender of Elbert 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 644. Do Pass.
Respectfully submitted,
Lavender of Elbert,
Chairman.
Mr. Barber of Colquitt 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SR 29. Do Pass. Respectfully submitted, Barber of Colquitt, Chairman.

868

JOURNAL OF THE HOUSE,

Mr. Barber of Colquitt 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 107-337k.

SR 17.


Respectfully submitted, Barber of Colquitt,

Chairman.

Mr. Brooks of Oglethorpe County, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker:
Your Committee on Special Judiciary has hadunder 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 84. Do Pass.
SB 85. Do Pass.
Respectfully submitted,
Brooks of Oglethorpe,
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 House to-wit:

HR 110. By Messrs. Edenfield of Mcintosh, Gowen of Glynn, Buie of Camden and others:
A Resolution to create a Commission to study the advisability of creating a new department to administer and enforce the Game and Fish Laws in the six tidewater counties of this State; to provide for the membership of such Commission, and for other purposes.

HB 187. By Messrs. H. Smith of Fulton, Twitty of Mitchell and others:
A Bill to amend Section 84-9903 of the 1933 Code of Georgia, so as to provide that the practice of architecture in the State by persons not registered shall be a misdemeanor, and for other purposes.

WEDNESDAY, FEBRUARY 25, 1953

869

HB 331. By Messrs. Hale of Dade, Matthews of Clarke, Jackson of Jones, Kemp of Clayton and others:
A Bill to amend an Act relating to attorney's fees upon notes or other evidence of indebtedness, so as to provide that obligations to pay attorney's fees upon a note or other evidence of indebtedness shall be valid and enforceable under certain conditions, and for other purposes.
HB 337. By Messrs. Williams of Franklin, Jordan of Gwinnett, Bentley of Cobb, and Harris of Bibb:
A Bill to provide for the discharge of temporary administrators, and for other purposes.

HB 338. By Messrs. Williams of Franklin, Jordan of Gwinnett, Brantley of Cobb and Harris of Bibb:
A Bill to limit the time within which application for a year's support may be filed, and for other purposes.
HB 353. By Mr. Hale of Dade:
A Bill to amend Section 27-906 of the Code of Georgia, relating to judgment against bail, so as to authorize the presiding judge to order the scire facias returnable to another term of court, and for other purposes.
HB 378. By Mr. M. Smith of Fulton:
A Bill to define and regulate the business of representing life and health and accident insurance companies, and for other purposes.

HB 408. By Messrs. Gunter and Terrell of Hall:
A Bill to amend an act relating to a review of the judgment of the Ordinary in cases relating to obstructions on private ways, so as to provide for an appeal to the Superior Court, and for other purposes.
HB 445. By Mr. Deal of Bryan:
A Bill to amend an act relating to the time and place of holding the courts of Ordinary in this State, so as to remove the requirement that cases must be .called on the first Monday in the return date of the case, and for other purposes.

HB 474. By Mr. Gardner of Dougherty:
A Bill to provide that a trust may be created to hold title to properties used or useful in furnishing utilities or other services to secure an obilgation to furnish such utilities or services to other property to be benefited by such utilities or services, and for other purposes.

HB 487. By Messrs. Gardner of Dougherty, Hollis of Muscogee and others:
A Bill to provide that the Director of the Crime Laboratory of the Department Public Safety, shall designate one or more licensed physicians

870

JOURNAL OF THE HOUSE,

at convenient locations throughout the State to act as Medical Examiners, and for other purposes.

HB 498. By Mr. Clary of McDuffie: A Bill to create the Big Creek Harts Creek Park Authority; to provide for its jurisdiction, powers and duties, and for other purposes.
HB 544. By Mr. Perkins of Carroll: To amend an act to establish a charter for the City of Carrollton; to prescribe the duties of the Mayor of the City of Carrollton, the clerk, etc., and for other purposes.
HB 565. By Mr. Duncan of Carroll: A Bill to amend an act entitled "An Act to amend, revise, consolidate and supersede the acts incorporating the Town of Bowden", and for other purposes.
HB 566. By Mr. Duncan of Carroll: A Bill to amend an Act relating to taxation by municipal corporations, so as to provide that the Town of Bowden shall not be affected by the provisions of this section, and for other purposes.
HB 569. By Mr. Duncan of Carroll: A Bill to amend an Act entitled "An Act to amend an Act incorporating the City of Carrollton", and for other purposes.

HB 570. By Mr. Duncan of Carroll:
A Bill to amend an Act creating a Charter of the City of Carrollton, and for other purposes.

HB 595. By Mr. Drinkard of Lincoln:
A Bill to amend an Act incorporating the City of Lincolnton, and for other purposes.

HB 596. By Messrs. Murr and Carter of Sumter:
A Bill to revise and consolidate the severat Acts granting corporate authority to the City of Americus, and for other purposes,.

HB 600. By Mr. Williams of Franklin:
A Bill to amend an Act entitled "An Act to incorporate Franklin Springs in the County of Franklin," and for other purposes.

HB 607. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to amend an Act to incorporate the City of Hapeville, and for other purposes.

WEDNESDAY, FEBRUARY 25, 1953

871

HB 612. By Mr. Drinkard of Lincoln:
A Bill to supplement the fees of tax receiver of Lincoln County, and for other purposes.

HB 210. By Mr. Deal of Bryan:
A Bill to be entitled an Act to amend an Act relating to the g1vmg of notice of a petition to probate a will in solemn form, and for other purposes.

The Senate has agreed to the House amendments to the following bills of the Senate, to-wit:

SB 1.

By Senators Edenfield of the 4th, Blitch of the 5th, Kennedy of the 47th, Shepherd of the lOth, Carlisle of the 51st and Coker of the 39th:
A Bill to create the State Toll Bridge Authority; to confer powers and impose duties on the Authority; to provide for appointment of members; to authorize the issuance of revenue bonds, and for other purposes.

SB 59. By Senators Edenfield of the 4th, Dean of the 34th, Kiker of the 41st and Carlisle of the 51st:
A Bill to amend an Act approved March 29, 1937, known as the Unemployment Compensation Law (Georgia Laws 1937) as amended (now Employment Security Law) by providing for special computation dates for possible tax reduction for employers, and for other purposes.

SB 80. By Senators Callaway of the 35th, Brown of the 40th, Dean of the 34th, Redwine of the 26th and others:
A Bill to create the Livestock Development Authority; to provide additional security for private loans to encourage stock farming, pasturage improvement and egg production; to provide for loan insurance certificates; to provide for tax exempt negotiable certificates, and for other purposes.

SB 95. By Senator Edenfield of the 4th:
A Bill to amend the act establishing juvenile courts so as to provide in counties having a population of less than 50,000, the governing authority of the county shall have final approval of all salaries, of all personnel, and for other purposes.

SB 131. By Senator Millican of the 52nd:
A Bill to amend the Act providing for a budget for Fulton County to define the terms "Authorities" and "budget director" to provide for the preparation of the budget by the budget officer; to prescribe methods of computing anticipated revenue; to provide for priority of appropriations, and for other purposes.
SB 136. By Senator Millican of the 52nd:
A Bill to amend the Charter of the City of Atlanta to provide that

872

JOURNAL OF THE HOUSE,

the President of the Board of Aldermen shall serve on such standing committees as he may be appointed by the Mayor, and for other purposes.

SB 137. By Senator Millican of the 52nd:
A Bill to amend Title 36 Chapter 11 of the Code of Georgia so as to provide a method of condemnation of property in cities and counties having a population of more than 250,000, 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 and resolutions of the House to-wit:

HB 537. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to amend an act which provides for the deduction of taxes from gross income, and which has not been clear as to the intent of the General Assembly as to the accural of Federal Income Taxes in enacting amendment to said subsection, and for other purposes.

HB 400. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A Bill to create a Board of Commissioners for DeKalb County, and for other purposes.

HB 532. By Mr. Perkins of Carroll:
A Bill to amend, revise, supersede and consolidate the Acts creating and incorporating the Town of Mount Zion in the County of Carroll, and for other purposes.

HB 608. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to amend an Act establishing a new charter for the City of Atlanta; to exclude from the corporate limits of the City of Atlanta certain described property, and for other purposes.

HR 156. By Messrs. Harris, McKenna and Groover of Bibb:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Bibb County, without cost to said county, certain law books, and for other purposes.

HR 159. By Mr Greene of Crisp:
A Resolution authorizing and directing the State Librarian to furnish certain law books to Crisp County, and for other purposes.

HR 162. By Mr. Weems of Chattooga:
A Resolution to provide certain Supreme Court Reports to Chattooga County, and for other purposes.

WEDNESDAY, FEBRUARY 25, 1953

873

HB 542. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to amend Section 92-3106 (e) of the Code of Georgia of 1933, as amended, which provides for the amount of exemptions allowed trusts and estates, etc., and for other purposes.

By unanimous consent, the following Resolution of the House, favorably reported, was read the 2nd time:

HR 107-337k. By Mr. Lokey of Fulton:
A Resolution compensating Clyde E. Sinyard for damages, 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 644. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to amend an Act so as to establish a procedure for recalling members of the Board of Commissioners of Roads and Revenues of Hall County during the term for which they are elected, and for other purposes.

The report 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 642. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act so as to provide for permanent registration of voters in the City of Loganville, and for other purposes.

The report 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 148. By Senator Redwine of the 26th:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Fayetteville, and for other purposes.

The report 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.

874

JOURNAL OF THE HOI:SE.

SB 79. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act creating a joint city-county board of tax assessors in certain counties, and for other purposes.
The following amendment was read and adopted:
Messrs. Smith, Smith and Lokey of Fulton County move to amend Senate Bill No. 79 in the following particulars:
TO AMEND THE CAPTION BY STRIKING ALL OF THE LANGUAGE:
"so as to provide that the attorney for the City shall be attorney for the Joint City-County Board of Tax Assessors; to provide that either the City or the County may elect to reject the provisions of the law relating to the appeal board and the terms of the Act relating thereto" and substituting in lieu thereof the following language:
"to provide that the legal representation of the Joint City-County Board of Tax Assessors shall be by the City Attorney and the County Attorney and their assistant attorneys, respectively."
TO AMEND BODY OF SAID BILL IN THE FOLLOWING PARTICULARS:
(1) By striking Section 1 of said bill in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. The Attorney for the City and his Assistant Attorneys shall represent the Joint City-County Board of Tax Assessors created by this Act in all the legal business of said Board with reference to the interests of the City therein. The Attorney for the County and his Assistant Attorney shall represent the Joint City-County Board of Tax Assessors created by this Act in all legal business of said Board with reference to the interests of the County therein. The City and County Attorneys and their respective assistants shall represent said Board jointly in all legal proceedings regarding the assessment of property and in any other proceedings in which the Board of any member thereof is involved in his official capacity as Tax Assessor. Said Attorneys and their Assistants shall prepare, when requested to do so, any documents required by said Board and shall furnish written opinions upon subjects submitted by the Board or the members thereof.
(2) By striking Section 2 in its entirety.
(3) By renumbering Sections 3, 4, and 5 of said bill so that same shall be Sections 2, 3, and 4, respectively.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 628. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to create the Habersham Water Authority, and for other purposes.

WEDNESDAY, FEBRUARY 25; i953

875

The report 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 632. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to create the Habersham County Gas Distribution 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 108, 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 Bill of the Senate:

SB 13. By Senator Jordan of the 25th:
A Bill to be entitled an Act to amend an Act relating to. the punishment for hog and chicken stealing, and for other purposes.

By unanimous consent, the following Bill of . the Senate was taken from the ~ble:

SB 129. By Senators Millican of the 52nd, Wilkes of the 53rd and others:
A Bill to be entitled an Act to. provide a uniform method of fixing expense allowances .for certain State officials, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from further consideration:

HB 24. By Messrs. Bell of Richmond, Harrison of Jenkins and others:
A Bill to be entitled an Act to prohibit livestock from straying at large on the public highways, and for other purposes.

The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 537. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend an Act so as to make clear the intention of the General Assembly as to the accrual of Federal Income Taxes for State Income Tax purposes, and for other purposes.
The following Senate amendment was read:
Senate Finance Committee moves to amend HB 537 as follows:
By inserting in the caption thereof in line 9 after the word "dates;" the following:

876

JOURNAL OF THE HOUSE,

"to clarify and to amend subsection (f) of Section 92-3109 of the Code of 1933 as amended, which subsection provides for the deduction of a depletion allowance in the case of mines, oil and gas wells and which has not been clear as to the intent of the General Assembly in enacting said subsection; to declare the intent of the General Assembly in orginally enacting said subsection;"
By adding a new section to be known as Section 1-a to read as follows:
Section 1-a. Subsection (f) of Section 92-3109 of the Code of Georgia as amended is hereby further amended, in order to clarify and express the original intent of the General Assembly, by striking from the end of said section the period and substituting therefor a comma, and by adding after said comma the following:
"but the amount allowed as a deduction for percentage depletion in the case of mines, oil and gas wells, other natural deposits and timber shall be the same depletion as now allowed under Federal Internal Revenue Code Section 23 (m), and the basis for such percentage depletion allowance shall be the same as now provided under Federal Internal Revenue Code Section 114 (b) (3), (4)."
so that said subsection, when so amended, shall read as follows:
"(f) Depreciation and depletion.- A reasonable allowance for the depreciation and obsolescence of property used in the trade or business; and in the case of mines, oil and gas wells, other natural deposits, and timber, a reasonable allowance for depletion; Provided, that after the cost has been recovered or restored through depreci.ation previously allowed for either Federal or State income tax purposes no further deduction shall be allowed. The amount allowed as a deduction for depreciation or depletion shall in no instance exceed the amount so allowed in a return filed with the Federal Government for the same period, but the amount allowed as a deduction for percentage depletion in the case of mines, oil and gas wells, other natural deposits and timber shall be the same depletion as now allowed under Federal Internal Revenue Code Section 23 (m), and the basis for such percentage depletion allowance shall be the same as now provided under Federal Internal Revenue Code Section 114 (b) (3), (4)."
Mr. Ray of Warren moved that the House agree to the Senate amendmeJit.
On the motion to agree, the ayes were 109, nays 0.
The Senate amendment to HB 537 was agreed to.
HB 400. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A Bill to be entitled an Act to create a Board of Commissioners for DeKalb County, and for other purposes.
The following Senate amendment was read:
Senate Dean of 34th moves to amend House Bill No. 400 as follows:
(1) By striking therefrom Section 6 and inserting in lieu thereof the following:
"Section 6. The salary of the Chairman, which shall be a full time position, shall be the salary which is provided by law for the Commis-

WEDNESDAY, FEBRUARY 25, 1953

877

sioner of Roads and Revenues of DeKalb County and shall be paid in the same manner and from the same funds. Board members shall be paid twenty and no/100 ($20.00) Dollars per diem for each day served not in excess of five during any calendar month."
(2) By striking therefrom Section twelve and inserting in lieu thereof the following:
"Section 12. At least 30 days before the beginning of each calendar year, the Board of Commissioners shall elect a Purchasing Agent to serve for the following calendar year and shall by resolution prescribe his duties, which shall include the requirement that all purchases by the County in excess of $1,000.00 shall be made only after public advertisement for and receipt of, at least, two bids. The salary of the Purchasing Agent and any assistance which may be authorized by the Board shall be fixed by the Board. The Purchasing Agent may be removed from office during his turn only by the unanimous action of the Board of Commissioners."
Mr. Turner of DeKalb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 105, nays 0.
The Senate amendment to HB 400 was agreed to.

HR 162-584a. By Mr. Weems of Chattooga:
A Resolution authorizing the State Librarian to furnish certain law books to Chattooga County, and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on General Judiciary moves that House Resolution No. 162-584a be amended by adding to the last paragraph of said resolution the following language:
"provided said funds are available from any unappropriated funds."

Mr. Weems of Chattooga moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 106, nays 0.
The Senate amendment to HR 162-584a was agreed to.

HR 156-547b. By Messrs. Harris, McKenna, and Groover of Bibb: A' Resolution authorizing the State Librarian to furnish certain law books to the Superior Court of Bibb County, and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on General Judiciary moves that House Resolution No. 156-547b be amended by adding to the last paragraph of said resolution the following language:
"Provided said funds are available from any unappropriated funds."
Mr. Harris of Bibb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 107, nays 0.

878

JOURNAL OF THE HOUSE,

The Senate amendment to HR 156-547b was agreed to.
HR 159-578a. By Mr. Greene of Crisp: A Resolution authorizing the State Librarian to furnish certain law books to Crisp County, and for other purposes.
The following Senate amendment was read:
The Committee. of the Senate on General Judiciary moves that House Resolution No. 159-578a be amended by adding to the last paragraph of said resolution the following language:
"provided said funds are available from any unappropriated funds." Mr. Greene of Crisp moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 108, nays 0. The Senate amendment to HR 159-578a was agreed to.

HB 532. By Mr. Perkins of Carroll:
A Bill to be entitled an Act to amend an Act so as to establish a new charter for the Town of Mount Zion, and for other purposes.
The following Senate amendment was read:
Senator Rogers of the 37th asks unanimous consent that the following Amendment to House Bill No. 532, a local bill effecting only the county of Carroll be adopted. To amend HB 532 by adding thereto a new section to be numbered Section 22.
SECTION 22. PROVIDED HOWEVER that thi:5 Act shall not be of force and effect until its has been voted on in a referendum to be voted on by the registered and qualified voters living within one mile in every direction from the center of the dividing line between land Lots No. 213 and 236 in the lOth District of said County of Carroll. This referendum shall be held by the following free holders of Turkey Creek Militia District- Alton Smith, Bill Wright and Emery Ashmore.
The election shall be held on the 3rd Saturday in March, the Polls shall open at 7 o'clock AM and close at 6 PM. Only those voters registered and qualified to vote for the members of the General Assembly who live in the corporate limits of the town of Mt. Zion as set out in this act shall be eligible to vote in this referendum.
It shall be the duty of the election holders to post a notice of such referendum in 3 public places in the town of Mt. Zion at least 10 days before date of such referendum.
Ballots to be used in this referendum shall have printed on them the following:
For incorporation of the town of Mt. Zion, Ga. in order that efforts may be made to secure a water system, natural gas, to secure a local industry and to keep our High School.
Against incorporation of the town of Mt. Zion, Ga. Those favoring incorporation shall make an X in the block by
"For Incorporation" of the town of Mount Zion, Ga.

WEDNESDAY, FEBRUARY 25, 1953

879

Those against incorporation shall make an X in the block by "Against Incorporation" of the town of Mt. Zion, Ga.
If the voters voting in this referendum vote in favor of incorporation, this Act shall be of full force and effect and become law. If they vote against incorporation this Act shall be null and void and shall not become law.
It shall be the duty of the election holders to forward to the Secretary of State at the State Capitol in Atlanta an affidavit signed by all 3 election holders stating the results of said referendum, and listing the number who voted for incorporation and the number who voted against incorporation.
It shall also be the duty of the election holders to post at the Post Office of Mt. Zion, Ga. a notice showing the results of said election.
The 3 election holders named in this Act will be the sole judges of who may vote in this referendum.

Mr. Perkins of Carroll moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 109, nays 0. The Senate amendment to HB 532 was agreed to.

HB 608. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act so as to exclude certain property from the corporate limits of the City of Atlanta, and for other purposes.
The following Senate amendments were read:
Senator Millican of the 52nd moves to amend 608 by adding thereto the following section to be placed immediately preceding the repeal section, said section to be appropriately numbered and the repealing section to be re-numbered:
Section 4. The Municipal Revenue Collector shall give bond and security in an amount to be fixed by the mayor and General Council or the Mayor and Board of Aldermen for the faithful discharge of his duties as Municipal Revenue Collector, Marshal, Tax Collector and Treasurer, in such amount as in their judgment may be sufficient, in no event to be less than $100,000.00. The Mayor and General Council or the Mayor and Board of Aldermen for the faithful discharge of his the bond whenever they may deem it necessary to protect the interest of the City. The liability of any surety or sureties on such bond shall be the same as that of the sureties on the bond of the Treasurer of the State of Geeorgia, to-wit: That the property of such surety on such bond shall be subject to a lien in favor of the City of Atlanta for the full amount of such bond from the date of the execution thereof.
Senator Millican of the 52nd moves to amend House Bill No. 608 by adding thereto, immediately preceding the repealing section of said Bill, the following section, to be appropriately numbered and the repealing section to be renumbered:
Section 3. The Mayor and General Council shall have power, on such terms as it may determine, to sell, trade or exchange; or to trans-

880

JOURNAL OF THE HOUSE,

fer to some other department of the city, three parcels of land of the Atlanta Water Works, located in Land Lot 231 of the 17th District of Fulton County, Georgia, more particularly described as follows:

PARCEL 1.
A triangular piece of property located at the intersection of the new Marietta Expressway (relocated U. S. Highway 41-W) and Bolton Road starting at the intersection of the new Marietta Expre&sway and Bolton Road, a distance of approximately 200 feet west on Bolton Road to the present intersection property line, thence north approximately 200 feet to the right-of-way of the new Marietta Expressway, thence approximately 250 feet along the Expressway right-of-way in a southeasterly direction to the intersection of the Expressway and Bolton Road, the starting point.
PARCEL 2.
A small triangular piece of property approximately 50 feet x 75 feet on Moores Mill Road, N. W. near the intersection of Chattahoochee Avenue. The property starts approximately 75 feet south of the intersection of Moores Mill Road and Chattahoochee Avenue on the east side of Moores Mill Road and extends southwardly down Moores Mill Road a distance of approximately 75 feet, thence at an approximately 45o angle approximately 50 feet east to a point, thence approximately 75 feet at about a 90 angle north to the starting point.
PARCEL 3.
A crescent wedge of property on the east side of Ridgewood Road, N. W. beginning at approximately 300 feet south of the Peachtree Creek Highway Bridge. The property extends approximately 300 feet on the east side of Ridgewood Road to a point, then doubles back at about a 45 angle in a northerly direction a distance of approximately 250 feet to the point of beginning on the east side of Ridgewood Road. The maximum width of this property is approximately 25 feet.

Mr. Lokey of Fulton moved that the House agree to the Senate amendments. On the motion to agree, the ayes were 110, nays 0. The Senate amendments to HB 608 were agreed to.

HB 542. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to be entitled an Act to amend Section 92-3106 of the Code of Georgia which provides for the amount of exemptions allowed trusts and estates, and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB 542 by striking the figures and letter 92-3106 (E) in the caption and in Sections of the Bill wherever they appear and insert in lieu thereof the figures and letter 92-3106 (H).
Mr. Ray of Warren moved that the House agree to the Senate amendment.

WEDNESDAY, FEBRUARY 25, 1953

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 542 was agreed to.

The following Conference Committee Report on HB 105, the Peace Officers Annuity Bill, was read:

MR. PRESIDENT
MR. SPEAKER
on We, the members of Joint Coriference Committee of House and Senate HB
105, known as ;peace Officers Bill, beg to submit foll~wing report:

1. That the House recede from its pmlition an.d 11ccept Senate ~mendment
# 1 which rewrites Section Two.

2. That the House recede. from its position arid accept Senate Amendment
# 2 which strikes a portion of Section Three.

3. That the House recede from its position and .accept Senate Amendment
# 3 which adds the word "be" in line 5 of page 3, and which was evidently left
out of original bill in error.

'

'

4. That both House and Senate recede from its position on Amendment # 4

and in lieu thereof the following be adopted:

"Amend Page 1, Section 1, Line 18, to read:

2-lho/o instead of 2%, and line 19 to read

3-%% instead of 3%, and line 36 to read

2-%% instead of 2%, and line 37 to read

3-lh% instead of 3%.

5. That the House recede from its position and accept Senate Amendment
I 5.

Is/ CONNELL OF LOWNDES Is/ GREER OF LANIER Is/ RAY OF WARREN
On part of the House Is/ CARLISLE OF THE 51st
Is/ KENNEDY OF THE 47th Is/ MILLICAN OF THE 52nd
On part. of the House

Mr. Connell of Lowndes moved that the House adopt the Report.

On the motion, the ayes were 104, nays 1.

The Conference Committee Report on HB 105 was adopted.

Under the regular order of business, the following Bills of the Senate were again taken up for consideration:

SB 129. By Senators Millican of the 52nd, Wilkes of the 53rd and others:
A Bill to be entitled an Act to provide a uniform method of fixing expense allowances for certain State officials, and for other purposes.
The following amendment was read and adopted:

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JOURNAL OF THE HOUSE,

Messrs. Harrison of Jenkins and Lovett of Laurens:
Moves to amend SB 129 by adding a new sentence at the end of sub-section (a) Section 1 to read as follows:
"Provided that only the amount fixed as the first base salary of each official, without the annual increase authorized each four years shall be the base for the payment of compensation for any emeritus positions created by law."
An amendment offered by Mr. Campbell of Oconee was withdrawn.
An amendment offered by Mr. Gunter of Hall was withdrawn.
An amendment offered by Mr. Nightingale of Glynn was withdrawn.
An amendment offered by Mr. McWhorter of DeKalb was withdrawn.
The following amendment was read and adopted:
Mr. Bentley of Cobb moves to amend the caption of SB 129 as follows:
"To allow officials to set salaries of their officials and employees, under certain conditions."

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 3.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 111. By Senators Callaway of the 35th and Wilkes of the 53rd:
A Bill to be entitled an Act to amend an Act so as to provide a contingent expense allowance for the Attorney General, and for other purposes.

By unanimous consent, further consideration of SB 111 was postponed indefinitely.
Under the regular order of business, the following Bill and Resolution of the Senate were taken up for consideration, and read the third time:

SB 40. By Senators Callaway of the 35th and Cheek of the 23rd:
A Resolution renaming the road now known as the Loganville-Bold Springs-Winder Road to Charles S. Floyd 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 104, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, FEBRUARY 25, 1953

883

SB 135. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an .Act levying taxes on certain classes of intangible personal property, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Ways and Means moves to amend SB 135 by striking the date May 1st wherever same appears and substituting in lieu thereof April 15th.

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 1.

The bill, having received the requisite constitutional majority, was passed,

as amended.



By unanimous consent, the following Bill of the Senate was taken from the table:

SB 53. By Senator Singleton of the 24th:
A Bill to be entitled an Act providing for the registration and license of motor vehicles and chauffeurs, and for other purposes.

Under the regular order of business, the following Bill of the Senate was again taken up for consideration:

SB 53. By Senator Singleton of the 24th:
A Bill to be entitled an Act providing for the registration and license of motor vehicles and chauffeurs, and for other purposes.

The report 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.
Under the regular order of business, the following Resolutions of the Senate were taken up for consideration, and read the third time:

SR 29. By Senator Adams of the 12th:
A Resolution compensating Mr. Emory R. Kent for damages, 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.

884

JOURNAL OF THE HOUSE,

SR 17. By Senator Callaway of the 35th:
A Resolution compensating Mrs. Nina Barnes Belcher for damages, 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 Senate was again taken up for consideration:

SB 13. By Senator Jordan of the 25th:
A Bill to be entitled an Act to amend an Act relating to the punishment for hog and chicken stealing, and for other purposes.
The following amendments were read and adopted:
Mr. Adams of Upson moves to amend SB 13 by adding the words "or one turkey or more" after the word "chicken" wherever the same appears in said bill.

Mr. Clary of McDuffie moves to amend SB 13 by adding thereto "peafowl".
An amendment offered by Mr. Conger of Decatur 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 ayes were 112, nays 4.
The bill, having received the requisite constitutional majority, was passed, as amended.
The following Conference Committee Report on SB 76, the Fence Bill, was read:
Mr. President, Your Conference Committee appointed on Senate Bill No. 76 respectfully makes the following report:
The House recedes from its position on Amendment No. 1, which added Section 19 to said Bill, and your Conference Committee has agreed on the following amendments in lieu thereof:
By inserting at the end of Senate Bill No. 76 a new section to be known as Section 19, to read as follows:
"Section 19. In every county of this State not presently having special laws or general laws of local application requiring the confinement and restraint of livestock, or not having adopted by election under Section 62-501 of the Code of Georgia as it existed on February 24, 1953 the 'no-fence law', there shall be held an election on the first Wednesday of July, 1953, at which election the question of adopting the provisions of this Act shall be put to persons qualified to vote in said county for members of the General Assembly. It shall be the duty of the Ordinary of each such county to issue the call for su<;h election and to

WEDNESDAY, FEBRUARY 25, 1953

885

cause notice of the date and purpose of such election to be published once a week for two weeks immediately prior to the date thereof in the official organ of such county. The ballot shall have printed thereon the words:

" 'For adoption in

County of the Act pro-

hibiting livestock from running at large or straying upon public

roads' and

"'Against adoption in

County of the Act

prohibiting livestock from running at large or straying upon public

roads.'

"Those persons voting in favor of the adoption of this Act shall vote for adoption, and those voting for rejection of this Act shall vote against adoption. If a majority of those persons voting in such election vote for adoption of this Act, then it shall become of full force and effect in such county on October 1, 1955.. If a majority of those persons voting at such election vote against the adoption of this Act, this Act shall not become effective in such county, and the question shall be put at the next succeeding general election in like manner, and at each succeeding general election in such county until a majority of the persons voting thereon shall vote for adoption of this Act and the same shall become of full force and effect in such county on October 1, 1955, unless the date of such election is less than twelve months from October 1, 1955, in which event this Act shall become of full force and effect in. such county twelve months from the date of such election. It shall be the duty of the Ordinary to canvass the returns and certify the results of the election, and it shall be his further duty to certify the results thereof to the Secretary of State.''

And by striking Section 15, and inserting in lieu thereof the following Section 15, to read as follows:

"Section 15. The provisions of Section 19 of this Act shall become effective on April 1, 1953. The remaining provisions of this Act shall become effective in every county in this State on October 1, 1955, except in those counties in which an election or elections must be held as provided in Section 19, in which counties the remaining provisions of this Act shall become effective as provided in Section 19.''

Wilkes of 53rd Lord of 20th Warren S. Moorman 6th Smith of Emanuel Harrison of Wayne Edenfield of Mcintosh

Mr. Harrison of Jenkins moved that the House adopt the Report.
On the motion, the ayes were 103, nays 0. The Conference Committee Report on SB 76 was adopted.
Under the regular order of business, the following Bills of the Senate were taken up for consideration, and read the third time:

886

JOURNAL OF THE HOUSE,

SB 84. By Senator Hall of the 15th:
A Bill to be entitled an Act to amend an Act relating to the title necessary to maintain an action for trespass as to land, and for other purposes.

The report 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 85. By Senator Hall of the 15th:
A Bill to be entitled an Act to amend an Act 1elating to the basis of title upon whi!!h a plaintiff in ejectment must recover, and for other purposes.
The following amendment was read and adopted:
Mr. Groover of Bibb moves to amend SB 85 by adding a new section to be appropriately numbered and to read as follows: "This Act shall not affect pending lawsuits".

The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.

On th~ passage of the bill, as amended, the ayes were 111, nays 0.

The bill, having received the requisite constitutional majority, was passed,

as amended.



Mr. Twitty of Mitchell nioved that the House do now recess until 1 :00 o'clock this afternoon, and the motion prevailed.

The Speaker announced the House recessed until 1:00 o'clock 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 has adopted a report of the Committee of Conference on the following bill of the Senate:

SB 76. By Senator Lord of the 20th:
A Bill to prohibit livestock from running at large or straying upon public roads; to define certain words, phrases and terms; to provide for the impounding, redemption and sale of such livestock and notice thereof; to provide certain fees for the impounding, redemption and sale of such livestock; to provide for disposal, to provide for certain reports; to provide for and maintain a place of impounding livestock; to provide for certa.in exceptions; to provide an effective date, and for other purposes.

WEDNESDAY, FEBRUARY 25, 1953

887

The following Resolutions of the House were read and adopted:

HR 206. By Mr. Kemp of Clayton:

A RESOLUTION
BE IT RESOLVED by the House of Representatives that the Speaker of the House and such members of his office personnel as he might require 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 th~ 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 ( 1.4) 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 herein 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 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 committees from the members of the House of Representatives to serve as a legislative investigating committee or for other necessary business for the State during the time that the legislature is not in session. Said committees 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 any business of the State, when deemed necessary within the discretion of the Speaker of the House of Representatives.
All the above named persons, who are authorized to remain over for the unfinished business of the House, shall receive the same compensation as they received during the session. The interim Committees

888

JOURNAL OF THE HOUSE,

shall be paid the regular per diem, allowances and expenses authorized by law for traveling committees.

HR 207. By Mr. Parker of Baldwin:

A RESOLUTION
To extend to the members of the General Assembly and to the Governor of this State an invitation to attend the sesquicentennial celebration of the City of Milledgeville; and for other purposes.
WHEREAS, The City of Milledgeville in Baldwin County will hold its sesquicentennial celebration from the third day of May 1953, through the sixth day of May 1953, and
WHEREAS, said City of Milledgeville was the first permanent site of the capital of the great State of Georgia
NOW, THEREFORE, Honorable Arnold Parker and Honorable Robert H. Green, Representatives to the General Assembly from Baldwin County hereby extend to his Excellency, the Governor of the State of Georgia, and to all the members of this General Assembly a cordial invitation to attend and take part in said sesquicentennial celebration.

HR 208. By Messrs. Rowland of Johnson, Hicks of Floyd, and Freeman of Monroe:
RESOLUTION, Memorializing the Congress of the United States to enact legislation which will return to the several states amounts collected as Unemployment Tax by the Federal Government in excess of grants for administration costs to the unemployment insurance and employment service program.
WHEREAS, The several states are responsible by law for administration of the unemployment insurance and employment service program; and
WHEREAS, The Federal government levies a pay roll tax of threetenths of one per cent on employers of eight or more persons to pay the administrative costs of such State programs; and
WHEREAS, The Federal Government.has collected since 1937 from Georgia employers for the administration of such program over six million dollars more than has been returned to the State, while the amounts returned to Georgia have been grossly inadequate to provide flexible administration; and
WHEREAS, Each state is limited to the amount allowed it by the Federal Government with the excess of such tax being diverted for purposes other than intended; and
WHEREAS, An inadequate operating fund restricts service to job seekers in finding work and to employers seeking workers, makes exceedingly difficult prompt detection of fraudulent benefit claims, hinders activities to prevent tax evasions, impairs effectiveness of control over disbursements from the unemployment insurance fund, and circumscribes the fulfilment of the objectives of the entire program; now, therefore, be it

WEDNESDAY, FEBRUARY 25, 1953

889

RESOLVED, That the Congress of the United States be and hereby is respectfully memorialized to enact legislation which will
1. Earmark the taxes collected under the Federal Unemployment 'fax Act for the purposes of the Employment Security Program in each state.
2. Make reasonable provisions assuring all states equitable participation in the allotment of such funds:
3. Transfer to the states for use in the employment security program any excess over the amounts allocated by the Federal administrative agencies with full responsibility resting on each state agency for the proper use thereof; and be it further
RESOLVED, That copies of this resolution be transmitted to the Secretary of the Senate of the United States; the Clerk of the House of Representatives of the United States, the Chairman of the Committee on Ways and Means of the House of Representatives, the Chairman of the Committee on Appropriations of the House of Representatives, the Chairman of the Finance Committee of the Senate of the United States, the Chairman of the Committee on Appropriations of the Senate of the United States, and each member of the Congress from the State of Georgia.

HR 209. By Mr. Potts of Coweta:

A RESOLUTION
Commending Senator Richard B. Russell and Senator Milton R. Young for introducing legislation extending the present farm price support law, and urging all members of the Georgia Congressional Delegation to aid in the passage of this bill; and for other purposes.
WHEREAS, the present farm price support law is at ninety per cent of parity; and
WHEREAS, said support law gives the farmer a fair return on his crops in relation to his purchasing power, an~ ~md- to !<tablize prices of farm products; and
WHEREAS, the present support law expires in December bJ4; and
WHEREAS, the general public is uncertain as to the farm price support policy to be followed by the present Federal administration; and
WHERAS, the Honorable Richard B. Russell, distinguished Senator from Georgia, and the Honorable Milton R. Young, distinguished Senator from North Dakota, have introduced legislation extending the present price support law three years beyond 1954; and
WHEREAS, an extension of said parity law is desirable for the farmers of Georgia;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that all members of the Georgia Congressional Delegation be urged and requested to exert all efforts possible to effect the passage of the Russell-Young bill; and
BE IT FURTHER RESOLVED that Senator Richard B. Russell

890

JOURNAL OF THE HOUSE,

and Senator Milton R. Young be hereby commended for introducing this bill.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives send a copy of this Resolution to the President of the United States, to Senator Young and Senator Russell, to each member of the Georgia Congressional Delegation, and to the presiding officers of the United States Senate and House of Representatives.

HR 210. By Messrs. Greer of Lanier and Twitty of Mitchell:
A RESOLUTION
WHEREAS, the House of Representatives has passed a proposed Constitutional Amendment calling for a session of the Legislature every year; and
WHEREAS, the division of the days of said session will be a matter for the Legislature to determine; and
WHEREAS, members of the Legislature and the general public have recognized for years that the committee meeting system of the Legislature is outdated, very confused, and works a great hardship both on the public and on the members of the Legislature;

NOW THEREFORE BE IT RESOLVED:
1. That a committee of five members of the House of Representatives be appointed by the Speaker of the House to represent and report back in November on the following facts:
2. That this committee study proposals to establish a systematic and orderly method of holding committee meetings;
3. That this committee make proposals and recommendations to the House of Representatives in November calling for a better system of committee meetings;
4. That this committee explore all possibilities for committee meetings including the question as to whether the House should split its time between committee meetings and voting sessions, and whether the House should seek permanent meeting rooms for its committees in order to promote more orderly conduct of committee business;
5. That this committee recommend to the House a proposal for reducing the number of committees in the House.
6. That this committee be empowered to study this question and shall be allowed fifteen days on regular per diem and expenses as other interim committees shall draw.

HR 211. By Messrs. Matthews of Clarke, Veal of Putnam, and others:

A RESOLUTION
WHEREAS, fourteen Georgia 4-H Club Members were National Winners at the Chicago Convention for the year 1952, and

WEDNESDAY, FEBRUARY 25, 1953

891

WHEREAS, this gave Georgia the largest number of National Winners of any State in the Union, and
WHEREAS, these outstanding boys and girls through their significant farm and home achievements have brought outstanding honor and recognition to their native State, and
WHEREAS, it will bring in the future a balanced and profitable agricultural foundation for the people of this State, and
WHEREAS, there are more than 12,000 volunteer adult advisers and consultants who have aided and guided the use of this State to great achievement through the 4-H program.
NOW, THEREFORE BE IT RESOLVED that the House of Representatives;
(1) Extend heartiest congratulations of this Body to each and everyone of the fourteen National Winners on their ou.tstanding accomplishments and fine recognition of their State.
(2) To express especially to more than 12,000 volunteer workers, appreciation for their devotion and guidance to the youth of our State and to the parents of all 4-H children for their encouragement to their children in this program to have better farms and homes and a stronger and more prosperous agricultural state for the .future.
(3) We wish to extend to the Home Demonstration Agents, County Agents, Agricultural Extension Service and to the University of Georgia, our appreciation for the splendid program which is showing such excellent results on a nationwide competitive basis.
NOW, THEREFORE BE IT RESOLVED, that a copy of this Resolution be sent to the 4-H Club Director, 4-H Club at Rock Eagle in Putnam County, Georgia, to the President of the University of Georgia, and to the Director of the Agricultural Extension Service.

HR 212. By Mr. Gillis of Treutlen:

A RESOLUTION

That the Speaker of the House be' authorized to appoint a sub-

committee to consist of not more than 12 members of the Conservation

Committee of the House to visit, inspect, study, compile information and

make report and recommendations concerning the soil conservation and

experiment stations of this state, said visit, study and inspection not

to exceed 10 days in number, and the .members and chairman of such

sub-committee shall receive regular legislative per diem and expenses

during such period of time.



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 38. By Senator Wilkes of the 53rd:
A Resolution creating a Committee to study and consider whether sales and use taxes should apply to industrial materials, and for other purposes.
The resolution was adopted:

892

JOURNAL OF THE HOUSE,

HR 192. By Mr. Rowland of Johnson:
A Resolution authorizing the appointment of a committee to study the present Georgia Workmen's Compensation Act, and for other purposes.
The following amendment was read and adopted:
Mr. Best of Clay moves to amend HR 192 by adding the name of Rep. Emory Rowland of Johnson County, Chairman of the Committee on Industrial Relations to the sub-committee provided for in the resolution.
The resolution, as amended, was adopted.

HR 194-639b. By Mr. Bell of Richmond:
A Resolution authorizing the Committee of the House on Training Schools to visit the various institutions within the State, and for other purposes.

The resolution was adopted.

HR 196-639d. By Mr. Edenfield of Mcintosh:
A Resolution authorizing the appointment of a sub-committee of the Committee of the House on Game and Fish to visit facilities for the propagation and preservation of the game and fish of this State, and for other purposes.

The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 23, nays 81.
The resolution was lost.
Mr. Tumlin of Bartow gave notice that at the proper time he would move that the House reconsider its action in failing to adopt HR 196-639b.

HR 195-639c. By Messrs. Hall of Floyd, Green of Rabun and others:
A Resolution authorizing the appointment of a committee to study the Georgia educational system, and for other purposes.

The resolution was adopted.

SR 25.

By Senator Brown of the 40th: A Resolution requesting the State Highway Department to take measures to prevent erosion on the shoulders of highways, and for other purposes.

The resolution was adopted.
HR 91-298c. By Messrs. Dunaway and Cornelius of Polk: A Resolution authorizing the appointment of a committee to study the activities of the Communist Party in Georgia, and for other purposes.
The resolution was lost.

WEDNESDAY, FEBRUARY 25, 1953

893

Mr. Dunaway of Polk gave notice that at the proper time he would move that the House reconsider its action in failing to adopt HR 91-298c.
By unanimous consent, the House reconsidered its action in failing to adopt the following Resolution of the House:

HR 196-639d. By Mr. Edenfield of Mcintosh:
A Resolution authorizing the appointment of a sub-committee of the Committee of the House on Game and Fish to visit facilities for the propagation and preservation of the game and fish of 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 agreed to the House amendments to the following bills of the Senate:

SB 13. By Senator Jordan of the 25th:
A Bill to amend Code Section 26-2611 relating to the punishment for hog stealing so as to provide for imprisonment in the Penitentiary for not less than two nor more than four years, and for other purposes.

SB 21. By Senators Jordan of the 25th and Singleton of the 24th:
A Bill to provide a contingent expense allowance from the State Treasury for judges and solicitors general of the superior courts in the amount of $200 per month, and for other purposes.

SB 129. By Senators Millican of the 52nd, Wilkes of the 53rd, Callaway of the 35th; Campbell of the 31st and Jordan of the 25th:

A Bill to direct the peace officers annuity and benefit funds to pay

,

to the attorney general $250.00 annually for services rendered, and for

other purposes.

SB 132. By Senator Millican of the 52nd:
A Bill to provide that the Secretary of State of Georgia shall be the commissioner of securities of this State; to define and classify securities and regulate the sale thereof; to provide for the license of dealers in securities, their agents and salesmen; to provide for the registration for the sale of securities in this State; and for other purposes.

SB 135. By Senator Millican of the 52nd:
A Bill to amend the intangible tax act by providing that intangible tax returns shall be made on or before May 1st of each year, and for other purposes.

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

894

JOURNAL OF THE HOUSE,

Mr. Speaker:
The Senate has adopted a report of the Committee of Conference on the following bill of the House:
HB 105. By Messrs. Connell of Lowndes, Greer of Lanier and others:
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, a:nd 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 471. By Mr. Hollis of Muscogee:
A Bill approved February 12, 1952, entitled an Act to provide a uniform system for the registration of marriages, divorces, annulments of marriages; to repeal all laws and parts of laws in conflict with this Act, and for other purposes.

The Senate has agreed to the House amendment to the following bill:

SB 85. By Senator Hall of the 15th:

A Bill to amend Section 33-101 of the Code relating to the basis of

title upon a plaintiff in ejectment must recover by providing that in all

pending actions and actions hereafter brought where the proof shows

wild land is in issue where neither the plaintiff nor the defendant proves

possession in one of the grantors in his chain of title, then the party

having the better record or paper title shall recover, and for other pur-

'

poses.

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 278. By Mr. Edenfield of Mcintosh:
A Bill to amend an Act relating to the administration of the food and drug Acts of the State by the Commissioner of Agriculture, and for other purposes.

HB 381. By Mr. Conger of Decatur:
A Bill to amend an Act relating to inspection fees and tax stamps for concentrated commercial feeding stuffs, so as to provide for the issuance

WEDNESDAY, FEBRUARY 25, 1953

895

of permits authorizing a report in lieu of such tax stamps, and for other purposes.

HB 433. By Messrs. Brantley and Adams of Upson:
A Bill to provide for the terms of office of the members of the Board of Commissioners of Roads and Revenues of Upson County, and for other purposes.

HB 435. By Mr. Nightingale of Glynn:
A Bill to amend an Act relating to the definition of "Employer" and "Employee", so as to include Firemen and policemen in the term "Employee", etc., and for other purposes.

HB 464. By Mr. Sipple of Chatham:
A Bill to amend Section 32-706 of the Code of Georgia of 1933, relating to instructions in schools and colleges sustained by public funds, so as to provide for instructions in the History of the United States, and for other purposes.

HB 508. By Messrs. Green and Parker of Baldwin; Chastain of Thomas and Jackson of Jones:
A Bill to provide compensation to employees of Institutions, Agencies, or Departments of the State charged with the care, treatment, or diagnosis of persons infected with tuberculosis while in the employ of such Institution, Agency or Department, and for other purposes.

HB 524. By Mr. Freeman of Monroe:
A Bill to provide that the income tax returns of all persons serving in the armed forces of the United States between January 1, 1950 and the termination of the Korean Conflict shall be computed or recomputed so as to allow a deduction from the gross income for any year of so much of the compensation for such services as does not or did not exceed $1500.00 in addition to all other deductions allowed by law, etc., and for other purposes.

HB 534. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to amend Subsection (a) of Section 92-3107 of the Code of Georgia of 1933 as amended, which relates to and defines gross income, etc., and for other purposes.

HB 535. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to amend an Act in order to provide that the amount of income a beneficiary of a trust may receive from said trust before disallowing said beneficiary as a dependent shall be the same amount as allowed any dependent to receive, as taxable gross income, before disallowing said dependent, and for other purposes.
HB 536. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to amend an Act relating to the rate of income tax on corpora-

896

JOURNAL OF THE HOUSE,

tions, to eliminate the alternative tax rate of 2 per cent, after 'disallowing all compensation of officers and stockholders in excess of $10,000.00, and for other purposes.

HB 538. By Messrs. Lokey of Fulton and Ray of Warren:
A Bill to amend subsection (m) of Section 92-3109 of the Code' of Geor-
gia, relating to deduction of net operating losses from gross income, and which subsection has not been clear as to the limit to which such loss may he carried, in order to show the original intent .of the General Assembly as to such limit, and to further amend said subsection to limit the time when interest shall begin on a refund resulting from the carrying back of such losses, etc., and for other purposes.

HB 539. By Mr. Ray of Warren:
A Bill to amend an Act known as the General Tax Act, making certain change in the license or occupation tax relating to corporations; etc., and for other purposes.

HB 540. By Mr. Ray of Warren:
A Bill to amend an Act which provides for the payment of tax, :r:eports of foreign corporations, and excepts certain companies by striking from said paragraph 2 the words "or to sewing machine companies", and for other purposes.

HB 541. By Mr. Ray of Warren:
A Bill to amend an Act which provides for a tax on foreign corporations, in addition to all other taxes now required by law, for the privilege of carrying on business within this State, and for other purposes.

HB 562. By Mr. Hollis of Muscogee:
A Bill to amend Section 3 (c) 2 of an Act known as the Georgia Retailers' and Consumers' Sale and Use Tax Act (Ga. Laws 1951, p. 360), which section provides for what shall not be included within the meaning of the terms of "sale at retail", "use", "storage", and "consumption", and for other purposes.

HB 564. By Messrs. McGee and Haar of Chatham:
A Bill to amend an Act known as the Hospital Authorities Law by providing that where the construction or operation of a hospital is sponsored by a county, a municipality located in such county may contract with hospital authority for the care of indigent sick and injured people residing in said municipality, etc., and for other purposes.

HB 614. By Messrs. Lavender of Elbert, Best of Clay, Chastain of Thomas and Green of Baldwin:
A Bill to provide that any person who is a legal resident of Georgia, and who is committed to the Milledgeville State Hospital by the courts of the State, may be maintained free of charge by said hospital, and for other purposes.

WEDNESDAY, FRIDAY 25, 1953

897

HR 8.

By Mr. Greene of Crisp:
A Resolution to compensate the Strickland Motor Company of Cordele, <,;eorgia for repairs made on an automobile damaged when commandered by a guard in the employ of the State for pursuit of an escaped State prisoner, and for other purposes.

HR 18. By Messrs. Bodenhamer and Williams of Tift:
A Resolution proposing to the qualified voters of Tift County an amendment' so as to proyide that all of Tift County shall comprise Ol)e school district, etc., and for other purposes.

HR 48. By Mr. Deen of Bacon:
A Resolution proposing an amendment to the Constitution authorizing the City of Alma to levy a tax not to exceed one mill for the purpose of creating and setting aside a fund to be used in assisting, or promoting and encouraging the location. of new industries in the City of Alma, and for other purposes.

HR 49. By Mr. Deen of Bacon:
A Resolution proposing an amendment to the Constitution authorizing Bacon County to levy a tax not exceeding one mill for the purpose of creating and setting aside a fund to be used in assisting, promoting and encouraging the location of new industries in Bacon County, and for other purposes.

HR 5'(. By Messrs. Gunter and Terrell of Hall:
A Resolution compensating the White Music Company for damage caused to said Company's truck by a truck belonging to the Department of Corrections of the State of Georgia, and for other purposes.

HR 59. By Messrs. Strickland of Brantley and Deen of Bacon:
A Resolution authorizing the payment of $238.89 to B. T. Raulerson of Hortense, Georgia, as compensation for expense incurred by him as a result of an accident on State Route No. 32 with a State Highway Department truck, and for other purposes.

HR 60. By Messrs. Strickland of Brantley and Deen of Bacon:
A Resolution to compenstate Mr. Albert Thomas for damages to his truck which was caused by an employee of the State Highway Department, and for other purposes.

HR 74. By The Clerk's Office:
A Resolution to compensate Mrs. Laura M. Walker and H. E. Hartsfield for damages, and for other purposes.

HR 87. By Mr. Harrison of Wayne:
A Resolution to compensate Donald R. Waters, Route 1, Odum, Georgia for the loss of a hog, and for other purposes.

898

JOURNAL OF THE HOUSE,

HR 100. By Mr. Moore of White:
A Resolution authorizing the Governor to acquire for the expansion of the State Parks System certain lands in Towns and White Counties, and for other purposes.

HR 116. By Messrs. Holton and Hayes of Coffee:
A Resolution proposing an amendment to the Constitution authorizing Coffee County to levy a tax not exceeding one-half mill on all of the taxable property, etc., and for other purposes.

HR 123. By Messrs. Ayers of Madison and Lavender of Elbert:
A Resolution to compensate Mr. C. A. Burris for damages to his automobile, and for other purposes.

HR 130. By Messrs. Hayes and Holton of Coffee:
A Resolution proposing an amendment to the Constitution so as to provide for the merger of the existing independent school system and district of the City of Douglas with the existing school district of Coffee County, and for other purposes.

HR 131. By Messrs. Hayes and Holton of Coffee:
A Resolution proposing an amendment to the Constitution of Georgia so as to provide for the election of a Superintendent of the Coffee County Schools by the Coffee County Board of Education, and for other purposes.

HR 138. By Messrs. Stephens and Matthews of Clarke:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly of Georgia shall be authorized to pass a special act or acts to effectuate the merge of the existing independent school system known as the Board of Education of Athens, Georgia, Clarke County, and for other purposes.

HR 144. By Mr. Stewart of Echols:
A Resolution proposing an amendment to the Constitution so as to provide for the division of Echols County into School Districts, and for other purposes.

HR 158. By Messrs. Perkins and Duncan of Carroll:
A Resolution authorizing the establishment of a State Park on certain lands in Carroll County, and for other purposes.

HR 160. By Mr. Rutland of DeKalb:
A Resolution authorizing compensation to Mr. B. M. Boyd for damages to his automobile, and for other purposes.

WEDNESDAY, FRIDAY 25, 1953

899

HR 164. By Messrs. Ray of. Warren and Mobley of Burke:
A Resolution to provide for the appointment of a joint committee of the House of Representatives and the Senate to investigate and conduct a study of the need and desirability of the establishment and creation of a State Warehouse System and to draft suitable legislation in conformance with their finds and conclusions, and for other purposes.
HR 168. By Mr. Duncan of Carroll:
A Resolution to clarify and state the intention of the General Assembly of Georgia in defining the word "Literature," in House Bill 247 known and entitled an Act to provide for the Creation of a State Literature Commission, etc., and for other purposes.
HR 171. By Messrs. Register of Lowndes, Lewis of Greene and many others:
A Resolution appointing a committee to survey the problems involved in the construction of a new Governor's Mansion, and for other purposes.

HR 195. By Messrs. Hall of Floyd, Green of Rabun and others:
A Resolution providing for the appointment of a committee to study the Georgia educational system, and for other purposes.

HR 202. By Mr. Lovett of Laurens and others:
A Resolution resolving that the Members of the General Assembly extend to the Mayor of Atlanta and to Chief Herbert T. Jenkins their appreciation for making available the good services of Captain W. M. (Buck) Weaver.

HR 209. By Mr. Potts of Coweta:
A Resolution commending Senator Richard B. Russell and Senator Milton R. Young for introducing legislation extending the present farm price support law, and urging all members of the Georgia Congressional Delegation to aid in the passage of this bill, and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 471. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act providing for a uniform system for the registration of marriages, and for other purposes.
The following Senate amendment was read:
Committee amends HB No. 471 as follows: By striking in its entirety Section Three (3) and substituting in lieu thereof the following:
"Any person who violates any of the provisions of this Act, or refuses to perform any of the duties imposed upon him by this Act, shall constitute a misdemeanor, and fined not more than $25.00."
Mr. Twitty of Mitchell moved that the House agree to the Senate amendment.

900

JOURNAL OF THE HOUSE,

On the motion to agree, the ayes were 111, nays 0.
The Senate amendment to HB 471 was agreed to.
Under the regular order of business, the following Resolution of the House was again taken up for consideration:

HR I96-639d. By Mr. Edenfield of Mcintosh:
A Resolution authorizing the appointment of a sub-committee of the Committee of the House on Game and Fish to visit facilities for the propagation and preservation of the game and fish of this State, and for other purposes.

The following substitute, offered by Messrs. Edenfield of Mcintosh and Best of Clay, was read and adopted:

A RESOLUTION
That the Speaker of the House be authorized to appoint a sub-committee to consist of not more than 15 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 10 days in number, and the members and chairman of such sub-committee shall receive regular legislative per diem and expenses during such period of time.
The resolution was adopted, by substitute.
His Excellency, the Governor appeared upon the floor of the House and thanked the members for their spirit of cooperation.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
I am instructed by the Senate to request that the Clerk of the House of Representatives return House Bill 471 to the Senate for the purpose of further amending same.
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 459. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to amend an Act giving the Solicitor-General of the Augusta Judicial Circuit the power to appoint a clerk for said solicitor-general's office, and for other purposes.

WEDNESDAY, FRIDAY 25, 1953

901

HB 470. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to amend the charter of the City of Atlanta so as to repeal Section 19-506, Code, City of Atlanta, relating to the purchase of a site for the City Hall, and for other purposes.

HB 485. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to provide for the retirement of the Judges and the Solicitor General of the Criminal Court of Fulton County, and for other purposes.

HB 521. By Messrs. Willis and Chastain of Thomas:
A Bill to amend an Act abolishing the office of Treasurer of Thomas County, and for other purposes.

HB 527. By Mr. Gillis of Treutlen:
A Bill to supplement the fees of the Ordinary of Treutlen County, and for other purposes.

HB 528. By Mr. Gillis of Treutlen:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Treutlen, and for other purposes.

HB 529. By Messrs. Graham, Bell and Holley of Richmond:
A Bill 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, the Clerk of the Superior Court, and for other purposes.

HB 530. By Mr. Gillis of Treutlen:
A Bill to supplement the fees of the Tax Commissioner of Treutlen County, and for other purposes.

HB 576; By Messrs. Williams and Trapnell of Bulloch:
A Bill to amend an Act to provide a salary in lieu of the fee system for the Clerk of the Superior Court in counties of 26,500 inhabitants, and for other purposes.

HB 577. By Messrs. Williams and Trapnell of Bulloch:
A Bill to amend an Act to abolish the office of Tax Receiver and Tax Collector and creating the office of Bulloch County Tax Commissioner, and for other purposes.

HB 597. By Mr. Land of Wilkerson:
A Bill to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues of Wilkinson County", and for other purposes.

902

JOURNAL OF THE HOUSE,

HB 599. By Mr. Jones of Worth:
A Bill to amend an Act which act established a city court of the City of Sylvester, in Worth County, and for other purposes.

HB 601. By Mr. Williams of Franklin:
A Bill to create the office of Commissioners of Roads and Bridges and a Board of Finance for Franklin County, and for other purposes.

HB 604. By Mr. Harrison of Wayne:
A Bill to repeal the present charter for the City of Odum, and for other purposes.

HB 605. By Mr. Sievens of Marion:
A Bill to abolish the office of county treasurer of Marion County; to transfer the duties of the office of Treasurer to the Board of Commissioners of said County, and for other purposes.

HB 609. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to amend the City Charter of Augusta so as to provide for the pension rights of certain transferred employees from one Department to another, and for other purposes.

HB 610. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to amend an Act to amend the pension law of the Board of Health of Richmond County, and for other purposes.

HB 611. By Messrs. Williams and Trapnell of Bulloch:
A Bill to amend an act creating a Board of Commissioners of Roads and Revenues for Bulloch County, and for other purposes.

HB 615. By Mr. Denton of Paulding:
A Bill to amend an act creating the office of Tax Commissioner of Paulding County, and for other purposes.

HB 617. By Mr. Holloway of Gilmer:
A Bill to amend an Act creating the office of County Commissioners and an Advisory Board of Gilmer County, and for other purposes.

HB 619. By Mr. Short of Colquitt:
A Bill to establish an airport authority for Colquitt County to be known as "Colquitt County Airport Authority", and for other purposes.

HB 621. By Messrs. Jordan and White of Gwinnett:
A Bill to amend an Act entitled "An Act to establish the City Court of Buford", and for other purposes.

WEDNESDAY, FRIDAY 25, 1953

903

HB 622. By Mr. Lanier of Candler:
A Bill to amend an Act relating to the compensation of the members of the County Boards of Education, so as to increase such compensation, and for other purposes.

HB 623. By Mr. Lovett of Laurens:
A Bill to amend an Act creating a new charter for the City of Dublin, relating to the assessed valuation of farm lands and other lands, and for other purposes.

HB 625. By Messrs. McKenna, Harris and Groover of Bibb:
A Bill to amend an Act to re-enact the charter of the City of Macon, and for other purposes.

HB 627. By Messrs. Gardner and Watson of Dougherty:
A Bill to provide compensation in addition to fees for the Tax Collector of Dougherty County, and for other purposes.
HB 547. By Mr. Freeman of Monroe:
A Bill to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Monroe County into the office of Tax Commissioner, and for other purposes.

Mr. Speaker,
The Senate has adopted the House Substitute to the following bill of the Senate: to-wit:

SB 34. By Senators Coker of the 39th, Brown of the 40th, Cates of the 17th and Holt of the 54th:
A Bill to repeal Section 84-1016 of the Code of Georgia relating to practical nurses; to provide for the licensing of practical nurses; to provide for qualifications, examinations and fees; to provide for procedures connected therewith; to provide for penalties; to repeal conflicting laws, and for other purposes.

The Senate has agreed to the House amendment to the following bill of the Senate: to-wit:

SB 79. By Senator Millican of the 52nd:
A Bill to amend the Act creating a joint city-county board of tax assessors in counties having a population of 300,000 or more so as to provide that the city attorney shall be attorney for the joint city-county board; to authorize the city or county to reject the provisions relating to the appeal board, and for other purposes.

By unanimouns consent, the following Bill of the House was taken from the table:

904

.JOURNAL OF THE HOUSE,

SB 34. By Senators Coker of the 39th, Brown of the 40th and others:
A Bill to be entitled an Act to provide for the licensing of practical nurses, and for other purposes.

Under the regular order of business, the following Bill of the Senate was again taken up for consideration:

SB 34. By Senators Coker of the 39th, Brown of the 40th and others:
A Bill to be entitled an Act to provide for the licensing of practical nurses, and for other purposes.

The following substitute, offered by Mr. Mincy of Ware, was read and adopted:

A BILL
To be entitled an Act to repeal Section 84-1016 of the Code of Georgia relating to practical nurses; to provide for the licensing of practical nurses; to provide for qualification, examinations and fees; to provide for procedures connected therewith; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THIS GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.
Section 84-1016 of the Code of Georgia, which reads as follows: "The provisions of this Chapter shall not affect nurses known as practical nurses, not holding themselves out to be either graduate or undergraduate nurses within the meaning of this Chapter.", is hereby repealed in its entirety.
SECTION 2.
No person shall engage in practice as a licensed practical nurse without obtaining a license as hereinafter provided. All applicants for a license to practice as a practical nurse shall make application through the Joint Secretary of the State Examining Boards. An applicant for such license shall submit to the Board of Practical Nurse Examiners of Georgia written evidence, verified by oath, and that the applicant is at least eighteen years of age, is of good moral character, is in good physical and mental health, is a citizen of the United States, has completed at least two years in high school or the equivalent thereof which is satisfactory to the board, and has successfully completed the course of training for practical nurses approved by the board.
SECTION 3.
Applicants shall be required to pass an examination, oral, written or practical, or any combination thereof prescribed by the board, and upon successfully passage thereof shall be issued a license to practice as a licensed practical nurse. The fee for such examination shall be ten dollars ($10.00), which shall accompany the application and shall be remitted to the Joint Secretary of the State Examining Boards.

WEDNESDAY, FRIDAY 25, 1953

905

SECTION 4.
Any other provisions of this Act to the contrary notwithstanding, any person who, at any time of the passage and approval of this Act, is engaged in practical nursing, under the supervision of a licensed physician, or registered nurse, or in any hospital or clinic recognized by the Georgia Hospital Association as such and who is at least eighteen years of age, of good moral character and in good physical and mental health, may be licensed as a practical nurse without the necessity of passing an examination, if such person makes application for such license to the Joint Secretary of the State Examining Boards within one year from the date of the passage and approval of this Act and accompanies said application with a fee of ten dollars ($10.00).

SECTION 5.
Any other proVIsiOns of this Act to be contrary notwithstanding, the board is hereby authorized to issue a license as practical nurse, without examination, to any person who has been duly licensed or registered as a practical nurse or who is entitled to perform similar service under a different title under the laws of another state, territory, or foreign country, if, in the opinion of the board, the person is qualified to be a licensed practical nurse in this State and if such person makes application for such license through the Joint Secretary of the State Examining Boards, accompany said application with fee to ten dollars ($10.00).

SECTION 6.
Each licensed practical nurse shall annually, on or before the first day of March, make application for a renewal of license to the Joint Secretary of the State Examining Boards. Such application shall be accompanied by a renewal fee of one dollar ($1.00). It shall be mandatory upon the board to revoke the license of any person failing to obtain such renewal. Upon the payment of the renewal fee, however, any person's license which has been revoked for failure to obtain renewal shall be automatically reinstated.

SECTION 7.
Any person issued a license shall have the right to use the title "Licensed Practical Nurse" and the abbreviation thereof "L.P.N.". No other person shall use the title or such abbreviations or any other words, letters, signs, figures, or the abbreviations thereof to indicate that the person is a licensed practical nurse. Any person so doing shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

SECTION 8.
A practical nurse is a perso11 who has had study and supervised experience in an approved school and hospital training program and is thereby trained to care for sub-acute, convalescent and chronic patients in there own homes or in institutions, and who works under the direction of a licensed physician or registered professional nurse. Any hospital with fifteen beds or more may qualify to train practical

906

JOURNAL OF THE HOUSE,

nurses provided they do not train over one nurse per year for every eight hospital beds. Hospitals giving this training for practical nurses must include in their course a minimum of 210 hours class work and 1800 hours practical experience during a period of twelve months.

SECTION 9.
The board may for good cause and after notice and hearing revoke the license of any person licensed under this Act.

SECTION 10.
Licenses as provided in Section two and Section four of this Act may be issued by the Board of Examiners of Practical Nurses of Georgia, upon proper application.

SECTION 11.
There is hereby established an Advisory Composed of three Registered Professional Nurses, two representatives from the Georgia Hospital Association, one representative from the Medical Association of Georgia, and one representative from the Vocational Education Service of the State Department of Education which committee will serve in an advisory capacity to the Board of Examiners of Practical Nurses of Georgia on matters pertaining to licensing of practical nurses also training and instruction. This committee shall be appointed by the Governor from a list of at least six names submitted from the Registered Professional Nurses Association of Georgia, four from the Georgia Hospital Association, two from the Medical Association of Ga. two from the State Board of Education, Each member shall serve two years or until his or her successor is appointed. This committee shall have at least two meetings each year with the Board of Examiners of Practical Nurses. The members of said committee shall serve without compensation and shall recommend to the Governor ten practical nurses who shall be registered as practical nurses following the recommendation of the advisory committee from which the Governor shall appoint five to constitute a Board of Examiners of Practical Nurses. The terms of offices shall be two for four years, two for two years, and one for one year. Thereafter, they shall be appointed for four years upon recommendation of the advisory committee established in this Act. These board members shall be paid six dollars ($6.00) per day plus mileage, hotel, and food. The board shall meet at least twice each year and may have call meetings upon notice of the Chairman or Joint Secretary of the State Examining Boards. Rules and regulations regarding the training of practical nurses shall be formulated by the Advisory Committee and the Board of Examinations of Practical Nurses.

SECTION 12.
The provisions of this Act shall not apply to orderlies, attendants or maids employed in institutions or homes nor sick room attendants nor shall it prohibit gratuitus nursing or nursing or care of the sick with or without compensation when done in connection with the practice of the religious tenets of any church or religious group so long as the person engaging therein does not hold himself or herself out to be a licensed practical nurse. Midwives who register under the provisions of

WEDNESDAY, FRIDAY 25, 1953

907

:5ection 88-1206 of the Code of Georgia are expressly excluded from the provisions of this .Act.

SECTION 13.
All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.

On the passage of the bill, by substitute, the ayes were 109, nays 11.

The bill, having received the requisite constitutional majority, was passed,

by substitute.



Mr. Twitty of Mitchell moved that the Hol!se do now adjourn until 10:00 o'clock, A. M., Monday, November 16, 1953, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, A. M., Monday, November 16, 1953.

908

JOURNAL OF' THE HOUSE,

Representatives Hall, Atlanta, Georgia. Monday, November 16, 1953.

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 Mr. Bodenhamer of Tift.

The following communications were received and read:

November 16, 1953

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

Dear Sir:

I hereby certify that the consolidated returns on file in this office of Special Election held on the 21st day of October, 1953, for the purpose of electing a Representative from Chatham County to fill the vacancy created by the death of Honorable Ernest J. Haar, show the following results:

FRANK S. CHEATHAM

Received 17,256 Votes

H. SOL CLARK

Received 8,696 Votes

Given under my hand and seal of office this 16th day of November, 1953.

Ben W. Fortson, Jr. SECRETARY OF STATE

November 16, 1953

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

Dear Sir:

I hereby certify that the consolidated returns on file in this office of Special Election held in Sumter County on the 20th day of October, 1953, for the purposes of electing a Representative from Sumter County to fill the vacancy caused by the death of Honorable J. Earl Carter, show the following results:

SHERRARD HORNE

Received 545 Votes

Given under my hand and seal of this office on this the 16th day of November, 1953.

Ben W. Fortson, Jr. SECRETARY OF STATE

Representatives-elect Cheatham of Chatham and Horne of Sumter came

MONDAY, NOVEMBER 16, 1953

909

forward to the bar of the House and the oath of office was administered by Judge Charles W. Worrill, Justice, Supreme Court of Georgia.

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

Abney of Catoosa Adams of Evans Adams of Upson Alexander Ayers
Barber of Colquitt Barber of Jackson Barrett Baughman Bell Bentley Best Birdsong Black
Blackburn Blalock
Bloodworth Bodenhamer Boggus Bolton
Brannen Brantley Bray Brazeal Britton Brown Buie Byrd
Callier Campbell of Oconee Campbell of Walker Carswell Chastain Cheatham Clark Clary
Cloud Coffin Coker Conger Connell Coogle Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway

Duncan Durham Edenfield Edwards Floyd Flynt Foster Fowler Freeman Frier Gardner Garrard Geer Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Gunter Hale Hall Hamilton Harper Harrell Harris
Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Holley
Hollis Holloway Holton Horne Huddleston Hughes Hurst Ingle Ivey
Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett

Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton
Lewis Lifsey Little Lokey Lovett McCracken McGarity
McGee McKenna McWhorter
Martin Matheson Matthews Mauldin Mincy
Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Phillips of Walton Pickard
Potts Raulerson Ray Register Rowland Russell Rutland Scoggin

910

JOURNAL OF THE HOUSE,

Sheffield Short Sipple of Chatham Sivel Smith of Cobb Smiley Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Stewart Stocks Strickland Swindle

Tallant Tamplin Tarbutton Tarpley Terrell Todd Trapnell Tumlin Turk Turner Twitty Upshaw Ursery Veal Walker

Wardl<>w Watson Weems White Whitener Wiggins
Williams of Bulloch Williams of Franklin Williams of Tift Willis Wooten Young
Mr. Speaker

Those not voting were Messrs. Brooks, Groover of Troup, Hodges, Hopkins, Wilkinson and Willingham.

Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of the proceedings on Wednesday, February 25, 1953 has 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 Resolution.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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.

The following Resolutions of the House were read and adopted:
HR 213. By Messrs. Twitty of Mitchell and Harrison of Jenkins:
A RESOLUTION
BE IT RESOLVED, by the House of Representatives, the Senate concurring, that the House and the Senate meet in Joint Session at 11:45 A. M. on Tuesday, November 17, 1953, in the Hall of the House for the purpose of hearing a message from His Excellency, Governor Herman E. Talmadge, and

~iiONDAY, NOVEMBER 16, 1953

911

BE IT FURTHER RESOLVED, that a committee of five-three to be appointed by the Speaker of the House and two to be appointed by the President of the Senate as an official escort for the Governor and his party.
Under the provisions of HR 213, the Speaker appointed as a Committee of Escort on the part of the House, the following members:
Messrs. Edwards of Effingham, Boggus of Ben Hill, and Garrard of Wilkes.

HR 214. By Messrs. Twitty of Mitchell and Harrison of Jenkins:

A RESOLUTION
BE IT RESOLVED by the House of Representatives, the Senate concurring, that the House and Senate meet in Joint Session at 11:45 A. M. on Tuesday, November 24, 1953, for the purpose of hearing a message by the Honorable Adlai E. Stevenson, and,
BE IT FURTHER RESOLVED, that the House and Senate meet in Joint Session at the West entrance to the State Capitol, and,
BE IT FURTHER RESOLVED, that the proper state authorities be and are hereby authorized and directed to errect a Speaker's Stand at the West entrance to the State Capitol for the purpose of accommodatin the proper officials of the State of Georgia, and the Honorable Adlai E. Stevenson and his party, and
BE IT FURTHER RESOLVED, that a committee of ten-six to be appointed by the Speaker of the House and four to be appointed by the President of the Senate be named as a committee of escort for the purpose of escorting the Honorable Adlai E. Stevenson and his official party to the rostrum.

Under the provisions of HR 214, the Speaker appointed as a Committee of Escort on the part of the House, the following members:
Messrs. Goodson of Heard, Blalock of Coweta, Tarbutton of Washington, Murphy of Haralson, Harrison of Jenkins, and Tamplin of Morgan.
By unanimous consent, the following Resolution of the House was withdrawn from further consideration:
HR 91-298c. By Messrs. Dunaway and Cornelius of Polk:
A Resolution establishing a special committee of the House to investigate Communism in the State of Georgia.
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 45. 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 Committee Substitute to HB 45 was read:

912

JOURNAL OF THE HOUSE,

AN ACT
To regulate the sale of used motor vehicles; to prohibit any business from buying, selling or auctioning used motor vehicles until complying with the terms of this Act; to provide for permits to be issued by municipal corporations and county governments; to provide for the filing of said permits; to prescribe certain information to be contained in said permits; to provide for a bond conditioned to protect the purchasers of used vehicles; to provide for notice before discontinuing the "Used motor vehicle business; to provide for certain reports; to provide for an effective date; to provide for a penalty for violations of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.
No person, firm or corporation shall engage in the business of buying, selling or auctioning used motor vehicles unless they shall comply with the terms and conditions hereinafter set out.

SECTION 2.
No person, firm or corporation shall engage in such business within the corporate limits of any municipal corporation without a permit from the governing authorities of such municipal corporation. All municipal corporations in this State are hereby given the authority to issue permits to persons, firms or corporations who conform with this Act, provided, however, that sales may be made in any other municipality or unincorporated area without additional permits being secured unless a place of business shall be established in such political subdivision.

SECTION 3.
No person, firm or corporation shall engage in such business outside the corporate limits of any municipal corporation without a permit from the governing authority of the county in which the business is to be located. All counties of this State are hereby given the authority to issue permits to those persons, firms or corporations who conform with this Act, provided, however, that sales may be made in any municipality or in any other unincorporated area without additional permits being secured, unless a place of business shall be established in such political subdivision.

SECTION 4.
Applications for the permits shall be filed with the governing authority, which application, shall give the name of the person, firm or corporation, the address at which such business shall be carried on.
SECTION 5.
The applicant shall file with the governing authority a bond in the sum of five thousand dollars ($5,000.00), which shall be conditioned to protect any purchaser of a used motor vehicle from the applicant against defective title.

MONDAY, NOVEMBER 16, 1953

913

SECTION 6.
All persons, firms or corporations engaged in said business shall be required to report in writing monthly to the Department of Public Safety a description of all used motor vehicles sold by said business during that month, including the make of the machine sold, the number of the machine sold, and the name and address of the vendor and purchaser, the said report to be sent in not later than the tenth day
of each month, such information to be available to all law enforcement
agencies.

SECTION 7.
This Act shall become effective on the date of its approval by the Governor.

SECTION 8.
The violation of any of the terms of this Act shall be a misdemeanor and shall be punishable as such.

SECTION 9.
All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the Committee Substitute to HB 45 was read and adopted:
Mr. M. Smith of Fulton ptoves to amend the Committee Substitute to HB 45 by adding a new section to read as follows:
The provisions of this Act shall apply only to counties having a population of 300,000 or more.
The Committee Substitute to HB 45 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 118, nays 1.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HR 170-624a. By Messrs. Ray of Warren, Smith of Emanuel and others:
A Resolution proposing a constitutional amendment providing for the allocation of sales tax revenue to the Board of Regents and the State Board of Education, and for other purposes.

Mr. Hamson of Jenkins moved that the Resolution be tabled. On the motion to table, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.:

914

JOURNAL OF THE HOUSE,

Adams of Upson Ayers Bell Bentley Best Bloodworth Bolton Brannen Callier Cheatham Cloud Coffin Conger Coogle Cowart Cummings Dunaway Frier Gardner Goodson Green of Rabun Greer Grimsley Groover of Bibb

Gunter Hamilton Harris Harrison of Jenkins Hayes Holley Holton Jessup Jones of Worth Jordan of Gwinnett Lanier Lovett McKenna McWhorter Mauldin Moate Moore of Pickens Mull Murphey of Crawford Murphy of Haralson Nelson Nightingale Otwell Peacock

Those voting in the negative were Messrs.:

Abney of Catoosa Adams of Evans Alexander Barber of Colquitt Barber of Jackson Barrett Baughman Birdsong Black Blackburn Blalock Bodenhamer Boggus Brantley Bray Brazeal Britton Brown Buie Byrd Campbell of Oconee Campbell of Walker Carswell Chastain Clark Clary Coker Connell Cornelius Deal

Dean of Towns Deen of Bacon Denton Dews Drinkard Duncan Durham Edwards Floyd Flynt Foster Fowler Garrard Gillis Graham Green of Baldwin Greene of Crisp Hale Hall Harrell Henderson Hicks Hollis Holloway Horne Hurst Ingle lvey Jackson Johnson

Perkins Pickard Raulerson Register Rowland Russell Sivell Stevens of Marion Stewart Stocks Swindle Terrell Trapnell Turk Turner Upshaw Wardlow Watson Whitener Wiggins Willis Wooten
Jones of Lumpkin Jordan of Wheeler Kemp Key King Land Lavender Layton Lewis Little Lokey McGarity McGee Martin Matheson Matthews Mishoe Mobley Moore of White Moses Moye Murr Musgrove Parker Phillips of Columbia Phillips of Walton Potts Ray Scoggin Sheffield

MONDAY, NOVEMBER 16, 1953

915

Short Sipple of Chatham Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton

Stephens of Clarke Tamplin Tarbutton Tarpley Todd Tumlin Twitty

Veal Walker Weems White Williams of Franklin Williams of Tift Young

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

On ~~he motion to table, the ayes were 70, nays 111.

The motion to table was lost.

Mr. Ray of Warren moved that further consideration of the Resolution be postponed until Wednesday, November 18, 1953, and the motion prevailed.

HR 157-570a. By Messrs. Hale of Dade and Coker and Campbell of Walker:
A Resolution to change the name of Sitton's Gulch State Park to Cloudland Canyon State Park, and for other purposes.

The report of the Committee, which was favorable to the adoption of the Re-

solution, was agreed to.



On the adoption of the Resolution, the ayes were 116, nays 0.
The Resolution, having received the requisite co' nstitutional majority, was adopted.

HB 616. By Mr. Buie of Camden:
A Bill to be entitled an Act to prohibit the sale of any matches except safety matches, and for other purposes.

Mr. Bell of Richmond moved that HB 616 be recommitted to the Committee on Public Welfare for further study, and the motion prevailed.

HB 46. By Messrs. M. Smith of Fulton and Holton of Coffee:
A Bill to be entitled an Act to make it a felony to commit assault and battery while incarcerated in any jail, and for other purposes.
The following amendment to HB 46 was read and adopted:
Mr. Russell of Barrow moves to amend HB 46 by adding the following:
Provided that no person shall be convicted under this section solely on the testimony of any prison official or employee.
Mr. Scoggins of Floyd moved that the Bill be tabled, and the motion 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 amended, the ayes were 86, nays 26.
The bill, having failed to receive the requisite constitutional majority, was lost.

916

JOURNAL OF THE HOUSE,

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 46.

HB 237. By Messrs. Harrison of Wayne, Moate of Hancock and others:
A Bill to be entitled an Act to amend an Act so as to provide for execution by asphyxiation, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on State of Republic moves to amend HB 237 by renumbering Section 5 as Section 6, and by inserting a new section which shall be known as Section 5 and which shall read as follows: "Section 5. This Act shall not become effective until the completion and installation of the gas chamber herein provided, and upon the executive order of the Governor."

An amendment offered by Mr. Harrison of Wayne was read and withdrawn.
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 104, nays 16. The bill, having received the requisite constitutional majority, was passed.

HB 402. By Mr. Tarpley of Union:
A Bill to be entitled an Act to provide for the notification of an arrested person's immediate family upon his request, and for other purposes.

Mr. M. Smith of Fulton moved that HB 402 be recommitted to the Committee on Special Judiciary for further study, and the motion prevailed.

HB 302. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act so as to provide the manner in which possession of wild lands and timber lands may be evidenced, and for other purposes.
The following Committee Substitute to HB 302 was read and adopted:
The Committee on General Judiciary No. 1. Moves to amend House Bill #302 by offering the following substitute:

A BILL
To be entitled an Act to amend Section 85-403 of the 1933 Code of Georgia relating to possession of lands, so as to provide the manner in which possession of wild lands and timber lands may be evidenced; to repeal all conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1. Section 85-403 of the 1933 Code of Georgia relating to the possession

MONDAY, NOVEMBER 16, 1953

917

of lands is hereby amended by adding to the end of said section the following sentence:
"Provided, however, that possession of wild lands and timber lands may be evidenced by the construction and maintenance of firebreaks within the property, or by boundaries marked, not less than every two hundred (200) yards, with blazings, artificial markings, or fences." so said section, as amended, shall read as follows:
"Section 85-403. Actual possession of lands is evidenced by inclosure, cultivation, or any use and occupation thereof which is so notorious as to attract the attention of every adverse claimant, and so exclusive as to prevent actual occupation by another; Provided, however, that possession of wild lands and timber lands may be evidenced by the construction and maintenance of firebreaks around the property, or by boundaries marked, not less than every two hundred (200) yards, with blazings, artificial markings, or fences."

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 biB, by substitute, was agreed to.
On the passage of the bill, by substit~te, the ayes were 105, nays 34.
The bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Stewart of Echols gave notice that at the proper time he would niove that the House reconsider its action in passing HB 302.

HB 241. By Messrs. Barber of Colquitt, Lovett of Laurens and others:
A Bill to be entitled an Act to provide for the payment of. pensions to all taxpayers upon their reaching the age of 65, and fbr other purposes.

The report of the Committee, which was favorable to the passage of the bill,

was agreed to.



On the passage of the bill, the ayes were 23, nays 100.

The bill, having failed to receive the requisite constitutional majority, was lost.

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.

918

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Tuesday, November 17, 1953.

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 Reverend Allen Thomas Newby, The Methodist Church, Hampton, Georgia.

The Speaker announced the following Committee assignments for Mr. Cheatbam of Chatham:
Amendments to the Constitution No. 1 General Judiciary No. 2 Sanitarium at Rome and Alto Education No.1 Ways and Means Enrollment Conservation Historical Research State Prison Farm University System of Georgia. Commerce

The Speaker announced the following Committee assignments for Mr. Horne of Sumter:
Academy for the Blind Aviation Commerce Enrollment Municipal Government Excuse of Members Absent Without Leave Public Highway No. 2 School for the Deaf Special Judiciary University of Georgia Ways and Means

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

Mr. Garrard of Wilkes, 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.

TUESDAY, NOVEMBER 17, 1953

919

2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and general bills with local application. 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 of the House were read the first time and referred to the committees:
HB 650. By Mr. Stephens of Clarke: A Bill to be entitled an Act to amend an Act known as the Banking Laws of Georgia, relating to loans upon collateral, etc., and for other purposes.
Referred to the Committee on Banks and Banking.
HB 651. By Messrs. Mobley of Burke, Watson of Dougherty and Barber of Colquitt: A Bill to be entitled an Act to provide for warehouse inspection; Bonding of Warehousemen and insuring storage, and for other purposes.
Referred to the Committee on General Agriculture No. 1.

HB 652. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State Public Schools and other State supported schools, and for other purposes.
Referred to the Committee on Pensions.

HB 653. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act relating to bonds given by State depositories and to the giving of securities in lieu of bonds, etc., and for other purposes.
Referred to the Committee on Banks and Banking.

HB 654. By Messrs. Gowen and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act relating to the powers and duties of the State Highway Department by providing that the State Highway Department shall have authority to construct and maintain drainage canals in cooperation with local soil conservation districts, and for other purposes.
Referred to the Committee on Public Highway No. 2.

920

JOURNAL OF THE HOUSE,

HB 655. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act prohibiting livestock from running at large or straying upon public roads, and for other purposes.
Referred to the Committee on General Agriculture No. 2.

HB 656. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act relating to who shall serve as ordinary when the ordinary is disqualified, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 657. By Messrs. Kemp and Foster of Clayton, Tumlin of Floyd, M. Smith of Fulton and others:
A Bill to be entitled an Act to amend an Act relating to the control of convicts by the Prison Commission, etc., and for other purposes.
Referred to the Committee on Penitentiary.
HB 658. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to prohibit abandoned refrigerators being placed in any position that will endanger the lives of children, and for other purposes.
Referred to the Committee on Public Welfare.
HB 659. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to increase the maximum penalties for molesting children from 5 to 20 years, and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 660. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to provide for the dissolution by the Secretary of State of Railroad Corporations organized under the laws of this State and chartered by the Secretary of State, and for other purposes.
Referred to the Committee on Railroads.
HB 661. 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 providing for absentee voting by members of the Military, and for other purposes.
Referred to the Committee on State of Republic.
HB 662. By Messrs. Hand and Twitty of Mitchell and Smith of Emanuel: A Bill to be entitled an Act to define and designate the State-Owned property at the State Capitol as "The Capitol Square", and for other purpt>ses.
Referred to the Committee on State of Republic.

TUESDAY, NOVEMBER 17, 1953

921

HB 663. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A Bill to be entitled an Act to amend an Act relating to Banks and Banking Associations and their branches and the officers, capitalization and taxation thereof, so as to provide that such Banks and Banking Associations, or branches of same, shall not be taxed upon their capital, but that the shares of stockholders shall be taxed at their full market value, and for other purposes.
Referred to the Committee on Banks and Banking.

HB 664. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act establishing a retirement system for certain teachers in the public and State-supported schools, and for other purposes.
Referred to the Committee on Pensions.

HB 665. By Mr_ Fowler of Douglas:
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 Pensions.

HB 666. By Messrs. Williams of Franklin, Jordan of Gwinnett and Dean of Towns:
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 exemption of all medicines sold upon the prescriptions .of licensed physicians, and for other purposes.
Referred to the Committee on Ways and Means.

HB 667. By Messrs. Harper and Bolton of Spalding and Hand of Mitchell:
A Bill to be entitled an Act to amend an Act establishing a retirement system for certain teachers in the public and State-support Schools, and for other purposes.
Referred to the Committee on Pensions.

HB 668. By Mr. Adams of Evans:
A Bill to be entitled an Act to authorize, limit and regulate the establishment and operation of branch offices by Building and Loan Associations and Savings and Loan Associations incorporate, organized, and doing business under the laws of the State of Georgia, and for other purposes.
Referred to the Committee on Banks and Banking:

922

JOURNAL OF THE HOUSE,

HB 669. By Messrs. Floyd of Chattooga, Weems of Chattooga, Nightingale of Glynn, Freeman, Young of Muscogee and Matthews of Clarke:
A Bill to be entitled an Act to provide that motor vehicle license plates shall be sold by county tax officials in county court houses, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 670. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to amend an Act relating to the levying of county license taxes by adding thereto a new section so as to provide that the counties of this State may levy license taxes upon pool, billiard and other similar tables, pinball machines and all other coin operated devices, and for other purposes.
Referred to the Committee on Ways and Means.

HB 671. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to authorize the governing. authorities of the various counties to prohibit, regulate or levy a tax upon fortune telling and similar businesses, and for other purposes.
Referred to the Committee on Ways and Means.

HB 672. By Messrs. Dean of Towns and Deen of Bacon:
A Bill to be entitled an Act to vest exclusive control, management and responsibility for paving and maintaining of all rural free-delivery roads and school bus routes in the State Highway Department, and for other purposes.
Referred to the Committee on Public Highways No. 1.

HB 673. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to establish limits on the amount of term insurance which may be issued under group life insurance policies delivered in this State, and for other purposes.
Referred to the Committee on Insurance.

HB 674. By Messrs. Moses of Montgomery, Deen of Bacon, Hand and Twitty of Mitchell, Smith of Emanuel, Adams of Evans and many others:
A Bill to be entitled an Act to repeal an Act 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 No. 1.

HB 6i5. By l\Ir. .M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act relating to the season for hunting game birds and animals in this State, and for other purposes.
Referred to the Committee on Game and Fish.

TUESDAY, NOVEMBER 17, 1953

923

HB 676. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Ray of Warren:
A Bill to be entitled an Act to create an agency of the State known as Georgia Forest Research Council, and for other purposes.
Referred to the Committee on State of Republic.

HB 677. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Ray of Warren:
A Bill to be entitled an Act providing that the State of Georgia may enter into a compact with any one or more of the States of Alabama, Florida, Kentucky, Mississippi, N. Carolina, S. Carolina, Tennessee, Virginia and West Virginia, to promote effective prevention and control of forest fires in the Southeastern region of the United States, and for other purposes.
Referred to the Committee on Interstate Cooperation.

HB 678. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to establish limits on the amount of tetm insurance which may be issued under group life insurance. policies delivered in this State, and for other purposes.
Ref~rred to the Committee on Insurance.

HB 679. By Messrs. Bill, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act relating to the fees of ordinaries, by reducing the. fees allowed ordinaries in connection with annual and final returns in certain instances, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 680. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act relating to compulsory school attendance, etc., and for other purposes.
Referred to the Committee on Education No. 2.

HB 681. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act relating to the compensation of jurors and court bailiffs, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 682. By Messrs. Holley, Graham and Bell of Richmond:
A Bill to be entitled an Act .to provide for the regulation and operation of cemeteries and the cemetery business, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

9:M

JOURNAL OF THE HOUSE,

HB 683. By Messrs. Bentley of Cobb, Matheson of Hart, Turner of DeKalb, Goodson of Heard, Barber of Jackson, Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to declare that it shall be a misdemeanor for any person, firm or corporation to allow any abandoned or discarded icebox to remain in any place frequented by the public without the spring locks therefrom so as to alleviate the danger of anyone suffocating, and for other purposes.
Referred to the Committee on Public Welfare.

HB 684. By Mr. Conger of Decatur:
A Bill to be entitled an Act requiring that all counties, municipalities and political subdivisions shall recognize the certificates of other cities, states, counties and municipalities as to the grade and content of milk brought into this State and to further regulate the sale of Milk, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 685. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend an Act relating to the regulating and licensing of motor vehicles by municipalities so as to provide that such municipalities may impose license fees as a condition precedent to the operation of such motor vehicles in said municipalities, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 686. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to authorize the governing authorities of the various counties to prohibit, regulate or levy a tax upon fortune telling and similar businesses, and for other purposes.
Referred to the Committee on Ways and Means.

HB 687. By Mr. Conger of Decatur:
A Bill to be entitled an Act to repeal an Act creating the Milk Control Board, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 688. By Messrs. Tallant of Cherokee, Rowland of Johnson and Coker of Walker:
A Bill to be entitled an Act to amend an Act relating to requiring the Ordinary to advertise the application for letters of administration or letters testamentary and providing when the letters shall be granted, so as to provide that the Ordinary may grant letters at the regular term or at vacation, and for other purposes.
Referred to the Committee on Special Judiciary.

TUESDAY, NOVEMBER 17, 1953

925

HB 689. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act relating to oysters, shrimp, and prawn by removing the State taxes on shrimp, prawn and crabs caught in this State, and for other purposes.
Referred to the Committee on Ways and Means.

HB 690. By Messrs. Matthews and Stephens of Clarke, Campbell of Oconee, Russell of Barrow, Lokey of Fulton, Hollis of Muscogee, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to authorize and direct the Board of Regents of the University System of Georgia to construct and operate a hospital for the indigent sick or near indigent sick in conjunction with the State Medical College, out of funds in the building trust funds or any other money that they may be able to procure, and for other purposes.
Referred to the Committee on State of Republic.

HB 691. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to authorize the governing authorities of the various counties to prohibit, regulate or levy a tax upon fortune telling and similar businesses, and for other purposes.
Referred to the Committee on Ways and Means.

HB 692. By Messrs. Bell and Graham of Ric~mond:
A Bill to be entitled an Act to provide that where a motor vehicle is operated in violation of traffic and criminal laws, or operated in a negligent or reckless manner, and any person is injured or killed thereby, a lien shall be created against said motor vehicles, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 693. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to consolidate and combine the governmental functions and powers now vested in an exercised by the City of Albany with the governmental functions and powers now vested in and exercised by the County of Dougherty, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 694. By Messrs. Hollis, Young and Pickard of Muscogee:
A Bill to be entitled an Act to require from and after the passage of this Act in all counties having a population of not less than 115,000 nor more than 135,000 inhabitants, all applicants for divorce in Superior Court of any such county to pay to the Clerk of said Court, before the filing of such applicants petition for divorce, the sum of Ten Dollars as costs, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.

926

JOURNAL OF THE HOUSE,

HB 695. By Messrs. Hollis, Young and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act creating the Muscogee County School District, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 696. By Messrs. Hollis, Young and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act to establish a city court in the City of Columbus for Muscogee County, and for other purposes.
Referred to the Committee on Municipal Government.

HB 697. By Messrs. Hollis, Young and Pickard of Muscogee:
a A Bill to be entitled an Act to amend an Act providing salary for
the Solicitor-General of the Chattahoochee Judicial Circuit, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 698. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Blakely in lieu of The Town of Blakely, and for other purposes.
Referred to the Committee on Municipal Government.

HB 699. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to provide that the Board of Commissioners of Roads and Revenues of Dougherty County may pay additional compensation to the Tax Receiver of Dougherty County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 700. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act applying to the City County Planning and Zoning Board of Richmond County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 701. By Messrs. Perkins and Duncan 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 702. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act providing for salaries of certain personnel in Richmond County so as to authorize the Treas-

TUESDAY, NOVEMBER 17, 1953

927

urer one employee at a salary of $275.00 per month, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 703. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to incorporate the City of West Bainbridge in the County of Decatur, and for other purposes.
Referred to the Committee on Municipal Government.

HB 704. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues of the County of Decatur, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 705. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to amend the Charter of the City of Thomson, and for other purposes.
Referred to the Committee on Municipal Government.

HB 706. By Messrs. Potts and Blalock of Coweta:
A Bill to be entitled an Act to require all candidates for nomination and election to the House of Representatives of the General Assembly of Georgia from Coweta County to designate and qualify for a specific seat and to name his incumbent opponent, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 707. By Mr. Green of Rabun:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 708. By Mr. Buie of Camden:
A Bill to be entitled an Act to authorize and direct the City of Kingsland to close permanently that certain alley running through block 19, and to direct the execution of deeds to the abutting property owners for the fee simple title thereto, and for other purposes.
Referred to the Committee on Municipal Government.
HB 709. By Messrs. Potts and Blalock of Coweta:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Newnan, so as to increase the corporate limits of the City of Newnan, and for other purposes.
Referred to the Committee on Municipal Government.

928

JOURNAL OF THE HOUSE,

HB 710. By Messrs. Harper and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act creating the GriffinSpalding School System, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 711. By Messrs. Perkins and Duncan of Carroll, Blalock and Potts of Coweta, and others:
A Bill to be entitled an Act to repeal an Act entitled "An Act to supplement the salary of the Judge of the Superior Court of the Coweta Judicial Circuit, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 712. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to ratify and confirm the a\!tion of the Mayor and Council of the City of Barnesville, in opening certain streets in said City, and for other purposes.
Referred to the Committee on Municipal Government.

HB 713. By Mr.. Stewart of Echols:
A Bill to be entitled an Act to amend, revise, supersede, and consolidate the laws creating and governing the Commissioner of Roads and Revenues of Echols County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 714. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Camilla, and for other purposes.
Referred to the Committee on Municipal Government.

HB 715. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Lamar County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 716. By Mr. Gowen of Glynn: A Bill to be entitled an Act to provide retirement compensation for the Ordinary in the County of Glynn, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 717. 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.
Referred to the Committee on Municipal Government.

TUESDAY, NOVEMBER 17, .1953

929.

HB 718. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to supplement compensation for the Clerk of the Superior Court of Lamar County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 719. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to repeal an Act entitled "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 720. By Mr. Coogle of Macon:
A Bill to be entitled an Act to amend an Act establishing a City Court of Oglethorpe in the County of Macon, and for other purposes.
Referred to the Committee on Counties and County Matter:;;.

HB 721. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to amend an Act establishing the compensation of the Oconee Judicial Circuit Reporter and define his duties, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 722. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act regulating legal holidays in cities having a population of more than 300,000, and for other purposes.
Referred to the Committee on Municipal Government.

HB 723. By Messrs. Connell 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.

HB 724. By Mr. Cummings of Seminole:
A Bill to be entitled an Act to authorize and direct the Mayor and Council of the City of Donalsonville to close and vacate certain named streets in said city, and for other purposes.
Referred to the Committee on Municipal Government.

HB 725. By Mr. Buie of Camden:
A Bill to be entitled an Act closing of certain streets in the City of Saint Marys, in Camden County, and for other purposes.
Referred to the Committee on Municipal Government.

930

JOURNAL OF THE HOUSE,

HB 726. By Mr. Wardlow of Turner:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Turner County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 727. By Mr. Adams of Evans: A Bill to be entitled an Act establishing a City Court of Claxton, so as to increase the salary of the Judge of said court, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 728. By Mr. Wardlow of Turner:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ashburn; so as to change the qualifications of voters in city elections, and for other purposes.
Referred to the Committee on Municipal Government.

HB 729. By Mr. Greene of Crisp:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cordele, by enlarging the corporate limits of said city, and for other purposes.
Referred to the Committee on Municipal Government.

HB 730. By Mr. Dean of Towns:
A Bill to be entitled an Act to amend an Act relating to the compensation of the members of the county boards of education, so as to increase such compensation in all counties having a population of not more than 4,820 and not less than 4,520, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 731. By Mr. Dean of Towns:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Towns, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 732. By Mr. Matheson of Hart:
A Bill to be entitled an Act to provide in counties of not less than 14,450 nor more than 14,650 population, any person charged with the offense of hunting or fishing without a license shall be allowed a plea of gulity in the court of Ordinary of such county, and for other purposes.
Referred to the Committee on Counties and County Matters.

TUESDAY, NOVEMBER 17, 1953

931

HB 733. By Mr. Boggus of Ben Hill:
A .Bill to be entitled an Act to amend an Act amending and rev1smg the Charter of the City of Fitzgerald, and for other purposes.
Referred to the Committee on Municipal Government.

HB 734. By Messrs. Sipple, McGee and Cheatham of Chatham:
A Bill to be entitled an Act to amend an Act creating and establishing the Municipal Court of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.

HB 735. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act establishing a City Court of Waycross, Georgia, and for other purposes.
Referred to the Committee on Municipal Government.

HB 736. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Waycross; providing for compensation of the City Manager, and for other purposes.
Referred to the Committee on Municipal Government.

HB 737. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to repeal an Act incorporating the City of Lake Tara, and for other purposes.
Referred to the Committee on Municipal Government.

HB 738. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to amend an Act creating the City Court of Clayton County, (then the City Court of Jonesboro;) so as to change the compensation of the Judge and the Solicitor of said City Court, and for other purposes.
Referred to the Committee on Municipal Government.

HB 739. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Clayton County into the one office of Tax Commissioner, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 740. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court and the Sheriff of Clayton County on a salary rather than a fee basis, and for other purposes.
Referred to the Committee on Counties and County Matters.

932

JOURNAL OF THE HOUSE,

HB 741. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Clayton County; so as to change the compensation of the Commissioner, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 742. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to pensions, and for other purposes.
Referred to the Committee on Municipal Government.

HB 743. By Mr. Moore of Pickens:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Pickens County; so as to change the compensation of the Commissioner, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 215-743a. By Mr. Bell of Richmond:
A Resolution authorizing the Game and Fish Department and other law enforcement officers of the State of Georgia to recognize as valid all fishing and hunting license held by individuals who are nonresidents of the State of Georgia which are currently in force, and for other purposes.
Referred to the Committee on Game and Fish.
HR 216-743b. By Messrs. Kemp and Foster of Clayton:
A Resolution proposing an amendment to the Constitution relating to county boards of education, so as to provide for the election of the members of the Board of Education of Clayton County by the people, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.
HR 217-743c. By Messrs. Kemp and Foster of Clayton:
A Resolution to compensate Howard R. Watts of Eatonton, Georgia for damage to his automobile which was stolen by prisoners and used as an escape vehicle, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 218-743d. By Messrs. Watson and Gardner of Dougherty:
A Resolution proposing an amendment to the Constitution providing for the consolidating and combining of the governmental functions and powers now vested in and exercised by the City of Albany, and the authorities thereof, with the governmental functions and powers now vested in and exercised by the County of Dougherty and the authorities thereof, and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.

TUESDAY, NOVEMBER 17, 1953

933

HR 219-743e. By Messrs. Tarbutton and Moye of Washington:
A Resolution requesting the General Assembly of the State of Georgia to name State Highway 102, Bolden S. Cobb Highway, and for other purposes.
Referred to the Committee on Highways # 2.

HR 220-743f. By Mr. Musgrove of Clinch:
A Resolution to compensate the widow and minor children surv1vmg Eustis Smith, an employee of Clinch County, who was killed while working with the State Highway Department, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 221-743g. By Mr. Smith of Emanuel:
A Resolution authorizing the payment of bills incurred as a result of injuries sustained in line of duty by Trooper L. W. Boatwright, of the Georgia State Patrol, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 222-743h. By Messrs. Greer of Lanier and Twitty of Mitchell:
A Resolution to provide that the Governor and the State Treasurer be authorized and directed to deposit the one hundred eighty-six shares of common stock owned by the State in the Georgia Railroad and Banking Company in one of the depositories named in the Stockholders Deposit Agreement of June 15, 1953 prepared by the Stockholders Committee for the Common Stock of the Georgia Railroad and Banking Company and to participate in said agreement on behalf of the State of Georgia as a stockholder of said Company, and for other purposes.
Referred to the Committee on State of Republic.

HR 223-743i. By Mr. Harrison of Wayne: A Resolution to compensate Ernest E. Roberson, Route 2, Odom, Georgia, for the loss of a hog, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 224-743j. By Mr. Moses of Montgomery:
A Resolution authorizing the payment of bills incurred as a result of injuries sustained in line of duty by Trooper Moses, of the Georgia State Patrol, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 225-743k. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel:
A Resolution proposing an amendment to the Constitution by adding thereto the following: "The State and its subdivisions may by taxation provide funds for education in private schools when and in such man-

934

JOURNAL OF THE HOUSE,

ner as the General Assembly may authorize by law", and for other purposes.
Referred to the Committee on State of Republic.
HR 226-7431. By Mr. Moore of Pickens:
A Resolution authorizing the payment of bills incurred as a result of injuries sustained in line of duty by Cpl. Crawford Lee Hitt, of the Georgia State Patrol, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 227-743m. By Messrs. Nightingale and Gowen of Glynn:
A Resolution authorizing and directing the State Librarian to furnish law books to the Superior Court of Glynn County, and for other purposes.
Referred to the Committee on Public Library.

HR 228-743n. By Mr. Greer of Lanier:
A Resolution repealing and repudiating a Resolution passed at the 1952 Session of the General Asembly requesting Congress to call a convention for the purpose of proposing an amendment to the Constitution of the United States relating to the limitation of income taxes, and for other purposes.
Referred to the Committee on State of Republic.

HR 229-743o. By Messrs. Hand and Twitty of Mitchell and Smith of Emnuel:
A Resolution proposing an amenment to the Constitution relating to taxation by counties for education, so as to provide for a procedure by which a county may remove or increase the limitation on the tax levy for education, and for other purposes.
Referred to the Committee on State of Republic.

HR 230-743p. By Messrs. Hand and Twitty of Mitchell and Smith of Emanuel:
A Resolution proposing an amendment to the Constitution relating to exemptions from taxation, so as to provide for a procedure by which a county may remove the exemption on personal property and homestead for school purposes, and for other purposes.
Referred to the Committee on State of Republic.

HR 231-743q. By Mr. McWhorter of DeKalb:
A Resolution to compensate Roy A. Pert for damages occasioned by a road patrol owned and operated by the Georgia State Highway Department, and for other purposes.
Referred to the Committee on Special Appropriations.

TUESDAY, NOVEMBER 17, 1953

935

HR 232-743r. By Messrs. Hand and Twitty of Mitchell, Ray of Wanen and Smith of Emanuel:
A Resolution to establish the Georgia Commission on Education; to define its duties and authority and to provide therefor such funds as are necessary to effectuate the purposes hereof, and for other purposes.
Referred to the Committee on State of Republic.

HR 233-743s. By Dr. Mishoe of Tattnall:
A Resolution authorizing the payment of bills incurred as a result of injuries sustained in line of duty by Cpl. J. W. Beasley, of the Georgia State Patrol, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 234-743t. By Mr. Greene of Crisp:
A Resolution to provide for payment to N. Aldo Harrison the sum of $71.75 for damages to his automobile caused by the negligence of an employee of the State Highway Department of Georgia, and for other purposes. Referred to the Committee on Special Appropriations.
HR 235-743u. By Mr. Dean of Towns:
A Resolution authorizing the State Librarian to furnish law books to Towns County, and for other purposes.
Referred to the Committee on Public Library.

HR 236-743v. By Messrs. Mincy and Frier of Ware and Harrison of Wayne:
A Resolution proposing an amendment to the Constitution relating to gratuities and the authority to provide for payment for bringing in the first oil well in the State, etc., and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.

HR 237-743w. By Messrs. Mincy and Frier of Ware:
A Resolution proposing an amendment to the Constitution, creating the Waycross and Ware County Development Authority as a constitutional authority and public corporation, etc., and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HR 238-743x. By Messrs. Mincy and Frier of Ware:
A Resolution proposing an amendment to the Constitution to provide for exemption from City School Tax to residences of all persons in the City of Waycross, Ware County, who have attained the age of 65, etc., and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.

936

JOURNAL OF THE HOUSE,

HR 239-743y. By Mr. Tamplin of Morgan:
A Resolution to compensate Mrs. Edna Sheppherd Dorr, an employee of the State Department of Labor for injuries received by her while in the performance of her duties, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 240-743z. By Mr. M. Smith of Fulton:
A Resolution proposing an amendment to the Constitution relating to exemptions from taxation, so as to provide an exemption for certain fraternity and sorority residences, and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.

Mr. Jordan of Wheeler 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 630. Do Pass.
Respectfully submitted,
Jordan of Wheeler,
Chairman.
By Charles L. Goodson Sec.,

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

HB 630. 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 include common natural disasters within the policy of the State Civil Defense Agency, and for other purposes.

Mr. Stewart of Echols moved that the House reconsider its action in passing the following bill of the House:

HB 302. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act so as to provide the manner in which possession of wild lands and timber lands may be evidenced, and for other purposes.

On the motion to reconsider, the ayes were 79, nays 32.
The motion to reconsider prevailed, and HB 302 was placed at the foot of the calendar.

TUESDAY, NOVEMBER 17, 1953

937

Mr. M. Smith of Fulton moved that the House reconsider its action in failing to pass the following bill of the House:

HB 46. By Messrs. M. Smith of Fulton and Holton of Coffee:
A Bill to be entitled ali Act to make it a felony to commit assault and battery while incarcerated in any jail, and for other purposes.

The motion to reconsider prevailed, and HB 46 was placed at the foot of the calendar.
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 150. By Senator Parker of the 38th:
A Bill to provide for the appointment of assistant Solicitors-General by the judge and judges of a judicial circuit; to provide compensation not to exceed $7,000 per annum to be paid by the counties comprising the circuit, and for other purposes.

HR 213. By Messrs. Twitty of Mitchell and Harrison of Jenkins:
A Resolution proposing a joint session of the House and Senate at 11 :45 on Tuesday, November 17, 1953, for the purpose of hearing a message from His Excellency, Governor Herman E. Talmadge, and call for the appointment of a escort committee.

The president appointed on the part of the Senate as a committee: Senators Edenfield of the 16th and Petty of the 14th.

HR 214. By Messrs. Twitty of Mitchell and Harrison of Jenkins:
A Resolution proposing a joint session of the House and Senate for the purpose of hearing a message from the Honorable Adlai E. Stevenson of Illinois.

The president appointed on the part of the Senate: Senators Millican of the 52nd, Parker of the 36th, Brown of the 40th and Stoddard of the 50th.
The following resolution of the House was read and adopted:

HR 241. By Messrs. Freeman of Monroe and Lifsey of Lamar:

A RESOLUTION
Providing for the appointment of a Special Committee to investigate and hold hearings relative to presentments made by the Grand Jury of Monroe County recommending the impeachment of Ben B. Garland, Solicitor General Flint Judicial Circuit.

938

JOURNAL OF THE HOUSE,

Whereas, the Grand Jury of Monroe County make Special Presentments dated November 9, 1953 and a certified copy of such Special Presentments are attached hereto and made a part hereof; and
WHEREAS, Article III, Section VI, Paragraph III of the Constitution of Georgia of 1945 provides as follows:
"The House of Representatives shall have the sole power to vote impeachment charges against all persons who shall have been or may be in office."
NOW, THEREFORE BE IT RESOLVED by the House of Representatives that the Speaker of the House appoint a Special Committee to conduct investigations and hold hearings based upon the attached Special Presentments, and particularly that paragraph thereof which reads as follows:
"In view of the unstableness of our Solicitor General as previously pointed out and other obtainable evidence we recommend that our Representative proceed to impeach Solicitor Ben Garland at this November Session of the General Assembly."
BE IT FURTHER RESOLVED that said Committee is hereby authorized to employ such legal counsel and such other personnel as it deems necessary to carry out the purposes of this resolution.
BE IT FURTHER RESOLVED that such investigations and such hearings shall be conducted in a manner appropriate to proceedings relating to impeachment.
BE IT FURTHER RESOLVED that said Committee is hereby empowered to subpoena witnesses and is hereby empowered to call for the production of documents, records and any other papers, and is hereby empowered to compel the attendance of such witnesses and compel the production of such documents, records and papers.
BE IT FURTHER RESOl.VED that said Committee shall report its findings and make recommendations thereon to this House at this November-December 1953 regular session.
Forsyth, Monroe County, Georgia November 9, 1953.

SPECIAL PRESENTMENTS
Your Grand Jury had before it the duty to complete the investigation of Solicitor Ben Garland, and his conduct in office, and the Pardon and Parole Board relative to the commutation of the sentence of William Ogletree. This we have done. We sought facts only in the interest of justice. We heartily endorse the findings of the presentments of the February Grand Jury.
We entered this investigation with the full knowledge and understanding that the prosecution of Ogletree is at an end, and that as far as the State is concerned the case is closed. Therefore, there was no intent or desire on the part of this body to resume that prosecution. Our actions have been governed by our duty as set out at the beginning of these presentments.
Ogletree shot and killed William Bell in front of a filling station

TUESDAY, NOVEMBER 17, 1953

93!)

in the City of Forsyth. Mr. Bell was a licensed minister, and was at the station around 9 o'clock at night waiting for some work on his car. Ogletree was home on furlough from the army, and had gone around with a chip on his shoulder since he had been back. He gave every appearance of being a normal, healthy person, and there was no medical evidence to the contrary. The evidence showed a cold-blooded murder without excuse or provocation. The statement of the defendant was rebutted by other testimony, and the circumstances and particularly by the expert testimony of Dr. Herman Jones of Atlanta, as to how the shooting occurred.
Ogletree was indicted and tried in Monroe County, the trial was orderly and quiet. A brother of the Solicitor represented the defendant. The Solicitor with the help of two Forsyth Attorneys prosecuted the case. The case went to the Supreme Court where the verdict was upheld. The case then went to the Pardon and Parole Board on January 7, 1953. The Solicitor and one of the local attorneys appeared before the Board. on this date. The Board denied the commutation on January 9, 1953. The Board suddenly without notice to any one commuted the sentence on January 29, 1953.
After the sentence was commuted an announcement was made that Solicitor Garland had sent a telegram to the Board in which he stated that the defendant did not receive a fair trial, and that he was in danger of mob violence at the trial. An investigation was begun to find out the facts.
The Solicitor went to the Board on January 15, 1953, and discussed the case, stating that he was very much concerned about the Ogletree case; that he did not feel that the man had a .fair trial and that it was not possible for him to have a fair trial under the prejudicies and circumstances that existed at the time of the trial. Later on January 27, 1953, Solictor Garland talked with Chairman Pannell by telephone which was reduced to writing by the Board and in the course of conversation the Solicitor was asked the direct question: "If you feel that he had a fair trail, thats what we want to know." The Solicitor answered, "Yeah." Pannell then asked. "Then if you have gone over it, and talked to this office, do you think he got his constitutional rights, and a fair trial." Garland answered, "Yeah".... "If I hear of anything between now and Friday, will get in touch with you." We do not know whether he heard of anything, but it is known that the next day the Solicitor sent a telegram to the Board saying that Ogletree's sentence should be commuted.
On the day the sentence was commuted, the father-in-law of the Solicitor learned of the telegram being sent, and called the Board, and asked if they had acted on it. He was told they had not, and then the father-in-law told the Board to disregard the telegram, and look into the matter before acting. The Board disregarded this suggestion, and without making further investigation to verify the Solicitor's statement, acted at once on the case without notifying the attorneys who had helped prosecute the case in the courts, and before the Parole Board.
Reconsideration of the case by the Board was kept very quiet. The charge by the Solicitor that Ogletree or anyone could not get a fair trial in Monroe County stunned the people. This charge was, and is untrue. The Parole Board now admits that this statement was unfounded and praised the people of this county for its high type citizenry. Never in the history of this county has anyone ever been in danger of mob

940

JOURNAL OF THE HOUSE,

violence, and our courts have always been considered fair. The Solicitor's brother who represented the defendant immediately after the trial told the presiding Judge that he had received a fair trial, and every consideration possible. The Solicitor himself had argued before the Board on January 7, 1953, and again in the telephone conversation repeated the statement that a fair trial was received.
The conduct of the Solicitor has upset the balance of the orderly judicial processes, he taking it upon himself to decide what jury verdicts should be, and what the courts should rule, and if they should be different from his views he proceeds to overrule them, and indicts the people of an entire county by saying that they are not capable of holding court. Before the February Grand Jury, 1\:lr. Kimbrough and Mrs. Garrett, (then Mrs. Rainey) both testified that no additional evidence came before the Board after their first decision to support a reversal of their decision. Chairman Pannell that an additional investigation had been made, and that at least 25 affidavits, letters or oral contacts (the substance of which had been reduced to writing, and considered by the other members of the Board) to support the charge of the Solicitor. That Grand Jury tried to get the records to verify this. Attorney General Cook in a telephone conversation with Judge Willingham ruled that the records could not be brought or examined by a Grand Jury.
On August 3, this Grand Jury convened and began efforts to get the records, and in this undertaking many attempts were made to prevent us from getting the records, and a few (who were later learned to be interested in the case) tried to discredit the efforts of the Grand Jury.
Finally the date of October 26th, was set for a showdown and a hearing before the Court as to whether we would get the records. On the date set for hearing, the records were produced without a ruling. Our Solicitor Pro Tern. Hugh Sosebee, had previously advised that the Board had no authority to withhold such information from a Grand Jury. We think this is sound. Our courts are the Supreme Authority, and if any Board could withhold information from the Courts, then our courts would breakdown. The Constitution of our State established the Superior Court, and give it exclusive jurisdiction to investigate, and try felony cases, and this authority cannot be restricted by a mere act of legislature. Had the records been provided originally in the right sense of truth and justice, the state of Georgia, the officials involved, and Monroe County might have been spared a great deal of expense and effort. If however certain authorities felt as they indicated, that it was legally and morally wrong for the records to be provided for our investigation originally then there has been no reason to change. The laws and moral code have not changed in that short period. They should have resisted our efforts to the end. Corruption cannot exist under the cold light of honest investigation.
We examined the records and they were few outside of the brief of evidence in the case which is of record in the Supreme Court, and the last Grand Jury's presentments. The Board members were given the opportunity to point out to the Grand Jury some evidence in the file to support the charge of the Solicitor that there was danger of mob violence, or that Ogletree did not receive a fair trial. NO EVIDENCE WAS POINTED OUT. THERE WAS NONE.
The Solicitor has said that it was what was outside of the record

TUESDAY, NOVEMBER 17, 1953

941

that caused him, and the Board to take this action. On this we can agree. Whatever it was it was outside of the record, but remains unknown to this Grand Jury.
It is amazing to this Grand Jury that on a thing as important as a human life a case would have such scant evidence as was in this file.
It was rumored that between the first hearing of the Ogletree case by the Parole Board and the time of the commutation of the sentence that several local people might have appeared before the Board or written to the Board concerning this case. There was no record to indicate such had happened. It was brought out during the examination of the witnesses that Col. William B. Freeman was by their office on other business and discussed the Ogletree case. Later the witness testifield that Col. Freeman refused to discuss the case.
In our investigation evidence was brought out that irregularities exist in the Pardon and Parole system over which this Grand Jury does not have jurisdiction. This evidence is available to the proper Grand Jury upon their request.
The Solicitor reversed himself on several occasions. First, he felt that he needed the help of his assistant when he first appeared before the Parole Board. Then when he decided to resign and reverse his stand in this case he did not let anyone know of his trip to Atlanta. Mter telling the Board members he planned to resign and how he felt about the case, they asked him to go back home, talk to the Judge who heard the case, witnesses or anyone who might help him satisfy his mind. When contacted later in McDonough by phone, by the Board, he told them that he felt that Ogletree had gotten a fair trial. This fact having been previously mentioned in these presentments. He also told the Board members the same day on the phone that he had been back to Forsyth and "had about exhausted all the avenues" and knew of no change. That he had re~read the record as carefully as he could and found some things he had overlooked originally. He then stated "Looks like to me the man just armed himself and went down there and killed the man." Then, two days later the Parole Board received a telegram for the Solicitor saying in his opinion the Ogletree sentence should be commuted.
This is not the first time the Solicitor has been unstable on a case. One James Evans was tried and convicted by a jury in this county in November 1952 and given a prison sentence for making liquor. The attorney for Evans filed a routine motion for a new trial and the Solicitor consented for the trial judge to set aside the verdict without a brief of evidence and for the sole purpose of permitting the defendant to plead guilty and pay a small fine. This action was "quietly" handled by the Solicitor and was not known for some time. Why put the county and jury to the expense and trouble of trying these cases if the opinion of the Solicitor is to control the jury and courts?
Then again during our present term of court two men plead guilty of making liquor in Monroe County. The officers, state and county, testified that they had been watching the still some time but had been unable to catch anyone there and while it was not a big still it was above the average in size and had made a lot of liquor. A straight sentence of 12 months was given each defendant. But these men had nothing to worry about because a day or two later the Solicitor brought

942

JOURNAL OF THE HOUSE,

a man around to the presiding Judge Horne and asked that the sen- tence be revoked and a small fine given. The recommendation of the
Solicitor was made in open court during recess. The officers who investigated the case were not present. The sentence was revoked but not in open court. This too was "quiet." We emphasize the quiet part for fear there may be those who say that the Grand Jury should not question what the Solicitor does or what goes on. This illustrates what happens when things are not handled in the open. The court functions best when people know what is going on. This Grand Jury asks in seriousness what can a county do when a Solicitor acts like this?
Freedom of the press is one of America's most cherished and most sacred freedoms. It must be guarded against any and all enemies. One of its strongest safeguards should be the realization that with all freedoms and rights there is handed to us certain responsibilities and in this case, in particular, it is the responsibility of truth and right.
The cloak of that freedom does not fit well on the shoulders of those who by reason of laxity or deliberately fail to gain all information possible from the best and most truthful sources in order to assure his reader or listener with sound information.
There is no substitute for the truth and no excuse for fabrication.
To some representatives of our local press we should like to point out that one of the greatest dangers to their noble profession, and one of the greatest disservices rendered to the public is that of selective news publishing. A distasteful act or task cannot be forgotten or solved by refusal to recognize it. Our people deserve all truthful information on these matters that can be obtained.
The comparison of our investigation with the cry of a New York politician that he be allowed to see or have publicized certain confidential records of the state's pardon and parole board is very deeply resented.
And we wish to point out that there is a vast difference in making those records available to curious citizens, or one who wishes to make personal gain from them, and providing them to a legally constituted investigative body whose duty it is to investigate all matters brought before it.
There is also a vast difference in making these records public information, and releasing them to a body of citizens, who are chosen because of their trustworthiness, and who are legally designated investigators for the people.
In view of the unstableness of our Solicitor General as previously pointed out and other obtainable evidence we recommend that our Representative proceed to impeach Solicitor Ben Garland at this November session of the General Assembly.
We wish to commend Col. Hugh D. Sosebee and Col. Frank C. Jones, for their able assistance in our investigation. We are aware of the sacrifices they made in accepting this responsibility.
We wish to express our appreciation to Judges Edmondson, Manning and Vaughn for coming into our county and conducting the business of our court. These Jurists took up much of their valuable time to ren-

TUESDAY, NOVEMBER 17, 1953

943

der a much needed service to the people of Monroe County and we commend them for it.
We recommend that a copy of these presentments be published in the Monroe Advertiser.
We ask that authority be denied for any partial publication or quotation of these special presentments in any papers but that authority be given for the full publication of these special presentments in any newspaper or magazine.
Submitted this November 9, 1953.
W. M. Tribble Foreman Hill D. Searcy Foreman Protem Harris H. Carter Clerk Hugh Chapman W. 0. Wadley J. H. Butler Frank J. Pippin Renfroe Watson J. Allen Benson Cecil H. Gray J. E. Dorner Ben T. Banks, Jr. Albert F. Bunn John W. Collins Ira R. lvey T. M. Smith C. D. Hollis C. Paul Freeman George W. Page Jerry H. Childs Butler Vaughn John W. Hall
The above and foregoing special presentments received in open court and approved and ordered filed. Publication is ordered to be had in the Monroe Advertiser for one issue. Partial publication or quotation is denied. Permission for publication in full is granted. Same to be done if done at the expense of such publication or publisher, except that the Monroe Advertiser is to be paid the usual fee for such publishing.
This November 9, 1953.
Clarence Vaughn, Judge Superior Courts, Stone Mountain Circuit, Presiding.
Filed in office, November 9, 1953. Alice D. Vaughn, Clerk
STATE OF GEORGIA, MONROE COUNTY CLERK'S OFFICE, SUPERIOR COURT
I, Mrs. Alice D. Vaughn, Clerk Monroe Superior Court do hereby

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JOURNAL 01<' THE HOUSE,

. Certify that the foregoing eight (8) pages hereto attached c.ontain a true and correct copy of Special Presentments returned by the Monroe County Grand Jury- August Term, 1953, just as same appear of file and record in this office.
WITNESS my hand and seal of said court this 11th day of November, 1953.
Alice D. Vaughn (Mrs.) Alice D. Vaughn Clerk Superior Court Monroe County, Georgia

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 142-467a. By Mr. Moore of White.
A Resolution designating state park in White Couny as the "Unicoi State Park", 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 236. By Messrs. Harrison of Wayne, Moate of Hancock and Mincy of Ware: A Bill to be entitled an Act to provide for clearly marking all vehicles used in making arrests for traffice offenses, and for other purposes.
The report 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 504. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to qualifications of a notary public, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, nays 2.
The bill, having received the requisite constitutional majority, was passed.

HB 255. By Messrs. Nightingale of Glynn, Li;fsey of Lamar and others:
A Bill to be entitled an Act to amend Section 69-308 of the Code of Georgia so as to require the filing of a written demand as a prerequisite

TUESDAY, NOVEMBER 17, 1953

945.

to bringing of any suit against any municipal corporation for personal or property damages within six months, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on General Judiciary No.2 moves to amend HB 255 as follows: By striking in the title and in Section 1 of said Bill wherever they occur the words and figures "ninety (90) days" and substituting in lieu thereof the words and figures "six (6) months".

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 5.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 606. By Messrs. Carswell of Burke, Scoggin of Floyd and others:
A Bill to be entitled an Act to regulate the killing of rabbits, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 56, nays 72.
The bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Carswell of Burke gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 606.
Under the regular order of business, the following bill of the House was again taken up for consideration:

HB 201. By Mr. Harris of Bibb:
A Bill to be entitled an Act to amend Section 38-1501 of the Code of Georgia relating to the attendance of witnesses in court, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on General Judiciary No.2 moves to amend HB 201 by adding thereto the following, to be denominated Section 1A, to-wit: "Section 1A. Not less than 24 hours before the commencement of the trial of any case in which any witness subpoena has be~n issued in blank, as permitted in Section 1 hereof, the party, or his attorney at law, obtaining any such subpoena shall present to the Clerk of the Court (or if there be no clerk, to the presiding judge or justice) the name and address of any witness who has been subpoenaed to appear as a witness in the case by use of any such subpoena issued in blank; and upon failure so to do, said party shall be deprived of any claim for continuance in the case based upon the failure of any such witness to appear in court in answer to such subpoena."
The following amendment was read and adopted:

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JOURNAL OF THE HOUSE,

Mr. Harris of Bibb moves to amend the caption of HB 201 by adding in the next to last line of the caption after the words "proposed witness", the following: "to provide for return of service of said subpoenas".

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. Harris of Bibb moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Abney of Catoosa Adams of Evans Alexander Ayers
Barber of Colquitt Barber of Jackson Baughman Bell Birdsong Blackburn Blalock
Bloodworth Bodenhamer Boggus
Bolton Brannen Bray
Brazeal Britton Brown Buie Byrd
Callier
Campbell of Oconee Campbell of Walker Carswell Cheatham Coker Conger Connell Coogle
Cornelius Cowart Cummings Deal
Deen of Bacon Denton Dews Drinkard Dunaway Duncan Edenfield

Floyd Flynt
Foster Fowler Freeman Frier Garrard Gilder Gillis Goodson Gowen Graham
Green of Baldwin Greer Grimsley
Groover of Bibb Gunter Hale Hall Hamilton Harper Harrell Harris Harrison of Wayne Hayes
Hicks Hodges Holley Hollis Holloway Holton Hopkins
Huddleston Hughes Hurst Ingle Ivey Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett

Jordan of Wheeler Kemp Key King
Land Lanier Lavender Lewis
Lifsey Little Lokey Lovett McGarity
McGee McKenna
McWhorter Matheson Matthews Mauldin Mincy Mishoe Moore of Pickens Moore of White Moye Mull Murphey of Crawford Murphy of Haralson Musgrove
Nelson Otwell Parker Perkins
Pickard Raulerson Ray Register Rowland Rutland Scoggin Short Sipple of Chatham Sivell

TUESDAY, NOVEMBER 17, 1953

947

Smith of Cobb M. M. Smith of Fulton
Stephens of Clarke Stocks Swindle Tamplin Tarpley
To.dd Trapnell

Tumlin Turk Turner Twitty Upshaw Ursrey Walker Wardlow Weems

Whitener Wiggins Williams of Bulloch Williams of Franklin Williams of Tift Wooten Young

Those voting in the negative were Messrs.:

Adams of Upson Bentley Best Boggus Brantley Chastain Clark Clary Coffin

Dean of Towns Durham Gardner Greene of Crisp Harrison of Jenkins Henderson Horne Jackson Layton

Moate Murr Peacock Stevens of Marion Veal Watson Willis

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

On the passage of the bill, as amended, the ayes were 151, nays 25.

The bill, having received the requisite constitutional majority, was passed, as amended.

Under the provisions of HR 213, 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, and was called to order by Lieutenant Governor Marvin 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 GENERAL ASSEMBLY AND MY FRIENDS:
It is with a full heart that I come before you today.
I come with boundless faith and confidence in our democratic form of government, the people of Georgia, and their elected representatives.
As I reassert that faith on this occasion, I do so with fond memories and a deep sense of gratitude for those who have worked long and unselfishly to record this administration on the scrolls of high endeavor.
For now it is clearly written, that here is an administration wherein the bright promises of political campaigns were translated into reality, many times over.
On this day when our legislative body reassembles to take up discussion of the problems that face us in the future, I believe I can truthfully say that by laboring together cordially and in a determined spirit of cooperation, we have

948

JOURNAL OF THE HOUSE,

accomplished more tangible benefits for our citizens than any preceding administration in our history.
These improvements are out there in brick and stone, in steel and concrete.
They are there in the teamwork we have created among all the departments and divisions of our government.
And they are there in the close unity of purpose welded among our citizens by the lasting and constructive achievements of this administration.
Now, let us look at our unprecedented record.
Today, out of a total income of $218 million annually, we are providing for public school and college education $115% million or about 53 o/o of our total revenues.
The sales tax is coming in at the rate of $98 million this year; which means that we are putting all of that money on education plus an additional $17 million.
No other state with comparable resources can match our all-out educational effort in Georgia. By the end of next year, the present administration will have provided for common schools $44 million more than all other State administrations from 1871, when the public schools were created, down to November, 1948, when we took office.
Teachers' salaries have been raised from an average of $624 in 1945-46 and $1,260 in 1947-1948 to the present $2,820. This not only has attracted 5,000 new teachers but also has served to hold better qualified members of the 'profession. Our pay scale now compares favorably with neighboring states.
For the first time, salaries for white and colored teachers have been equalized. The appropriation for bus transportation has been quadrupled. Over a thousand new buses have been added. The nine month's term, fully financed, is a reality. A new twelfth grade has been added. Funds are being provided for school lunch administration and facilities. Teacher retirement has been liberalized.
On top of all these things, we have taken our greatest educational stride through the State School Building Authority.
In this gigantic program, we are now erecting or have approved a total of $125 million in new school building contruction in 89 counties and in 13 independent systems. The latest count shows 781 new structures are underway or are in the final planning stage. Another $35 million in new building is in the works and slated for early approval.
Let me commend Speaker Hand and this Authority for zealously guarding local control. We all thank its membership for the negligible amount of expense the Authority has had in its operations, only about $45,000 in administrative costs since its inception.
By the time this Authority completes its work, there will have been provided, through the Authority and local support, for our Georgia school children, over $200 million in new buildings of all kinds and we will have equalized facilities among the races.
While making these tremendous advances is our common schools, at the same time, we have written a similar record of fulfillment in the University System of Georgia.

TUESDAY, NOVEMBER 17, 1953

949

The first building authority to be put in operation by this administration

was one to provide new facilities for the University System. Its success in fur-

nishing $20% million for 32 new dormitories, libraries, classrooms and other

related structures marks it as one of the most constructive undertakings in our

state governmental history.



Another very important step that we are taking, is the expansion of our Univfi!rsity Medical School at Augusta. Existing buildings are being enlarged. A new $600,000 administration and classroom structure has been started. The new $14 million Eugene Talmadge Memorial Hospital Medical Center, for use in conjunction with the school, is well underway. It has been decided that for best administration this institution should be operated by the Board of Regents.

We are preparing not only to train more doctors but to equip them with the best which advanced medical science can offer. Incidentally, we will also begin training badly needed nurses when the new hospital is opened.

A long-sought attainment, rivaling our educational betterment, is the vast hospital and health center construction program. This is the outstanding advancement we have made in the field of public health.

On the local level, this activity already has brought communities 49 new hospitals and 61 fine health centers, all costing about $54 million. By the end of next year over $70 million worth of these humanitarian facilities will bring health and hospital services within the convenient reach of every Georgian.

New wards for treatment of an additional 600 patients have been opened at Battey Hospital. And 260 more doctors, nurses and attendants were employed to staff them.

At Milledgeville State Hospital, wrecking crews have been busy blotting out what was once a source of shame for all Georgians. Three new hospital buildings with 3,000 beds and an ultra-modern dental clinic have been placed in operation. A massive central warehouse has been constructed and hospital supply put on a business-like basis. Diets, once bland and inadequate, now feature the best foods available and planned recreation has surplanted previously enforced idleness. The professional staff has been doubled and the number of attendants increased one-third. The morale of all employees has soared under the incentive of better salaries and extension of the Merit System.

Another vital undertaking, in which we have a deep personal interest, is that of providing human security for our needy. We can all take justifiable pride in the fact that this program is approaching the $60 million mark, as compared to one-third of that figure when this administration took office.

We are not shirking the task of providing assistance for our aged, blind, dependent children and totally disabled. In addition to instituting the latter program, we have doubled the average pension payment, notwithstanding the fact that we also have added nearly 29,000 new names to the rolls.

This administration has brought highway reform to Georgia. Grants to counties for road work were doubled. All gasoline and tag revenues were allocated to highway use. As a result, the overall highway and rural road program has now been stepped up to $53 million a year as compared to $37 million annually for roads in 1947-48.

Last session, you created a new Bridge Authority empowered to build $30 million in new bridges. Soon you will see rising over our rivers and streams the first $10 million of these new spans. They will replace rickety structures which have long been such a source of irritation and danger to the motoring public.

950

JOURNAL OF THE HOUSE,

Our rural road program, representing an expenditure so far of $4% million, in this administration together with the total outlay for paving, grading, mayor reconstruction and new bridges on through highways of $146% million, having combined to institute the greatest era of road building since your highway Department was created.
These figures represent the impressive aggregate of 12,432.3 miles of contracts on various types of highway and post road construction at a grand total cost in this administration of $187,867,276.77.
For the farmers of Georgia, we have constructed 18 new markets and have made major improvements to 14 existing facilities since November, 1948. Through these added facilities, we have stimulated total market sales from $43 million in 1948 to over $75 million in this current year.
For the further sound development of our livestock, dairy and poultry industries, we have created or are financing laboratories to advise farmers on feeding, disease prevention and other problems with their animals and poultry.
Three new experiment stations have been placed in operation. A fleet of five mobile soil testing units now work out of the main experiment stations to serve farmers over the entire State.
Georgia's forestry program which ranked 46th in the. nation in November, 1948, today stands third in the amount expended and first in the number of acres protected. This administration inaugurated the statewide forestry protection program which has been made available to all 159 counties and utilized by 132 counties.
To meet the demands of reforestation, seedling production has been expanded, with the addition of two new nurseries, to more than 10() million annually. Our program has attracted new pulp and paper mills to locate in Georgia and encouraged existing facilities to expand their operations. '
This administration has worked day and night to bring to our :veterans every possible benefit. They richly deserve all support we can provide for them. Our program has worked with such success as to be hailed as exemplary in the nation.
This administration has revolutionized its prison system from top to bottom. For the first time we have segregated juvenile prisoners from hardened offenders. We have made the main prison self-supporting. Conditions have been so much improved that Georgia's prison system, once a sore subject, is now recognized as a model throughout the country.
Georgia is acting in concert to attract sound business and factory development.
This undertaking is producing impressive results.
Management of both small and large plants more and more are coming to realize that it is good business for them to locate in Georgia.
For the first time in our history we have established a State Port at Savannah. It is a tremendous financial success, while at the same time, it performs a magnificent service furthering our foreign trade in both industry and agriculture.
Since 1949, the gross earnings of the State docks have totaled $2,345,000, three times what this administration paid the federal government for the property.

TUESDAY, NOVEMBER 17, 1953

951

Nowhere in the entire South, berth for berth, is there a better equipped ocean terminal. It is the only one of its kind standing on its own feet without the aid of State subsidy.
Let me express for the people of Georgia and for myself, as governor, appreciation to the employees and officials of the various institutions and departments, for the able way in which they are performingg their duties.
From seven agencies, embracing 3,600 employees, under the Merit System in 1948, coverage has been extended so that now 9,600 workers in 36 departments are covered by the competitive system of personnel selection.
We can all take warm satisfaction from the fact, that through cooperation, we have now in progress more than a half billion dollars in permanent public improvements which will serve present and future generations of Georgians.
In view of the short time that is remaining in this session, the possibility of much additional legislation will be limited. However, I have some recommendations which I should like to submit for your consideration.
FIRST, three states, Indiana, Kentucky and Tennessee, are forming plans to build a four-lane, North-South highway from a point near Chicago to Nashville, Tennessee. Florida has formed plans to build a similar highway from Miami to a point 110 miles North of that city. Georgia is considered as an important link on this route designed to handle heavy tourist traffic. Alabama, to the West, is also considering connecting this road through that State.
It has been estimated by highway authorities that for Georgia to make one of its present routes a four-lane, toll-free, road would require an expenditure of over $100 million. This would absorb virtually all of our available primary road funds for several years.
We must not lose Georgia's share of this North and South tourist business. I recommend that you give this matter your careful and thoughtful consideration.
SECOND, regarding our Georgia Workmen's Compensation Act, let me urge you to review and study our law which protects our working people in case of death or injury.
And, wherever, it may be found to be below the average of other Southeastern States, let me urge that its provisions be adjusted in order to more adequately protect labor, at the same time being fair to management and fair to the public.
THIRD, it has proved difficult for the farmers and other citizens to vote in early primaries during the heaviest working season in the fields. Our Democratic primary is the real election in Georgia. I urge you to fix by law the time of holding statewide primaries by political parties on the traditional date, that is, the second Wednesday in September, and that provision be made for personnel of the armed forces to participate by proper action on the part of party authorities.
FOURTH, in March of this year, you passed the Floyd Anti-Subversives Act which outlawed Communism in Georgia. Since that time an Assistant Attorney General has conducted extensive investigations into subversion in this State.
We have made substantial progress.

952

JOURNAL OF THE HOUSE,

While Georgia is one State in the Union which for years has successfully resisted Communist infiltration, the facts we have uncovered are disturbing.
During recent weeks earnest effort on the part of the State government, particularly in its independent agencies and departments, has been made to free the State payrolls of any Communists, fellow-travelers, or disloyal persons.
I report to you that those who are known to us have been severed or are now being removed. And, if others are found, they will also be discharged.
In view of the revelations which have been made recently in our University System, I think it is imperative that we institute in the State government a sane and constructive loyalty program to insure that all of the people who are now employed by the State of Georgia, or who may be hereafter employed, are all 100% loyal Americans.
This can be accomplished effectively by a few simple amendments to the present Anti-Subversives Activities Act. I would recommend an amendment requiring execution under oath of an appropriate questionnaire, similar to that now required by the United States Civil Service Commission for all federal employees.
This should be extended to all agencies of the State and all personnel who are compensated either in whole or in part by the taxpayers' money.
FIFTH, it is with a sense of satisfaction that we report to you today, race relations in the South are better than they have ever been at any time. State programs of unprecedented scope and magnitude are being carried on for the benefit of all our people. We are straining the treasury to equalize public school and college facilities.
If let alone we can work out all our own problems within the proper sphere of State jurisdiction.
However, it is with regret that I inform the General Assembly that our constitutional system of separate schools and colleges is in grave danger.
I cannot bring myself to believe that the United States Supreme Court will make a scrap of paper out of our Federal Constitution.
I cannot bring myself to believe that political considerations will override sound judgment and fundamental social relations.
I cannot bring myself to believe that the justices, who transiently compose the United States Supreme Court, will repudiate that courts own previous decisions of 75 years standing.
I cannot bring myself to believe that in this grave time of international peril men of judgment will rend our country asunder.
Nevertheless, we must be prepared with a plan to save our constitutional system of separate education in the calamitous event of an adverse decision by that court.
Once the ruling is made, no matter how wrong and illegal it may be, it becomes subject to application by all Federal courts in cases regarding public school systems. But, on the other hand, there is no reason to believe that such a decision would apply under any circumstances to private educational institutions.

TUESDAY, NOVEMBER 17, 1953

953

For compelling reasons, I urgently request the establishment of a study and fact-finding commission on public school and higher education.
This commission should explore practical and legal considerations in con.nection with the very real threat which now hovers over us.
It will serve a two-fold purpose. It will work out a plan of defense. And just as important, it will serve to spotlight before the people of this and other states, the various aspects of legal questions involved.
I know not what others may do, but I need not remind this General Assembly or the people, of my solemn promise to you and to them, that as long as I am your governor, there will be no mixed schools and colleges in Georgia.
SIXTH, and finally, we are living within our State income. At the present rate of collections, based upon the first four months of the current fiscal year, our total revenues will again be about $218 million. We are spending this year at the rate of $226 million, necessitating a continued dip into our surplus funds.
Earlier this year, I ordered a 6% budget reduction for all agencies except Education and Battey Hospital. If our income holds up to present levels, we will be able to carry on until the next Appropriations' Bill becomes effective.
It is absolutely essential that you resist all efforts to appropriate more money for any purpose or to alter the Appropriations' Act which you adopted last January.
Now, my friends, Georgia has been bounteously blessed by Nature.
She is a fair land tenanted by noble people.
Let us take this land together and in the same spirit of unity and progress we have enjoyed for recent years, let us move on to even greater achievements.
We look now to the horizon of the future with vigor and determination, confident that with God's help, we can forge ahead to even finer, tomorrows.
Mr. Connell of Lowndes moved that the joint session be now dissolved, and the motion prevailed.
The Speaker called the Hou.se 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 Mr. Murr of Sumter for Monday, November 23, 1953.
The. Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

954

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Wednesday, November 18, 1953.

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 Reverend Allen Thomas Newby, The Methodist Church, Hampton, Georgia.

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

Mr. Garrard of Wilkes, 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. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 of the House were read the first time and referred to the committees:

HB 744. By Messrs. Gowen of Glynn, Matthews and Stephens of Clarke, Campbell of Oconee, Hand and Twitty of Mitchell and M. Smith of Fulton:
A Bill to be entitled an Act to authorize and empower all private corporations heretofore or hereafter chartered to make donations, and for other purposes.
Referred to the Committee on University of Georgia.

HB 745. By Mr. Cheatham of Chatham:
A bill to be entitled an Act to amend an Act entitled "An Act to prohibit any person who shall with malice aforethought, kill another

WEDNESDAY, NOVEMBER 18, 1953

955

for the purpose of inheriting the property of the deceased, etc., and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 746. By Mr. Groover of Bibb:

A bill to be entitled an Act to provide for the dismissal of suits in the

Courts of this State when they have been pending for a period of five

years or longer, and for other purposes.

-

Referred to the Committee on General Judiciary #2.

HB 747. By Mr. W. L. Denton of Paulding, Murphy of Haralson, Fowler of Douglas, Cornelius and Dunaway of Polk:
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 Pensions.

HB 748. By Messrs. Weems and Floyd of Chattooga, Hale of Dade, Campbell of Walker, Coker of Walker:
A bill to be entitled an Act to amend an Act authorizing the chartering and empowering of corporations; relating to the incorporation of literary, charitable and social associations, and for other purposes.
Referred to the Committee on Corporations.

HB 749. 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 entitled "An Act to authorize and direct the Board of Regents of the University System of Georgia to construct and operate a hospital for the indigent sick or near indigent sick in conjunction with the State Medical College, etc., and for other purposes.
Referred to the Committee on State of Republic.

HB 750. By Messrs. Stephens and Matthews of Clarke:
A bill to be entitled an Act to authorize incorporated towns or cities of this State to provide off-street parking facilities for motor vehicles and to make a reasonable charge for the use of the facilities so provided, and for other purposes.
Referred to the Committee on Municipal Government.

HB 751. By Messrs. Williams of Franklin, Groover of Bibb, Moore of White and Matheson of Hart:
A bill to be entitled an Act to amend an Act relating to lunacy proceedings, so as to clarify the laws as to the fees to be allowed the ordinaries, sheriffs, bailiffs, and commissioners in such proceedings, and for other purposes.
Referred to the Committee on Special .Judiciary.

956

JOURNAL OF THE HOUSE,

HB 752. By Messrs. Strickland of Brantley, Deen of Bacon, Mincey of Ware, Buie of Camden, Greer of Lanier, Twitty of Mitchell and many others:
A bill to be entitled an Act to repeal an Act providing for the erection and operation of Welcome Stations at the main highway entrances into this State, and for other purposes.
Referred to the Committee on Public Highways #2.

HB 753. By Messrs. Williams of Franklin and Moore of White:
A bill to be entitled an Act to amend an Act defining and enlarging the jurisdiction of the courts of ordinary, relative to certain traffic cases, etc., and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 754. By Mr. Watson of Dougherty:
A bill to be entitled an Act to amend an Act known as the General Tax Act, so as to remove the provision relating to the tax upon dealers in gun shells, and for other purposes.
Referred to the Committee on Ways and Means.

HB 755. By Messrs. McGarity of Henry, Kemp and Foster of Clayton, Twitty of Mitchell and Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide for the deduction, as a business expense of the cost of providing for the care of children under sixteen years of age, when such care is for the purpose of enabling the taxpayer to be gainfully employed; and for other purposes.
Referred to the Committee on Ways and Means.

HB 756. By Messrs. Stephens and Matthews of Clarke:
A bill to be entitled an Act to amend an Act relating to compensation of County Treasurers, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 757. By Mr. Lovett of Laurens:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, by decreasing the period of time for which public utility franchises shall be granted from twenty years to five years, and for other purposes.
Referred to the Committee on Municipal Government.

HB 758. By Messrs. Harris, McKenna and Groover of Bibb:
A bill to be entitled an Act to amend an Act to establish the City Court of Macon; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers, and for other purposes.
Referred to the Committee on Municipal Government.

WEDNESDAY, NOVEMBER 18, 1953

957

HB 759. By Mr. Lovett of Laurens:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin in Laurens County, so as to authorize the Mayor and Council of Dublin to employ persons skilled in matters pertaining to city taxation, etc., and for other purposes.
Referred to the Committee on Municipal Government.

HB 760. By Mr. Graham of Richmond:
A bill to be entitled an Act to amend the charter of the City of Augusta to authorize the Mayor of the City of Augusta with approval ef Council to fill vacancies that may occur in council, and for other purposes.
Referred to the Committee on Municipal Government.

HB 761. By Mr. Walker of Rockdale:
A bill to be entitled an Act to repeal an Act entitled "An Act to fix the salary and other compensation for the Commissioner of Roads and Revenues of Rockdale County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 762. By Mr. Lovett of Laurens:
A bill to be entitled an Act to provide that all primary elections for county officers in the County of Laurens shall be held at the same time and on the same date that the elections for members of the General Assembly are held, and for other purposes.
Referred to the Committee on Counties and County Matters.

liB 763. By Mr. Lovett 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 establish a Water, Light and Gas Commission for the said City, and for other purposes.
Referred to the Committee on Municipal Government.
HB 764. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to provide for the coverage of certain officers and employees of Bibb County 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 Counties and County Matters.
HB 765. By Messrs. Hollis, Young and Pickard of Muscogee:
A Bill to be entitled an Act to ratify and confirm deed of conveyance dated May 16, 1902 and recorded October 24, 1902 in Deed Book PP, folio 523-524 in the Office of the Clerk of the Superior Court of Muscogee County, and for other purposes.
Referred to the Committee on Counties and County Matters.

958

JOURNAL OF THE HOUSE,

HB 766. By Messrs. Hollis, Young 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 east the fee simple title to that part of Eighth Avenue in said City of Columbus, etc., and for other purposes.
Referred to the Committee on Municipal Government.

HB 767. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the Charter of the Town of Athens, and for other purposes.
Referred to the Committee on Municipal Government.

HB 768. By Mr. Ivey of Newton:
A bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the town of Oxford; and for other purposes.
Referred to the Committee on Municipal Government.

HB 769. By Mr. Ivey of Newton:
A bill to be entitled an Act to amend the charter of Covington, so as to authorize the construction and maintenance of a gas distribution in said city and for a distance of twelve miles without the corporate limits thereof excluding the Town of Porterdale; and for other purposes.
Referred to the Committee on Municipal Government.

HB 770. By Messrs. Stephens and Matthews of Clarke:
A bill to be entitled an Act requiring the Board of Commissioners of Roads and Revenue of Clarke County to supplement the salary of the Western Judicial Circuit Court Recorder in the sum of $900.00 per year; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 771. By Messrs. Stephens and Matthews of Clarke: A bill to be entitled an Act to amend an Act entitled "An Act to amend the Charter of the Town of Athens, and for other purposes.
Referred to the Committee on Municipal Government.
HB 772. By Messrs. Stephens and Matthews of Clarke: A bill to be entitled an Act to amend an Act entitled "An Act to amend the Charter of the Town of Athens, relating to all prima!"y and general elections, and for other purposes.
Referred to the Committee on Municipal Government.
HB 773. By Messrs. Stephens and Matthews of Clarke: A bill to be entitled an Act to amend an Act entitled "An Act to

WEDNESDAY, NOVEMBER 18, 1953

969

amend the Charter of the Town of Athens, so as to close Hancock Avenue between Dearing Extension and Waddell Extension, and for other purposes.
Referred to the Committee on Municipal Government.

HB 774. By Messrs. Stephens and Matthews of Clarke:
A bill to be entitled an Act to amend an Act entitled "An Act to amend the Charter of the Town of Athens, so as to provide that the present term of office of the City Attorney, and for other purposes.
Referred to the Committee on Municipal Government.

HB 775. By Mr. Whitener of Whitfield:
A bill to be entitled an Act to amend the charter of the City of Dalton, so as to provide for the leyying of an ad valorem tax for public health and hospital purposes, and for other purposes.
Referred to the Committee on Municipal Government.

HB 776. By Mr. Lokey of fulton:
A bill to be entitled an Act to authorize the Boards of Education of Independent School Systems of cities located in whole or in part in counties having a population of more than 300,000, or any county adjoining such a county, and the Board of Education of any such county or adjoining county, to provide for the operation of speech correction and other specialized schools, and for other purposes.
Referred to the Committee on Municipal Government.

HB 777. By Mr. Gunter of ~all.
A bill to provide for a referendum by which the qualified voters of Hall County may establish a salary system for county officers with term beginning Jan. 1, 1957, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 778. By Messrs. Matthews of Clarke and Tarbutton of Washington: A bill to be entitled an Act to amend an Act defining the meaning of the word "Supplies", and for other purposes.
Referred to the Committee on Ways and Means.

HB 779. By Messrs. Graham, Holley and Bell of Richmond:
A bill to be entitled an Act to amend the charter of the City of Augusta, so as to extend the City limits to include in and about the vicinity of the National Golf Course, Fruitland Nurseries, Bedford Heights, etc., and for other purposes.
Referred to the Committee on Municipal Government.
HB 780. By Mr. Adams of Evans:
A bill to be entitled an Act to amend an Act creating a Board of Com-

960

JOURNAL OF THE HOUSE,

missioners of Roads and Revenues for the County of Eva11.s; so as to fix the compensation of the members of said Board, and :for other purposes.
Referred to the Committee on Counties and County Matters.

HB 781. By Messrs. Bell, Graham, Holley of Richmond:
A bill to be entitled an Act to amend the charter of the City of
Augusta to authorize .the annexation of Forrest Hills and Wheeler Heights upon a referendum of the voters of said area, and, for other purposes.
Referred to the Committee on Municipal Government.

HB 782. By Messrs. Weems and Floyd of Chattooga:
A bill to be entitled an Act to require all candidates for nomination and election to the House of Representatives of the General .A.ssembly of Georgia from Chattooga County to designate and qualify for a specific seat and to name his incumbent opponent; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 783. By Mr. Whitener of Whitfield:
A bill to be entitled an Act to amend an Act to create the Office of
Commissioner of Roads and Revenue for the County of Whitfield, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 784. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A Bill to be entitled an Act to amend the charter of the City of Decatur; granting power to said City to operate and maintain lots for the parking of vehicles, and for other purposes.
Referred to the Committee on Municipal Government.

HB 785. By Mr. Whitener of Whitfield:
A bill to be entitled an Act to amend the charter of the City of Dalton, so as to change the amount of ad valorem tax which may be levied by the City of Dalton upon taxable property within said City of educational purposes, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 786. By Mr. Watson of Dougherty:
A bill to be entitled an Act to amend an Act to establish the City Court of Albany in and for the County of Dougherty, so as to provide for pre-trial conferences in said court, and for other purposes.
Referred to the Committee on Counties and County Matters.

WEDNESDAY, NOVEMBER 18, 1953

961

HB 787. By Mr. Stevens of Marion:
A bill to be entitled an Act to create a charter for the Town of Tazewell, and for other purposes.
Referred to the Committee on Municipal Government.

HB 788. By Mr. Stevens of Marion:
A Bill to be entitled an Act to amend an Act entitled "An Act to fix the salary of the Treasurer of Marion County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 789. By Mr. Stevens of Marion:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Buena Vista, so as to authorize the employment of tax experts for said City, and for other purposes.
Referred to the Committee on Municipal Government,

HB 790. By Mr. Gunter of Hall:
A bill to provide a referendum by which the qualified voters of Hall County may consolidate the offices of Tax Collector and Tax Receiver; and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 242-790a. By Messrs. Hollis, Young and Pickard of Muscogee:
A resolution proposing an amendment to the Constitution by which the General Assembly of Georgia, upon such terms, conditions and regulations as it shall determine, may grant to the governing authority of Muscogee County the right to improve streets and sidewalks within residential subdivisions located in said County without the corporate limits of any municipality, etc., and for other purposes.
Referred to the Committee on Amendment to Constitution # 1.

HR 243-790b. By Mr. Gowen of Glynn: A resolution proposing an amendment to the Constitution relating to home rule, so as to authorize the General Assembly to provide for the self-government of municipalities; and for other purposes.
Referred to the Committee on Amendment to Constitution #2.
HR 244-790c. By Mr. Holloway of Gilmer:
A resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Gilmer County by the people, and for other purposes.
Referred to the Committee on Amendment to Constitution # 1.
HR 245-790d. By Messrs. Nightingale and Gowen of Glynn: A resolution to provide the Court of Ordinary of Glynn County certain

962

JOURNAL OF THE HOUSE,

enumerated volumes of the Georgia Supreme Court, and for other purposes.
Referred to the Committee on Public Library.

HR 246-790e. By Mr. Lovett of Laurens:
A resolution proposing an amendment to the Constitution relating to the county system of public schools by providing that in the County of Laurens the Grand Jury shall select two members of the Board of Education from the east side of the Oconee River and three members from the west side of said river, and for other purposes.
Referred to the Committee on Amendment to Constitution #1.

HR 247-790f. By Messrs. Flynt of Taliaferro, Ray of Warren, Twitty of Mitchell, Smith of Emanuel, Stephens of Clarke and Freeman of Monroe:
A resolution authorizing the placing of a marble bust of Alexander Hamilton Stephens, Vice-Presitient of the Confederate State of America, in the State Capital; and for other purposes.
Referred to the Committee on Historical Research.

HR 248-790g. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A resolution authorizing the State Highway Department of Georgia to convey to Fulton County without cost to the county, all surplus property purchased by said county with its bond funds in the name of State Highway Department of Georgia, and for other purposes.
Referred to the Committee on State of Republic.

HR 249-790h. By Messrs. Watson and Gardner of Dougherty:
A resolution confirming a deed by the Governor of Georgia, acting for the State of Georgia, to the City of Albany of certain property in Cheehaw State Park, and for other purposes.
Referred to the Committee on Public Property.

HR 250-790i. By Mr. Sivell of Harris:
A resolution authorizing the sale by the State of Georgia of a onefourth undivided interest in a small tract of land located in Harris County, and for other purposes.
Referred to the Committee on Public Property.

HR 251-790j. By Mr. Rowland of Johnson, Lavender of Elbert, Key of Jasper, and others:
A resolution proposing an amendment to the Constitution so as to establish the State Board of Workmen's Compensation as a constitutional Board independent of any other department of Government; and for other purposes.
Referred to the Committee on Industrial Relations.

WEDNESDAY, NOVEMBER 18, 1953

963

HB 791. By Mr. Greene of Crisp:
A bill to be entitled an Act to amend an Act defining and enlarging the jurisdiction of the Courts of Ordinary with relation to certain cases, and for other purposes.
Referred to the Committee on General Judiciary #1.

HR 252-791a. By Mr. Green of Rabun:
A resolution proposing an amendment to the Constitution authorizing Rabun County to levy a tax not exceeding 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 Rabun County and in encouraging tourist trade; and for other purposes.
Referred to the Committee on Amendment to Constitution # 1.

Mr. Gowen 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 Chairm11n, to report the same back to the House with the following recommendations:
HR 218-743d. Do Pass.
HR 238-743x. Do Pass.
Respectfully submitted,
Gowen of Glynn,
Chairman.

Mr. Lavender of Elbert 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 Chairmal\ to report the same back to the House with the following recommendations:
HB 713. Do Pass. HB 719. Do Pass.
HB 741. Do Pass. HB 740. Do Pass.
HB 718. Do Pass. HB 743. Do Pass. HB 663. Do Pass. HB 732. Do Pass.

964

JOURNAL OF THE HOUSE,

HB 710. Do Pass. HB 715. Do Pass. HB 706. Do Pass. HB 699. Do Pass. HB 727. Do Pass. HB 695. Do Pass. HB 739. Do Pass. HB 726. Do Pass. HB 694. Do Pass. HB 702. Do Pass. HB 693. Do Pass. HB 704. Do Pass, HB 707. Do Pass.

Respectfully submitted, Lavender of Elbert, Chairman.

Mr. Hall of Floyd County, Chairman of the Committee on Edtication #1,
submitted the following report:

Mr. Speaker:
Your Committee on Education #1 has had under consideration the follow-
ing bills ofthe House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 253. Do Pass.

HB 674. Do Pass as amended,

Respectfully submitted, Hall of Floyd, Chairman.

Mr. Smith of Emanuel County, Chairman of the Committee on Interstate Co-operation, submitted the f~;~llowing 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 677. Do Pass.

Respectfully submitted, Smith of Emanuel, Chairman.

WEDNESDAY, NOVEMBER 18, 1953

965

Mr. Hoke Smith of Fulton 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 714. Do Pass. HB 723. Do Pass. HB 703. Do Pass. HB 736. Do Pass. HB 705. Do Pass. HB 709. Do Pass. HB 696. Do Pass. HB 735. Do Pass. HB 737. Do Pass. HB 729. Do Pass. HB 685. Do Pass. HB 734. Do Pass. HB 725. Do Pass. HB 712. Do Pass. HB 738. Do Pass. HB 728. Do Pass. HB 701. Do Pass. HB 698. Do Pass. HB 717. Do Pass. HB 708. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.

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

HB 253. By Messrs. Lovett and Gilder of Laurens and Deen of Bacon:
A Bill to be entitled an Act to provide that the members of county boards of education shall be selected by the last grand jury immediately preceding the expiration of the ter:in of the member that the member to be selected will replace, and for other purposes.

966

JOURNAL OF THE HOUSE,

HB 663. By Messrs. McWhorter, Rutland, and Turner of DeKalb:
A Bill to be entitled an Act to amend Sections 92-2406 and 13-203 of the Code of Georgia so as to provide that banks and banking associations shall not be taxed upon their capital but shares of stockholders shall be taxed, and for other purposes.

HB 674. By Messrs. Moses of Montgomery, Dean of Bacon, and others.
A Bill to be entitled an Act to repeal an Act and to provide for the designation of the State Board of Education as the State Board for Vocational Education, and for other purposes.

HB 677. By Messrs. Smith of Emanuel, Ray of Warren, and Hand and Twitty of Mitchell:
A Bill to be entitled an Act to provide that the State of Georgia may enter into compacts with certain neighboring states to promote effective control of forest fires, and for other purposes.

HB 685. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to amend Section 68-312 of the Code of Georgia so as to provide that municipalities may impose a license fee on the operation of motor vehicles, and for other purposes.

HB 693. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to provide for the consolidation of the governmental functions of the City of Albany and the County of Dougherty, and for other purposes.

HB 694. By Messrs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act to require the payment of $10.00 as costs before filing a petition for divorce in certain counties, and for other purposes.

HB 695. By Messrs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act to amend an Act so as to provide for the appointment of members of the Muscogee County Board of Education in other months than May when no grand jury is sitting in May, and for other purposes.

HB 696. By Messrs. Hollis, Pickard, and Young of Muscogee:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Solicitor of the City Court of Columbus, and for other purposes.

HB 698. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of Blakely, and for other purposes.

WEDNESDAY, NOVEMBER 18, 1953

967

HB 699. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to provide for the payment of supplemental compensation to the Tax Receiver of Dougherty County, and for other purposes.
HB 701. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act so as to provide that the Town of Temple may levy a tax on property within the city limits, and for other purposes.
HB 702. By Messrs. Graham, Bell, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to provide for the employment of an assistant by the treasurer of certain counties, and for other purposes.
HB 703. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to incorporate the City of West Bainbridge and for other purposes.
HB 704. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to amend an Act so as to require the Commissioners of Roads and Revenues of Decatur County to publish a monthly list of receipts and expenditures, and for other purposes.
HB 705. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to amend the charter of the City of Thomson so as to change the corporate limits of said City, and for other purposes.
HB 706. By Messrs. Potts and Blalock of Coweta:
A Bill to be entitled an Act to require all candidates for election to the House of Representatives from Coweta County to designate and qualify for a specific seat, and for other purposes.

HB 707. By Mr. Green of Rabun:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County, and for other purposes.

HB 708. By Mr. Buie of Camden:
A Bill to be entitled an Act to authorize the closing of a certain alley in the City of Kingsland, and for other purposes.

HB 709. By Messrs. Potts and Blalock of Coweta:
A Bill to be entitled an Act to amend an Act so as to increase the corporate limits of the City of Newnan, and for other purposes.

968

JOURNAL OF THE HOUSE,

HB 710. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to amend an Act so as to provide the initial election of a Board of Education for the Griffin-Spalding School System, and for other purposes.

HB 712. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to authorize the closing of certain streets in the City of Barnesville, and for other purposes.

HB 713. By Mr. Stewart of Echols:
A Bill to be entitled an Act to amend an Act establishing a Board of Commissioners of Roads and Revenues of Echols County, and for other purposes.

HB 714. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act so as to provide for the creation of a Water, Light and Gas Commission for the City of Camilla, and for other purposes.

HB 715. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to amend an Act so as to divide Lamar County into commissioner districts, and for other purposes.

HB 717. By Messrs. Gowen and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act so as to confirm the closing of certain streets in the City of Brunswick, and for other purposes.

HB 718. By Mr. Lifsey of Lamar:
A .Bill to be entitled an Act to supplement the compensation of the Clerk of the Superior Court of Lamar County, and for other purposes.

HB 719. By Messrs. Groover, Harris, and McKenna of Bibb:
A Bill to be entitled an Act to repeal an Act providing a retirement plan for employees of Bibb County, and for other purposes.

HB 723. By Messrs. Connell and Register of Lowndes:
A Bill to be entitled an Act to amend an Act so as to provide for the adoption of the Supreme Court rules of procedure in civil actions by the City Court of Valdosta, and for other purposes.

HB 725. By Mr. Buie of Camden:
A Bill to be entitled an Act to authorize the closing of certain streets in the City of Saint Marys, and for other purposes.

WEDNESDAY, NOVEMBER 18, 1953

969

HB 726. By Mr. Wardlow of Turner:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Board of Commissioners of Roads and Revenues of Turner county, and for other purposes.

HB 727. By Mr. Adams of Evans:
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 Claxton, and for other purposes.

HB 728. By Mr. Wardlow of Turner:
A Bill to be entitled an Act to amend an Act so as to change the qualifications of voters in the city elections of the City of Ashburn. and for other purposes.

HB 729. By Mr. Greene of Crisp:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Cordele, and for other purposes.

HB 732. By Mr. Matheson of Hart:
A Bill to be entitled an Act to provide that any person charged with hunting or fishing without a license may enter a plea of guilty in the court of ordinary of certain counties, and for other purposes.

HB 734. By Messrs. Sipple, McGee, and Cheatham of Chatham:
A Bill to be entitled an Act to amend an Act so as to change the salary of the associate judge of the Municipal Court of Savannah, and for other purposes.

HB 735. By Messrs. Frier and Mincy of Ware:
A Bill to be entitled an Act to amend an Act so as to provide for the payment of certain fees to the clerk of the City Court of Waycross, and for other purposes.

HB 736. By Messrs. Frier and Mincy of Ware:
A Bill to be entitled an Act to amend an Act so as to change the salary of the city manager of the ,City of Waycross, and for other purposes.

HB 737. By Messrs. Kemp and Foster of Clayton:
A Bill to be ~ntitled an Act to repeal an Act incorporating the City of Lake Tara,, and for other purposes.

HB 738. By Messrs. Kemp and Foster of Clayton:
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 Clayton County, and for other purposes.

970

JOURNAL OF THE HOUSE,

HB 739. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the tax commissioner of Clayton County, and for other purposes.

HB 740. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the clerk of the superior court and the sheriff of Clayton County, and for other purposes.

HB 741. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the commissioner of Roads and Revenues for Clayton County, and for other purposes.

HB 743. By Mr. Moore of Pickens:
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 Pickens County, and for other purposes.

HR 218-743d. By Messrs. Watson and Gardner of Dougherty:
A Resolution proposing a constitutional amendment providing for the consolidation of the governmental functions of the City of Albany and the County of Dougherty, and for other purposes.

HR 238-743x. By Messrs. Mincy and Frier of Ware:
A Resolution proposing a constitutional amendment providing for exemption from city school tax to residences of all persons in the City of Waycross who have reached age 65 and whose combined income is less than $2,500 per annum, and for other purposes.

By unanimous consent, the following bill of the Senate was read the first time and referred to the Committee on General Judiciary No. 2:

SB 150. By Senator Parker of the 38th:
A Bill to be entitled an Act to provide for the appointment of assistant so!icitor-general by the judge of a judicial circuit, and for other purposes.

Mr. Carswell of Burke moved that the House reconsider its action in failing to pass the following bill of the House:

HB 606. By Messrs. Carswell of Burke, Scoggin of Floyd, and others:
A Bill to be entitled an Act to regulate the killing of rabbits, and for other purposes.

The motion to reconsider prevailed, and HB 606 was placed at the foot of the calendar.

WEDNESDAY, NOVEMBER 18, 1953

971

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 and Senate to wit:

SR 66. By Mrs. Blitch of the 5th, Edenfield of the 4th, Carlisle of the 51st:
Whereas, Former Governpr ~dlai E. Stevenson of Illinois, who was the candidate of the Democratic Party for President of the United States in the last presidential election, will address a Joint Session of the General Assembly of the State of Georgia on November 24, 1953.

SR 67. By Senators Blitch of the 5th, Edenfield of the 4th and Carlisle of the 51st:
Whereas, Former Governor Adlai E. Stevenson of Illinois, who was the candidate of the Democratic Party for President of the United States in the last Presidential election, will address a Joint Session of the General Assembly of the State of Georgia on November 24, 1953.

SR 68. By Mrs. Blitch of the 5th, Edenfield of the 4th and Carlisle of the 51st:
Whereas, Former. Governor Adlai E. Stevenson of Illinois, who was the candidate of the Democratic Party for President of the United States in the last presidential E;lel!tion,. will address a Joint Session of the General Assembly of the State of Georgia on November 24, 1953.
Passed as amended:

HB 545. By Messrs. Matthews and Stephens of Clarke:
A bill to be entitled an Act to provide that the Mayor and Council, or other governing body of every municipal corporation, shall have power, in addition to the powers specified in the .charter of such corporation; and for other purposes.

Under the provisions of HR 241, the Speaker appointed the following members of the House as a Special Committee to investigate the proposed impeachment o( Solicitor General Ben B. Garland, Flint Judicial Circuit:
Bell of Richmond, Dean of Bacon, Greer of Lanier, Gunter of Hall, Lokey of Fulton, Moses of Montgomery, Wooten of Rando~h, Sipple of Chatham, Turner of DeKalb, Williams of Bulloch.

Under the regular order of business, the following resolution of the House was again taken up for consideration:

HR 170-624a. By Messrs. Ray of Warren, Smith of Emanuel, and others:
A Resolution proposing a constitutional amendment providing for the allocation of sales tax revenue to the Board of Regents and the State Board of Education, and for other purposes.
By unanimous consent, the resolution was tabled.

972

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 235. By Messrs. Harrison of Wayne, Moate of Hancock, and others:

A Bill to be entitled an Act to amend Section 45-507 of the Code of Georgia so as to provide that the possession of unlawful devices used in killing fish shall be deemed prima facie evidence of intent, and for
other purposes.

The following amendment was read and adopted:

Mr. Harrison of Wayne moves to amend HB 235 by adding to Section 1 the following: Provided, this does not apply to batteries used to run motors or
lights.

The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.

On the passage of the bill, as amended, the ayes were 111, nays 1.

The bill, having received the requisite constitutional majority, was passed,

as amended.



The following resolutions of the House were read and adopted:

HR 253. By Messrs. Nightingale of Glynn and Groover of Bibb:

A RESOLUTION
Requesting the Board of Regents to require law students to successfully pass a course on legal and judicial ethics; and for other purposes.
WHEREAS, the legal profession is a noble profession and one in which the members thereof should at all times display the highest standards of ethics, in order that said profession enjoy the confidence of the entire public; and
WHEREAS, it is extremely desirable that all persons entering such profession should be imbued with a knowledge of what constitutes legal and judicial ethics;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the Board of Regents of the University System of Georgia be requested to require all students graduatillj' from the Law School of said system to have first successfully passed a course on legal and judicial ethics.
BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to each member of the Board of Regents of the University System of Georgia.

HR 254. By Messrs. Nightingale of Glynn and Russell of Barrow:

A RESOLUTION

Requesting the State Board of Bar Examiners to require law

students to successfully pass a course on legal and judicial eth,ics;

and for other purposes.



THURSDAY, NOVEMBER 19, 1953

973

WHEREAS, the legal profession is a noble profession and one in which the members thereof should at all times display the highest standards of ethics, in order that said profession enjoy the confidence of the entire public; and
WHEREAS, it is extremely desirable that all persons entering such profession should be imbued with a knowledge of what constitutes legal and judicial ethics;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the State Board of Bar Examiners be requested to include on each bar examination questions which involve a knowledge of legal and judicial ethics.
BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to each member of the State Board of Bar Examiners.

By unanimous consent, the following bill of the House was taken from the table:

HB 154. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to create a lien in favor of hospitals for reasonable charges for services rendered, and for other purposes.

Under the regular order of business, the following bill and resolution of the House were taken up for consideration and read the third time:
HB 501. By Messrs. Tarpley of Union and Whitener and Britton of Whitfield:
A Bill to be entitled ari Act to amend an Act so as to change the compensation of jurors in justice 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, Mr. Tarpley of Union 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.:

Ayers Baughman
Bell Bentley Birdsong
Black Blackburn Bolton Britton Buie Carswell Cheatham Clark Clary Coogle

Cornelius Cowart Cummings Deal Dean of Towns Derit<m.
Dews Dunaway
Edwards Floyd
Gilder Gillis Goodson Graham Green of Baldwin

Greene of Crisp Greer Groover of Bibb Groover of Troup Gunter Hall Hamilton Harper Harris
Henderson Hicks . Hodges
Holley Hollis Holloway

974

JOURNAL OF THE HOUSE,

Holton Horne Huddleston :Hughes Hurst Ingle lvey Jackson Johnson Jones of Lumpkin Key King Land Lanier Lavender Lifsey McKenna McWhorter Martin Matheson

Mauldin Mishoe Mobley Moore of Pickens Moore of White
Moses Moye Mull Murphey of Crawford Murr Musgrove Nelson Nightingale
Otwell Parker Peacock Perkins Phillips of Columbia Phillips of Walton Pickard

Russell Scoggin Short Smiley Stocks Tallant Tamplin Tarpley Terrell Trapnell Tumlin Turner Walker Watson Weems Whitener Williams of Bulloch Williams of Franklin Williams of Tift Young

Those voting in the negative were Messrs.:

Adams of Evans Adams of Upson Barber of Jackson Bloodworth Brantley Campbell of Oconee Coffin Conger Deen of Bacon Drinkard
Durham Flynt Foster Frier Garrard Gowen

Green of Rabun Grimsley Harrell Harrison of Jenkins Hayes Jones of Worth Jordan of Gwinnett Jordan of Wheeler Layton
Lewis Little Lokey Lovett Matthews Mincey Moate

Murphy of Haralson Ray Sivell Smith of Emanuel M. M. Smith of Fulton Stephens of Clarke Stevens of Marion
Swindle Todd Turk Twitty Veal White Willis

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

On the passage of the bill, the ayes were 105, nays 46.

The bill, having received the requisite constitutional majority, was passed.

HR 106-337j. By Messrs. Watson of Dougherty, Gowen of Glynn, and others:

A RESOLUTION
Proposing to the qualified voters ef Georgia an amendment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia, relating to exemptions from taxation; providing for the exclusion of church property except such property from which income is derived; providing 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:

THURSDAY, NOVEMBER 19, 1953

975

SECTION 1.
Article VII, Section I, Paragraph IV, of the Constitution of Georgia, relating to tax exemptions, is hereby amended by inserting in subparagraph one of said article, section and paragraph, after the words "The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial", the words "and all property owned by religious groups used only for residential purposes and from which no income is derived;" so that said subparagraph when so amended shall read as follows:
"The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial and all property owned by religious groups used only for residential purposes and from which no income is derived, all institutions of purely public charity; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of, religious, educational and charitable institutions, no part of the net profit from the operations of which can inure to the benefit of any private person; all buildings erected for and used as a college, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges, incorporated academies or seminaries of learning, provided the same is not invested in real estate; and provided, further, that said exemptions shall only apply to such colleges, incorporated academies or other seminaries of learning as are open to the general public; provided further, that all endowments to institutions established for white people, shall be limited to white people, and all endowments to institutions established for colored people, shall be limited to colored people; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held as merchandise or for purposes of sale or gain; provided the property so exempted be not used for the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and for the purpose of maintaining and operating such institution; this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property. The General Assembly shall further have power to exempt from taxation, farm products, including baled cotton grown in this State and remaining in the hands of the producers, but not longer than for the year next after their production."

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 branches 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 pro-

976

JOURNAL OF THE HOUSE,

posed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months ptevious to the time of the general election. at which the above proposed amendment shall be submitted for ratification or rejection to the electors, as provided for in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia providing for the exemption of all property owned by religious groups for residential purposes and from which no income is derived."
"Against ratification of amendment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia providing for the exemption of all property owned by religious groups for residential purposes and from which no income is derived."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

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

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers
Barber of Colquitt Barber of Jackson Baughman Bell Birdsong
Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brantley
Britton Buie

Campbell of Oconee Campbell of Walker Carswell Chastain Cheatham Clark Clary Cloud Coffin Conger Connell Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Denton

Drinkard Dunaway
Durham Edwards Flynt
Foster Fowler Frier Gardner Garrard Gilder Gillis Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer

THURSDAY, NOVEMBER 19, 1953

977

Grimsley Groover of Bibb Groover of Troup Gunter Hall Hamilton Harper Harris Harrison of Jenkins Hayes Henderson Hicks Hodges Hollis Holloway
Holton Horne Huddleston Hughes Hurst Ingle lvey Jackson Johnson Jones of Lumpkin Jordan of Wheeler Key King
Land Lanier Lavender Layton
Lewis

Lifsey
Little Lokey Lovett McGee McKenna McWhorter Matheson Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Potts Raulerson Ray Register Russell Scoggin

Sheffield Short Sivell Smiley Smith of Cobb M. M. Smith of Fulton Stephens of Clarke Stewart Stocks Strickland Swindle Tallant Tamplin Tarpley Terrell Todd Trapnell Turk Turner Twitty
Veal Walker Watson Weems Whitener Wiggins Williams of Bulloch Williams of Franklin
Willis Wooten Young

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

On the adoption of the resolution, the ayes were 151, 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 545. By Messrs. Matthews and Stephens of Clarke:
A Bill to be entitled an Act to provide that the governing body of a municipality shall have power to open, change, and close all types of thoroughfares within the corporate limits, and for other purposes.
The following Senate amendment to HB 545 was read:
Senator Dean of the 34th moves to amend Section 1 of HB 545 by eliminating the period at the end of the section and adding the following: "provided no street, alley and other types of thoroughfares shall be changed and/or closed unless such action is .assented to by the owners ofat least fifty per centum (50%) of the lineal front footage on said street, alley and other types of thoroughfares."

978

JOURNAL OF THE HOUSE,

Mr. Stephens of Clarke moved that the House agree to the Senate amendment to HB 545.
Mr. Nightingale of Glynn moved that the House disagree to the Senate amendment to HB 545.
Mr. Stephens of Clarke withdrew his motion to agree to the Senate amendment.
The Senate amendment to HB 545 was disagreed to.
Under the regular order of business, the following bill of the House was again taken up for consideration:

HB 606. By Messrs. Carswell of Burke, Scoggin of Floyd, and others.
A Bill to be entitled an Act to regulate the killing of rabbits, and for other purposes.

The report 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 21.
The bill, having received the requisite constitutional majority, was passed.
Mr. Connell of Lowndes requested that the Journal show him as having voted against the passage of HB 606.
The following communication was received and read:
November 18, 1953
TO THE GENERAL ASSEMBLY:
There are two matters relating to the State's property which I desire to call to your attention.
The Western and Atlantic Railroad, which is owned by the State of Georgia, and is leased to the Nashville, Chattanooga and St. Louis Railway Company, is one of the important arteries of commerce serving Atlanta, Georgia and the Southeast.
It is vitally important to the industrial development of the State that the lessee of the State's railroad be permitted to enlarge and modernize is freight yards in Fulton County, near Atlanta. These yards are adjacent to the main line of the rail~oad, but belong to the lessee.
To do this it is necessary that the main line track of the Western and Atlantic be relocated and straightened over a distance of five or six miles, ahd that the area now occupied by the main line be incorporated into the lessee's freight yard.
The lessee proposes to provide, at its own expense, the additional land necessary for that purpose, which will become a part of the State's railroad, and to take, in lieu thereof, for incorporation in the freight yards, the area now occupied by the main line.
The improvement will cost several million dollars, none of which will be paid by the State.
The matter has been considered by the Georgia Public Service Commission

THURSDAY, NOVEMBER 19, 1953

979

and it is the opinion of the Commission that the construction and enlargement of the freight yards should greatly enhance the value of the State's railroad property, and that the proposed straightening of the main line will be of appreciable benefit to the Western and Atlantic Railroad.
It is my belief that this improvement should be authorized.
The other matter concerns the terminus of the Western and Atlantic Railroad in Tennessee.
The main line of the Western and Atlantic and its right of way cross heavily travelled streets in the retail business district of Chattanooga. The City is demanding that these grade crossings be eliminated. The State of Tennessee and the Federal Government propose to aid in the financing of the project.
The plans require that the main line of the Western and Atlantic Railroad be relocated. This will necessitate the purchase of additional right of way at the expense of the lessee, which will become the property of the State of Georgia. In my opinion the proposed improvement will enhance the value of the property now owned by the State in Chattanooga, and will result in the State acquiring additional railroad property without cost.
It is necessary that Georgia be represented in the negotiations relating to its railroad property in Tennessee and that authority to act. be given proper State officers.
I may also say that the State has no extraterritorial sovereignty, and with respect to its property in Tennessee occupies the status of any other proprietor.
The proposed improvements will be made without cost to the State, and the lease will not be extended.
There is presented herewith a resolution which will accomplish both of the purposes to which I have referred.
I recommend its adoption.
Respectfully submitted,
Herman E. Talmadge,
Governor.

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 tomorrow morning at 10:00 o'clock.

980

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Thursday, November 19, 1953.

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. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings bad 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 from the Committee on State of Republic and recommitted to the Committee on University System of Georgia:

HB 690. By Messrs. Matthews and Stephens of Clarke, Campbell of Oconee, and others:
A Bill to be entitled an Act to amend an Act authorizing the Board of Regents to operate a hospital for the indigent sick in conjunction with the State Medical College, and for other purposes.

By unanimous consent, a true and correct copy was established for the following bill of the House:

HB 407. By Messrs. Bodenhamer and Williams of Tift:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Judges of the Superior Courts, Emeritus, and for other purposes.

By unanimous consent, the following bill of the House was withdrawn from the Committee on General Agriculture No. 1, read the second time, and recom.mitted to the Committee on General Agticulture No. 1 :

HB 651. By Messrs. Mobley of Burke, Watson of Dougherty, and Barber of Colquitt:
A Bill to be entitled an Act to provide for warehouse inspection, and for other purposes.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills a~d Resolutions.

THURSDAY, NOVEMBER 19, 1953

981

3. Reports of Standing Committees.
4. Second reading of bills and resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 of the House were read the first time and referred to the committees:

HB 792. By Mr. Tarpley of Union:
A Bill to be entitled an Act to provide that it shall be unlawful for any person while hunting in the woods of this State to carry firearms while
under the influence of any intoxicatin~( beers, wines or liquors, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 793. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to 'create a Cdniinission t~ inv~l;igate ~nd
negotiate leasing of the property known as the Governor's Mansion Property, and for other purposes.
Referred to the Committee on Drainage.

HB 794. By Messrs. Sheffield of Brooks, Matthews of Clarke, Willis of Thomas and Jones of Worth:
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 bridges and turnpike projects, and for other purposes. '
Referred to the Committee on State of Republic.
HB 795. By Mr. Green of Baldwin:
A Bill to be entitled an Act to amend an Act relating to a lunacy trial of persons at Milledgeville State Hospital, so as to provide that such trial may be demanded by all patients, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 796. By Messrs. Connell and Register of Lowndes:
A Bill to be entitled an Act to levy and provide for the collection of an excise tax upon.state and national banks, and for other purposes.
Referred to the Committee on Ways and Means.

HB 797. By Mr. Sipple of Chatham: A Bill to be entitled an Act to exempt attorneys at law from jury duty

982

JOURNAL OF THE HOUSE,

in any of the Courts of this State, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 798. By Messrs. Coker of Walker, Floyd of Chattooga, Wiggins of Stephens, Murr of Sumter and Campbell of Walker:
A Bill to be entitled an Act to amend an act providing for the registration of marriages, divo:rces and annulments; and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 799. By Mr. Hoke Smith of Fulton:
A Bill to be entitled an Act to provide for summary judgment procedure in civil actions in the Superior Courts, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 800. By Messrs. Groover of Bibb and Nightingale of Glynn:
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.
Referred to the Committee on Pensions.

HB 801. By Messrs. Ray of Warren, Lokey of Fulton 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, which section relates to tangible personal property subject to the use tax, so as to provide that the use tax shall not apply to tangible personal property imported into this State which was owned or acquired prior to the effective date of this Act, and for other purposes.
Referred to the Committee on Ways and Means.

HB 802. By Messrs. Sipple of Chatham and Williams of Bulloch: A Bill to be entitled an Act to define contagious tuberculosis; to require the State Board of Health, to promulgate rules and regulations relating to the control of contagious tuberculosis, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 803. By Messrs. Nightingale of Glynn, Bentley of Cobb, Bodenhamer of Tift, Gowen of Glynn, Watson of Dougherty and Denton of Paulding:
A Bill to be entitled an Act to declare it to be a misdemeanor to leave in any place accessible to children abandoned, unattended, or discarded ice-boxes, refrigerators and the like without removing locks or doors from same, and for other purposes.
Referred to the Committee on Public Welfare:

THURSDAY, NOVEMBER 19, 1953

983

HB 804. By Messrs. Harris, McKenna 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 805. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled "An Act to re-enact the charter of the City of Macon, relating to the Board of Water Commissioners, and for other purposes.
Referred to the Committee on Municipal Government.

HB 806. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled "An Act to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Superior Court, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 807. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to provide a pension and/or retirement plan and fund for certain employees and officers of Bibb County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 808. By Mr. Gunter of Hall:
A Bill to be entitled an Act to require all candidates for nomination and election to the House of Representatives of the General Assembly of Georgia from Hall County to qualify for a specific seat or office, and for other purposes.
Referred to the Committee on. Counties and County Matters.

HB 809. By Mr. Gunter of Hall:
A Bill to be entitled an Act to amend the Charter of the City of Gainesville, providing for the Mayor's compensation, and for other purposes.
Referred to the Committee on Municipal Government.

HB 810. By Mr. Coogle of Macon:
A Bill to be entitled an Act to amend the charter of the City of Marshallville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 811. By Messrs. Greer of Lanier, Musgrove of Clinch, Grimsley of Cook, Swindle of Berrien, Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act relating to the compensation of court reporters in reporting criminal cases; to provide a salary

JOURNAL OF THE HOUSE,
for the official reporter of the Alapaha Judicial Circuit in lieu of the Compensation provided, and for other purposes. Referred to the Committee on Special Judiciary.
HB 812. By Mr. Lavender of Elbert: A Bill to be entitled an Act to consolidate the two school systems in Elbert County, that of the County at Large, and that of the City of Elberton, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 813. By Mr. Lavender of Elbert: A Bill to be entitled an Act to authorize the County Commissioner of Elbert County to pay, in his discretion, a sum not to exceed $100.00 per month to the Sheriff of said County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 814. By Mr. Phillips of Walton County: A Bill to be entitled an Act to amend an Act incorporating the Academy of Social Circle in the City of Social Circle, so as to remove the prohibition against the County of Walton from establishing any other school within Social Circle, and for other purposes.
Referred to the Committee on Municipal Government.
HB 815. By Mr. Layton of Irwin: A Bill to be entitled an Act to amend an Act creating the 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 816. By Messrs. Holton and Hayes of Coffee:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue in the County of Coffee, and for other purposes. Referred to the Committee on Counties and County Matters.
HB 817. By Mr. Green of Baldwin: A Bill to be entitled an Act to amend an Act creating County Courts in certain designated counties, so as to provide that in the County of Baldwin the Sheriff and the ExOfficio Clerk of the County Court shall receive the same fees for the performance of their duties in all criminal cases, etc., and for other purposes.
Referred to the Committee on Counties and County Matters:
HB 818. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act incorporating the City of

THURSDAY,.NOVEMBER 19, 1953

985

Elberton, so as to provide for the selection and appointment by City Council of a City Manager for said City, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 819. By Messrs. Willis and Chastain of Thomas:
A Bill to be entitled an Act to amend the Charter of the City of Pavo; to provide a change in the ad valorem rate from one and one-fourth percent to two percent, and for other purposes.
Referred to the Committee on Municipal Government.

HB 820. By Mr. Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, relating to the rate of taxes and the apportionment of the same, and for other purposes.
Referred to the Committee on Municipal Government.

HB 821. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Monroe, relating to polls, etc., and for other purposes.
Referred to the Committee on Municipal Government.

HB 822. By Mr. Stevens of Marion:
A Bill to be entitled an Act to provide for the terms of the Superior Court of Marion County, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 823. By Mr. Green of Baldwin:
A Bill to be entitled an Act creating a Board of County Commissioners for Baldwin County, and for other purposes.
Referred to the Committee on Counties and County. Matters.

HB 824. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Monroe, annexing territory to the City of Monroe, and for other purposes.
Referred to the Committee on Municipal Government.

HB 825. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act providing means for restoration to sanity by the Court of Ordinary, by striking therefrom any .reference to "lunatics" and by substituting in lieu thereof the words ''mentally ill", and for other purposes.
Referred to the Committee on General Judiciary # 1.

986

JOURNAL OF THE HOUSE,

HB 826. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act relating to restoration to sanity of persons adjudicated insane by the Court of Ordinary, so as to provide another method of restoration to sanity, by certificate of the Superintendent of the Milledgeville State Hospital, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 827. By Messrs. Foster and Kemp of Clayton: A Bill to be entitled an Act to amend an Act incorporating the Town of Forest Park; to extend the corporate limits, and for other purposes.
Referred to the Committee on Municipal Government.
HB 828. By Mr. Lewis of Greene: A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Greene County into the office of Tax Commissioner of Greene County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 829. By Messrs. Turner, Rutland and McWhorter of DeKalb: A Bill to be entitled an Act to repeal an Act to provide for the abolition and liquidation of Officers and Employees Retirement System established by such Acts for the benefit of the officers and employees of DeKalb County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 830. By Mr. Strickland of Brantley: A Bill to be entitled an Act to amend an Act incorporating the City of Nahunta, and for other purposes.
Referred to the Committee on Municipal Government.
HB 831. Br. Mr. Lavender of Elbert: A Bill to be entitled an Act to amend an Act providing for a charter for the City of Elberton, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 832. By Mr. Ingle of Murray:
A Bill to be entitled an Act to close an alley in Spring Place, Georgia, and for other purposes. Referred to the Committee on Municipal Government.
HB 833. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act to establish a charter for the City of Carrollton, and for other purposes. Referred to the Committee on Municipal Government.

THURSDAY, NOVEMBER 19, 1953

987

HB 834. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Dade County, and creating the office of Tax Commissioner, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 835. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Elbert County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 836. By Messrs. Hicks, Scoggin and Hall of Floyd:
A Bill to be entitled an Act. to provide for a supplement to the salary of 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 837. By Mr.. Moore of Pickens:
A Bill to be .entitled an Act to amend, .consolidate, and supersede the several Acts incorporating the Town of Jasper, and for other purposes.
Referred to the Committee on Municipal Government.
HB 838. By Messrs. Scoggin, Hi~ks and Hall of Floyd:
A Bill to be entitled an Act to amend the charter of the City of Rome; to define the corporate limits, and for other pur.poses.
Referred to the Committee on Municipal Government.
HB 839. By Messrs. Scoggin, Hicks and Hall 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, by enlarging the present city boundaries and corporate limits by the annexation of certain described property adjacent to the present city limits, and for other purposes.
Referred to the Committee on Municipal Government.
HB 840. By Messrs. Scoggin, Hicks and Hall of Floyd:
A Bill to be entitled an Act to amend an Act to create a new charter for the City 'of Rome; to define the rights and powers of the new municipality, and for other purposes.
Referred to the Committee on Municipal Government.

HB 841. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to amend an Act incorporating the City of Rome, and for other purposes.
Referred to the Committee on Municipal Government.

988

JOURNAL OF THE HOUSE,

HB 842. By Messrs. Scoggin, Hicks and Hall of Floyd:
A Bill to be entitled an Act to amend the Charter of the City of Rome; so as to give the City Commission authority to levy upon the monthly salary of every employee of the City, and for other purposes.
Referred to the Committee on Municipal Government.

HB 843. By Mr. Ingle of Murray:
A Bill to be entitled an Act to create a new charter for the City of Chatsworth, and for other purposes.
Referred to the Committee on Municipal Government.

HR 255-843a. By Mr. M. Smith of Fulton:
A Resolution proposing an amendment to the Constitution relating to exemptions from taxation, so as to provide an exemption from certain fraternity and sorority residences, and for other purposes.
Referred to the Committee on Ways and Means.

HR 256-843b. By Messrs. Nelson of Pulaski and McCracken of Jefferson:
A Resolution to compensate Mrs. James M. Smith of Hawkinsville, for medical expenses occasioned because of an accident caused by a truck owned and operated by the State Highway Department, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 257-843c. By Messrs. Green and Parker of Baldwin:
A Resolution to compensate Miles V. Gilden, of Milledgeville, Georgia, for injuries sustained in an accident with a State truck, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 258-843q. By Messrs. Harris, McKenna and Groover of Bibb:
A Resolution proposing an amendment to the Constitution so as to enlarge the membership of the Macon-Bibb County Board of Health, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HR 259-843e. By Mr. Lavender of Elbert:
A Resolution proposing. an amendment to the Constitution relating to the preservation of the existing independent school systems, so as to authorize the General Assembly to enact all legislation necessary to consolidate the independent school system in Elbert County with the school system in the County of Elbert at large, and for other purposes.
Referred to the Committee on Amendments to Constitution: # 1.

THURSDAY, NOVEMBER 19, 1953

989

HR 260-843f. By Mr. Strickland of Brantley:
A Resolution proposing an amendment to the Constitution authorizing the City of Nahunta to levy a tax not to exceed one mill for the purpose of creating and setting aside a fund to be used in assisting, promoting and encouraging the location of new industries in the City of Nahunta, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HR 261-843g. By Mr. Strickland of Brantley:
A Resolution proposing an amendment to the Constitution, authorizing Brantley County to levy a tax not exceeding 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 and the development of agriculture in Brantley County, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HR 262-843h. By Mr. Twitty of Mitchell:
A Resolution authorizing the Governor and the Chairman of the Georgia Public Service Commission to act for the State in connection with the enlargement and modernization of freight yards used by the lessee of the W. & A. R. R. in Fulton County, etc., and for other purposes.
Referred to the Committee on State of Republic.

HR 263-843i. By Mr. Blackburn of Habersham:
A Resolution to compensate Habersham County for damages sustained by said county from a collision between a truck belonging to the State Highway Department and a truck belonging to Habersham County, and for other purposes.
Referred to the Committee on Special' Appropriations.

HR 264-843j. By Mr. Blackburn of Habersham:
A Resolution to compensate Kenneth Knyff for injuries for the loss of his hand while working at the State Prison at Reidsville, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 265-843k. By Messrs. Harris, McKenna and Groover of Bibb:
A Resolution proposing an amendment to the Constitution so as to authorize the County Board of Commissioners for the County of Bibb to prescribe, administer and enforce building, construction, electrical and plumbing rules, etc., and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

Mr. Freeman of Monroe County, Chairman of the Committee on Amend-
ments to Constitution # 1, submitted the following report:

990

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Amendments to Constitution # 1 has had under con-
sideration 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 23. Do Pass.
Respectfully submitted,
Freeman of Monroe,
Chairman.

Mr. Gowen 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 con-
sideration 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 243-790b. Do Pass as amended.
HR 236-743v. Do Pass. Respectfully submitted,
Gowen of Glynn,
Chairman.

Mr. Lavender of Elbert 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 427. Do Pass. HB 700. Do Pass. HB 716. Do Pass. HB 720. Do Pass. HB 730. Do Pass. HB 731. Do Pass. HB 756. Do Pass. HB 764. Do Pass. HB 770. Do Pass. HB 780. Do Pass. HB 783. Do Pass.

THURSDAY, NOVEMBER 19, 1953

991

HB 782. Do Pass. HB 785. Do Pass. HB 788. Do Pass. HB 765. Do Pass.

Respectfully submitted, Lavender of Elbert, Chairman.

Mr. Hollis of Muscogee 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 242. Do Pass. HB 656. Do Pass. HB 697. Do Pass.
~
HB 791. Do Pass. HB 679. Do Not Pass. HB 295. Do Not Pass. HB 93. Do Not Pass. HB 68. Do Not Pass. HB 399. Do Not Pass. HB 582. Do Pass. HB 463. Do Not Pass. SB 142. Do Pass.
Respectfully submitted, Hollis of Muscogee, Chairman.

Mr. Hoke Smith of Fulton 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 758. Do Pass.
HB 779. Do Pass.

992

JOURNAL OF THE HOUSE,

HB 789. Do Pass. HB 733. Do Pass. HB 766. Do Pass. HB 767. Do Pass. HB 768. Do Pass. HB 742. Do Pass. HB 722. Do Pass. HB 784. Do Pass. HB 771. Do Pass. HB 781. Do Pass. HB 769. Do Pass. HB 772. Do Pass. HB 760. Do Pass. HB 750. Do Pass.

Respectfully submitted, Hoke Smith of Fulton, Chairman.

Mr. Kemp of Clayton County, Chairman of the Committee on Penitentiary, submitted the following report:

Mr. Speaker:

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

HB 657. Do Pass.

Respectfully submitted, Kemp of Clayton, Chairman.

Mr. Adams of Evans 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 House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 667. Do Pass. Respectfully submitted, Adams of Evans,
Chairman.

THURSDAY, NOVEMBER 19, 1953

993

Mr. Wooten of Randolph County, Chairman of the Committee on Public High-
ways # 2, submitted the following report:
Mr. Speaker: Your Committee on Public Highways :#; 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 654. Do Pass. HB 752. Do Pass.
Respectfully submitted,
Wooten of Randolph, Chairman.

Mr. Brooks of Oglethorpe 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 recommendation:
HB 711. Do Pass.
Respectfully submitted,
Brooks of Oglethorpe,
Chairman.

Mr. Phillips of Columbia County, Vice 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 Resolutions of the House and has instructed me as Vice Chairman, to report the same back to the House with the following recommendations:
HR 225-743k. Do Pass by substitute.
HR 232-743r. Do Pass.
Respectfully submitted,
Phillips of Columbia,
Vice-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 considera-

994

JOURNAL OF THE HOUSE,

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 744. Do Pass. HB 690. 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 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 670. Do Pass.
HB 754. Do Pass.
HB 686. Do Pass.
HB 689. 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 by substitute as amended by the requisite constitutional majority the following bill of the House to wit:

HB 128. By Messrs. H. Smith of Fulton and Hollis of Muscogee:
A Bill to regulate traffic on streets and highways; to effect a complete revision of all and singular the laws of this State in any way dealing with the subject of traffic on the streets and highways, 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 to wit:
SR 75. By Senator Dean of the 34th:
A Resolution to provide that a Committee from the General Assembly

THURSDAY, NOVEMBER 19, 1953

995

of Georgia visit and inspect the Georgia Commission on Alcoholism, and for other purposes.

SB 96. By Senator Hall of the 15th:
A Bill to create a Board of Examiners for Beauty Operators and cosmetologists, and for other purposes.

SB 154. By Senator Cates of the 17th:
A Bill to be entitled an Act to create a retirement benefit fund for the employees and for other terms, and for other purposes.
SB 159. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to require the Tax Commissioner of Fulton County to collect taxes due the City of Atlanta, 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 of the Senate to wit:
SB 160. By Senator Millican of the 52nd:
A Bill to amend an Act to create a joint City-County Board of Tax Assessors in counties having a population of 300,000 or more, so as to require the Board to receive all business tax returns and delinquent tax returns, and for other purposes.
SB 161. By Senator Millican of the 52nd:
A Bill to amend an Act approved March 4, 1953 (Ga. Laws 1953, pages 526, 527), which amended Section 114-101 of the Code relating to definition of "employer" and "employee" under the Workmen's Compensation Law, so as to exclude firemen and policemen in cities having a population of more than 300,000, 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 242. By Messrs. M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend Section 69-308 of the Code of Georgia so as to require the filing of a written demand as a prerequisite to bringing suit for injuries to person or property against certain municipalities within 90 days, and for other purposes.

HB 427. By Messrs. Tarpley of Union and Nightingale of Glynn:
A Bill to be entitled an Act to amend Section 22-1705 of the Code of Georgia so as to provide that the Secretary of State may strike the

996

JOURNAL OF THE HOUSE,

names of corporations who fail to file yearly returns for three consecutive years from his record books, and for other purposes.

HB 582. By Messrs. Geer of Miller, Groover of Bibb, and others:
A Bill to be entitled an Act to amend Section 27-2201 of the Code of Georgia so as to provide that the defendant shall always open and conclude the arguments to the jury, and for other purposes.

HB 654. By Messrs. Gowen and Nightingale of Glynn:
A Bill to be entitled an Act to amend Section 95-1504 of the Code of Georgia so as to provide for the construction of drainage canals by the State Highway Department in cooperation with local soil conservation districts, and for other purposes.

HB 656. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend Section 24-1710 of the Code of Georgia so as to clarify the provisions relating to who may serve as ordinary when the ordinary is disqualified, and for other purposes.

HB 657. By Messrs. Kemp of Clayton, Tamplin of Morgan, and others:
A Bill to be entitled an Act to amend an Act so as to provide for furnishing the Department of Corrections with a copy of the indictment upon which an accused was convicted, and for other purposes.

HB 667. By Messrs. Harper and Bolton of Spalding and Hand of Mitchell:
A Bill to be entitled an Act to amend an Act so as to make certain changes in the service retirement benefits in the retirement system for teachers, and for other purposes.

HB 670. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to amend Chapter 92-39 of the Code of Georgia so as to provide for the levying of license taxes upon pool, billiard, and other similar tables by counties, and for other purposes.

HB 686. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to authorize counties to regulate fortune telling and similar businesses, and for other purposes.

HB 689. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend Chapter 45-8 of the Code of Georgia so as to abolish state taxes on shrimp caught in this state, and for other purposes.
HB 690. By Messrs. Matthews and Stephens of Clarke, and others:
A Bill to be entitled an Act to amend an Act so as to provide that a hospital operated for the indigent sick in conjunction with the State Medical College may be used by pay patients as well as the indigent sick, and for other purposes.

THURSDAY, NOVEMBER 19, 1953

997

HB 697. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the solicitor general of the Chattahoochee Judicial Cricuit, and for other purposes.

HB 700. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to provide that appeals to the superior court from the board of zoning appeals in certain counties must be filed within thirty days, and for other purposes.

HB 711. By Messrs. Perkins of Carroll, Blalock of Coweta, and others:
A Bill to be entitled an Act to repeal an Act and to provide for the payment of supplemental compensation to the judge of the superior court of the Coweta Circuit, and for other purposes.

HB 716. By Messrs. Gowen and Nightingale of Glynn:
A Bill to be entitled an Act to provide retirement compensation for the ordinary of Glynn County, and for other purposes.

HB 720. By Mr. Coogle of Macon:
A Bill to be entitled an Act t() amend an Act so as to increase the salary of the judge of the city court of Oglethorpe in Macon County, and for other purposes.

HB 722. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to. amend an Act so as to provide that legal holidays falling on Saturday or Sunday shall be observed on the following Monday in certain cities, and for other purposes.

HB 730. By Mr. Dean of Towns:
A Bill to be entitled an Act to amend Section 32-904 of the Code of Georgia so as to increase the compensation of the members of the county boards of education in all counties having a population of not less than 4,520 nor more than 4,820, and for other purposes.

HB 731. By Mr. Dean of Towns:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Towns County, and for other purposes.

HB 733. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to amend an Act so as to vest in the City of Fitzgerald the right of eminent domain, and for other purposes.

HB 742. By Messrs. M. Smith, H. Smith and Lokey of Fulton;
A Bill to be entitled an Act to amend an Act so as to provide a pension to certain disabled employees of the city of Atlanta, and for other purposes.

998

JOURNAL OF THE HOUSE,

HB 744. By Messrs. Gowen of Glynn, Matthews of Clarke, and others:
A Bill to be entitled arr Act to authorize all private corporations to make donations for the public welfare, and for other purposes.

HB 750. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to authorize incorporated municipalities to provide 'off-street parking facilities for 'motor vehicles, and for other purposes.

HB 752. By Messrs. Strickland of Brantley, Deen of Bacon, and others:
A Bill to be entitled an Act to repeal an Act and to provide for the construction of highway welcome stations' by the Department of Corrections, and for other purposes.

HB 754. By Mr. Watson of Dougherty:
A Bill to be entitled an Act to amend an Act so as to remove the provision relating to the tax upon dealers in gun shells, and for other purposes.

HB 756. By. Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend Section 23-1013 of the Code of Georgia so as to give discretion to county governing authorities to increase the compensation of county treasurers, and for other purposes.

HB 758. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to increase the per diem compensation of the judge pro tempore of the City Court of Macon, and for other purposes.

HB 760. By Mr. Graham of Richmond:
A Bill to be entitled an Act to amend an Act so as to authorize the mayor of the City of Augusta to fill vacancies that may occur in the council, and for other purposes.

HB 764. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to provide for the coverage of certain employees of Bibb County under the provisions of the Federal Social Security Act, and for other purposes.

HB 765. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act to confirm a deed conveying certain property ' to the Dudley-Butts Sash, Door & Lumber Company by the City of Columbus, and for other purposes.

HB 766. By Messrs. Hollis, Young and Pickard of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus power to sell a certain portion of Eighth Avenue, and for other purposes.

THURSDAY, NOVEMBER 19, 1953

999

HB 767. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act so as to provide that the Mayor and Council of the City of Athens shall have authority to prescribe a method for casting absentee ballots in city elections, and for other purposes.
HB 768. By Mr. lvey of Newton:
A Bill to be entitled an Act to amend an Act so as to provide that the government of the Town of Oxford shall be vested in a mayor and six councilmen, and for other purposes.

HB 769. By Mr. lvey of Newton:
A Bill to be entitled an Act to amend an Act so as to provide for the operation of a gas distribution system by the City of Covington, and for other purposes.

HB 770. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act. to require Clarke County to supplement the salary of the court recorder of the Western Judicial Circuit, and for other purposes.

HB 771. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to amend an Act so as to provide the term of office of the recorder of the City of Athens, and for other purposes.
HB 772. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to amend an Act so as to provide the hours for holding city elections in the City of Athens, and for other purposes.

HB 779. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Augusta, and for other purposes.

HB 780. By Mr. Adams of Evans:
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 for Evans County, and for other purposes.
HB 781. 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 annexation of Forrest Hills and Wheeler Heights by the City of Augusta, and for other purposes.

HB 782. By Messrs. Weems and Floyd of Chattooga:
A Bill to be entitled an Act to require the naming of an incumbent opponent by candidates for election to the House of Representatives from Chattooga County, and for other purposes.

1000

JOURNAL OF THE HOUSE,

HB 783. By Mr. Whitener of Whitfield:
A Bill to be entitled an Act to amend an Act so as to provide for an election to determine the abolition or continuance of the Whitfield County public works camp, and for other purposes.

HB 784. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A Bill to be entitled 11n Act to amend an Act so as to authorize the City of Decatur to operate parking lots for motor vehicles, and for other purposes.

HB 785. By Mr. Whitener of Whitfield:
A Bill to be entitled an Act to amend an Act so as to change the amount of ad valorem taxes levied for educational purposes by the City of Dalton, and for other purposes.

HB 788. By Mr. Stevens of Marion:
A Bill to be entitled an Act to amend an Act so as to clarify the effective date of the salary increase authorized the treasurer of Marion County, and for other purposes.

HB 789. By Mr. Stevens of Marion:
A Bill to be entitled an Act to amend an Act so as to authorize the employment of tax experts by the City of Buena Vista, and for other purposes.

HB 791. By Mr. Greene of Crisp:
A Bill to be entitled an Act to amend an Act so as to provide for the procedure relating to the payment of fines into the treasury of courts of ordinary and for other purposes.

HR 225-743k. By Messrs. Twitty and Hand of Mitchell, Ray of Warren and Smith of Emanuel:
A Resolution proposing a constitutional amendment providing that the General Assembly may prescribe the manner in which funds may be raised by taxation for education in private schools, and for other purposes.

HR 232-743r. By Messrs. Twitty and Hand of Mitchell, and others:
A Resolution providing for the establishment of The Georgia Commission on Education, and for other purposes.

HR 236-743v. By Messrs. Mincy and Frier of Ware and Harrison of Wayne:
A Resolution proposing a constitutional amendment providing for the payment of a gratuity for bringing in the first gas well in the state, and for other purposes.

THURSDAY, NOVEMBER 19, 1953

1001

HR 243-790b. By Mr. Gowen of Glynn:
A Resolution proposing a constitutional amendment providing for the self-government of municipalities, and for other purposes.

SB 142. By Senator Redwine of the 26th:
A Bill to be entitled an Act to amend Section 49-604 of the Code of Georgia pertaining to commissions to examine persons for commitment to the Milledgeville State Hospital, and for other purposes.

SR 23. By Senator Carlisle of the 51st:
A Resolution proposing a constitutional amendment providing for the appointment of an assistant to collect taxes for paying pensions to firemen, and for other purposes.

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

HB 693. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to provide for the consolidation of the governmental functions of the City of Albany and 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 694. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act to require the payment of $10.00 as costs before filing a petition for divorce 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.

HB 695. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act to amend an Act so as to provide for the appointment of members of the Muscogee County Board of Education in other months than May when no grand jury is sitting in May, and for other purposes.

The report 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.

. 1002

JOURNAL OF THE HOUSE,

The bill, having received the requisite constitutional majority, was passed.

HB 696. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Solicitor of the City Court of Columbus, and for other purposes.
The following amendment was read and adopted:
Messrs. Hollis, Pickard and Young of Muscogee move to amend HB 696 by adding at the end of Section 1 the following proviso: "Provided, however, that if the salary, expense account and any other emoluments payable to said solicitor from all governmental sources should exceed the salary, expense account and emoluments of the judge of said City Court, the salary of said solicitor herein provided for shall be reduced by the amount of such excess."

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 698. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of Blakely, and for other purposes.

The report 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 699. By Messrs. Gardner and Watson of Dougherty:
A Bill to be entitled an Act to provide for the payment of supplemental compensation to the Tax Receiver 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 701. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act so as to provide that the Town of Temple may levy a tax on property within the city limits, 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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1003

On the passage of the bill, the ayes were 109, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 702. By Messrs. Graham, Bell and Holley of Richmond:

A Bill to be entitled an Act to amend an Act so as to provide for the

employment of an assistant by the treasurer 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 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 703. By Messrs. Conger and Cloud of Decatur:

A Bill to be entitled an Act to incorporate the City of West Bainbridge. and for other purposes.

The report of the committee, which was favorable to the passage of the hill. was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 704. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to amend an Act so as to require the Commissioners of Roads and Revenues of Decatur County to publish a monthly list of receipts and 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 were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 705. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to amend the charter of the City of Thomson so as to change the corporate limits of said City, a_nd for other purposes.

The report 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 706. By Messrs. Potts and Blalock of Coweta: A Bill to be entitled an Act to require all candidates for election to the

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JOURNAL OF THE HOUSE,

House of Representatives from Coweta County to designate and qualify for a specific seat, and for other purposes.

The report 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 707. By Mr. Green of Rabun:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 708. By Mr. Buie of Camden:
A Bill to be entitled an Act to authorize the closing of a certain alley in the City of Kingsland, and for other purposes.
The report of the com~ittee, 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 709. By Messrs. Potts and Blalock of Coweta:
A Bill to be entitled an Act to amend an Act so as to increase the corporate limits of the City of Newnan, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 710. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to amend an Act so as to provide the initial election of a Board of Education for the Griffin-Spalding School 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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1005

HB 712. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to authorize the closing of certain streets in the City of Barnesville, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 713. By Mr. Stewart of Echols:
A Bill to be entitled an Act to amend an Act establishing a Board of Commissioners of Roads and Revenues of Echols County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 714. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act so as to provide for the creation of a Water, Light and Gas Commission for the City of Camilla, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 715. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to amend an Act so as to divide Lamar County into commissioner 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 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 717. By Messrs. Gowen and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act so as to confirm the closing of certain streets in the City of Brunswick, and for other purposes.

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

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JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 123, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 718. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to supplement the compensation of the Clerk of the Superior Court of Lamar County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 719. By Messrs. Groover, Harris, and McKenna of Bibb:
A Bill to be entitled an Act to repeal an Act providing a retirement plan for employees of Bibb County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 125, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 723. By Messrs Connell and Register of Lowndes:
A Bill to be entitled an Act to amend an Act so as to provide for the adoption of the Supreme Court rules of procedure in civil actions by 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 126, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 725. By Mr. Buie of Camden:
A Bill to be entitled an Act to authorize the closing of certain streets in the City of Saint Marys, and for other purposes.

The report 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 726. By Mr. Wardlow of Turner:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Board of Commissioners of Roads and Revenues of Turner County, and for other purposes.

THURSDAY, NOVEMBER 19, 1953

1007

The report 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 727. By Mr. Adams of Evans:
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 Claxton, and for other purposes.

The report of the committee, which was favorable to the passage of the hili, was agreed to.
On the passage of the hili, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 728. By Mr. Wardlow of Turner:
A Bill to be entitled an Act to amend an Act so as to change the qualifications of voters in the city elections of the City of Ashburn, and for other purposes.

The report 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 729. By Mr. Greene of Crisp:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Cordele, and for other purposes.

The report 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 732. By Mr. Matheson of Hart:
A Bill to be entitled an Act to provide that any person charged with hunting and fishing without a license may enter a plea of guilty in the court of ordinary of certain counties, and for other purposes.

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

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JOURNAL OF THE HOUSE,

HB 735. By Messrs. Frier and Mincy of Ware:
A Bill to be entitled an Act to amend an Act so as to provide for the payment of certain fees to the clerk of the City Court of Waycross, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 736. By Messrs. Frier and Mincy of Ware:
A Bill to be entitled an Act to amend an Act so as to change the salary of the city manager of the City of Waycross, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 737. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to repeal an Act incorporating the City of Lake Tara, and for other purposes.

The report 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 738. By Messrs. Kemp and Foster of Clayton:
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 Clayton County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 739. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the tax commissioner of Clayton County, and for other purposes.

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

THURSDAY, NOVEMBER 19, 1953

1009

On 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. Kemp and Foster of Clayton: A Bill to be entitled an Act to amend an Act so as to change the compensation of the clerk of the superior court and the sheriff of Clayton County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 741. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the commissioner of Roads and Revenues for Clayton County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 743. By Mr. Moore of Pickens: 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 Pickens County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, 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 96. By Senator Hall of the 15th:
A Bill to be entitled an Act to create and establish a Board of Examiners for Beauty Operators and Cosmetologists; to provide for membership on said Board; to provide for appointments, terms of office, powers and duties; to repeal conflicting laws, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 154. By Senator Cates of the 17th:
A Bill to be entitled an Act to create a retirement benefit fund for the employee and for other terms, and for other purposes. Referred to the Committee on Counties and County Matters.

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JOURNAL OF THE HOUSE,

SB 159. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to require the Tax Commissioner of Fulton County to collect taxes due the City of Atlanta.
Referred to the Committee on Municipal Government.

SB 160. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to create a Board of tax assessors in counties having a population of 300,000 or more.
Referred to the Committee on Municipal Government.

SB 161. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Compensation Act so as to provide that firemen and policemen in cities having a population of more than 300,000 shall not come under this Act, and for other purposes.
Referred to the Committee on Municipal Government.

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

HB 253. By Messrs. Lovett and Gilder of Laurens and Deen of Bacon:
A Bill to be entitled an Act to provide that the members of county boards of education shall be selected by the last grand jury immediately preceding the expiration of the term of the member that the member to be selected will replace, and for other purposes.

The report 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 27. By Mr. Turner of DeKalb:
A Bill to be entitled an Act to create the office of Judge of City Court Emeritus, and for other purposes.
The following substitute to HB 27 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. L. 1950, p. 416), as amended by an Act approved February 20, 1951 (Ga. L. 1951, p. 394), as amended by an act approved February 15, 1952 (Ga. L. 1952, p. 175) so as to authorize all Judges, Solicitors, and other employees of any City Court in any County of this State to become members of the Employees Retirement System of Georgia; to declare that the City Courts of this State are adjuncts of the Superior Courts of this State; to authorize the payment of contributions under said system; to provide for the time of retirement; to provide for full

THURSDAY, NOVEMBER 19, 1953

1011

credit for all the years of service rendered as Judge and/or Solicitor, 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. The City Courts of this State are hereby declared to be adjuncts of the Superior Courts of this State, the City Courts having concurrent jurisdiction in all civil and criminal matters except those exclusively vested in the Superior Courts.
Section 2. All Judges, Solicitors and other employees of any City Court in this State shall be subject to a merit system of employment as promulgated by each City Court, under which all such officers and employees shall perform services on the basis of merit, fitness and efficiency. All such officers and employees are hereby authorized to become and be members of the Employees Retirement System of Georgia, in accordance with the provisions as established by an Act approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, and to include the provisions contained herein. The governing authority of each County of this State shall deduct or collect from each member the employee contributions required by the Retirement Act and shall monthly remit same to the Retirement System, and the State Treasurer of Georgia is hereby authorized and directed to pay from the funds appropriated for the operation of the Superior Courts of this State the employer contribution required by the Retirement Act, said employer contribution shall be paid by State Treasurer upon receipt of invoice from the Employees Retirement System.
Section 3. All Judges, Solicitors and other employees of any City Court who were in service on December 1, 1952, shall be entitled to all benefits authorized under the terms of the Employees Retirement Act in the same manner as if they had been a member of the Retirement System on said date.
Section 4. Be it further enacted that Section 5, sub-section (1) b, of the Employees Retirement System Act (Ga. L. 1949, p. 138) shall not apply to the Judges and Solicitors of any City Court, but that any Judge or Solicitor of any City Court may retire at his discretion at any time after becoming eligible to retire.
Section 5. Be it further enacted that Section 3, Georgia Laws of 1952, page 175, shall not apply to Judges and Solicitors of the City Courts who participate in the Retirement System in the capacity of Judges and Solicitors; but be it enacted that all Judges and Solicitors so participating shall be entitled to credit for all their prior years of service rendered as Judge and/or Solicitor.
Section 6. 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, by substitute.
On the passage of the bill, by substitute, the ayes were 111, nays 3.
The bill, having received the requisite constitutional majority, was passed, by substitute.

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JOURNAL OF THE HOUSE,

HB 674. By Messrs. Moses of Montgomery, Deen of Bacon, and others:
A Bill to be entitled an Act to repeal an Act and to provide for the designation of the State Board of Education as the State Board for Vocational Education, and for other purposes.
The following committee amendments were read and adopted:
House Committee # 1 on Education moves to amend House Bill No. 674,
as follows:
By inserting after the word "vocation" and before the word "carried" in line 3 of subsection (h) of Section 4 of said bill, the phrase "and any other course as may be designated by the State Board of Education."
By striking subsection (3) of Section 6 on page 2 of said bill, and inserting in lieu thereof a new subsection (3) which shall read as follows:
"(3). On the recommendation of the Executive Officer appoint necessary personnel to administer and carry out the program for vacational education."
By striking subsection (10) of Section 6 on page 3 of said bill.
By striking from subsection (12) of Section 6 on page 3 of said bill, the phrase "for each phase", and by renumbering subsections (11) through and including subsection (17) of said section, to subsection (10) to and including subsection (16), respectively.
By striking subsection (5) of Section 8 on page 3 of said bill.
By striking the first paragraph of Section 9 on page 3 of said bill, and inserting in lieu thereof a new paragraph which shall read as follows:
"DIRECTOR OF DIVISION OF VOCATIONAL EDUCATION SERVICE. The State Board shall employ, upon the recommendation of the Executive Director, a Director of Vocational Education Service who must have had at least five years of successful experience as a vocational educator in an approved program of vocational education, and be a graduate of an accredited college with a major in vocational education. The Director shall be responsible to the State Board through the Executive Officer. The Director shall be charged with the following duties:"
By striking subsection (7) of Section 9 on page 4 of said bill, the phrase "designated by the State Board."
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 127, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
HB 677. By Messrs. Smith of Emanuel, Ray of Warren and Hand and Twitty of Mitchell:
A Bill to be entitled an Act to provide that the State of Georgia may

THURSDAY, NOVEMBER 19, 1953

1013

enter into compacts with certain neighboring states to promote effective control of forest fires, and for other purposes.

The report 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.
The following report was read by the Speaker:

STATE SCHOOL BUILDING AUTHORITY REPORT
Not as Speaker but as Chairman of the State School Building Authority, it is my pleasure at this time to bring you up to date on the progress made in our efforts to furnish all the children in the State of Georgia an adequate building in which to go to school.
To date we have advertised for bids a total of 175 improvements including 153 in the first bond issue and 22 in the second bond issue. A total of $30,490,000 which is 95% of the work included in the first bond issue is included in this group. All school systems in the first bond issue are now under construction with the exception of one system that will be advertised within the next few days.
At the present time we have improvements financed in 103 school systems which is more than half of all the systems in the State. Securities have been sold valued at $95,397,000 which converted into buildings will be sufficient to construct 639 projects adequately providing for 70% of all the school children in our State.
We are now in the process of making a sale of another issue of around $35,000,000. I am glad to report that the money rate at this time is excellent and all indications are that we will be able to finance the next issue at less than 3'/c. We are leaving no stone tmturned to expedite matters so that we can take advantage of this favorable interest rate.
The press has carried charges of corruption, high salaries and excessive fees in connection with State Authorities. At this time, I want to call on the Chairman of the Committee on Education No. 1 to make a thorough investigation of the affairs of the State School Building Authority, and at the same time I want to call on each member of the House to furnish any information to the members of the Committee on Education No. 1 that they think worth investigating. Today I have requested our Executive Secretary to open our books to this committee and give any information requested.
I would also like to request that the Committee on Education No. 1 make a report of its findings back to this House during the present session.
Although a copy of the Audit of the State School Building Authority was mailed to each member of the General Assembly with a cover letter requesting any suggestions that might improve our operation, and even though to date no suggestions have been made, I again want to urge that any member that has any criticism or constructive suggestion to make to report the same to the Committee on Education No. 1

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JOURNAL OF THE HOUSE,

for the State School Building Authority is anxious to give the greatest value possible for every dollar spent.
While the State School Building Authority is proud of the progress that we have made in the school building program we wish to invite you to make any constructive suggestion that would help the operation of this Authority. It is our intent and purpose to continue to give the most efficient and prompt service possible and receive 100';'~ value for each dollar spent.
Again I want to take this opportunity to thank all of you for making this program possible.

Under the reg-ular order of business, the following bill of the House was i~ken up for consideration and read the third time:

HB 132. By Messrs. Greer of Lanier, Perkins of Carroll, and others:
A Bill to be entitled an Act to amend an Act so as to change the age and service qualifications of Judges of the Superior Court Emeritus, and for other purposes.

Mr. Bell of Richmond moved that HB 132 be recommitted to the Committee on General Judiciary No. 1 for further study.
The motion to recommit was withdrawn.
Mr. Bell of Richmond moved that further consideration of HB 132 be postponed until Tuesday, November 24, 1953, immediately following the period of unanimous consents, and the motion prevailed.
The following resolutions of the House and Senate were read and adopted:

SR 66. By Senators Blitch of the 5th and others:
A Resolution inviting the officers of the State Democratic Executive Committee to attend the Joint Session of the General Assembly at which Honorable Adlai E. Stevenson will speak, and for other purposes.

SR 67. By Senators Blitch of the 5th and others:
A Resolution inviting the members of the Georgia Congressional Delegation to attend the Joint Session of the General Assembly at which Honorable Adlai E. Stevenson will speak, and for other purposes.

SR 68. By Senators Blitch of the 5th and others:
A Resolution inviting the members of the State Democratic Executive Committee to attend the Joint Session of the General Assembly at which Honorable Adlai E. Stevenson will speak, and for' other purposes.

SR 75. By Senator Dean of the 34th:
A Resolution providing for the inspection of the Georgian Clinic for alcoholics by a committee from the General Assembly, and for other purposes.

THURSDAY, NOVEMBER 19, 1953

1015

HR 266. By Messrs. Hand of Mitchell and Brazeal of Terrell:

A RESOLUTION
WHEREAS, Mr. C. F. Oxford, the father of Mr. Dixon Oxford, a member of the State Highway Board of Georgia, has passed away; and
WHEREAS, the State of Georgia has suffered a great loss in the death of this true Georgia patriot and fine Christian gentleman;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this body expresses its sorrow at the death of Mr. C. F. Oxford, and extends its deepest sympathy to Mr. Dixon Oxford in this his time.of great bereavement.
BE IT FURTHER RESOLVED, that the Clerk of the House transmit a copy of this Resolution to Mr. Dixon Oxford.

HR 267. By Messrs. Hand and Twitty of Mitchell, and others:

A RESOLUTION
WHEREAS, His Excellency, Governor Herman E. Talmadge and his charming wife, the First Lady of Georgia, Mrs. Betty Talmadge, most graciously entertained the members of the House of Representatives at a barbecue at the Governor's Mansion on Tuesday evening, November 17th, 1953, and
WHEREAS, the members of this House, both individually and collectively did enjoy themselves to the fullest (this latter word being deliberately used in both senses, in view of the enormous amounts of barbecue consumed on said occasion), and
WHEREAS this House desires to express its genuine appreciation to its gracious hostess and host on this memorable occasion,
NOW THEREFORE, BE IT UNANIMOUSLY RESOLVED by the House of Representatives of the General Assembly of Georgia that the members of this body do hereby, individually and collectively thank our Governor and his charming, beautiful and hospitable wife for their thoughtfulness and hospitality in tendering to this body such a magnificent barbecue.
BE IT FURTHER RESOLVED that this body apologize for those members who stayed too long or ate too much, the quality and quantity of food and hospitality being such as to excuse such minor breaches of etiquette.
BE IT FURTHER RESOLVED that copy of this resolution be spread upon the minutes and duly engrossed copies be sent to Governor and Mrs. Talmadge.

HR 268. By Mrs. Horne and Murr of Sumter, and others:

A RESOLUTION
Extending condolences to the family of Honorable J. Earl Carter, and for other purposes.

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JOURNAL OF THE HOUSE,

WHEREAS, since the January-February Session of this General Assembly, Honorable J. Earl Carter, who so ably represented his home county of Sumter in the House of Representatives, has passed away; and
WHEREAS, this body has experienced a great loss in the death of this capable Legislator and Christian gentleman;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this body express its deep sorrow in the death of Honorable J. Earl Carter, and extend its condolences to the family of Mr. Carter.
BE IT FURTHER RESOLVED, that the Clerk of the House transmit a copy of this Resolution to the family of Mr. Carter.

HR 269. By Messrs. Hand and Twitty of Mitchell, and others:

A RESOLUTION
WHEREAS, on December 9, 1952, a corporation titled "The Hall of Our History, Inc." was organized in Georgia to promote knowledge and to create in the people of the United States an appreciation of the ideals and achievements of the free men and women who have contributed to our history and,
WHEREAS, this Corporation is governed by a Board of Trustees of Seventy-five members, including the Governor of Georgia, representing a broad cross-section of our finest Americans, and
WHEREAS, this Board of Trustees has directed its plans and 'is now bringing into being a magnificent and ageless memorial to be located on Pine Mountain, Georgia, on land donated by the State of Georgia, and
WHEREAS, the General Assembly of the State of Georgia desires to express its deep appreciation and full endorsement of these efforts,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA
1. That people of Georgia hereby express their deep appreciation for the great purpose and plans of The Hall of Our History, Inc.
2. The people of Georgia fully endorse this magnificent undertaking by the Board of Trustees of the Corporation.
3. Henceforth the lofty prominence on Pine Mountain on which The Hall of Our History is to be erected shall be known as "Constitution Hill".

HR 270. By Messrs. Moore of Pickens and Stewart of Echols:

A RESOLUTION
WHEREAS, tragedy has struck the home of a former member of the House of Representatives from Pickens County, Honorable Hayes Picket in which they have sustained the supreme loss and
WHEREAS, the wife of Mr. Picket is in critical condition from injuries received

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1017

NOW THEREFORE be it resolved by the House of Representatives that the deep sympathy of each member of this body be expressed to them at this time of sadness.
BE IT FURTHER RESOLVED that it is the prayer of each member of this body that Almighty God in His infinite wisdom will heal the injuries and restore the health of Mrs. Picket
BE IT FURTHER RESOLVED THAT a copy of this resolution be dispatched to Honorable Hayes Picket.

HR 271. By Mr. Bell of Richmond:

A RESOLUTION
WHEREAS, the Training School for Boys at Milledgeville has a glee club which the people of Georgia should be proud, and
WHEREAS, it would be constructive for the glee club composed of boys at the Training School at Milledgeville to appear before the House of Representatives of the General Assembly of Georgia.
NOW THEREFORE BE IT RESOLVED, that the House of Representatives of the State of Georgia do extend an invitation to the Director of the Training School for Boys at Milledgeville requesting him to bring the Glee Club of the Training School for Boys at Milledgeville before the House of Representatives to bring a message in song to the Members of the House.

HR 272. By Messrs. Hall of Floyd, Lovett of Laurens, and Harrison of Jenkins:

A RESOLUTION
WHEREAS, House Resolution # 195-639c, adopted February 23,
1953, authorized a Committee to study the entire educational system of the State, and to make its report and recommendations to the General Assembly at its November, 1953, Session, and,
WHEREAS, said Committee did make such study, and did compile its report and recommendations, and,
WHEREAS, in order to prepare and compile such report and recommendations, it was necessary that the Committee secure stenographic assistance,
WHEREAS, in order to supervise the compilation of the final report and recommendations of "the Committee, it was necessary that the Chairman devote more time to the work than authorized in the original resolution.
THEREFORE, BE IT RESOLVED, that the State Treasurer be, and he is hereby authorized and directed to pay the necessary stenographic expense involved, as may be approved by the Chairman of the Committee; further, that he be authorized and directed to pay the Chairman of said Committee per diem and expenses for the additional time involved, not to exceed ten days.

1018

JOliRNAL OF THE HOUSE,

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 tomorrow morning at 10:00 o'clock.

FRIDAY, NOVEMBER 20, 1953

1019

Representative Hall, Atlanta, Georgia. Friday, November 20, 1953.

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

Prayer was offered by Reverend James 0. Crabb, Pastor, Pleasant Valley North Baptist Church, Rome, Georgia.

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

Mr. Garrard of Wilkes, 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 from the Committee on Municipal Government, read the second time and recommitted to the Committee on Municipal Government:

HB 776. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to authorize the boards of education of certain counties to provide for the operation of speech correction schools, and for other purposes.

By unanimous consent, the following bill of the House was withdrawn from the Committee on Pensions, read the second time and recommitted to the Committee on Pensions :
HB 800. By Messrs. Groover of Bibb and Nightingale of Glynn:
A Bill to be entitled an Act to provide for the coverage of certain employees of political subdivisions under the provisions of the Federal Social Security Act, and for other purposes.
By unanimous consent, the following bills and resolutions of the House were withdrawn from the Committee on State of Republic, read the second time and recommitted to the Committee on State of Republic:

HR 230-743p. By Messrs. Hand and Twitty of Mitchell and Smith of Emanuel:
A Resolution proposing a constitutional amendment providing the procedure by which a county may remove the exemption on personal property and homestead for school purposes, and for other purposes.

HR 229-743o. By Messrs. Hand and Twitty of Mitchell and Smith of Emanuel:
A Resolution proposing a constitutional amendment providing the procedure by which a county may remove or increase the limitation on the tax levy for education, and for other purposes.

1020

JOURNAL OF THE HOUSE,

HB 749. 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 that pay patients may be admitted to a hospital operated for the indigent sick in conjunction with the State Medical College, and for other purposes.

HB 662. By Messrs. Hand and Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to designate the state-owned property at the State Capitol as "The Capitol Square", and for other purposes.

HB 661. 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 qualification dates for candidates in primary elections, and for other purposes.

HB 676. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and Smith of Emanuel:
A Bill to be entitled an Act to create an agency of the state to be known as Georgia Forest Research Council, and for other purposes.

By unanimous consent, the following bill of ~he House was recommitted to the Committee on Banks and Banking:

HB 663. By Messrs. McWhorter, Rutland, and Turner of DeKalb:
A Bill to be entitled an Act to amend Section 92-2406 of the Code of Georgia so as to provide that banks and banking associations shall not be taxed upon their capital, 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:

SR 69. By Senators Blitch of the 5th, Edenfield of the 4th, Scoggins of the 33rd and Brown of the 40th:
A bill authorizing the Governor and Director of the State Parks Department to negotiate for the purchase of certain facilities in the Okefenokee National Wildlife Refuge and for the assignment of certain land therein from the Federal government in connection with the establishment of a State Park on said lands; and for other purposes.

SB 152. By Senators Dean of the 34th, Hall of the 15th, Singleton of the 24th, and Jordan of the 25th:
A bill to amend Section 38-418 of the 1933 Code of Georgia Relating

FRIDAY, NOVEMBER 20, 1953

1021

to confidential communications, by adding to subsection 2 thereof a new section to be numbered 2 (a) to provide for the admissibility in evidence of employment and payment of counsel by persons other than nominal parties and litigants of record.

SB 155. By Senators Jordan of the 25th and Campbell of the 31st:
A bill to amend Section 26-1601 of the Code relating to the crime of kidnapping by eliminating therefrom the requirement that the person kidnapped be taken beyond the limits of the State or county; and for other purposes.

SB 156. By Senators Edenfield of the 4th, Campbell of the 31st and Carlisle of the 51st:
A bill to amend an Act approved February 25, 1953 known as the Subversive Activities Act, to make it a crime to advocate or conspire to overthrow or destroy the government of the United States or State of Georgia or any political subdivision thereof by revolution, force or violence; and for other purposes.

SB 165. By Senators Edenfield of the 4th and Carlisle of the 51st:
A bill to define and designate the property owned by the State of Georgia as "The Capitol Square"; to fix control and jurisdiction over use of said State-owned property; and for other purposes.

SB 166. By Senator Ramsey of the 1st:
A bill to convey to the County of Chatham a right of way on McQueens Island for a new highway to Savannah Beach; and for other purposes.

SB 168. By Senators Hawes of the 29th and Edenfield of the 16th:
A bill to authorize, limit and regulate the establishment and operation of branch offices by Building and Loan Associations and Savings and Loan Associations incorporated, organized and doing business under the laws of the State of Georgia; and for other purposes.

SB 169. By Senator Hawes of the 29th and Edenfield of the 16th:
A bill to amend CQde Section 13-2017 so as to authorize banks to lend not more than 30% of its capital and surplus on stock of any corporation; and for other purposes.

SB 171. By Senators Singleton of the 24th, Jordan of the 25th, Brown of the 40th and others:
A bill to protect trade-mark owners, producers, and distributors against injurious practices in the distribution of competitive commodities bearing a distinguishing trade-mark, brand or name; and for other purposes.

SB 176. By Senator Millican of the 52nd: A bill to require the Commissioners of Roads and Revenues of Fulton

1022

JOURNAL OF THE HOUSE,

County to supplement the funds of the County Board of Education; and for other purposes.

SB 181. By Senator Dean of the 34th:
A bill to be entitled an Act to amend an Act approved August 16, 1922, (Georgia Laws 1922, Page 248), creating the City Court of Decatur, and all Acts amendatory thereof, so as to provide for the creation of the office of Judge Emeritus of said Court; to define the duties and fix the compensation of such officer; and for other purposes.

HR 253. By Messrs. Nightingale of Glynn, Groover of Bibb and others:

A Resolution requesting the Board of Regents to require law students

to successfully pass a course on legal and judicial ethics; and for

other purposes.



HR 254. By Messrs. Nightingale of Glynn, Groover of Bibb and others:
A Resolution requesting the State Board of Bar Examiners to require law students to successfully pass a course on legal and judicial ethics; and for other purposes.
HB 628. By Mr. Blackburn of Habersham:
A bill to be entitled an Act to create the Habersham Water Authority; to provide the purpose, duties and organization of said Authority; and for other purposes.
HB 632. By Mr. Blackburn of Habersham:
A bill to be entitled an Act to create the Habersham County Gas Distribution Authority; to provide the purpose, duties and organization of said Authority; and for other purposes.
HB 638. By Mr. Williams of Franklin:
A Bill to be entitled An Act to amend an Act entitled "An Act to fix the salary of the Treasurer of Franklin County"; and for other purposes.
By unanimous consent, the following was estal,lished as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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.

FRIDAY, NOVEMBER 20, 1953

1023

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

HB 844. By Messrs. Lanier of Candler, Frier of Ware, Williams of Bulloch, Trapnell of Bulloch and Hamilton of Appling:
A Bill to be entitled an Act to amend an Act prohibiting livestock from running at large or straying upon the public roads, and for other purposes.
Referred to the Committee on Agriculture #1.

HB 845. By Messrs. Bell of Richmond and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act relating to any person who, by himself or another, shall furnish or cause to be furnished, or permit any other person in his employ to furnish any minor spirituous or intoxicating or malt liquors, etc., and for other purposes.
Referred to the Committee on Special Judiciary.

HB 846. By Messrs. Connell and Register of Lowndes:
A Bill to be entitled an Act to amend an Act known as the Teachers Retirement System Act, so as to provide additional provision for restoration of beneficiaries to membership in said system; and for other purposes.
Referred to the Committee on Pensions.

HB 847. By Mr. H: Smith of Fulton:
A Bill to be entitled an Act to amend an Act to provide that the Secretary of State shall be the Commissioner of Securities of this State; to define and classify securities and regulate the sale thereof; and for other purposes.
Referred to the Committee on State of Republic.

HB 848. By Messrs. Ray of Warren, Hand and Twitty of Mitchell, Smith of Emanuel, McCracken of Jefferson and Key of Jasper:
A Bill to be entitled an Act to amend the General Appropriations Act, so as to provide an appropriation of $75,000.00 to aid in carrying out the provisions set out in an Act entitled "Franklin D. Roosevelt Warm Springs Memorial Commission", and for other purposes.
Referred to the Committee on Appropriations.

HB 849. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel and Key of Jasper:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the leasing of the overhead or underground rights or property not useful, for railroad purposes, of the Western & Atlantic Railroad ; and for other purposes.
Referred to the Committee on State of Republic.

1024

JOURNAL OF THE HOUSE,

HB 850. By Messrs. Hand and Twitty of Mitchell; Smith of Emanuel, Ray of Warren and Key of Jasper:
A Bill to be entitled an Act to provide a maximum amount of Five Thousand Dollars as fees to be paid the Secretary of State for the filing, after the approval of this Act, of certified copies of proceedings for the granting of charters, amendments to charters, mergers, etc., and for other purposes.
Referred to the Committee on Ways and Means.
HB 851. By Messrs. Gowen and Nightingale of Glynn and Foster of Clayton:
A Bill to be entitled an Act to amend an Act relating to counties to which the real Estate Law is applicable, so as to make its provisions state-wide and to provide that certain persons may obtain a license without an examination, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 852. By Mr. Veal of Putnam:
A Bill to be entitled an Act to provide that the Clerks of Superior Courts shall not record any instrument unless the names of all parties executing same and the names of all witnesses are printed or typed immediately below their signatures; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 853. 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 to prescribe conditions, method and procedure for commitment by the Courts of youthful persons between 16 and 18 years of age to the State Training School for Boys at Milledgeville; and for other purposes.
Referred to the Committee on Training Schools.
HB 854. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the Clerks of the Superior Courts of Georgia, and for other purposes.
Referred to the Committee on State of Republic.
HB 855. By Hoke Smith of Fulton:
A Bill to be entitled an Act to amend an Act which regulates and limits investments by Executors and Administrators, etc., and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 856. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating the office of Superior Court Reporter Emeritus, and for other purposes. Referred to the Committee on Pensions.

FRIDAY, NOVEMBER 20, 1953.

1025

HB 857. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to provide for a Recorder's Court to replace the Mayor's Court, and for other purposes.
Referred to the Committee on Municipal Government.

HB 858. By Mr. Hoke Smith of Fulton:
A Bill to be entitled an Act to amend an Act to provide for the retirement of the Judges and the Solicitor General of the Criminal Court of Fulton County, and for other purposes.
Referred to the Committee on Municipal Government:

HB 859. By Mr. Ursrey of Jeff Davis: A Bill to be entitled an Act to amend the Charter of the City of Hazlehurst, and for other purposes.
Referred to the Committee on Municipal Government.
HB 860. By Messrs. Hicks, Hall and Scoggin of Floyd: A Bill to be entitled an Act to provide for the compensation of the Judge of the City Court of Floyd County; and for other purposes.
Referred to the Committee on Municipal Government.
HB 861. By Messrs. Hicks, Hall and Scoggin of Floyd: A Bill to be entitled an Act to amend an Act entitled "An Act to create a new charter and municipal government for the City of Cave Springs", and for other purposes.
Referred to the Committee on Municipal Government.

HB 862. By Messrs. Sipple and Cheatham of Chatham:
A Bill to be entitled an Act amending the Act creating and establishing the municipal Court of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.

HB 863. By Messrs. Turner, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to create a system of pensions and retirement pay for officers and employees of DeKalb County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 864. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act, so as to provide that the chief deputy clerk of the Superior Court shall be Administrative officer of the Superior Court of Fulton County and so as to fix the

1026

JOURNAL OF THE HOUSE,

minimum salary to be paid to said chief deputy clerk for his services as such, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 865. By Mr. Sivell of Harris:
A Bill to be entitled an Act to provide for a bond for each of the County Commissioners of Harris County and the Clerk of the Commissioners; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 866. By Messrs. Chastain and Willis of Thomas:
A Bill to be entitled an Act to authorize any counties in this State having a population of not less than 33,900 and not more than 34,000, to establish and maintain a law library for the use of the Judges, Solicitors, and other officers of the Courts, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 867. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, and for other purposes.
Referred to the Committee on Municipal Government.

HB 868. By Messrs. Bentley, Smith and Willingham of Cobb:
A Bill to be entitled an Act to create and establish the position of Assistant Solicitor General, of the Cobb Judicial Circuit, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 273,867a. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Key of Jasper.
A Resolution proposing to the voters and amendments to the Constitution, to be designated Article XVI, Slum Clearance and Redevelopment, so as to authorize the General Assembly to provide by law that any city or town or any housing authority may undertake and carry out slum clearance and redevelopment work, etc., and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.
HR 274-867b. By Mr. Murphy of Haralson:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Haralson County by the people, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HR 275-867c. By Mr. Wardlow of Turner: A Resolution to compensate Mr. Henry C. Hill for injuries incurred in

FRIDAY, NOVEMBER 20, 1953

1027

an accident with a State Patrol automobile, and for other purposes. Referred to the Committee on Special Appropriations.

HR 276-867d. By Mr. Harrison of Wayne:
A Resolution to compensate Mr. 0. L. Harris, of Screven, Georgia, for damages to his automobile caused by a collision with a State Highway Department truck, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 277-867e. By Mr. Adams of Upson:
A Resolution authorizing and directing the appointment of an investigating Committee for "the purposes of examining and investigating into the receiving of gifts, favors and other emoluments on the part of the State Insurance Commissioner, and for other purposes.
Referred to the Committee on State of Republic.

Mr. Cornelius of Polk County, Chairman of the Committee on Corporations, submitted the following report:
Mr. Speaker:
Your Committee on Corporations has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 748. Do Pass.
Respectfully submitted,
Cornelius of Polk,
Chairman.

Mr. Hoke Smith of Fulton 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 775. Do Pass. HB 774. Do Pass. HB 773. Do Pass. HB 787. Do Pass. HB 819. Do Pass. HB 827. Do Pass. HB 804. Do Pass. HB 833. Do Pass.

1028

JOURNAL OF THE HOUSE,

HB 824. Do Pass. HB 805. Do Pass. HB 810. Do Pass. HB 809. Do Pass. HB 839. Do Pass. HB 821. Do Pass. HB 820. Do Pass. HB 724. Do Pass. SB 161. Do Pass. SB 159. Do Pass. SB 160. Do Pass. SB 832. Do Pass. SB 830. Do Pass.

Respectfully submitted, Hoke Smith of Fulton, Chairman.

Mr. Coogle of Macon County, Chairman of the Committee on Public Librarys, submitted the following report :

Mr. Speaker:

Your Committee on Public Librarys has had under consideration the following Resolutions of the House and bas instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 235-743n. Do Pass.

HR 227-743m. Do Pass.

Respectfully submitted, Coogle of Macon, Chairman.

Mr. Blalock of Coweta 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 recommendation:

HR 250-790i. Do Pass.

Respectfully submitted, Blalock of Coweta,

Chairman.

FRIDAY, NOVEMBER 20, 1953

1029

Mr. Holley of Richmond County, Chairman of the Committee on Railroads, submitted the following report:
Mr. Speaker:
Your Committee on Railroads has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 660. Do Pass.
Respectfully submitted,
Holley of Richmond,
Chairman.

Mr. Barber of Colquitt 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 128-414b. Do Pass. HR 35-141b. Do Pass as amended. HR 146-515c. Do Pass as amended.
HR 98-337b. Do Pass as amended. HR 92-299a. Do Pass.
Respectfully submitted, Barber of Colquitt, Chairman.

Mr. Roy 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 801. Do Pass.
HB 152. Do Pass.
HB 153. Do Not Pass.
Respectfully submitted,
Ray of Warren, Chairman.

1030

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 152. By Messrs. Nightingale of Glynn and Lifsey of Lamar:
A Bill to be entitled an Act to amend an Act so as to change the annual fee on vehicles owned by the state or any other political subdivision of the state from $3.00 to $.50, and for other purposes.

HB 660. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to provide for the dissolution of railroad corporations organized under the laws of Georgia, and for other purposes.

HB 724. By Mr. Cummings of Seminole:
A Bill to be entitled an Act to authorize the closing of certain streets in the City of Donalsonville, and for other purposes.

HB 748. By Messrs. Weems and Floyd of Chattooga, and others:
A Bill to be entitled an Act to amend an Act so as to provide the method for incorporation of non-profit corporations, and for other purposes.

HB 773. By Messrs. Stephens and Matthews of Clarke:
A .Bill to be entitled an Act to amend an Act so as to authorize the closing of certain streets in the City of Athens, and for other purposes.

HB 774. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act so as to provide the term of office and the manner of electing the city attorney of the City of Athens, and for other purposes.

HB 775. By Mr. Whitener of Whitfield:
A Bill to be entitled an Act to amend an Act so as to provide for the levying of a tax for public health and hospital purposes in the City of Dalton, and for other purposes.

HB 787. By Mr. Stevens of Marion:
A Bill to be entitled an Act to create a charter for the Town of Tazewell, and for other purposes.

HB 801. By Messrs. Ray of Warren, Lokey of Fulton, and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act so as to provide that the sales tax shall not apply to tangible personal property imported into this state which was acquired prior to the effective date of the Act, and for other purposes.
HB 804. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to provide for the

FRIDAY, NOVEMBER 20, 1953

1031

annexation of certain territory by the City of Macon, and for other purposes.

HB 805. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to prescribe qualifications for members of the board of water commissioners of the City of Macon, and for other purposes.

HB 809. By Mr. Gunter of Hall:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the mayor and commissioners of the City of Gainesville, and for other purposes.

HB 810. By Mr. Coogle of Macon:
A Bill to be entitled an Act to amend an Act so as to change the name of the Town of Marshallville to the City of Marshallville, and for other purposes.

HB 819. By Messrs. Willis and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act so as to change the ad valorem tax rate levied by the City of Pavo, and for other purposes.

HB 820. By Messrs. Hicks, Hall and Scoggin of Floyd: A Bill to be entitled an Act to amend an Act so as to change the tax rate of the City of Rome, and for other purposes.
HB 821. By Mr. Phillips of Walton: A Bill to be entitled an Act to amend an Act so as to change the hours for holding elections in the City of Monroe, and for other purposes.
HB 824. By Mr. Phillips of Walton: A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Monroe, and for other purposes.

HB 827. By Messrs. Foster and 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 Forest Park, and for other purposes.

HB 830. By Mr. Strickland of Brantley:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Nahunta, and for other purposes.

HB 832. By Mr. Ingle of Murray:
A Bill to be entitled an Act to close an alley in Spring Place, and for other purposes.

1032

JOURNAL OF THE HOUSE,

HB 833. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act so as to provide for the election of a recorder for the City of Carrollton, and for other purposes.

HB 839. By Messrs. Hall, Hicks and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Rome, and for other purposes.

HR 35-14lb. By Messrs. Campbell and Coker of Walker:
A Resolution to compensate Clyde Frye for injuries, and for other purposes.

HR 92-299a. By the Clerk's Office:
A Resolution to compensate Mrs. W. J. Gallemore and Judge J. R. Wimberly for damages, and for other purposes.

HR 98-337b. By Messrs. Abney of Catoosa, Jessup of Bleckley and others: A Resolution to compensate Trooper John E. Moreland for injuries, and for other purposes.
HR 128-414b. By Messrs. Holton and Hayes of Coffee: A Resolution to compensate Ed R. Patton for damages, and for other purposes.

HR 146-515c. By Mr. Willingham of Cobb:
A Resolution to compensate E. S. McKinney for damages, and for other purposes.

HR 227-743m. By Messrs. Nightingale and Gowen of Glynn:
A Resolution requesting that certain law books be furnished the superior court of Glynn County, and for other purposes.

HR 235-743u. By Mr. Dean of Towns:
A Resolution requesting that certain law books be furnished the superior court of Towns County, and for other purposes.

HR 250-790i. By Mr. Sivell of Harris:
A Resolution authorizing the sale of certain state-owned land in Harris County, and for other purposes.

SB 159. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to require the tax commissioner of Fulton County to collect taxes due the City of Atlanta, and for other purposes.

FRIDAY, NOVEMBER 20, 1953

1033

SB 160. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to require the board of tax assessors in certain counties to receive all business tax returns and all delinquent tax returns, and for other purposes.

SB 161. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide that firemen and policemen in certain cities shall not come under the Workmen's Compensation Law, and for other purposes.

By unanimous consent, the following bill of the House was recommitted to the Committee on Municipal Government:

HB 809. By Mr. Gunter of Hall:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the mayor and commissioners of the City of Gainesville, and for other purposes.

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

HB 697. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the solicitor general of the Chattahoochee Judicial Circuit, and for other purposes.
The following amendment was read and adopted:
Messrs. Hollis, Pickard and Young of Muscogee move to amend HB 697 by adding the following proviso at the end of Section 3: "Provided, however, if the total salary, expense allowance and other emoluments payable to said solicitor general from all sources should exceed the salary, expense allowance and other emoluments payable to the judge of the Superior Court of the Chattahoochee Circuit, then the total contributions, of the counties herein provided for shall be reduced. by the amount of such excess, the contribution of each county being reduced in the ratio which its contribution bears to the total of such contributions."

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.

HB 700. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to provide that appeals to the superior court from the board of zoning appeals in certain counties must be filed within thirty days, and for other purposes.
The following amendment was read and adopted:

1034

JOURNAL OF THE HOUSE,

Messrs. Graham, Bell and Holley of Richmond move to amend HB 700 by adding Section 3 thereto as follows:

Section 3.
"Be it further enacted that all laws and parts of laws in conflict with this amendment be, and the same are hereby repealed."

The report of the committee, which was favorable to the 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 711. By Messrs. Perkins of Carroll, Blalock of Coweta, and others:
A Bill to be entitled an Act to repeal an Act and to provide for the payment of supplemental compensation to the judge of the superior court of the Coweta 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 716. By Messrs. Gowen and Nightingale of Glynn:
A Bill to be entitled an Act to provide retirement compensation for the ordinary 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 720. By Mr. Coogle of Macon:
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 Oglethorpe in Macon County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 730. By Mr. Dean of Towns: A Bill to be entitled an Act to amend Section 32-904 of the Code of

FRIDAY, NOVEMBER 20, 1953

1035

Georgia so as to increase the compensation of the members of the county boards of education 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 731. By Mr. Dean of Towns:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Towns 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 733. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to amend an Act so as to vest in the City of Fitzgerald the right of eminent domain, and for other purposes.

The report 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 758. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to increase the per diem compensation of the judge pro tempore of the City Court of Macon, and for other purposes.
~
The report of the committee, which was favorable to the passage of the bill, \vas agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 742. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide a pension to certain disabled employees of the City of Atlanta, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1036

JOURNAL OF THE HOUSE,

HB 760. By Mr. Graham of Richmond:
A Bill to be entitled an Act to amend an Act so as to authorize the mayor of the City of Augusta to fill vacancies that may occur in the 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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 764. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to provide for the coverage of certain employees of Bibb County under the provisions 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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 765. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act to confirm a deed conveying certain property to the Dudley-Butts Sash, Door & Lumber Company by 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 766. By Messrs. Hollis, Young and Pickard of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus power to sell a certain portion of Eighth 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 767. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act so as to provide that the Mayor and Council of the City of Athens shall have authority to prescribe a method for casting absentee ballots in city elections, and for other purposes.

FRIDAY, NOVEMBER 20, 1953

1037

The report 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 768. By Mr. lvey of Newton: A Bill to be entitled an Act to amend an Act so as to provide that the government of the Town of Oxford shall be vested in a mayor and six councilmen, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 769. By Mr. lvey of Newton: A Bill to be entitled an Act to amend an Act so as to provide for the operation of a gas distribution system of the City of Covington, and for other purposes.
The report 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 770. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to require Clarke County to supplement the salary of the court recorder 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 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 771. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act so as to provide the term of office of the recorder of the City of Athens, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1038

JOURNAL OF THE HOUSE,

HB 772. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act so as to provide the hours for holding city elections in 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 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 779. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits 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 123, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 780. By Mr. Adams of Evans:
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 for 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 124, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 781. 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 annexation of Forrest Hills and Wheeler Heights by the City of Augusta, and for other purposes.
The following amendment was read and adopted:
Messrs. Holley, Graham and Bell of Richmond County move to amend HB 781 by adding after the words "other purposes" appearing in the 14th line of the caption the following words: "(Georgia Laws 1951, pages 3335-3339)" and also after the words "other purposes" appearing in the 14th line of Section 1 the following words: " (Georgia Laws 1951, pages 3335-3339)".

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.

FRIDAY, NOVEMBER 20, 1953

1039

HB 782. By Messrs. Weems and Floyd of Chattooga: A Bill to be entitled an Act to require the naming of an incumbent opponent by candidates for election to the House of Representatives from 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 126, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 783. By Mr. Whitener of Whitfield: A Bill to be entitled an Act to amend an Act so as to provide for an election to determine the abolition or continuance of the Whitfield County public works camp, and for other purposes.
The report 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 784. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Decatur to operate parking lots for motor vehicles, and for other purposes.

The report 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 785. By Mr. Whitener of Whitfield: A Bill to be entitled an Act to amend an Act so as to change the amount of ad valorem taxes levied for educational purposes by 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 129, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 788. By Mr. Stevens of Marion:
A Bill to be entitled an Act to amend an Act so as to clarify the effective date of the salary increase authorized the treasurer of Marion County, and for other purposes.

1040

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 789. By Mr. Stevens of Marion:
A Bill to be entitled an Act to amend an Act so as to authorize the employment of tax experts by the City of Buena Vista, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 131, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees:

SB 152. By Senators Dean of the 34th, Hall of the 15th, Singleton of the 24th and Jordan of the 25th:
A Bill to be entitled an Act to amend an Act relating to confidential communications; to provide for the admissibility in evidence of employment and payment of counsel by persons other than nominal parties and litigants of record, and for other purposes.
Referred to the Committee on State of Republic.

SB 155. By Senators Jordan of the 25th and Campbell of the 31st:
A Bill to be entitled an Act to amend an Act relating to the crime of kidnapping by eliminating therefrom the requirement that the person kidnapped b.e taken beyond the limits of the State or County, and for other purposes.
Referred to the Committee on General Judiciary # 1.

SB 156. By Senators Edenfield of the 4th, Carlisle of the 51st and Campbell of the 31st:
A Bill to be entitled an Act to amend an Act known as the Subversive Activities Act, to make it a crime to advocate or conspire to overthrow or destroy the government of the United States etc., and for other purposes.
Referred to the Committee on State of Republic.

SB 165. By Senator Edenfield of the 4th and Carlisle of the 51st: A Bill to be entitled an Act to define and designate the property owned by the State of Georgia as "The Capitol Square", and for other purposes.
Referred to the Committee on State of Republic.

FRIDAY, NOVEMBER 20, 1953

1041

SB 166. By Senator Ramsey of the 1st: A Bill to be entitled an Act to convey to the County of Chatham for highway purposes certain lands on McQueens Island, and for other purposes.
Referred to the Committee on Public Property.
SB 168. By Senator Hawes of the 29th and Edenfield of the 16th:
A Bill to be entitled an Act to authorize, limit and regulate the establishing and operation of branch offices by Building and Loan Associations and Savings and Loan Associations incorporated, organized and doing business under the laws of the State, and for other purposes.
Referred to the Committee on Banks and Banking.
SB 169. By Senator Hawes of the 29th and Edenfield of the 16th:
A Bill to be entitled an Act to amend an Act relating to loans upon collateral, and for other purposes.
Referred to the Committee on Banks and Banking.
SB 171. By Senators Singleton of the 24th, Jordan of the 25th and Brown of the 40th: A Bill to be entitled an Act to protect trade-mark owners, producers, distributors and the general public against injurious and uneconomic practices in the distribution of competitive commodities bearing a distinguishing trade-mark, brand or name, and for other purposes.
Referred to the Committee on State of Republic.
SB 176. 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 supplement the funds of the County Board of Education, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 181. By Senator Dean of the 34th:
A Bill to be entitled an Act to amend an Act creating the City Court of Decatur, so as to provide for the creation of the office of Judge Emeritus of said Court, and for other purposes.
Referred to the Committee on Municipal Government.

SR 69. By Senators Blitch of the 5th, Edenfield of the 4th, Scoggins of the 33rd and Brown of the 40th:
A Resolution authorizing the Governor and the Director of the State Parks Department to negotiate for the purchase of certain facilities in the Okefenokee National Wildlife Refuge, etc., and for other purposes.
Referred to the Committee on Public Property.

1042

JOURNAL OF THE HOUSE,

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

HB 689. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend Chapter 45-8 of the Code of Georgia so as to abolish state taxes on shrimp caught in this state, and for other purposes.

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Adams of Evans Adams of Upson Alexander Ayers Barber of Colquitt Barber of Jackson Birdsong
Blackburn Blalock Bloodworth Bodenhamer Brannen Brantley Bray Callier Campbell of Oconee Chastain Cheatham Clark Clary
Cloud Conger Coogle Cornelius Cummings Deal Dean of Towns Deen of Bacon Denton Dunaway Flynt Fowler Freeman Frier Gardner Garrard Goodson

Graham Greene of Crisp Greer Groover of Bibb Groover of Troup Gunter Hale Hamilton Harper Harris Hayes Henderson Hodges Holton Horne Hurst lvey Jackson Jessup Jones of Lumpkin Jordan of Gwinnett Key Little Lokey McKenna Martin Matheson Mincey Mobley Moore of Pickens Moore of White Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale

Otwell Parker Peacock Phillips of Columbia Potts Rowland Rutland Sipple of Chatham Sivell Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton Stephens of Clarke Stevens of Marion Swindle Tallant Tamplin Tarbutton Terrell Todd Trapnell Turner Twitty Veal Watson White Whitener Wiggins Wilkinson Williams of Bulloch Williams of Franklin Williams of Tift
Willis Wooten Young

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

On the passage of the bill, the ayes were 110, nays 0.

FRIDAY, NOVEMBER 20, 1953

1043

The bill, having received the requisite constitutional majority, was passed.

HB 667. By Messrs. Harper and Bolton of Spalding and Hand of Mitchell:
A Bill to be entitled an Act to amend an Act so as to make certain changes in the service retirement benefits in the retirement system for teachers, and for other purposes.

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Adams of Evans Adams of Upson Alexander Ayers Barber of Colquitt Barber of Jackson Birdsong Blackburn Blalock Bloodworth Brannen Brantley Bray
Callier
Campbell of Oconee Chastain
Cheatham
Clark Clary
Cloud Conger
Coogle
Cornelius Cummings
Deal Dean of Towns
Deen of Bacon
Denton Dunaway Flynt
Fowler
Gardner
Garrard
Goodson Graham

Greene of Crisp Greer Groover of Bibb Gunter Hale Hamilton Harper Harris Henderson Hodges Hollis Horne Hurst Ingle lvey
Jackson Jessup
Jones of Lumpkin
Jordan of Gwinnett Key
Little Lokey
McKenna
McWhorter Martin Matheson Mincey
Mobley
Moore of Pickens Moore of White
Murphey of Crawford
Murphy of Haralson
Murr
Musgrove
Nelson

Otwell Parker Phillips of Columbia Potts Rowland Sipple of Chatham Sivell Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton Stephens of Clarke Strickland
Swindle Tallant Tamplin
Terrell
Todd Trapnell Turner
Twitty
Veal Watson
White Whitener Wiggins
Williams of Bulloch
Williams of Franklin
Williams of Tift
Willis
Wooten
Young
Mr. Speaker

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

1044

JOURNAL OF THE HOUSE,

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 moved that the House do now adjourn until 10:00 o'clock Monday morning, November 23, 1953, and the motion prevailed.

Leave of absence was granted Mr. Jones of Jackson for Monday, November 3, 1953, in order to attend to urgent court business.

The Speaker announced the House adjourned until 10:00 o'clock Monday morning, November 23, 1953.

MONDAY, NOVEMBER 23, 1953

1045

Representative Hall, Atlanta, Georgia Monday, November 23, 1953.

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 Reverend W. E. Roberts, Pastor, Macedonia Baptist Church, Dalton, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of the proceedings for Friday, November 20, 1953, 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 from the Committee on State of the Republic, read the second time and recommitteed to the Committee on State of the Republic:
HB 849. By Messrs. Hand and Twitty of Mitchell and others: A Bill to be entitled an Act to amend an Act relating to the leasing of property of the Western & Atlantic Railroad, and for other purposes.

By unanimous consent, the following bill of the House was withdrawn from the Committee on Ways and Means, read the second time and recommitted to the Committee on Ways and Means:
HB 850. By Messrs. Hand and Twitty of Mitchell and others: A Bill to be entitled an Act to provide a maximum amount to be paid as fees to the Secretary of State for the filing of certified copies of proceedings for the granting of charters, and for other purposes.
By unanimous consent, the following bill of the House was withdrawn from the Committee on Ways and Means and recommitted to the Committee on Banks and Banking:

HB 796. By Messrs. Connell and Register of Lowndes:
A Bill to be entitled an Act to levy and provide for the collection of an excise tax upon state and national banks, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on General Judiciary No. 1, read the second time and recommitted to the Committee on General Judiciary No. 1:

1041)

JOURNAL OF THE HOUSE,

HB 792. By Mr. Tarpley of Union:
A Bill to be entitled an Act to make it unlawful to hunt while under the influence of intoxicating beverages, and for other purposes.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Historical Research, read the second time and recommitted to the Committee on Historical Research:

HR 247-790f. By Messrs. Flynt of Taliaferro, Ray of Warren, and others:
A Resolution providing for the placing of a marble bust of Alexander Hamilton Stephens in the State Capitol, and for other purposes.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 of the House were read the first time and referred to the committees:
HB 869. By Messrs. Lifsey of Lamar, McGarity of Henry, Freeman of Monroe and Hodges of Butts:
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.
Referred to the Committee on Pensions.
HB 870. By Mr. Stewart of Echols:
A Bill to be entitled an Act to provide for compromise and settlement of claim against insurance companies; to declare the public policy on such matters, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 871. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act relating to county and municipal debts by eliminating the requirement that such indebtedness before incurred be approved by a two-thirds majority of the persons voting in an election, etc., and for other purposes.
Referred to the Committee on Municipal Government.

MONDAY, NOVEMBER 23, 1953

1047

HB 872. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Ray of Warren:
A Bill to be entitled an Act to authorize and empower the County Board of Education of any county and independent school systems to reorganize the schools within their jurisdiction and to determine and fix the number of grades to be taught at each school in the respective systems, and for other purposes.
Referred to the Committee on Education # 1.

HB 873. By Messrs. Potts and Blalock of Coweta:
A Bill to be entitled an Act authorizing the City of Newnan, through its proper officials to convey certain property to the State of Georgia; and for other purposes.
Referred to the Committee on Municipal Government.

HB 874. By Messrs. Twitty of Mitchell, Gowen of Glynn and Hollis of Muscogee:
A Bill to be entitled an Act to provide for the appointment of an attorney or attorneys to represent indigent defendants in criminal cases involving capital felonies and appeals from convictions thereof, and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 875. By Mr. Gardner of Dougherty:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act," and for other purposes
Referred to the Committee on Hygiene and Sanitation.

HB 876. By Mr. Stephens of Clarke:
A Bill to be entitled an Act to create an Art Commission for the State of Georgia; to provide for the composition for such Commission, and for other purposes.
Referred to the Committee on University of Georgia.

HB 877. By Mr. Barber of Colquitt:
A Bill to be entitled an Act to authorize the payment of medical and similar expenses incurred by members of the Georgia State Patrol and the Bureau of Investigation as result of injuries received in line of duty; and for other purposes.
Referred to the Committee on Special Appropriations.

HB 878. By Mr. Veal of Putnam:
A Bill to be entitled an Act to provide for the terms of the Superior Court of Putnam County; and for other purposes. Referred to the Committee on Counties and County Matters.

1048

JOURNAL OF THE HOUSE,

HB 879. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Forsyth County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 880. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues of Forsyth County to create and establish restricted zones or districts, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 881. By Mr. Coogle of Macon:
A Bill to be entitled an Act to amend an Act creating the City Court of Oglethorpe County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 278-881a By Mr. Smith of Emanuel:
A Resolution to compensate Mrs. Joan Howell Hicks for the death of her father, Eugene William Howell, which occurred as the result of an accident with a State Highway Department vehicle; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 279-881b By Mr. Smith of Emanuel:
A Resolution to compensate Mrs. Gladstone Barber for damages and injuries incurred as a result of an accident with a State Highway Department vehicle; and for other purposes.
Referred to the Committee on Special Appropriations.

HR 280-881c By Messrs. Murr and Horne of Sumter:
A Resolution authorizing the conveyance of certain lands to Sumter County; and for other purposes.
Referred to the Committee on Public Property.

HR 281-881d By Mr. Gunter and Terrell of Hall:
A Resolution to compensate Mr. J. B. Prosser for damage to his car as a result of collision with a State Highway Department vehicle, and for other purposes.
Referred to the Committee on Special Appropriations.

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

MONDAY, NOVEMBER 23, 1953

1049

HB 170. By Messrs. Haar and Sipple of Chatham:
A Bill to be entitled an Act to amend an Act so as to provide for a Council Manager form of government 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 170 was ordered immediately transmitted to the Senate.

HB 724. By Mr. Cummings of Seminole:
A Bill to be entitled an Act to authorize the closing of certain streets in the City of Donalsonville, and for other purposes.

The report 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 773. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act so as to authorize the closing of certain streets in 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 774. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act so as to provide the term of office and the manner of electing the city attorney of the City of Athens, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 787. By Mr. Stevens of Marion:
A Bill to be entitled an Act to create a charter for the Town of Tazewell, and for other purposes.

1050

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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 775. By Mr. Whitener of Whitfield:
A Bill to be entitled an Act to amend an Act so as to provide for the levying of a tax for public health and hospital purposes in the City of Dalton, and for other purposes.

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

HB 804. By Messrs. Harris, McKenna, and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to provide for the annexation of certain territory by the City of Macon, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 805. By Messrs. Harris, McKenna, and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to prescribe qualifications for members of the Board of water commissioners 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 810. By Mr. Coogle of Macon:
A Bill to be entitled an Act to amend an Act so as to change the name of the Town of Marshallville to the City of Marshallville, and for other purposes.

The report 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.

MONDAY, NOVEMBER 23, 1953

1051

HB 819. By Messrs. Willis and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act so as to change the ad valorem tax rate levied by 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 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 820. By Messrs. Hicks, Hall, and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to change the tax rate of 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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 821. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act so as to change the hours for holding elections in the City of Monroe, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 824. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Monroe, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 827. By Messrs. Foster and 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 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.

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HB 830. By Mr. Strickland of Brantley:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Nahunta, and for other purposes.

The report of the committee, which was favorable to the passage cf 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 832. By Mr. Ingle of Murray:
A Bill to be entitled an Act to close an alley in Spring Place, and for other purposes.

The report 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 833. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act so as to provide for the election of a recorder for 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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 839. By Messrs. Hall, Hicks, and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Rome, and for other purposes.
The following amendments, offered by Messrs. Hall, Hicks and Scoggin of Floyd, to HB 839 were read and adopted:
Amend description of Tract Number Five, Bluff Road and vicinity by changing figure in 2nd line of description from 300 to 200 and by adding following the words "known as" in the fifth line of the description the following: the Bagwell Dairy property thence running west 100 feet to a point 300 feet west of Black's Bluff Road; thence running south and south westerly parallel to said Black's Bluff Road to the southern boundary of the property owned by or known as.
Amend description of Tract #4 Ferry Homes Subdivision and vicinity by changing figure in line six of said description from 914 to 716, by adding following the word "of" in line six "lot number eleven of", by changing word southerly in line nine of said description to southeasterly and by adding following the 9th word of line nine the following: "lot to a point where it intersects with the North Western boundary line of the Utility Alley as per above mention plat; thence

MONDAY, NOVEMBER 23, 1953

1053

north easterly along Utility Alley to point of intersection with the eastern line of Ferry Homes subdivision; thence running generally southerly along the easterly line of said".

The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
The bill, having received the requisite constitutional majority, was passed, as amended.

HR 227-743m. By Messrs. Nightingale and Gowen of Glynn:
A Resolution requesting that certain law books be furnished the superior court of Glynn County, and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 121, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 235-743u. By Mr. Dean of Towns:
A Resolution requesting that certain law books be furnished the superior court of Towns 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 122, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following resolution of the House was read and referred to the Committee on Banks and Banking:

HR 282. By Mr. Stewart of Echols: A Resolution directing the Superintendent of Banks to report to the General Assembly concerning the licensing of loan companies, and for other purposes.
The following bill of the House was taken up for the purpose of considering the Senate substitute and amendments thereto:

HB 128. By Messrs. H. Smith of Fulton and Hollis of Muscogee:
A Bill to be entitled an Act regulating traffic on streets and highways, and for other purposes.
The following Senate substitute to HB 128 was read: By Senators Coker of the 39th, DuPree of the 21st and Edenfield of the 16th:

A BILL To be entitled an Act regulating traffic on streets and highways; to

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effect a revision of certain of the laws of this State dealing with the subject of traffic on the streets and highways, and defining certain crimes in the use and operation of vehicles; to define the power of local authorities to enact or enforce ordinances, rules, or regulations in regard to matters embraced within the provisions of this Act; to provide traffic signs, signals, and markings; to provide for the obedience to and enforcement of this Act; to set out the requirements for the use of the streets and highways; to provide for the making of accident reports and duties after an accident; to provide for the speed of vehicles; to set out the duties and privileges of pedestrians; to provide for the operation of motorcycles and motorbikes; to outline the duties and privileges of emergency vehicles; to set out the necessary equipment required of vehicles; to provide for the regulations regarding special stops, railroad crossings, through highways, and school busses; to provide for the suspension of driving licenses; to make uniform the law relating to the subject matter of this Act; to repeal conflicting laws; to provide for the punishment for violation of the provisions of this Act; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY AND IT IS HEREBY ENACTED BY THE AUTHORITY OF SAME, AS FOLLOWS:
ARTICLE 1
Words and Phrases Defined
SECTION 1.
Definition of words and phrases -The following words and phrases when used in this act shall, for th. purpose of this act, have the meanings respectively ascribed to them in this article.
Subdivision 1.- Vehicles and Equipment Defined.
SECTION 2.
(a) Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
(b) Motor Vehicle- Every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
(c) Motorcycle- Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
(d) Motor-driven cycle- Every motorcycle, including every motor scooter, with a motor which produces not to exceed five horsepower, and every bicycle with motor attached.
(e) Authorized emergency vehicle -Vehicles of the fire department, police vehicles, state patrol vehicles, and such ambulances and emergency vehicles as are designated or authorized by the chief of police of an incorporated city or town.

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(f) School bus- Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school.

SECTION 3.
(c) Truck tractor- Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
(b) Farm tractor- Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
(c) Road tractor- Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.

SECTION 4.
(a) Truck- Every motor vehicle designed, used, or maintained primarily for the transportation of property.
(b) Bus- Every motor vehicle designed for carrying more than 10 passengers and use for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

SECTION 5.
(a) Trailer- Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
(b) Semi-trailer- Every vehicle with or without. motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor v~hicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
(c) Pole trailer- Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

SECTION 6.
(a) Pneumatic tire- Every tire in which compressed air is designed to support the load.
(b) Solid tire- Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.

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(c) Metal tire- Every tire the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material.
SECTION 7.
(a) Railroad- A carrier of persons or property upon cars, other than street cars, operated upon stationary rails.
(b) Railroad train- A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except street cars.
(c) Street car-A car other than a railroad train for transporting persons or property and operated upon rails principally within a municipality.
SECTION 8.
(a) Explosives- Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
(b) Flammable liquid- Any liquid which has a flash point of 70 F. or less, as determined by a closed-cup test device.
SECTION 9.
Gross Weight- The weight of a vehicle without load plus the weight of any load thereon.
Subdivision II - Governmental Agencies, Persons, Owners, etc., Defined
SECTION 10.
(a) Director- The Director of Public Safety of this State.
(b) Department- The Department of Public Safety acting directly or through its duly authorized officers or agents.
(c) Board- The State Highway Board of this State acting directly or through its duly authorized officers or agents.
SECTION 11.
(a) Person- Every natural person, firm, copartnership, association, or corporation.
(b) Pedestrian - Any person afoot.
(c) Driver -Every person who drives or is in actual physical control of a vehicle.

MONDAY, NOVEMBER 23; 1953

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(d) Owner- A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this act.

SECTION 12.
Officer- Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations, including police officers and highway patrolmen.

SECTION 13.
Local authorities- Every county, municipal, and other local board or body having authority to enact laws relating to traffic under the constitution and laws of this State.
Subdivision III - Highways, Restricted Districts, Zones, etc., Defined

SECTION 14.
(a) Street or highway- The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(b) Private road or driveway- Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons.
(c) Roadway- That portion of a highway improved, designed, or ordinarily used for vehicular travel. In the event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.
(d) Sidewalk- That portion of a street be~ween the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
(e) Laned roadway- A roadway which is divided into two or more clearly marked lanes for vehicular traffic.
(f) Through highway- Every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this act.
(g) Limited-access highway- Every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.

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SECTION 15.
Intersection- (a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
(b) Where a highway includes two roadways (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersection highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways (30) feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
SECTION 16.
Crosswalk- (a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway;
(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by Jines or other markings on the surface.
SECTION 17.
Safety Zone - The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
SECTION 18.
(a) Business district- The territory contiguous to and including a roadway when within any 600 feet along such roadway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the roadway provided, however, that when such territory is located outside the incorporated limits of a city or town, it is designated and marked as such by the Director of Public Safety.
(b) Residence district- The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business, provided, however, that when such territory is located outside the incorporated limits of a city or town, it is designated and marked as such by the Director of Public Safety.
SECTION 19.
(a) Official traffic-control devices- All signs, signals, markings, and devices not inconsistent with this act placed or erected by authority

MONDAY, NOVEMBER 23, 1953

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of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
(b) Traffic-control signal- Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.
(c) Railroad sign or signal - Any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

SECTION 20.
Traffic- Pedestrians, ridden or herded animals, vehicles, street cars, and other conveyances either singly or together while using any highway for purposes of travel.

SECTION 21.
(a) Right-of-way- The privilege of the immediate use of the roadway.
(b) Yield Right-of-Way- When required means that the vehicle confronted with a yield right-of-way sign gives way to all other vehicles approaching the intersection in the other travel lanes, but when no other vehicle is approaching may continue on into the intersection.
(c) Stop- When required means complete cessation from movement.
(d) Stop, Stopping, or Standing - When prohibited means any stopping or standing of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
(e) Park- When prohibited means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.

ARTICLE II Obedience to and Effect of Traffic Laws.

SECTION 22.
Provisions of act refer to vehicles upon the highways -exceptions - The provision of this act relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:
1. Where a different place is specifically referred to in a given section.
2. The provisions of articles IV and V shall apply upon highways and elsewhere throughout the State.

SECTION 23.
Required obedience to traffic laws- It is unlawful and, unless otherwise declared in this act with respect to particular offenses, it is

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a misdemeanor for any person to do any act forbidden or fail to perform any act required in this act.
SECTION 24.
Obedience to officers- No person shall willfully fail or refuse to comply with any lawful order or direction of any officer invested by law with authority to direct, control, or regulate traffic.
SECTION 25.
Public officers and employees to obey act- exceptions.
(a) The provisions of this act applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, any State, or any county, city, town, district, or any other political subdivision of the State, except as provided in this section and subject to such specific exceptions as are set forth in this act with reference to authorized emergency vehicles.
(b) Unless specifically made applicable, the provisions of this Act shall not apply to persons, teams, motor vehicles, and other equipment while at a place where work is in process on the highway or a bridge and while engaged in such work, but shall apply to such persons and vehicles when traveling to or from such places where work is in process.
SECTION 26.
Authorized emergency vehicles-
(a) The driver of an authorized emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
(b) The driver of an authorized emergency vehicle may:
1. Park or stand, irrespective of the provisions of this Act.
2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.
3. Exceed the speed limits specified in this Act so long as he does not endanger life or property.
(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any said vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.
(d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons nor shall such provisions protect the

MONDAY, NOVEMBER 23, 1953

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driver from the consequences of his reckless disregard for the safety of others.

SECTION 27.
Traffic laws apply to persons riding or driving animal-drawn vehicles - Every person riding an animal or driving any animaldrawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this act, except those provisions of this act which by their very nature can have no application.

SECTION 28.
Provisions of act uniform throughout State -The provisions of this act shall be applicable and uniform throughout this State and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance, rule, or regulation in conflict with the provisions of this act unless expressly authorized herein. Local authorities may, however, adopt additional traffic regulations which are not in conflict with the provisions of this Act;

SECTION 29.
Powers of local authorities--
(a) The provisions of this Act shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction, and within the reasonable exercise of the police power from:
1. Regulating the standing or parking of vehicles;
2. Regulating traffic by means of police officers or traffic-control signals;
3. Regulating or prohibiting processions or assemblages on the highways;
4. Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction;
5. Regulating the speed of vehicles in public parks;
6. Designating any highway as a through highway and reqmrmg that all vehicles stop before entering or crossing the same or designating any intersection as a stop inten;ection and requiring all vehicles to stop at one or mere entrances to such intersection;
7. Regulating the operation of bicycles and requiring the registration and licensing of same, including the requirement of a registration fee.
8. Designating any highway intersection as a ''Yield Right-ofWay" intersection, and requiring vehicles facing "Yield Right-ofWay" sign to yield right-of-way to other vehicles.
9. Regulating or prohibiting the turning of vehicles at intersection;
10. Altering the speed limits as specified herein;

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11. (a) Adopting such other traffic regulations as are specifically authorized by this act.
(b) No ordinance or regulation enacted under subdivisions (4), (5), (6), (8), or (9) of this section shall be effective until and unless signs giving notice of such local traffic regulations are posted upon or at the entrance to the highway or part thereof affected as may be most appropriate.
SECTION 30.
This act not to interfere with rights of owners of real property with reference thereto: Nothing in this act shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner, and not as matter of right, from prohibiting such use, or from requiring other or different or additional conditions than those specified in this act, or otherwise regulating such use as may seem best to such owner.
ARTICLE III
Traffic Signs, Signals, and Markings.
SECTION 31.
State Highway Board to adopt manual or uniform traffic control devices - The State Highway Board shall adopt a manual and specifications, as recommended by the Engineering Division of the State Highway Board, for a uniform system of traffic-control devices consistent with the provisions of this act for use upon all highways within this State. Such uniform system shall correlate with and so far as possible conform to the system then current as approved by the American Association of State Highway Officials.
SECTION 32.
State Highway Board to sign all State Highways- (a) The State Highway Board shall place and maintain such traffic control devices, conforming to its manual and specifications, upon all State Highways including those within all municipalities and counties, as it shall deem necessary to indicate and to carry out the provisions of this act or to regulate, warn, or guide traffic, and shall remove or direct removal of all traffic control devices which it shall deem unnecessary. All traffic control devices shall conform to those adopted under the authority of Section 31.
(b) No other authority shall place or maintain any traffic-control devices upon any State highway under the jurisdiction of the State Highway Board except by the latter's permission.
(c) The disregard or disobeyance of the instructions of any official traffic cor.:rol device or signal, placed in accordance with the provisions of this Act, by the driver of a vehicle, shall be deemed as prima facie evidence of a violation of law, without requiring proof of who and by what authority such sign or device has been erected.

MONDAY, NOVEMBER 23, 1953

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SECTION 33.
Local traffic-control devices- (a) Local authorities in their respective jurisdictions shall place and maintain such traffic-control devices upon streets and roads under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this act or local traffic ordinances or to regulate, warn, or guide traffic. All such traffic-control devices hereafter erected shall conform to the State Manual and Specifications.

SECTION 34.
Obedience to official traffic-control devices - No driver of a vehicle or motorman of a street car shall disobey the instructions of any official traffic-control device placed in accordance with the provisions of this Act, unless at the time otherwise directed by a police officer.

SECTION 35.
Traffic-control signal legend - Wherever traffic is controlled by traffic-control signals exhibiting the words "go", "Caution", or "Stop", or exhibiting different colored lights successively one at a time, or with arrows, the following colors only shall be used and said terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
(a) Green alone or "Go".
1. Vehicular traffic facing the signal, ex~2pt when prohibited under section 89, may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the rightof-way to other vehicles and to pedestrians lawfully within the intersection or on adjacent crosswalk at the time such signal is exhibited.
2. Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.
(b) Yellow alone or "Caution" when shown following the green or "Go" signal.
1. Vehicular traffic facing the signal is thereby warned that the red or 'stop' signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red or 'Stop' signal is exhibited.
2. No pedestrian facing such signal shall enter the roadway until the green or "Go" is shown alone, unless authorized so to do by a pedestrian 'Walk' signal.
(c) Red alone or 'Stop'.
1. Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection, or at such other point as may be indicated by a clearly visible line, and shall remain standing until green or 'Go' is shown alone.
2. No pedestrian facing such signal shall enter the roadway until

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the green or 'Go' is shown alone, unless authorized so to do by a pedestrian 'Walk' signal.
(d) Red with green arrow.
1. Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.
2. No pedestrian facing such signal shall enter the roadway until the green or 'Go' is shown alone, unless authorized so to do by a pedestrian 'Walk' signal.
(e) In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
SECTION 36.
Pedestrian walk and wait signals- Whenever special pedestriancontrol signals exhibiting the words "Walk" or "Wait" are in place such signals shall indicate as follows:
(a) Walk- Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the rightof-way by the drivers of all vehicles.
(b) Wait-No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the wait signal is showing.
SECTION 37.
Flashing signals- Whenever an ilLuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:
1. Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
2. Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such s~gnal only with caution.
SECTION 38.
Display of unauthorized signs, signals, or markings-
(a) No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device

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which purports- to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal. This shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.
(b) Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.

SECTION 39.
Interference with official traffic- No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof.

ARTICLE IV Accidents

SECTION 40.
Accidents involving death or personal injuries- (a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 42. Every such stop shall be made without obstructing traffic more than is necessary.
(b) Any person knowingly failing to stop or comply with said requirements under such circumstances shall upon conviction be punished as for a misdemeanor.

SECTION 41.
Accident involving damage to vehicle -The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately_ stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section 42. Every such stop shall be made without obstructing traffic more than is necessary. Any person knowingly failing to stop or comply with said requirements under such circumstances shall be guilty of a misdemeanor.

SECTION 42. Duty to give information and render aid. The driver of any vehicle

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involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address, and the registration number of the vehicle he is driving and shall upon request and if available exhibit his operator's or chauffeur's license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.
SECTION 43.
Duty upon striking unattended vehicle. The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.
SECTION 44.
Duty upon striking fixtures upon a highway- The driver of any vehicle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall upon request and if available exhibit his operator's or chauffeur's license.
SECTION 45.
Immediate reports of accidents- The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of $25 or more shall immediately by the quickest means of communication give notice of such accident to the local police department if such accident occurs within a municipality; if such accident occurs without a municipality, such notice shall be given to the office of the county sheriff or to the nearest office of the State Patrol. The above notices shall be in addition to the written report required by Section 4 of Motor Vehicle Safety Responsibility Act (Ga. Laws 1951, p. 568).
SECTION 46.
Sheriffs to report- Every Sheriff shall on or before the lOth day of each month report in writing to the Department the death of any person within his jurisdiction during the preceding calendar month as the result of a traffic accident known to him, giving the time and place of the accident and the circumstances relating thereto.

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ARTICLE V Driving While Intoxicated, and Reckless Driving

SECTION 47.
Persons under the influence of intoxicated liquor or of drugs-
(a) It is unlawful and punishable as provided in subdivision (d) of this section for any person who is under the influence of intoxicating liquor to operate or drive or be in actual physical control of any vehicle within this State.
(b) In any criminal prosecution for a violation of subdivision (a) of this section relating to operating or driving a vehicles while under the influence of intoxicating liquor, the amount of alcohol in the defendant's blood, urine, breath, or other bodily substance shall give rise to the following rebuttable presumptions; Provided, however, that the failure of such arrested person to demand such a test or to consent to such a test shall not be admitted in evidence in the trial of such person;
1. If there was at that time 0.05 per cent or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was not under the iafluence of intoxicating liquor;
2. If there was at that time in excess of 0.05 per cent but less than 0.15 per cent by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or
was not under the influence of intoxicating liquor, but such fact may be
considered with other competent evidence in determining the guilt or innocence of the defendant;
3. If there was at that time 0.15 per cent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating liquor;
4. Any person who is arrested for driving or operating a vehicle while under the influence of intoxicating liquor shall have the right to demand a blood test to determine the amount or weight of alcohol in his blood, and it is mandatory upon the officials in whose custody he shall have been placed after arrest to have such a blood test made immediately after demand by the arrested person, provided the facilities for making such a test are available in the county of his confinement.
5. The foregoing provisions of this subdivision shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor.
6. Nothing in this Act shall be construed as requiring any person to take such examination against his wishes.
(c) It is unlawful and punishable as provided in subdivision (d) of this subsection for any person who is a habitual user of, or under the influence of, any narcotic drug, or who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle, to drive a vehicle within this State. The fact that any person charged with a violation of this subsection is or has been en-

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titled to use such drug under the laws of this State shall not constitute a defense against any charge of violating this subsection; provided, however, 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 subsection, to summon as soon as possible a qualified physician or doctor to examine the party so apprehended. The expense of which examination shall be borne by the court having jurisdiction of said alleged offense.
(d) Every person who is convicted of a violation of this section shall be punished by imprisonment for not less than 5 days nor more than 6 months, or by fine of not less than $50.00 nor more than $100.00 or by both such fine and imprisonment, and the court in its discretion shall have the power to revoke for any period of time not exceeding one year the license of any person convicted under this section for the first or second offenses, and shall have the power to reinstate said license at any time, but this power to reinstate licenses shall in no way affect persons convicted for third and subsequent offenses. On a third or subsequent conviction when the two last prior convictions have occurred within the four years immediately preceding such third conviction he shall be punished by imprisonment for not less than 30 days nor more than 6 months, and, in the discretion of the court, a fine of not more than $500.00, and upon a third and subsequent conviction when the two last prior convictions have occurred within the four years immediately preceding such third conviction his driver's license shall be revoked for one year. The Department may suspend or revoke the operator's or chauffeur's license of any person convicted under this section; provided, that the suspension or revocation of any license by said Department shall in no way conflict with the decision rendered by the court having jurisdiction over such convicted person.
ARTICLE VI
Speed Restrictions
SECTION 48.
Speed Restrictions- (a) No person shall drive a vehicle on a street or highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
(b) Where no special hazards exist that require lower speed for compliance with (a) of this section the speed of any vehicle not in excess of the limits specified in this section or established as hereinafter authorized shall be lawful, but any speed in excess of the limits specified in this section or established as hereinafter authorized shall be unlawful.
1. Thirty-five miles per houl" in any business or residence district;
2. Fifty-five miles per hour in other locations;
3. Where the total gross combined weight of trucks or truck-

MONDAY, NOVEMBER 23, 1953

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tractors and trailers 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 trucks or truck-tractors and trailers 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 trucks or truck-tractors and trailers and load exceeds 16,000 pounds, the maximum speed shall not exceed 35 miles per hour. This sub-paragraph shall not apply to busses.
(c) The driver of every vehicle shall, consistent with the requirements of (a), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(d) The lawful speed limits set forth in this section may be altered as authorized in Sections 49 and 50.

SECTION 49.
Establishment of State speed zones - Whenever the Director of Public Safety and the State Highway Board, upon request from any local authority, or upon their own initiative, shall determine upon the basis of an engineering and traffic investigation that any lawful speed limit hereinbefore set forth is greater than is reasonable or safe under the conditions found to exist on any State highway or upon any part thereof, or upon any extension thereof within a municipality, said Director may determine and declare a reasonable and safe lawful speed limit thereon which shall be effective at all times or during hours of daylight or darkness or at such other times as may be determined when appropriate signs giving notice thereof are erected.

SECTION 50.
When local authorities may alter lawful limits- (a) Whenever municipal authorities within their respective jurisdictions determine upon the basis of an engineering and a traffic investigation that the lawful speed limits permitted under this act upon any street or highway, or upon any part thereof, is greater or less than is reasonable or safe under the conditions found to exist upon such street or highway, said local authorities may determine and declare a reasonable and safe lawful speed limit thereon which shall be effective at all times or during hours of daylight or darkness or at such other times as may be determined when appropriate signs giving notice thereof are erected. Local authorities shall not have the authority to alter the basic rule set forth in subdivision (a) of Section 48 or in any event to authorize by ordinance a speed greater than 55 miles per hour.
.SECTION 51.
Minimum speed regulation-:- No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

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Police officers and highway patrolmen are hereby authorized to enforce this provision by directions to drivers, and in the event of wilful disobedience to this provision and refusal to comply with direction of an officer in accordance herewith the continued slow operation by a driver shall be a misdemeanor.
SECTION 52.
Special speed limitation on motor driven cycles at night time No person shall operate any motor driven cycle at any time mentioned in Section 103 at a speed greater than 35 miles per hour unless such motor driven cycle is equipped with a head-lamp or lamps which are adequate to reveal a person or vehicle at a distance of 300 feet ahead.
SECTION 53.
Special speed limitation on elevated structures- (a) No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a street or highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted as provided in this section.
(b) The State Highway Board upon request from any local authority shall or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it shall thereupon find that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this act, it shall determine and declare the maximum speed of vehicles which such structure can withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance before each end of such structure to provide adequate warning.
(c) Upon the trial of any person charged with a violation of this section, proof of said determination of the maximum speed by said Board and the existence of said signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure.
SECTION 54.
Charging violations- (a) In every charge of violation of any speed regulation in this act the accusation, indictment, or complaint, also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, also the lawful speed applicable within the district or at the location.
ARTICLE VII
Driving on Right side of Roadway- Overtaken and Passing, etc.
SECTION 55.
Drive on right side of roadway- exceptions- (a) Upon all roadways of sufficient width a vehicle shall be driven upon the right

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half of the roadway, except as follows:
1. When overtaking and passing another vehicle proceeding in the same direction under the rules govern!ng such movement;
2. When the right half of a roadway is closed to traffic while under construction or repair;
3. Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or
4. Upon a roadway designated and signposted for one-way traffic.
(b) Upon all roadways any vehicle proceeding at less than the normalspeed of traffic at the time and place and under the conditions then existing shall be driven in the right hand lane then available for traffic, or as close as practicable to the right hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction at or when preparing for a left turn at an intersection or into a private road or driveway.

SECTION 56.
Passing vehicles proceeding in opposite directions - Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible.

SECTION 57.
Overtaking a vehicle on the left- The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated;
(a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
(b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

SECTION 58.
When overtaking on the right is permitted- (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
1. When the vehicle overtaken is making or about to make a left turn;
2. Upon a street or highway with unobstructed pavement, not occupied by parked vehicles, of sufficient width for two or more lines of moving vehicles in each direction;

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3. Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
(b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.
SECTION 58-A.
Limitations on overtaking on the left- No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction of any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within 100 feet of any vehicle approaching from the opposite direction.
SECTION 59.
Further limitations on driving to left or center of roadway(a) No vehicle shall at any time be driven to the left side of the roadway under the following conditions:
1. When approaching the crest of a grade or upon a curve where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
2. When approaching within 100 feet of or traversing any intersection or railroad grade crossing;
3. When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel.
(b) The foregoing limitations shall not apply upon a one-way roadway.
SECTION 60.
No-passing Zones- The State Highway Board is hereby authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning 2nd end of such zones, and when such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the direction thereof.
SECTION 61.
One-way roadways and rotary traffic islands- The State Highway Board may designate any highway or any separate roadway under its

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jurisdiction for one-way traffic and shall erect appropriate ,signs giving notice thereof.
(b) Upon a roadway designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated.
(c) A vehicle passing around a rotary traffic island shall be driven only to the right of such island.

SECTION 62.
Driving on roadways laned for traffic- Whenever any roadway has been divided into two or more' clearly marked lanes for traffic the following rules in addition to all other consistent herewith shall apply.
(a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(b) Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane except when overtaking.and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation.
(c) Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign.

SECTION 63.

Following too closely- (a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon the condition of the highway.

(b) The driver of any motor truck 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 600 (six hundred) 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.

(c) Motor vehicles being driven upon any roadway outside of a

business or residence district in a caravan or motorcade whether or

not towing other vehicles shall be so operated as to allow sufficient

space between other vehicles or combination of vehicles so as to enable

any other vehicle to enter and occupy such space without danger. This

provision shall not apply to funeral processions.



SECTION 64.
Driving on divided highways -Whenever any highway has been divided into two roadways by leaving an. intervening space or by a

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physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, no vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection established by public authority.
SECTION 65.
Restrictions on use of limited-access roadway- The State Highway Board may by order and local authorities may by ordinance with respect to any limited-access roadway under their respective jurisdiction prohibit the use of any such roadway by any person operating a motor driven cycle or by pedestrians, bicycles, or other non-motorized traffic.
The State Highway Board or the local authority adopting any such prohibitory regulation shall erect and maintain official signs on the limited-access roadway on which such regulations are applicable and when so erected no person shall disobey the restrictions stated on such signs.
ARTICLE VIII.
Turning and Starting and Signals on Stopping and Turning
SECTION 66.
Required position and method of turning at intersections -The driver of a vehicle intending to turn at an intersection shall do as follows:
(a) Right turns. Both the approach for a right turn and a right turn shall be made as close as practical to the right hand curb or edge of the roadway.
(b) Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
(c) Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.
(d) Local authorities in their respective jurisdiction may cause markers, buttons, or signs to be placed within or adjacent to intersec-

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tions and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when markers, buttons, or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons, or signs.

SECTION 67.
Turning on curve or crest of grade prohibited- No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of a grade.

SECTION 68.
Starting parked vehicle- No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety.
SECTION 69.
Turning movements and required signals- (a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Section 66, to turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement.
(b) A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.
(c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
SECTION 70.
Signals by hand and arm or signal device- (a) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or la:mps or mechanical signal device, but when a vehicle is so constructed or loaded that a hand-and-arm signal would not be visible both to the front and rear of such vehicle then such truck or vehicle shall be equipped with workable signal lamps or signal devices, and signals must be given by such a signal lamp or lamps or signal device, except as otherwise provided in paragraph (b).
(b) Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, a signal lamp or lamps or mechanical signal device when the distance from the center of t~e top of the steering post to the left outside limit of the body, cab, or load of such motor vehicle exceeds 24 inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles.

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SECTION 71.
Method of givmg hand-and-arm signals :___All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
1. Left tum-Hand and arm extended horizontally.
2. Right turn-Hand and arm extended upward.
3. Stop or decrease speed-Hand and arm extended downward.
ARTICLE IX
Right of Way.
SECTION 72.
Vehicles approaching or entering intersection- (a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.
(b) When two vehicles enter an intersection from different highways at approximately the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
(c) When the intersection is designated by the Board, or the local authority having jurisdiction, as a 'Yield Right-Of-Way' intersection, the driver of a vehicle approaching the 'Yield Right-Of-Way' sign shall slow to a speed of not more than ten miles per hour and yield right-ofway to all vehicles approaching from the right or left on the intersection roads or streets, which are so close as to constitute an immediate hazard. If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a 'Yield RightOf-Way' sign, such collision or interference shall be deemed prima facie evidence of the driver's failure to yield right-of-way.
(d) The right-of-way rules declared in subdivisions (a) and (b) are modified at through highways and otherwise as hereinafter stated in this article.
SECTION 73.
Vehicle turning left at intersection- The driver of a vehicle within an intersection intending to turn to the left shall yield the right-ofway to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required by this act, may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right-of-way to the vehicle making the left turn.
SECTION 74.
Vehicle entering through highway or stop intersection- (a) The driver of a vehicle shall stop as required by this act at the entrance to a through highway and shall yield the right-of-way to other vehicles

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which have entered the intersection from said through highway or which a"e approaching so closely on said through highway as to constitute lh immediate hazard, but said driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection on said through highway shall yield the right-of-way to the vehicle so proceeding into or across the through highway.
(b) The driver of a vehicle shall likewise stop in obedience to a stop sign as required herein at an intersection where a stop sign is erected at one or more entrances thereto although not a part of a through highway and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard, but may then proceed.

SECTION 75.
Vehicle entering highway from private road or driveway- The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway.

SECTION 76.

Operation of vehicles and street cars on approach of a~thorized emergency vehicles- (a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle and when the driver is giving audible signal by siren, exhaust whistle, or bell:

1. The driver of every other vehicle shall yield the right-of-way

and shall immediately drive to a position parallel to, and as close as

possible to, the right-hand edge or curb of the roadway clear of any

intersection and shall stop and remain in such position until the author-

ized emergency vehicle has passed, except when otherwise directed by a

police officer.





2. Upon the approach of an authorized emergency vehicle, as above stated, the motorman of every street car shall immediately stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

(b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

ARTICLE X Pedestrians

SECTION 77.
Pedestrians subject to traffic regulations- (a) Pedestrians shall be subject to traffic-control signals at intersections as provided in Section 35 of this Act, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this article.

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(b) Local authorities are hereby empowered by ordinance to require that pedestrians shall strictly comply with the directiois of any official traffic-control signal and may by ordinance prohibit ~edestrians from crossing any roadway in a business district or any designated highways
except in a crosswalk.

SECTION 78.
Pedestrians' right-of-way in crosswalk- (a) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions stated in Section 79b.
(b) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

SECTION 79.
Crossing at other than crosswalks- (a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway; Provided, however, that this section shall not apply to roadways in areas where there are no crosswalks 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 roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(c) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.

SECTION 80.
Drivers to exercise due care- Notwithstanding the foregoing provisions of this article every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.

SECTION 81.
Pedestrians to use right half of crosswalks - Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

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SECTION 82.
Pedestrians on roadways - (a) Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
(b) Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.
(c) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle.

ARTICLE XI Special Stops Required

SECTION 83.
Obedience to signal indicating approach of train- Whenever any person driving a vehicle approaches a railroad grade crossing, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad, and shall not proceed until he can do so safely, when:
(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a troin;
(b) A crossing gate is lowered, or when a human flagman gives or continues to give a signal of the approach or passage of a train;
(c) An approaching train is plainly visible and is in hazardous proximity to such crossing.

SECTION 84.
All vehicles must stop at certain railroad grade crossing- The State Highway Board and local authorities with the approval of the State Highway Board are hereby authorized to designate particularly dangerous highway crossings of railroads and to erect stop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall proceed only upon exercising due care.
SECTION 85.
Certain vehicles must stop at all railroad grade crossings- (a) The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so the driver of any said vehicle shall cross only in such gear of the vehicle that there will

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be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks.
' (b) No stop need be made at any such crossing where a police officer or a traffic-control signal directs traffic to proceed.
(c) This section shall not apply at street-railway grade crossings within a business or residence district.

DISTRICT 86
Moving heavy equipment at railroad grade crossing- (a) No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of 6 or less miles per hour or a vertical body or load clearance of less than 9 inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without first complying with this section.
(b) Notice of any such intended crossing shall be given to a superintendent of such railroad and a reasonable time be given to such railroad to provide protection at such crossing.
(c) Before making any such crossing the person operating or moving any such vehicle or equiplllent shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railway and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
(d) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car.

SECTION 87.
Vehicles must stop at through highways- (a) The State Highway Board with reference to State highways, and local authorities with reference to other highways under their jurisdiction, may designate through highways and erect stop signs at specified entrances thereto or may designate any intersection as a stop intersection and erect like signs at one or more entrances to such intersection.
(b) Every said sign shall at nighttime be rendered luminous by steady or flashing internal illumination, or by a fixed floodlight projected on the face of the sign, or by efficient reflecting elements on the face of the sign. Every stop sign shall be located as near as practicable at the nearest line of the crosswalk thereat, or, if none, at the nearest line of the roadway.
(c) Every driver of a vehicle and every motorman of a street car shall stop at such sign or at a clearly marked stop line before entering an intersection except when directed to proceed by a police officer or traffic control signal.

SECTION 88.
Stop before emerging from alley or private driveway- The driver of a vehicle within a business or residence district emerging from an

MONDAY, NOVEMBER 23, 1953

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alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alleyway or private driveway.

SECTION 89.
Overtaking and passing school bus - (a) The driver of a vehicle upon a highway upon meeting or overtaking from either direction any school bus which has stopped on the highway for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus and shall not proceed until such school bus resumes motion, or until signalled by the driver to proceed.
(b) Every bus used for the transportation of school children shall bear upon the front and rear thereon a plainly visible sign containing the words "school bus" in letters not less than 8 inches in height.
(c) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a limited or controlled access highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway.
(d) It shall be unlawful to operate any flashing warning signal light on any school bus except when any said school bus is stopped on a highway for the purpose of permitting school children to board or alight from said school bus.

ARTICLE XII Stopping, Standing, and Parking

SECTION 90
Stopping, standing, or parking outside of business or residence districts- (a) Upon any highway outside of a business or residence district no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practical to stop, park, or so leave such vehicle off such part of said highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle shall be available from a distance of 200 feet in each direction upon such highway.
(b) This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. Provided, however, the driver or person in charge of such vehicle shall cause such vehicle to be removed from the roadway as promptly as possible; and if such vehicle becomes disabled after sunset, in that event prior to the time it is removed from the highway, the driver or person in charge shall give a signal by lights or flares or both of the presence of such disabled vehicle on the highway.

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SECTION 91.
Officers authorized to remove illegally stopped vehicles- (a) Whenever any police officer or highway patrolman finds a vehicle standing upon a highway in violation of any of the foregoing provisions of this article such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or main-traveled part of such highway.
(b) Whenever any police officer or highway patrolman finds a vehicle unattended upon any street, highway, bridge or causeway, or in any tunnel, where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety.

SECTION 92.
Stopping, standing, or parking prohibited in specified places- (a) No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:
1. On a sidewalk;
2. In front of a public or private driveway;
3. Within an intersection;
4. Within 10 feet of a fire hydrant;
5. On a crosswalk;
6. Within 20 feet of a crosswalk at an intersection;
7. Within 30 feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway.
8. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings;
9. Within 15 feet of the nearest rail of a railroad crossing;
10. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance (when properly signposted) ;
11. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
12.. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
13. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
14. At any place where official sign prohibits stopping.
15. It shall be unlawful for any person to stop or park any

MONDAY, NOVEMBER 23, 1953

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automobile, automobile truck, tractor, trailer, or other motor vehicle, or horse-drawn vehicle on or along any State-aid road or highway, unless such vehicle be placed so that it is at least eight feet removed 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.
(b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.

SECTION 93
Additional parking regulations- (a) Except as otherwise provided in this section every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right hand wheels of such vehicle parallel to and within 18 inches of the right hand curb.
(b) Local authorities may by ordinance permit parking of vehicles with the left hand wheels adjacent to and within 18 inches of the left hand curb of a one-way roadway.
(c) Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any Federal Aid or State highway unless the State Highway Board has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
(d) The State Highway Board with respect to highways under its jurisdiction may place signs prohibiting or restricting the stopping, standing, or parking of vehicles on any highway where such stopping, standing, or parking is dangerous to those using the highway, or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such signs shall be official signs and no person shall stop, stand, or park any vehicle in violation of the restrictions stated on such signs.

ARTICLE XIII Miscellaneous Rules

SECTION 94.
Limitations on backing- The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.

SECTION 95.
Riding on motorcycles - A person operating a motorcycle shall not ride other than upon the permanent and regular seat attached thereto or carry any other person, nor shall any other person ride upon such motorcycle other than upon such permanent and regular seat if designed for two persons or upon another seat firmly attached to the rear or side of the operator.

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SECTION 96.
Obstruction to driver's view or driving mechanism- (a) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
(b) No passenger in a vehicle or street car shall ride in such position as to interfere with the driver's or motorman's view ahead or to the rear or to the sides, or to interfere with his control over the driving mechanism of the vehicle or street car.
SECTION 97.
Driving on mountain highways- The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold such motor vehicle under control and as near the right-hand edge of the highway as reasonable possible.
SECTION 98.
Coasting prohibited - The driver of a commercial motor vehicle when traveling upon a down grade shall not coast with the gears of such vehicle in neutral or with the clutch disengaged.
SECTION 99.
Following fire apparatus prohibited- The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
SECTION 100
Crossing fire hose - No street car or vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway, or street-car track, to be used at any fire or alarm of fire, without the consent of the fire department official in command.
SECTION 101.
Putting glass, etc., on highway prohibited- (a) No person shall throw or deposit upon any street or highway any glass bottle, glass, nails, tacks, wire, cans, rubbish, garbage, trash, or other dangerous or unsightly material which is likely to injure any person, animal, or vehicle upon such street or highway.
(b) Any person who drops, or permits to be dropped or thrown, upon any street or highway any destructive or injurious material shall immediately remove the same or cause it to be removed.
(c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.

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ARTICLE XIV Equipment

SECTION 102.
Scope and effect of regulations- (a) It is a misdemeanor for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any street or highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this article, or which is equipped in any manner in violation of this article, or. for any person to do any act forbidden or fail to perform any act required under this article.
(b) Nothing contained in this article shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this article.
(c) The provisions of this article with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable. Every farm tractor equipped with an electric lighting system shall at all times mentioned in Section 103 display a red tail light and either a multiple beam or single beam road lighting equipment meeting the requirements of Sections 106 and 113 respectively.

SECTION 103.
When lighted lamps are required - Every vehicle upon a highway within this State at any time from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient visibility to render clearly discernable persons and vehicles on the highway at a distance Qf 500 feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated.

SECTION 104.
Visibility distance and mounted height of lamps- (a) Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in Section 103 in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.
(b) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load.

SECTION 105.
Head lamps on motor vehicles- (a) Every motor vehicle other than a motorcycle or motor driven cycle shall be equipped with at least

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two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this article.
(b) Every motorcycle and every motor driven cycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and limitations of this article.
(c) Every head lamp, upon every motor vehicle, including every motorcycle and motor driven cycle, shall be located at a height measured from the center of the head lamp of not more than 54 inches nor less than 28 inches to be measured as set forth in Section 104 (b).
SECTION 106.
Tail lamps- (a) Every motor vehicle, trailer, semi-trailer, and pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with at least one tail lamp mounted on the rear, which when lighted as hereinbefore required, shall emit a red light plainly visible from a distance of 500 feet to the rear, provided that in the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified.
(b) Every tail lamp upon every vehicle shall be located at a height of not more than 60 inches nor less than 20 inches to be measured as set forth in Section 104(b).
(c) Either a tail lamp or a separate lamp shall be constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
SECTION 107.
New Motor Vehicles to be equipped with reflectors- (a) Every new motor vehicle hereafter sold and operated upon a highway, other than a truck tractor, shall carry on the rear, either as a part of the tail lamps or separately, two red reflectors, except that every motorcycle and every motor driven cycle shall carry at least one reflector, meeting the requirements of this section.
(b) Every such reflector shall be mounted on the vehicle at a height not less than 20 inches nor more than 60 inches measured as set forth in Section 104b and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 300 feet to 50 feet from the rear of such vehicle except that visibility from the greater distance is hereinafter required of reflectors on certain types of vehicles.
SECTION 107-A.
Any motor vehicle which is used on official business by any person authorized to make arrests for traffic violations in this State, or any municipality or county thereof, shall be distinctly marked on each side and the back with the name of the agency responsible therefor, in letters not less than six (6) inches in height.

MONDAY, NOVEMBER 23, 1953

1087

SECTION 108.
Stop lamps required on new motor vehicles- (a) From and after the date of approval of this act it shall be unlawful for any person to sell any new motor vehicle, including any motorcycle or motor-driven cycle, in this State or for any person to drive such vehicle on the highways unless it is equipped with at least one stop lamp meeting the requirements of Section 112.
(b) No person shall sell or offer for sale or operate on the highways any motor vehicle, trailer, or semitrailer registered in this state and manufactured or assembled after January 1, 1954, unless it is equipped with mechanical or electrical turn signals meeting the requirements of Section 112. This paragraph shall not apply to any motorcycle or motor-driven cycle.

SECTION 109.
Lamp or flag on projecting load- Whenever the load upon any vehicle extends to the rear 4 feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the times specified in Section 103 hereof, a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 12 inches square so hung that the entire area is visible to the driver of a vehicle approaching from the rear.

SECTION 110.
Lamps on parked vehicles- (a) Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour1before sunrise and in the event there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway no lights need be displayed upon such parked vehicle.
(b) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is not sufficient light to reveal any person or object within a distance of 500 feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lamps meeting the following requirements: At least one lamp shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and the same lamp or at least one other lamp shall display a red light visible from a distance of 500 feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. The foregoing provisions shall not apply to a motor driven cycle.
(c) Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.

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SECTION 111.
Spot lamps and auxiliary lamps- (a) Any motor vehicle may be equipped with not to exceed one spot lamp and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than 100 feet ahead of the vehicle.
(b) Fog lamps- Any motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of 4 inches below the level of the center of the lamp from which it comes.
(c) Auxiliary passing lamps- Any motor vehicle may be equipped with not to exceed one auxiliary passing lamp mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands and every such auxiliary passing lamp shall meet the requirements and limitations set forth in this article.
(d) Auxiliary driving lamps- Any motor vehicle may be equipped with not to exceed one auxiliary driving lamp mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands and every such auxiliary driving lamp shall meet the requirements and limitations set forth in this article.
SECTION 112.
Signal lamps and signal devices- (a) Any motor vehicle may be equipped and when required under this act shall be equipped with the following signal lamps or devices:
1. A stop lamp on the rear which shall emit a red or yellow light and which shall be actuated upon application of 1!he service (foot) brake and which may but need not be incorporated with a tail lamp.
2. A lamp or lamps or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible both from the front and rear.
(b) Every stop lamp shall be plainly visible and understandable f;rom a distance of 100 feet to the rear both durlng normal sunlight and at night-time and every signal lamp or lamps indicating intention to turn shall be visible and understandable during daytime and nighttime from a distance of 100 feet both to the front and rear. When a vehicle is equipped with a stop lamp or other signal lamps, such lamp or lamps shall at all times be maintained in good working condition. No stop lamp or signal lamp shall project a glaring or dazzling light.
(c) All mechanical signal devices shall be self-illuminated when in use at the times mentioned in Section 103.
SECTION 113.
Multiple-beam road-lighting equipment. Except as hereinafter

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1089

provided, the head lamps, or the auxiliary driving lamps, or the auxiliary passing lamps, or combinations thereof, on motor vehicles other than a motorcycle or a motor, driven cycle, shall be so arranged that the driver may select at will between distributions of light projected to different elevations, subject to the following requirements and limitations:
(a) There shall be an uppermost distribution of light, or.composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading. The maximum i11tensity of this uppermost distribution of light or composite beam shall not be more than 75,000 apparent candlepower.
(b) There shall be a lowermost distribution of light, or composite beam, so aimed that:
1. When the vehicle is not loaded, none of the high intensity portion of the light which is directed to the left of the prolongation of the extreme left side of the vehicle shall, at a distance of 25 feet ahead, project higher than a level of 8 inches below the level of the center of the lamp from which it comes.
2. When the vehicle is not loaded, none of the high-intensity portion of the light which is directed to the right of the prolongation of the extreme left side of the vehicle shall, at a distance of 25 feet ahead, project higher than a level of 3 inches below the level of the center of the lamp from which it comes.
3. In no event shall any of the high intensity of such lowermost distribution of light or composite beam project higher than a level of 42 inches above the level on which the vehicle ~;tands at a distance of 75 feet ahead.
(c) Where one intermediate beam is provided, the beam on the left side of the road shall be in conformity with (b) (1) of this section except when arranged in accordap.ce with the practice specified in (e).
(d) All road-lighting beams shall be so aimed and of sufficient intensity to reveal a person or vehicle at a distance of at least 100 feet ahead.
(e) Every new motor vehicle, other than a motorcycle or motor driven cycle, registered in this State after January 1, 1954, which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. Said indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.

SECTION 114.
Use of multiple-beam road-lighting equipment- (a) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Section 103, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations :
(b) Whenever the driver of a vehicle approaches an oncoming

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vehicle within 500 feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver, and in no case shall the high intensity portion which is projected to the left of the prolongation of the extreme left side of the vehicle be aimed higher than the center of the lamp from which it comes at a distance of 25 feet ahead, and in no case higher than a level of 42 inches above the level upon which the vehicle stands at a distance of 75 feet ahead.
The lowermost distribution of light specified in Section 113, paragraph (b), subparagraph 1, shall be deemed to avoid glare at all times, regardles of road contour and loading.
(c) Whenever the driver of a vehicle follows another vehicle within 200 feet to the rear, except when engaged in the act of overtaking and passing, such driver shall use a distribution of light permissible under this Act other than the uppermost distribution of light specified in paragraph (a) of Section 113.
SECTION 115.
Brakes- (a) Brake equipment required.
1. Every motor vehicle, other than a motorcycle or motor driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they sh~ll be so constructed that failure on any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
2. Every motorcycle, and motor driven cycle, when operated upon a highway shall be equipped with at least one brake, which may be operated by hand or foot.
3. Every new motor vehicle, trailer, or semi-trailer hereafter sold in this State and operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle, except any motorcycle or motor driven cycle, and except that any semi-trailer of less than 1,500 pounds gross weight need not be equipped with brakes.
4. One of the means of brake operation shall consist of a mechanical connection from the operating lever to the brake shoes or bands and this brake shall be capable of holding the vehicle, or combination of vehicles, stationary under any condition of loading on any upgrade or downgrade upon which it is operated.
5. The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.
(b) Performance ability of brakes. Every motor vehicle or combination of motor-drawn vehicles shall be capable at all times and under all conditions of loading, of being stopped on a dry, smooth, level road free from loose material, upon application of the service (foot) brake within the distances specified below or shall be capable of being decelerated at a sustained rate corresponding to these distances.

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Feet to stop from 20 miles per hour

Deceleration in feet per second

Vehicles or combinations of vehicles

having brakes on all wheels

30

14

Vehicles or combinations of vehicles

not having brakes on all wheels

40

10.7

(c) Maintenance of brakes. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

SECTION 116.
Horns and warning devices- (a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal cond~ tions from a distance of not less than 200 feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn but shall not otherwise use such horn when upon a highway.
(b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this section.
(c) It is permissible but not required that any commercial vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.
(d) Any authorized emergency vehicle may be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal conditions from a distance of not less than 500 feet and of a type approved by the department, but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events the driver of such vehicle shall sound said siren when necessary to warn pedestrians and other drivers of the approach thereof.

SECTION 117.
Mufflers, prevention of noise- (a) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle on a highway, except that this section shall not apply to tractors.
(b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

SECTION 118.
Mirrors- Every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the driver's position shall be equipped with a mirror so located as to reflect to the

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driver a view of the highway for a distance of at least 200 feet to the rear of such vehicle.
SECTION 119.
Windshields must be unobstructed and equipped with wipers. -
(a) No person shall drive any motor vehicle with any sign, poster, or other non-transparent material upon the front windshield, sidewings, or side or rear windows of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway.
(b) The windshield of every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture therefrom, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
(c) Every windshield wiper upon a motor vehicle shall be maintained in good working order.
SECTION 120.
Restrictions as to tire equipment- (a) Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least 1 inch thick above the edge of the flange of the entire periphery.
(b) No person shall operate or move on any highway any motor vehicle, trailer, or semi-trailer having any metal tire in contact with the roadway.
(c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway, and except also that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid.
(d) The State Highway Board and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks of farm tractors or other farm machinery, the operator of which upon a highway would otherwise be prohibited under this act.
SECTION 121.
Safety glazing material in motor vehicles- (a) On and after January 1, 1954, no person shall sell any new motor vehicle as specified herein, nor shall any new motor vehicle as specified herein be registered thereafter unless such vehicle is equipped with safety glazing material of a type approved by the Director wherever glazing material is used in doors, windows, and windshields. The foregoing provisions shall apply to all passenger-type motor vehicles, including passenger busses and school busses, but in respect to trucks, including truck tractors, the requirements as to safety glazing material shall apply to all glaz-

MONDAY, NOVEMBER 23, 1953

1093

ing material used in doors, windows, and windshields in the drivers' compartments of such vehicles.
(b) The term "safety glazing materials" means glazing materials so constructed, treated or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken.

SECTION 122.
Offenses by persons owning or controlling devices - It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to require or knowingly permit the operation of such vehicle upon a highway in any manner contrary to law.

ARTICLE XVI Inspection of Vehicles

SECTION 123.
Vehicles without required equipment or in unsafe condition- No person shall drive or move on any highway any motor vehicle, trailer, semi-trailer, or pole trailer, or any combination thereof unless the equipment upon any and every said vehicle is in good working order and adjustments as required in this act and said vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.

SECTION 124.
Inspections by officers of the Department- (a) The Director and members of the State Highway Patrol, may at any time require the driver of any vehicle to stop and submit such vehicle to any inspection and such test with reference thereto as may be appropriate.
(b) In the event such vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment the officer shall give a written notice to the driver and shall send a copy to the Department.

SECTION 125.
Owners and drivers to comply with inspection laws- No person driving a vehicle shall refuse to submit such vehicle to an inspection and test when required to do so by the Director or an authorized officer or employee of the Department.

SECTION 126.
Director may order registration suspended - The Director may order the proper authorities to suspend the registration of any vehicle which he determines is in such unsafe condition as to constitute a menace to safety or which after notice and demand is not equipped as required in this Act or for which a required certificate has not been obtained.

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JOURNAL OF THE HOUSE,
SECTION 127.
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 publicize 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 have purchased by the State such equipment as shall be deemed by him necessary for the purpose of carrying out the provisions of this Act from the funds appropriated to the Department.
(c) The Director in his discretion 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 vehicles 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 facsimile 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 $0.50 for each vehicle examined and such charges shall be forwarded to the office of the Director to defray the expenses of such inspection.
(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.
SECTION 128.
False certificates- (a) No person shall make, issue, or knowingly use any imitation or counterfeit of an official certificate of inspection.
(b) No person shall display or cause or permit to be displayed upon any vehicle any certificate of inspection and approval knowing the same to be fictitious or issued for another vehicle or issued without an inspection having been made.
SECTION 129.
Commencement of Inspections - The Director of Public Safety shall determine in his discretion the time when the annual inspections of motor vehicles shall commence.
ARTICLE XVII
Effect of and Short Title of Act

MONDAY, NOVEMBER 23, 1953

1095

SECTION 130.
Uniformity of Interpretation- This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those States which enact it.
SECTION 131.
Nothing contained in this Act shall be construed as changing or interfering with any regulation or ordinance which has heretofore been or may hereafter 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 numbers 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 no municipality shall charge a license fee (as distinguished from a registration fee) addition to that charged by the State, except commercial vehicles.

SECTION 132.
Short Title- This act may be cited as the Uniform Act Regulating Traffic on Highways.

SECTION 133.
Constitutionality- If any part or parts of this act shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this act. The legislature hereby declares that it would have passed the remaining parts of this act if it had known that such part or parts thereof would be declared unconstitutional.

SECTION 134.
Repeal- All laws or parts of laws in conflict with the provisions of this act are hereby repealed and all acts 01 parts of acts inconsistent with the provisions of this act are hereby repealed.
SECTION 135.
Time of taking effect- This act shall take effect from and after 60 days after approval of same by the Governor.
The following Senate amendments to the Senate substitute to HB 128 were read:
Amend Section 2, subsection (a), defining "vehicles", so as to add at the end thereof the following: "or overhead trolley wires."
Amend Section 2, subsection (b), defining "motor vehicles", so as to substitute the following in lieu thereof: "Every vehicle which is

1096

JOURNAL OF THE HOUSE,
self-propelled, except trackless trolleys which are classed as streetcars in Section 7, sub-section (c) hereof.
Amend Section 7, subsection (c), defining "streetcar", so as to insert after the word "rails" and before the word "principally" the following "or overhead trolley wires."
Amend Section 28 by striking in its entirety and inserting:
SECTION 28.
Provisions of Act Uniform Throughout State. The provisions this Act shall be applicable and uniform throughout this State and in all political subdivisions and municipalities therein. However, any municipality may, by ordinancy, adopt either literally or in substance any or all of the traffic regulations contained in this act, and provide penalties for the violation thereof under their respective charter powers in which event the violation of the regulation shall be a City offense and the penalty provisions of this act shall not apply to any such violation. Any municipality may adopt additional traffic regulations not in conflict with the provisions of this act, which they: may deem necessary, within the reasonable exercise of its police powers.
Amend Section 47, Subsection 6(d) by striking therefrom the last sentence in said section in its entirety.
Amend Section 48 (b) 2 by striking therefrom the words "fiftyfive miles per hour in other locations;" and inserting in lieu thereof the words: . . . "sixty miles per hour in other locations during day time and fifty miles per hour at night."
Provide further that the .necessary corrections on speed to show "60" and "50" miles as provided above be made in all sections of bill necessary.
Amend Section 48 (b) .3 by adding at the end thereof the following words: "Provided, however, that no school bus while engaged in transporting one or more school children shall exceed a speed of 40 miles per hour."
Amend Section 48 (b) by striking the word "not" from the last sentence in Section 48 (b) 3, which sentence reads: "This sub-paragraph shall not apply to busses."
Amend by striking words and figures 600 in Section 63 (b) and inserting in lieu thereof words and figures 400 feet.
Amend Section 89 (d) by adding the words "or approaching a stop", between the word "stopped" and the word "on" in line 2 of said subparagraph.
Amend Section 92, subparagraph 15, by deleting the word "eight" wherever it' appears in said subparagraph, and substituting therefor the word "twelve".
Amend by striking therefrom in their entirety Sections 127, 128 and 129.
Amend Section 131 by striking therefrom the following words: "nothing contained in this Act shall be construed as changing or inter-

MONDAY, NOVEMBER 23, 1953

109'1'

fering with any regulation or ordinance which has heretofore been or may hereafter be adopted by any municipality, regulating the running or operating of motor vehicles described in this Act; and"
Amend Section 134 relating to "repeal" by adding at the end thereof the following: "Provided, however, nothing contained in this Act shall be construed as repealing 1941 Georgia Laws 529 entitled 'Trackless Trolleys Subject to Same Laws as Street Railways.' "
Amend by renumbering ""Sections 130, 131, l32, 133, 134 arid 135" respectively to read "Sections 127, 128, 130, 131 anq 132 respectively."
Amend by adding a new section to be appropriately numbered to red as follows: "This bill shall be published in pamphlet form and a copy sent to each purchaser of an auto tag in 1954.

Mr. H. Smith of Fulton moved that the House disagree to the Senate s_ubstitute and amendments, and the motion prevailed.
The Senate substitute and amendments were disagreed to.
The Speaker announced the appointment of Honorable Harry E. Bailey as Sheriff for the Special Committee appointed to investigate the proposed impeachment of Solicitor General Ben T. Garland. The oath of office was administered by the Speaker.
Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:

HB 791. By Mr. Greene of Crisp:
A Bill to be entitled an Act to amend an Act so as to provide for the procedure relating to the payment of fines arising from courts of ordinary into the treasury, and for other purposes.
The report 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.
Under the regular order of business, the following bill of the House wa~ again taken up for consideration:

HB 403. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act so as to enable courts uf ordinary to dispose of cases arising under the State Highway Patr"l Act of 1937, and for other purposes.
The following amendment was read and adopted:
Mr. Tarpley of Union moves to amend House Bill No. 403 as follows:
By inserting after "laws;" in the seventeenth line of the captioned said Act the phrase, "to provide that this Act shall only apply to counties h~ving a population not less than 7,100, and not to exceed 7,320, accordmg to the 1950 census and all future censuses." .
And by adding a new section 1-A, which shall read as follows:

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JOURNAL OF THE HOUSE,

Section 1-A. The provisions of this Act shall only apply to all counties in this State having a population in excess of 7,100 and not more than 7,320 according to the 1950 census and all future
censuses."

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.
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 686. By Messrs. Conger and Cloud of Decatur: A Bill to be entitled an Act to regulate fortune telling and similar businesses, and for other purposes.
The report 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 744. By Messrs. Gowen of Glynn, Matthews of Clarke, and others: A Bill to be entitled an Act to authorize private corporations to make donations, and for other purposes.
The report 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 756. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend Section 23-1013 of the Code of Georgia so as to authorize counties to increase the compensation of county treasurers, and for other purposes.

The report 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.

HB 582. By Messrs. Geer of Miller, Groover of Bibb, and others:
A Bill to be entitled an Act to amend Section 27-2201 of the Code of Georgia so as to provide that the defendants shall always open and

1\f.ONDAY, NOVEMBER 23, 1953

1099

conclude the arguments to the jury in criminal cases, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 6. The bill, having received the requisite constitutional majority, was passed.

HB 657. By Messrs. Kemp and Foster of Clayton and others:
A Bill to be entitled an Act to amend an Act so as to provide that the clerks of the superior courts shall furnish the Department of Corrections with a copy of the indictment upon which the accused was convicted, and for other purposes.
The report 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.

HR 243-790b. By Mr. Gowen of Glynn:
A RESOLUTION
Proposing an amendment to Article XV, Section I, Paragraph I, of the Constitution relating to home rule, so as to authorize the General Assembly to provide for the self-government of municipalities; to provide for the submission of this amendment to the voters for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION 1
Article XV, Section I, Paragraph I, of the Constitution, relating to home rule, is hereby amended by striking the provisions of Paragraph I in their entirety and inserting in lieu thereof new provisions to read as follows:
"Paragraph I. The General Assembly is authorized to provide by law for the self-government of municipalities and to that end is hereby expressly given the authority to delegate its powers so that matters pertaining to municipalities upon which, prior to the ratification of this amendment, it was necessary for the General Assembly to act, may be dealt with without the necessity of action by the General Assembly. Any powers given as provided herein shall be subject to general statutes heretofore or hereafter enacted by the General Assembly applicable to all municipalities."
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

1100

JOURNAL OF THE HOUSE,

the two branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as :Jrovided for in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the General Assembly to provide for self-government of municipalities.
"Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide for self-government of municipalities."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment and all persons desiring to vote against the adoption of the proposed amendment shali vote against ratification.
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 Secretary of State to ascertain the result and certify the result to the Governor whq shall, if such amendment be ratified, make proclamation thereof.
An amendment offered by the Committee on Amendments to the Constitution No. 1 was ruled out of order.
The following amendment to HR 243-790b was read and adopted:
Mr. Gowen of Glynn moves to amend HR 243-790b by striking the last sentence of Section 1 thereof and inserting in lieu thereof the following: "Any powers granted as provided herein shall be subject to general statutes enacted by the General Assembly applicable to municipalities."

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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Adams of Evans Adams of Upson Ayers Barber of Jackson Baughman
Bell

Best Birdsong Black
Blackburn Blalock
Bloodworth Boggus

Bolton Brannen Brantley Bray Britton Brown Buie

MONDAY, NOVEMBER 23, 1953

1101

Byrd
Campbell of Oconee Campbell of Walker Cheatham Clark Clary Cloud Coffin Coker Connell Coogle Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Dews Drinkard Dunaway Duncan Durham Edwards Floyd Flynt Foster Fowler Freeman Frier Garrard Geer Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of' Bibb Groover of Troup Gunter Hall Hamilton Harper

Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges
Hollis Holloway Holton Hopkins Horne Huddleston Hurst Ingle lvey Jessup Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Key King Lanier Lavender Layton Lifsey Little Lokey Lovett McGarity McKenna Martin Matheson Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye
Murphey of Crawford Murphy of Haralson Musgrove Nelson

Nightingale Parker Peacock Perkins Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Register Russell Scoggin
Sheffield Sipple of Chatham Sivell Smiley Smith of Cobb Smith of Emanuel Stephens of Clarke Stevens of Marion Stocks Strickland Swindle Tallant Tarpley Terrell Todd Trapnell Tumlin Turner Upshaw Veal Walker Wardlow Watson Weems White Whitener Wiggins Williams of Bulloch Williams of Franklin Williams of Tift Wooten Young

Voting in the negative was Mr.:

Hoke Smith of Fulton

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

On the adoption of the resolution, as amended, the ayes were 160, nays 1.

The resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.

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JOURNAL OF THE. HOUSE,

HB 801. By Messrs. Ray of Warren, Lokey of Fulton, and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act so as to provide that the sales tax shall not apply to tangible personal property imported into this State which was acquired prior to the 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 115, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 754. By Mr. Watson of Dougherty:
A Bill to be entitled an Act to amend an Act so as to remove the provision relating to the tax upon dealers in gun shells, and for other purposes.

The report 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 250-790i. By Mr. Sivell of Harris:
A Resolution authorizing the sale of certain state-owned lands in Harris 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.
The resolution, having received the requisite constitutional majority was adopted.

HR 98-337b. By Messrs. Abney of Catoosa, Jessup of Bleckley, and others:
A Resolution compensating Trooper John E. Moreland of the Georgia. State Patrol for injuries, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Special Appropriations moves to amend House Resolution No. 93-337b, as follows:
By striking the last paragraph thereof and inserting in lieu thereof the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the Department of Public Safety is hereby authorized and directed to reimburse Trooper John E. Moreland for any of the aforesaid bills, if any, which he has personally paid, and to pay such bills as have not been paid, upon proof that such bills are proper and correct, and is further authorized and di-

MONDAY, NOVEMBER 23, 1953

1103

rected to pay any such bills for expenses incurred hereafter as the result of said injuries. All of said payments shall not exceed the sum of three thousand dollars ($3,000.00), in addition to whatever sums have heretofore been authorized for payment. Said sums shall be paid from the funds appropriated to or available to said Department.

The report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.
On the adoption of the resolution, as amended, the ayes were 118, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 35-141b. By Messrs. Campbell and Coker of Walker:
A Resolution compensating Mr. Clyde Frye for injuries to his minor child, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Special Appropriations moves to amend HR 35-141b as follows:
1. By striking from the last paragraph on the first page the phrase reading: ". . . itemized statement of said expenses being set forth as follows:"
2. By striking therefrom the itemization of expenses found on second page of said resolution.
3. By striking from last paragraph of said resolution the words and figures "two thousand three hundred sixty three and seventy five one-hundredths dollars ($2,363.75)", and substituting in lieu thereof the words and figures "nine hundred sixteen and fifty-five one hundredths dollars ($916.55) ."

The report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.
On the adoption of the resolution, as amended, the ayes were 105, nays 1.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 146-515c. By Mr. Willingham of Cobb: A Resolution compensating Mr. E. S. McKinney for damages, and for other purposes.
The following committee substitute was read and adopted: The Committee on Special Appropriations offers the following substitute
to HR 146-515c:
A RESOLUTION Authorizing compensation to Mr. E. S. McKinney for damage to his automobile; and for other purposes.

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JOURNAL OF THE HOUSE,

WHEREAS, on May 19, 1952, Mrs. E. S. McKinney was driving an automobile belonging to her husband, Mr. E. S. McKinney, on the four-lane highway on U. S. Highway 41 between Marietta and Atlanta, and had reached a spot approximately in front of Magnolia Inn, about one-half mile south of Marietta, Georgia; and

WHEREAS, an automobile had stopped in the front of Mrs. McKinney and she was slowing down and had almost come to a complete stop when a truck operated by a Georgia National Guardsman ran into the back of the automobile, damaging it severely; and

WHEREAS, the accident occurred through no fault whatsoever on the part of Mrs. McKinney and it is only just and proper that Mr. McKinney be compensated for damage to his automobile;

NOW, THEREFORE, BE IT RESOLVED by the House of Rep-

resentatives, the Senate concurring, that the Military Department is

hereby ordered and directed to pay the sum of one hundred eighty-

seven dollars and four cents ($187.04) to Mr. E. S. McKinney, as com-

pensation as set out above. Said sum shall be paid from funds ap-

propriated to or available to said Department.



The report of the committee, which was favorable to the adoption of the resolution, by substitute, was agreed to.
On the adoption of the resolution, by substitute, the ayes were 113, nays 1.
The resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 656. By Mr. Nightingale of Glynn:
A Bill to be. entitled an Act to amend Section 24-1710 of the Code of Georgia so as to clarify the provisions relating to who may serve as ordinary when the ordinary is disqualified, and for other purposes.

The report 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 654. By Messrs. Gowen and Nightingale of Glynn:
A Bill to be entitled an Act to amend Section 95-1504 of the Code of Georgia so as to provide that the State Highway Department shall have authority to construct drainage canals in cooperation with local soil conservation 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, NOVEMBER 23, 1953

1105

HR 128-414b. By Messrs. Holton and Hayes of Coffee.
A Resolution compensating Mr. Ed R. Patton for damages, 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.
The following resolutions were read and adopted:

HR 283. By Messrs. Perkins and Duncan of Carroll and others:

A RESOLUTION
WHEREAS, there are many fourth class post offices throughout the State of Georgia that are .a great asset and mean much to the community where they are located, both through service and convenience to the citizens of these communities:
WHEREAS, many of these fourth class post offices have been in. service 80 to 100 years and if they are closed it will work a great hardship on many people in the communities where these post offices are located;
WHEREAS, we believe that post offices are operated for the service and the convenience of the people and not to show a profit for the post office .department;
WHEREAS, we believe that postal service in the State of Georgia will suffer if these fourth class offices are closed;
THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that the present Republican administration in Washington be asked to not to proceed with its plans to close fourth class post offices in Georgia.
BE IT FURTHER RESOLVED that a copy of this resolution be addressed to the President of the United States, the Postmaster General, each and every Congressman from Georgia, our two United States Senators, Hon. Walter F. George, Hon. Richard B. Russell, and to the Governor of Georgia and that these officials be asked to do everything within their power to stop any large scale closing of fourth class post offices in Georgia.

HR 284. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Ray of Warren:

A RESOLUTION
WHEREAS God in his infinite wisdom has seen fit to call to his reward the Honorable W. H. Butler of Camilla, Georgia, the father of Honorable Emory L. Butler, Chairman of the State Department of Commerce, and

1106

JOURNAL OF THE HOUSE,

WHEREAS the Honorable W. H. Butler was one of our best beloved citizens, always working toward the betterment of our State,
NOW, THEREFORE, BE IT RESOLVED that the deepest sym~ pathy of this House be extended to the family of the Honorable W. H. Butler;
BE IT FURTHER RESOLVED that this resolution be inscribed on the journals of this body and a copy of the same be sent by the Clerk to the family of the deceased.

HR 285. By Messrs. Hand of Mitchell, Smith of Emanuel, and others.

A RESOLUTION
WHEREAS God in his infinite wisdom has called to her reward Miss Lynda Parker, the daughter of Mr. and Mrs. Gene Parker and the grand-niece of our distinguished Floor Leader, Honorable Frank L. Twitty;
NOW, THEREFORE, BE IT RESOLVED, that the deepest sympathy of this House be extended to the family of the deceased;
BE IT FURTHER RESOLVED that this resolution be inscribed on the journals of this body and a copy of the same be sent by the Clerk to the family of Miss Lynda Parker.

Mr. Ray of Warren 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.

TUESDAY, NOVEMBER 24, 1953

1107

Representative Hall, Atlanta, Georgia. Tuesday, November 24, 1953.

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 Reverend W. E. Roberts, Pastor, Macedonia Baptist Church, Dalton, Georgia.

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

Mr. Garrard of Wilkes, 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. Hall of Floyd moved that the following bill of the House be withdrawn from the Committee on Education No. 1, read the second time and recommitted to the Committee on Education No. 1:

HB 872. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and Smith of Emanuel.
A Bill to be entitled an Act to authorize county boards of education to reorganize the schools within their jurisdiction, and for othe:r purposes.

The motion prevailed, and HB 872 was withdrawn from the Committee on Education No. 1, read the second time and recommitted to the Committee on Education No. 1.

By unanimous consent, the following bill of the House was withdrawn from the Committee on Motor Vehicles, read the second time and recommitted to th& Committee on Motor Vehicles:

HB 669. By Messrs. Floyd and Weems of Chattooga and others:
A Bill to be entitled an Act to provide for the selling of vehicle license plates by county tax officials, and for other purposes.

By unanimous consent, the following bill of the House was withdrawn from the Committee on Special Judiciary, read the second time and recommitted to the Committee on Special Judiciary:

HB 811. By Messrs. Greer of Lanier, Musgrove of Clinch, and others:
A Bill to be entitled an Act to amend an Act so as to provide a salary for the official reporter of the Alapaha Judicial Circuit, and for other purposes.

1108

JOURNAL OF THE HOUSE,

By unanimous consent, the following bill of the House was withdrawn from the Committee on General Agriculture No. 1, read the second time and recom~ mitted to the Committee on General Agriculture No. 1:
HB 844. By Messrs. Lanier of Candler, Frier of Ware, and others:
A Bill to be entitled an Act to amend an Act prohibiting livestock from straying at large on the public highways, and for other purposes.

By unanimous consent, the following bill of the House was recommitted to the Committee on Ways and Means:

HB 670. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to amend an Act so as to provide that counties may levy a tax on pool and similar gaming tables, and for other purposes.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 of the House were read the first time and referred to the committees:

iiB 882. By Mr. Moore of White:
A Bill to be entitled an Act to provide for an election in certain counties of this State relative to the sale of malt beverages therein; and for other purposes.
Referred to the Committee on Temperance.

HB 883. By Mr. Green of Baldwin:
A Bill to be entitled an Act to amend an Act relating to the admissibility of evidence, by adding a new Section to be known as 38-215 which shall provide that no evidence procured as the result of an unlawful search, seizure or arrest shall be admissible in evidence for any purpose; and for other purposes.
Referred to the Committee on General Judiciary # 1.

TUESDAY, NOVEMBER 24, 1953

1109

HB 884. By Mr. Dunaway of Polk:
A Bill to be entitled an Act to amend an Act which relates to the possession of apparatus for distilling or making of liquors, etc., and for other purposes.
Referred to the Committee on Temperance.

HB 885. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act relating to the definition of optometry, relating to the unlawful practice of optometry, etc., and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 886. By Mr. Dunaway of Polk:
A Bill to be entitled an Act to provide for a penal statute making it a misdemeanor for anyone to contribute to the delinquency of a minor; and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 887. By Messrs. Adams and Brantley of Upson and Perkins of Carroll:
A Bill to be entitled an Act to exempt all honorably discharged veterans from all State business licenses for a period. of five years from this Act, and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 888. By Messrs. Connell and Register of Lowndes and Tumlin of Bartow:
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 889. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to be known as a "Fair Hearing Act", an Agency including every board, commission, council, committee, authority, corporation, department, institution, person, or officer of the State of Georgia or of any county, city, town or other municipality or authority, whose powers and authority are constituted and defined by or under the laws of this State, or by or under the ordinances, rules or by-laws of any county, city, town, or other municipality or authority, and which is authorized or required by law to make decisions in contested cases, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 890. By Messrs. Hand and Mitchell, Ray of Warren and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide that Federal income taxes may be deducted either in the year in which

1110

JOURNAL OF THE HOUSE,

paid or in the year in which accrued, at the election of the taxpayer, and for other purposes.
Referred to the Committee on Ways and Means.

HB 891. By Messrs. Williams of Franklin, Matheson of Hart and Ayers of Madison:
A Bill to be entitled an Act to provide for furnishing of seating for operators on elevators.
Referred to the Committee on Industrial Relations.

HB 892. By Messrs. Green and Parker of Baldwin and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act relating to the method by which restoration of sanity may be established, so as to provide that a petition may be brought while the person is still in the Milledgeville State Hospital; and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 893. By Messrs. 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, which provides procedure for credit where similar tax has been paid in another State, etc., and for other purposes.
Referred to the Committee on Ways and Means.

HB 894. By Mr. Green of Baldwin:
A Bill to be entitled an Act to amend an Act relating to confessions in evidence by providing that no confession or incriminating admission obtained from an accused during custody but prior to commitment shall be admissible in evidence without regard to its voluntary or involuntary character and without regard to whether the arrest or restraint was with or without warrant; and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 895. By Messrs. Ray of Warren, Garrard of Wilkes and Adams of Evans:
A Bill to be entitled an Act to amend an Act relating to application for registration o{ motor vehicles, trailers, tractors or motorcycles, so as to provide that applications for registration of vehicles shall be accompanied by bills of sale or affidavits from vendors or other proof as required by the State Revenue Commissioner showing payment of Georgia sales or use tax upon purchase of the vehicle; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 896. By Mr. Hall of Floyd: A Bill to be entitled an Act to amend an Act establishing a retirement

TUESDAY, NOVEMBER 24, 1953

1111

system for certain teachers in the public and State-supported schools, and for other purposes.
Referred to the Committee on Pensions.

HB 897. By Messrs. Tumlin of Bartow, Kemp of Clayton, Drinkard of Lincoln, Harrison of Wayne, and McGarity of Henry, a'lld many others:
A Bill to be entitled an Act to require that all wardens and certai111 other custodial officers of State penal institutions and public works camps execute a bond conditioned in such manner and made in such form as the State Board of Corrections may require; and for otheJ.'( purposes.
Referred to the Committee on Penitentiary.
HB 898. By Mr. Watson of Dougherty:
A Bill to be entitled an Act to amend an Act providing for the licensing of practical nurses, so as to provide for the payment of actual expenses of the members of the Advisory Board, etc., and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 899. By Messrs. Walker of Rockdale, Ivey of Newton, Hicks of Floyd, Upshaw of Bartow, Trapnell of Bulloch,, and many others:
A Bill to be entitled an Act to amend an Act relating to personal exemptions allowed certain persons having minor children, etc., and for other purposes.
Referred to the Committee on Ways and Means.
HB 900. By Mr. Holloway of Gilmer:
A Bill to be entitled an Act to change the time for holding the Superior Court of Gilmer County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 901. By Messrs. Harper and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to the charter of the City of Griffin, known as the Griffin Retirement Pensions Act, and for other purposes.
Referred to the Committee on Municipal Government.

HB 902. By Messrs. Barber and Short of Colquitt:
A Bill to be entitled an Act to authorize banks chartered under the laws of Georgia and having the principal office in a municipality now or hereafter having a population of not less than 11,500 and not more than 11,800, to establish branch banks in the municipality in which the principal office is located, and for other purposes.
Referred to the Committee on Municipal Government.

1112

JOURNAL OF THE HOUSE,

HB 903..By Mr. Rowland of Johnson:
A Bill to be entitled an Act to provide that the tax receiver in all counties having a population of not less than 9,890 and not more than 9,900, 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 904. 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 15,500 and not more than 15,900, to provide for the salary of the Tax Commissioner, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 905. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Quitman County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 906. By Messrs. Gowen and Nightingale of Glynn, Hamilton of Appling, Harrison of Wayne and Buie of Camden:
A Bill to be entitled an Act to abolish the fee system existing in the Superior Courts of the Brunswick Judicial Circuit as applied to the office of Official Court Reporter in felony cases; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 907. By Mr. Buie of Camden:
A Bill to be entitled an Act to amend an Act creating the Brunswick Judicial Circuit and setting the dates for the terms of the Courts thereof, and for other purposes.
Referred to the Committee on Speci~l Judiciary.

HB 908. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to re-incorporate the City of Clarkesville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 909. By Messrs. Register and Connell of Lowndes:
A Bill to be entitled an Act to authorize banks chartered under the laws of Georgia and having the principal office in a municipality now or hereafter having a population of not less than 19,600 and not more than 20,500, to establish branch banks in the municipality in which the principal office is located; and for other purposes.
Referred to the Committee on MunicipalGovernment.

TUESDAY, NOVEMBER 24, 1953

1113

HB 910. By Messrs. Kemp and Foster of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the City of Jonesboro; to extend the corporate limits; and for other purposes.
Referred to the Committee on Municipal Government.

HB 911. By Messrs. Williams and Trapnell of Bulloch:
A Bill to be entitled. an Act to provide for the composition of the boar~s of education in certain counties; and for other purposes.
. Referred to the Committee on Counties and County Matters.

HB 912. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, relating to primary elections, and for other purposes.
Referred to the Committee on Municipal Government.

HB 913. By Mr. Johnson of Twiggs:
A Bill to be entitled an Act to amend an Act creating the Dublin Judicial Circuit, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 914. By Mr: Swindle of Berrien:
A Bill to be entitled an Act to increase the salary of the Tax Commissioner of Berrien County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 915. By Messrs. Smith, Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act to incorporate the City of Hapeville, so as to provide a Pension and Retirement System for the classified employees under the Hapeville Civil Service Act; and for other purposes.
Referred to the Committee on Municipal Government.
HB 916. By Mr. Johnson of Twiggs:
A Bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and . Revenues for Twiggs County, and for other purposes.
Referred to the Committee on Counties and County. Matters.

HR 286-916a. By Mr. Drinkard of Lincoln:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education ()f Lincoln County by the people, and for other purposes.
Referred to the Committee: on Amendments to Constitution # 1.

1114

JOURNAL OF THE HOUSE,

HR 287-916b. By Mr. Tallant of Cherokee:
A Resolution proposing an amendment to the Constitution so as to provide for the merger of the Canton Independent School System and the Cherokee County School System into one consolidated school system, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.

HR 288-916c. By Messrs. Kemp and Foster of Clayton:
A Resolution proposing an amendment to the Constitution relating to the debt limitation of counties, so as to authorize Clayton County to incur an additional indebtedness, etc., and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HR 289-916d. By Messrs. Williams and Trapnell of Bulloch:
A Resolution proposing an amendment to the Constitution so as to pr()vide for the composition of the Board of Education of Bulloch County and to provide that the Board elect the County School Superintendent; and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.
HR 290-916e. By Messrs. Adams and Brantley of Upson:
A Resolution to provide the Ordinary of Upson County certain enumerated volumes of the Georgia Supreme Court Reports, etc., and for other purposes.
Referred to the Committee on Public Library.

HR 291-916f. By Mr. Mishoe of Tattnall:
A Resolution to compensate Wilton Banks of Glenville, Georgia for damages to his automobile arising out of Its larceny by two escaped prisoners, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 292-916g. By Messrs. Green and Parker of Baldwin, Smith of Emanuel,

Twitty of Mitchell, Hall of Floyd and Greer of Lanier:



A Resolution proposing the conveyance by the Governor of approximately 18.6 acres of land now constituting part of the Georgia State Training School for Boys to the Baldwin County Hospital Authority for a consideration of $100.00 per acre, and for other purposes.

Referred to the Committee on Public Property.

HR 293-916h. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel and Key of Jasper.
A Resolution authorizing the Governor to negotiate with the proper parties for the swapping of land owned by the State in Land Lot 13 in the 2nd District of Harris County for all of the land contained in

TUESDAY, NOVEMBER 24, 1953

111S

Land Lot 18 in the same district and county for State Park purposes, and for other purposes.
Referred to the Committee on Public Property.

HR 294-916i. By Mr. Huddleston of Fayette:
A Resolution authorizing compensation to Louis Palmer for damages to his automobile; and for other purposes.
Referr!'ld to the Committee on Special Appropriations.
HB 917.' 'By' Messrs. Bodenhamer of Tift, Hall of Floyd, Lovett of Laurens
and Harrison of Jenkins:
A Bill to be entitled an Act to provide for an adequate program of free pupil transportation throughout the State in keeping within a minimum foundation program of education in Georgia; to authorize the State Board of Education to determine and allocate school transportation funds to the county school systems; and for other purposes.
Referred to the Committee on Education #1.

HB 918. By Mr. Tallant of Cherokee:
A Bill to be entitled an Act to amend an Act to supplement the salary of the Judge of the Superior Courts of the Blue Ridge Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 919. By Messrs. Hall of Floyd, Lovett of Laurens, Harrison of Jenkins and Bodenhamer of Tift:
A Bill to be entitled an Act establishing a Minimum Foundation Program of Education in Georgia; so as to provide a new basis for the calculation of funds needed by the county school systems to defray the expenses of pupil transportation, and for other purposes.
Referred to the Committee on Education #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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 260-843 f. Do Pass.
HR 252-791a. Do Pass.
HR 244-790c. Do Pass.
HR 242-790a. Do Pasf'.
HR 261-843g. Do Pass.

1116

JOURNAL OF THE HOUSE,

HR 258-843d. Do Pass. HR 259-843e. Do Pass. HR 274-867b. Do Pass. HR 216-743b. Do Pass. HR 23'i-743n. Do Pass.

Respectfully submitted, Freeman of Monroe, Chairman.

Mr. Lavender of Elbert 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 wi~h the following recommendations:
HB 761. Do Pass. HB 863. Do Pass. HB 865. Do Pass. HB 786. Do Pass. HB 806. Do Pass. HB 807. Do Pass. HB 812. Do Pass. HB 813. Do Pass. HB 815. Do Pass. HB 816. Do Pass. HB 817. Do Pass. HB 823. Do Pass. HB 828. Do Pass. HB 829. Do Pass. HB 831. Do Pass. HB 834. Do Pass. HB 835. Do Pass. HB 836. Do Pass. HB 864. Do Pass.
Respectfully submitted, Lavender of Elbert, Chairman.

TUESDAY, NOVEMBER 24, 1953

1117.

Mr. Lavender of Elbert 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 follow~ ing recommendations:
HB 866. Do Pass.
HB 878. Do Pass.
HB 879. Do Pass. HB 880. Do Pass.
HB 881. Do Pass.
SB 176. Do Pass. SB 154. Do Pass.
Respectfully submitted,
Lavender of Elbert,
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 640. Do Pass.
HB 651. Do Pass, as amended. Respectfully submitted,
Campbell of Oconee,
Chairman.

Mr. Williams of Bulloch 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:

HB 802. Do Pass.

Respectfully submitted,

Williams of Bulloch,

Chairman.

1118

JOURNAL OF THE HOUSE,

Mr. Hoke Smith of Fulton County, Chairman of the Committee on Munici. pal 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 867. Do Pass. HB 842. Do Pass. HB 776. Do Pass. HB 837. Do Pass. HB 838. Do Pass. HB 841. Do Pass. HB 857. Do Pass. HB 860. Do Pass. HB 843. Do Pass. HB 873. Do Pass. HB 840. Do Pass. HB 859. Do Pass. HB 861. Do Pass. HB 871. Do Pass. HB 858. Do Pass. HB 814. Do Pass.
Respectfully submitted,
Hoke Smith of Fulton,
Chairman.

Mr. Adams of Evans County, Chairman of the Committee on Pensions, submitted the following report:
Mr. Speaker:
Your Committee on Pensions 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 800. Do Pass.
HB 664. Do Pass.
HB 652. Do Pass.

TUESDAY, NOVEMBER 24, 1953

1119

HB 846. Do Pass, by substitute. Respectfully submitted, Adams of Evans, Chairman.

M:r. Coogle of Macon County, Chairman of the Committee on Public Libraries, submitted the following report:
Mr. Speaker:
Your Committee on Public Libraries bas had under consideration the following Resolution of the House and bas instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 245-790d. Do Pass.
Respectfully submitted,
Coogle of Macon,
Chairman.

Mr. Greer of Lanier County, Chairman of the Committee on Public Welfare, submitted the following report:
Mr. Speaker:
Your Committee on Public Welfare bas bad 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 803. Do Pass.
Respectfully submitted,
Greer of Lanier,
Chairman.

Mr. Brooks of Oglethorpe County, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker:
Your Committee on Special Judiciary has bad 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 721. Do P:ass.
Respectfully submitted,
Brooks of Oglethorpe,
Chairman.

Mr. Phillips of Columbia County, Vice-Chairman of the Committee on State of Republic, submitted the following report:

1120

JOURNAL OF THE HOUSE,

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 recommendattons:

HB 661.

Do Pass.

HB 676.

Do Pass.

HB 749.

Do Pass.

HB 849.

Do Pass.

HR 229-743. Do Pass.

HR 230-743p. Do Pass.

SB 156.

Do Pass.

SB 165.

Do Pass, as amended.

SB 171.

Do Pass.

Respectfully submitted,

Phillips of Columbia,

Vice-Chairman.

Mr. Bell of Richmond County, Chairman of the Committee on Training Schools, submitted the following report:
Mr. Speaker:
Your Committee on Training Schools 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 853. Do Pass.
Respectfully submitted,
Bell of Richmond,
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 755. Do Pass.
HB 850. Do Pass as amended.
HB 666. Do Not Pass.

TUESDAY, NOVEMBER 24, 1953

1121

HB 354. Do Pass by substitute as amended. Respectfully submitted, Ray of Warren, Chairma:n..

The following Resolution of the House was read and referred to the Committee on General Judiciary No. 1 :

HR 295-919a. By Mr. Gowen of Glynn:
A Resolution to ratify and confirm rules and practice and procedure for appeal to or from any courts of this State as adopted by the Supreme Court of Georgia on November 23, 1953, 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 640. By Messrs. Potts of Coweta and Campbell of Oconee:
A Bill to be entitled an Act to amend the Marks and Brands Laws of Georgia, and for other purposes.

HB 652. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act so as to bring within the teachers' retirement system certain full-time ~mployees of the Georgia School Boards Association, and for other. purposes.

HB 664. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act so as to provide for c~r tain qualifications for receiving credit for prior service under the teachers' retirement system, and for other purposes.

HB 721. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the reporter of the Oconee Judicial Circuit, and for other purposes.

HB 755. By Messrs. McGarity of Henry, Twitty of Mitchell, and others:
A Bill to be entitled an Act to amend Section 92-3109 of the Code of Georgia so as to provide for certain additional deductions for tax purposes, and for other purposes.

HB 761. By Mr. Walker of Rockdale:
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 Rockdale County, and for other purposes.

1122

JOURNAL OF THE HOUSE,

HB 786. By Messrs. Watson and Gardner of Dougherty:
A Bill to be entitled an Act to amend an Act so as to provide for pretrial conferences in the. city court of Albany, and for other purposes.

HB 802. By Messrs. Sipple of Chatham and Williams of Bulloch:
A Bill to be entitled an Act to provide for the regulation and control of contagious tuberculosis, and for other purposes.

HB 803. By Messrs. Nightingale of Glynn, Bentley of Cobb, and others:
A Bill to be entitled an Act to make it unlawful to abandon refrigerators, and for other purposes.

HB 806. By Messrs. Harris, McKenna, and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to provide for the disposition of salary checks in certain counties, and for other purposes.

HB 807. By Messrs. Harris, McKenna, and Groover of Bibb:
A Bill to be entitled an Act to provide a retirement system for certain employees of Bibb County, and for "other purposes.

HB 812. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to consolidate the two school systems in Elbert County, and for other purposes.

HB 813. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to provide a contingent expense account to the sheriff of Elbert County, and for other purposes.

HB 814. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act so as to remove the prohibition against the County of Walton from establishing any other school within Social Circle, and for other purposes.

HB 815. By Mr. Layton 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.

HB 816. By Messrs. Hayes and Holton of Coffee:
A Bill to be entitled an Act to amend an Act so as to provide for the compensation of the ordinary of Coffee County for clerical aid, and for other purposes.

HB 817. By Mr. Green of Baldwin: A Bill to be entitled an Act to amend an Act so as to provide certain

TUESDAY, NOVEMBER 24, 1953

1123

fees to certain officers in connection with the performance of their duties in criminal cases, and for other purposes.

HB 823. By Mr. Green of Baldwin:
A Bill to be entitled an Act to amend an Act so as to provide the terms of office of the Board of County Commissioners for Baldwin County, and for other purposes.

HB 828. By Mr. Lewis of Greene:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Greene County into the office of tax commissioner of Greene County, and for other purposes.

HB 829. By Messrs. Turner, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to provide for the abolition of the retirement system for employees of DeKalb County, and for other purposes.

HB 831. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Elberton, and for other purposes.

HB 834. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the tax commissioner of Dade County, and for other purposes.

HB 835. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act so as to increase the compensation of the commissioner of Elbert County, and for other purposes.

HB 836. By Messrs. Hicks, Scoggin and Hall of Floyd:
A Bill to be entitled an Act to supplement the salary of the judge of the superior court of the Rome Judicial Circuit, and for other purposes.

HB 837. By Mr. Moore of Pickens:
A Bill to be entitled an Act to create a new charter for the Town of Jasper, and for other purposes.

HB 838. By Messrs. Hicks, Hall and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide for the payment of certain monies to the superintendent of the public schools of the City of Rome, and for other purposes.
HB 840. By Messrs. Hall, Hicks and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to change the age of retirement for employees under the retirement system of the City of Rome, and for other purposes.

1124

JOURNAL OF THE HOUSE,

HB 841. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide that the city commission of the City of Rome shall have the power to enter into contracts, and for other purposes.

HB 842. By Messrs. Hicks, Scoggin and Hall of Floyd:
A Bill to be entitled an Act to amend an Act so as to change the percentage contribution to the retirement system of the City of Rome by employees, and for other purposes.

HB 843. By Mr. Ingle of Murray:
A Bill to be entitled an Act to create a new charter for the City of Chatsworth, and for other purposes.

HB 846. By Messrs. Connell and Register of Lowndes:
A Bill to be entitled an Act to amend an Act so as to provide additional provision for restoration of beneficiaries to membership in the teachers' retirement system, and for other purposes.

HB 853. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel:
A Bill to be entitled an Act to prescribe the procedure for the commitment of youthful persons to the State Training School for Boys at Milledgeville, and for other purposes.

HB 857. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide for a recorder's court in the City of Smyrna, and for other purposes.

HB 858. By Mr. H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide for the retirement of assistants in the office of the solicitor general of the criminal court of Fulton County, and for other purposes.

HB 859. By Mr. Ursrey of Jeff Davis:
A Bill to be entitled an Act to create a new charter for the City of Hazelhurst, and for other purposes.

HB 860. By Messrs. Hicks and Hall of Floyd:
A Bill to be entitled an Act to provide for the compensation of the judge of the city court of Floyd County, and for other purposes.

HB 861. By Messrs. Hicks, Hall and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide for the making of certain loans by the mayor and council of the City of Cave Springs, and for other purposes.

TUESDAY, NOVEMBER 24, 1953

1126

HB 863. By Messrs. Turner, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to create a retirement system for employees of DeKalb County, and for other purposes.

HB 864. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide that the chief deputy clerk of the superior court shall be administrative officer of the superior court of Fulton County, and for other purposes.

HB 865. By Mr. Sivell of Harris:
A Bill to be entitled an Act to provide a bond for each of the county commissioners of Harris County, and for other purposes.

HB 866. By Messrs. Chastain and Willis of Thomas:
A Bill to be entitled an Act to provide for the establishment of a law library in certain counties, and for other purposes.

HB 867. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide the hours for holding elections in the City of Powder Springs, and for other purposes.

HB 871. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend Sections 87-2 and 87-6 of the Code of Georgia so as to change the requirements for incurring indebtedness by counties and municipalities, and for other purposes.

HB 873. By Messrs. Potts and Blalock of Coweta:
A Bill to be entitled an Act to authorize the City of Newnan to convey certain property to the State of Georgia, and for other purposes.

HB 878. By Mr. Veal of Putnam:
A Bill to be entitled an Act to provide for the terms of the superior court of Putnam County, and for other purposes.

HB 879. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act so as to provide for the construction of public buildings in Forsyth County, and for other purposes.

HB 880. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to authorize the establishment of restricted zones in Forsyth County, and for other purposes.

HB 881. By Mr. Coogle of Macon: A Bill to be entitled an Act to amend an Act so as to change the rules

1126

JOURNAL OF THE HOUSE,

of procedure in the city court of Oglethorpe in Macon County, and for other purposes.

HR 216-743b. By Messrs. Kemp and Foster of Clayton:
A Resolution proposing a constitutional amendment providing for the election of the members of the board of education of Clayton County by the people, and for other purposes.

HR 237-743w. By Messrs. Mincy and Frier of Ware:
A Resolution proposing a constitutional amendment creating the Waycross and Ware County Development Authority, and for other purposes.

HR 242-790a. By Messrs. Hollis, Young and Pickard of Muscogee:
A Resolution proposing a constitutional amendment authorizing Muscogee County to pave streets and sidewalks, and for other purposes.
HR 244-790c. By Mr. Holloway of Gilmer:
A Resolution proposing a constitutional amendment providing for the election of the members of the board of education of Gilmer County by the people, and for other purposes.

HR 245-790d. By Messrs. Gowen and Nightingale of Glynn:
A Resolution requesting certain law books for the court of ordinary of Glynn County, and for other purposes.

HR 252-791a. By Mr. Green of Rabun:
A Resolution proposing a constitutional amendment providing for the levying of a tax for the purpose of creating a fund to be used in promoting the location of new industries in Rabun County, and for other purposes.

HR 258-843d. By Messrs. Harris, McKenna and Groover of Bibb:
A Resolution proposing a constitutional amendment enlarging the membership of the Macon-Bibb County Board of Health, and for other purposes.

HR 259-843e. By Mr. Lavender of Elbert:
A Resolution proposing a constitutional amendment providing for the consolidation of the existing independent school system in Elbert County, and for other purposes.

HR 260-843f. By Mr. Strickland of Brantley:
A Resolution proposing a constitutional amendment authorizing the City of Nahunta to levy a tax for the purpose of creating a fund to be used in promoting the location of new industries in the City of Nahunta, and for other purposes.

TUESDAY, NOVEMBER 24, 19&3

1127

HR 261-843g. By Mr. Strickland of Brantley:
A Resolution proposing a constitutional amendment providing for the levying of a tax for the purpose of creating a fund to be used in promoting the location of new industries in Brantley County, and for other. purposes.

HR 274-867b. By Mr. Murphy of Haralson:
A Resolution proposing a constitutional amendment providing for the election of the members of the board of education of Haralson County" by the people, and for other purposes.

SB 154. By Senator Cates of the 17th:
A Bill to be entitled an Act to create a retirement benefit fund for employees of Burke County, and for other purposes.

SB 156. By Senators Edenfield of the 4th and others:
A Bill to be entitled an Act to amend an Act so as to require departments of state to investigate all applicants for employment, and for other purposes.

SB 165. By Senators ,.Edenfield of the 4th and Carlisle of the 51st:
A Bill to be entitled an Act to designate certain state-owned property as. "The Capitol Square", and for other purposes.

SB 171. By Senators Singleton of the 24th and others:
A Bill to be entitled an Act to protect trade-mark owners, and for other purposes.

SB 176. 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 supplement the funds of the county board of education and for other purposes.

By unanimous consent, the following bills of the Senate were taken up for consideration and read the third time:

SB 159. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to require the tax commissioner of Fulton County to collect taxes due the City of Atlanta, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1128

JOURNAL OF THE HOUSE,

SB 160. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to require the joint city-county board. of tax assessors in certain counties to receive all business tax returns, and for other purJ}oses.

The report 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 161. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to exclude firemen and policemen of certain cities from the provisions 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The Speaker appointed the following members of tlie House as a Special Committee to examine certain resolutions proposing constitutional amendments to determine if they are local in nature: Messrs. Freeman of Monroe, Gowen of Glynn and Harris of Bibb.
The following resolutions of the House were read and adopted:

iiR 296. By Mr. Sipple of Chatham:

A RESOLUTION
Ernest John Haar became a member of this House January 1, 1953, having been elected to this body by the people of Chatham County. Mr. Haar early in his legislative days formed numerous warm friendships among the members of this House and he soon demonstrated his ability to represent the people of his county and the State at large with dignity and sincerity of purpose. He served admirably during the JanuaryFebruary-1953 Session and gave promise of rendering other and more valuable service to this body at the adjourned session; however. his untimely death in a boating accident July 3, 1953, brought to an abrupt end the efforts of one who during his short tenure of office had evidenced a conspicuous ability and desire to place his integrity and high principles above all else.
RESOLVED that the members of the House of Representatives of the State of Georgia in meeting assembled do express their deep sorrow over the passing of our late member and that we further extend our most sincere sympathy to the widow of Mr. Haar and his two daughters.
RESOLVED FURTHER that the Clerk of the House of Repre-
sentative be requested to forward a copy of this Resolution to Mrs.
Haar.

TUESDAY, NOVEMBER 24, 1953

1129

.HR 297. By Mr. Hand of Mitchell:

A RESOLUTION
Creating the Georgia Waterways Commission
WHEREAS, the State of Georgia has four principal river basins; and
WHEREAS, the United States has from time to time provided funds to control the flood waters of Georgia rivers; and
WHEREAS, it is important and to the best interests of the State that Georgia waterways be developed for the purposes of flood control and related purposes; and
WHEREAS, it is important and to the interests of the State that some agency be created for the purpose of cooperating with the various agencies of the United States concerned with the development of waterways and flood control; and
WHEREAS, patriotic citizens of Georgia are willing to perform such services without compensation,
NOW, THEREFORE, BE IT RESOLVED by the General Assembly of Georgia:
Section 1. There is hereby created the Georgia Waterways Commission, which shall consist of a chairman, who shall be appointed by the Governor from the State at Large as such chairman, and four members, who shall be appointed by the Governor, one from the territory in each of the four principal river basins in Georgia, to-wit, the Savannah River Basin, the Chattahoochee River Basin, the Altamaha River Basin, and the Etowah River Basin.
Section 2. The Chairman and each member of the Commission shall serve for four years and until their successors are appointed and qualify. Any vacancy shall be filled by appointment for the unexpired term. The first appointees shall each serve for four years.
Section 3. The members of the Commission shall not be compensated for their services and shall not be reimbursed on account of any expenses incurred in the performance of their duties under this resolution. No other expenses of the Commission shall be charged against the State, and there shall be no appropriation for the payment of any expenses incurred by the Commission.
Section 4. The Commission shall meet on the call of the Chairman at such time and place as he may fix or as may be provided by resolution of the Commission. It shall perfect such organization as it may deem necessary, and adopt such by-laws and other rules and regulations for its government as may be deemed expedient.
Section 5. The Commission shall negotiate with the proper authorities of the United States from time to time concerning the development of the rivers of Georgia, and particularly with reference to flood control. It shall have no power to make any contract binding upon the State of Georgia or to incur any obligation against the State. The Commission shall, however, be privileged to appear before committees of Congress concerning appropriations. for river development, to gather

1130

JOURNAL OF THE HOUSE,

and disseminate information, and to cooperate with the Federal and State authorities towards the development of Georgia's rivers.
Section 6. Such information pertinent to the development of Georgia's rivers as may be obtained by the Commission may be filed from time to time with the Department of Commerce and, subject to the approval of the Governor and the Secretary of State, with the Department of Archives and History.
Section 7. All laws and parts of laws in conflict with this resolution are hereby repealed.

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

HB 660. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to provide for the dissolution of railroad 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 ayes were 109, 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 132. By Messrs. Greer of Lanier, Perkins of Carroll, and others:
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.

Mr. Lavender of Elbert moved the previous question and the motion pre~ vailed.
The following amendments were read and adopted:
Mr. Greer of Lanier moves to amend HB 132 by striking the words "regardless of age" in lines 2 and 8 of the second paragraph of Section 1 and inserting in lieu thereof in both places the words, "and who has attained the age of 60 years"; By striking the words "regardless of age" in the second line of the second paragraph of Section 3 of said Act and inserting in lieu thereof the words, "who shall have attained the age of 60 years and"; By striking the words, "regardless of age" in line 8 of the second paragraph of Section 3, and in subsections a (1) and (2) under Section 4 of said act, and inserting in lieu thereof in all three! places the words, "who shall have attained the age of 60 years".
Mr. Lanier of Candler moves to amend HB 132 by striking the words "plus two-thirds of the amount which may be allowed to judges of the Superior Court as contingent expenses," wherever they appear in said Act; by striking the words "plus one-half of the amount allowed to judges of the Superior Court as contingent expenses," wherever they appear in said act; by striking the words, "plus one-half of the amount which may now or hereafter be allowed to judges of the Superior Court

TUESDAY, NOVEMBER 24, 1953

1131

as contingent expenses," wherever they appear in said act; by striking the words, "and allowances" wherever they appear in said Act.
Mr. Groover of Bibb moves to amend HB 132 by striking the following language wherever it appears, "and shall receive from the county or counties of his circuit two-thirds (or one-half as the case may be) of the sum which may now or hereafter be paid to judges of the Superior Court".

An amendment offered by Mr. Lavender of Elbert 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 ayes were 122, nays 8.
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 800. By Messrs. Groover of Bibb and Nightingale of Glynn:
A Bill to be entitled an Act to make provisions for the coverage of certain employees of political subdivisions under 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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 800 was ordered immediately transmitted to the Senate.
HB 749. 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 that pay patients may be accepted at the hospital operated for the indigent sick in conjunction with the State Medical College, and for other purposes.

The report 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 Messrs. Hand and Twitty of Mitchell, and others:
A Bill to be entitled an Act to provide a maximum amount to be paid as fees to the Secretary of State for the filing of certified copies of proceedings for the granting of charters, and for other purposes.
The following Committee amendment was read and adopted:

1132

JOURNAL OF THE HOUSE,

The Committee on Ways and Means moves to amend the caption of: HB 850 by changing the period to a comma at the end of the caption and adding the following words: "to repeal conflicting laws and for other purposes."

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. amended.
The hour of convening the Joint Session to hear an address by Honorable Adlai E. Stevenson of Illinois having arrived, Mr. Twitty of Mitchell moved that the House do now recess until 1:30 o'clock this afternoon, and the motion prevailed.
The House and Senate appeared at the West entrance of the Capitol and the Joint Session was called to order by the President of the Senate, Honorable Marvin Griffin.
Accompanied by Governor Talmadge, the Committees of Escort and many other distinguished guests, Honorable Adlai E. Stevenson appeared before th& Joint Session of the House and Senate, was introduced to the assembled crowd by Governor Talmadge, and delivered an address.
The Senator from the 51st moved that the Joint Session be now dissolved and the motion prevailed.

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 661. 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 the time for holding primary elections, and for other purposes.

The report of the committee, which wa!l 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 676. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel:
A Bill to be entitled an Act to create the Georgia Forest Research Council, and for other purposes.

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

TUESDAY, NOVEMBER 24, 1953

1133

On the passage of the bill, the ayes were 114, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 321. By Messrs. Graham of Richmond and Hall of Floyd:
A Bill to be entitled an Act to amend Section 92-2902 of the Code of Georgia so as to provide for fees for trailers operated exclusively under Class "B" certificates, and for other purposes.

Mr. Graham of Richmond moved that the bill be tabled and the motion prevailed.

HB 750. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to authorize municipalities to provide offstreet parking facilities, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 748. By Messrs. Weems and Floyd of Chattooga and others:
A Bill to be entitled an Act to amend an Act so as to provide the method for incorporation of non-profit corporations, and for other purposes.
Mr. McWhorter of DeKalb moved that HB 748 be tabled and the motion was lost.
Mr. M. Smith of Fulton moved that further consideration of HB 748 be postponed until Monday, November 30, 1953, immediately following the period of unanimous consents, and the motion prevailed.
By unanimous consent, the following bill of the House was withdrawn, again read the second time, and recommitted to the Committee on Banks and Banking:

HB 663. By Messrs. MeWhorter, Rutland and Turner of DeKalb:
A Bill to be entitled an Act to amend Section 92-2406 of the Code of Georgia so as to provide that banks and banking associations shall not be taxed upon their capital, and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate insists on its position and respectfully asks that a Committee of Conference be appointed on the following bill of the House:

HB 128. By Messrs. H. Smith of Fulton and Hollis of Muscogee: A Bill regulating traffic on streets and highways; to effect a complete

1134

JOURNAL OF THE HOUSE,

revision of all and singular the laws of this State in any way dealing with the subject of traffic on the streets and highways, and for other purposes.

The President has appointed as a Committee of Conference on the part of the Senate:
Senators Coker of the 39th, Carlisle of the 51st and Millican of the 52nd.

The Senate insists on its position and respectfully asks that a Committee of Conference be appointed on the following bill of the House:

HB 545. By Messrs. Matthews and Stephens of Clarke:
A Bill to provide that the Mayor and Council, or other governing body of every municipal corporation, shall have power, in addition to the powers specified in the charter of such corporation, and for other purposes.

The President has appointed as a Committee of Conference on the part of the Senate:
Senators Dean of the 34th, Jordan of the 25th and Campbell of the 31st.

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 resolution of the House to wit:

HR 166-612a. By Mr. Perkins of Carroll:
A Resolution to provide for the furnishing of certain law books by the State Librarian to the Clerk of the Superior Court, and to the Ordinary, of Carroll 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 substitute by the requisite constitutional majority the following Bill of the House to wit:

HB 196. By Messrs. Williams of Bulloch and Lanier of Candler:
A Bill to define the term "tourist court"; to provide for the issuance and renewal of permits to operators of tourists courts; to provide for the revocation of such permits, and for other purposes.

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

TUESDAY, NOVEMBER 24, 1953

1135

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:
SB 153. By Senator Coker of the 39th:
A Bill to amend the Employees' Retirement System Act, approved Feb. 3, 1949, (Ga. Laws 1949, p. 138) and as amended so as to define "in~ voluntary separation"; to stipulate required qualifications for retire~ ment, to amend qualifying requirements for creditable service while in the Armed Forces; to amend conditions for employment or continued employment; to repeal conflicting laws, and for other purposes.
SB 158. By Senator Jordan of the 25th:
A Bill to change the time of holding the Superior Court of Talbot County; to provide that it shall be in the discretion of the Judge as to whether or not a grand traverse jury is drawn for the August term of said court; to repeal conflicting laws, and for other purposes.
SB 162. By Senator Carlisle of the 51st:
A Bill to amend Section 38-1603 of the Code relating to competency of witnesses, by striking said section and substituting a new section abolishing the rules which prohibit one party from testifying as to transactions and communications had with a deceased or insane adverse party, and for other purposes.
SB 170. By Senators Campbell of the 31st and Walker of the 45th:
A Bill to establish limits on the amount of term insurance which may be issued under group life insurance policies delivered in this State, and for other purposes.
SR 80. By Senator Wilkes of the 53rd:
A Resolution providing for a committee to make a study of the advisabil~ ity of establishing a Legislative Council; to provide for procedure connected therewith, and for other purposes.

SB 178. By Senator Wilkes of the 53rd:
A Bill to be entitled an Act to authorize and empower all private corporations heretofore or hereafter chartered to make donations, and for other purposes.

SB 187. By Senators Carlisle of the 51st, Wilkes of the 53rd, Edenfield of the 4th and Campbell of the 31st:
A Bill to be entitled an Act to amend Section 81-1001 of the Code as amended, so as to provide that either party amending his pleadings in response to order of Court shall not be held to have waived his right to object to such order by appropriate exception; to repeal conflicting laws; and for other purposes.

1186

JOURNAL OF THE HOUSE; .

SB 190. By Senatoz: Clemmons of the 42nd:
A Bill to be entitled an Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof and to repeal all former charters and laws in conflict therewith; to provide that certain school teachers shall be exempt and excluded from the Rome Retirement System at their option, and for other purposes.

SB 192. By Senator Cheek of the 28rd:
A Bill to be entitled an Act to amend Section 26-2608 of the Code, relating to the offense of larceny of an automobile, so as to provide that the punishment therefor shall not be less than two (2) nor more than ten (10) years; to repeal conflicting laws, and for other purposes.

SR 86. By Senator Callaway of the 85th:
A Resolution to provide a committee of the Senate and House to investigate the financial status of the Board of Regents and make a report of such investigations at the next General Assembly.

SR 74. By Senator Callaway of the 85th:
A Resolution authorizing the Governor to convey certain property owned by the State in Newton County, and used for military purposeS! to the Newton County Board of Education in exchange for a conveyance by the Newton County Board of Education to the State of Georgia for certain other land located in Newton County, Georgia, and for other purposes.

SB 164. By Senator Cheek of the 28rd:
A Bill to incorporate the City of Carsonville in the County of Taylor; to define the corporate limits; to authorize said city to own, maintain and operate a system of water works, sewers, gas and electric light plants; to provide for issuance of bonds; to provide for condemnation, and for other purposes.
HB 270. By Mr. Murr of Sumter:
A Bill to be entitled an Act to permit the use of baskets in the taking of rough fish in the waters of Georgia, and for other purposes.

HB 642. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act incorporating the Town of Loganville, so as to provide for permanent registration of voters, and for other purposes.

HR 157. By Messrs. Hale of Dade, Coker and Campbell of Walker:
A Resolution to change the name of State Park located in Dade and Walker Counties, now known as Sitton's Gulch State Park, and for other purposes.

TUESDAY, NOVEMBER 24, 1953

1137

The following Bill of the House was taken up for the purpose of appointing a Committee of Conference on the part of the House:

HB 545. By Messrs. Stephens and Matthews of Clarke:

A Bill to be entitled an Act to empower muniCipalities to open, change

and close streets, and for other purposes.



The Speaker appointed as a Committee .~f Conferen.ce on the part of the House the following members of the House: Messrs. Stephen:. of Clarke, Sipple of Chatham, and Nightingale of Glynn.

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 Mrs. Stocks of Lee for Friday, November 27, 1953.

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

1138

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Wednesday, November 25, 1963.
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 Reverend J. D. Corbett, Jr., Pastor, First Methodist Church, Georgetown, Georgia.

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

Abney of Catoosa Adams of Evans Adams of Upson Alexander Ayers Barber of Jackson Barrett Baughman Bell Bentley Best Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Bray Brazeal Britton Brooks Brown Buie Byrd Callier Campbell of Oconee Campbell of Walker Carswell Chastain Cheatham Clark Clary
Cloud Coffin Coker Connell Coogle
Cornelius Cowart Cummings

Deal Dean of Towns Deen of Bacon Dews Drinkard Dunaway Duncan Durham Edwards Floyd Flynt
Foster Fowler Freeman Frier Gardner Garrard Geer Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Hale Hall Hamilton Harper
Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley

Hollis Holton Hopkins Horne Huddleston Hughes Hurst Ingle Ivey Jackson Jessup Johnson Jone of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Lanier Lavender Layton Lewis Lifsey
Little Lokey
Lovett McCracken McGarity McGee McKenna McWhorter Martin Matheson Matthews Mauldin Mincey Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye

WEDNESDAY, NOVEMBER 25, 1953

1139

Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Register Rowland Russell Rutland

Scoggin Sheffield Short Sipple of Chatham Sivell Smith of Cobb Smith of Immanuel Hoke Smith of Fulton
M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Stewart Stocks Strickland Swindle Tallant Tamplin Tarbutton Tarpley Terrell Todd

Trapnell Tumlin Turk Turner Twitty Upshaw Veal Walker Wardlow Watson Weems Whitener Wiggins Williams of Bulloch Williams of Franklin Williams of Tift Willingham Willis Wooten Young Mr. Speaker

Mr. Lokey of Fulton gave notice that at the proper time, he would move that the House reconsider its action in passing the folloWing bills of the Senate:

SB 159. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to require the tax commissioner of Fulton County to collect taxes due the City of Atlanta, and for other purposes.

SB 160. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to require the joint city-county board of tax assessors in certain counties to receive all business tax returns, and for other purposes.

Mr. Garrard of Wilkes, 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. Bodenhamer of Tift moved that the folloWing bill of the House be Withdrawn from the Committee on Pensions, read the second time and recommitted to the Committee on General Judiciary No. 1:

HB 407. By Messrs. Layton of IrWin, Bodenhamer of Tift, 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 motion to withdraw, read and recommit was lost.

1140

JOURNAL OF THE HOUSE,

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 902. By Messrs. Barber and Short of Colquitt:
A Bill to be entitled an Act to authorize the establishment of branch banks in certain municipalities, and for other purposes.

By unanimous consent, the following bill of the House was withdrawn from the Committee on Hygiene and Sanitation, read the second time and recommitted to the Committee on Hygiene and Sanitation:

HB 885. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act relating to optometry, and for other purposes.

By unanimous consent, the House reconsidered its action in passing the following bills of the Senate:

SB 159. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to require the tax commissioner of Fulton County to collect taxes due the City of Atlanta, and for other purposes.
SB 160. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to require the joint city-county board of tax assessors in certain counties to receive all business tax returns, and for other purposes.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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.
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:

WEDNESDAY, NOVEMBER 25, 1953

1141

HR 283. By Messrs. Perkins and Duncan of Carroll and others:
A resolution pertaining to continued operation in the State of Georgia of fourth class post offices; and for other purposes.

SR 77. By Senator Millican of the 52nd:
A resolution authorizing the Governor and the Chairman of the Public Service Commission to act for the State in connection with the enlargement and modernization of freight yards used by the lessee of the W. & A. R. R. in Fulton County and any relocation of main track for such purposes; to convey the State's interest in any land from which main track is removed in such relocation, and to execute all necessary agreements with reference thereto; and for other purposes.

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

HB 920. By Mr. Cheatham of Chatham:
A Bill to be entitled an Act to be known and cited as the Uniform Act to secure the Attendance of Witnesses from within or without a State in Criminal Proceedings; and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 921. By Mr. Bell of Richmond and the Committee on Training Schools:
A Bill to be entitled an Act to create and establish a Juvenile Classification Board which shall have sole and exclusive jurisdiction in the granting of pardons and paroles to juveniles; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 922. By Mr. Dunaway of Polk:
A Bill to be entitled an Act to require the father of an illegitimate child to give security to the Ordinary of the County, and to the mother for the maintenance and education of the child until he arrives at the age of 14 years, etc., and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 923. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to amend an Act so as to provide that Banks and their branches shall not be taxed upon their capital but upon the shares of the stockholders, and for other purposes.
Referred to the Committee on Banks and Banking.

HB 924. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Matheson of Hart, Groover of Bibb, Ray of Warren and Williams of Franklin:
A Bill to be entitled an Act to amend an Act authorizing county

1142

JOURNAL OF THE HOUSE,

boards of education to condemn private property for public school purposes, and for other purposes.
Referred to the Committee on Education #1.
HB 925. By Messrs. Hall, Hicks and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act entitled "An Act to authorize the ordinary in counties of this State to install and use photostatic or other photographic equipment for the purpose of recording any papers or documents authorized or required to be recorded in his office or the minutes of the court, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 926. By Mr. Harrell of Grady:
A Bill to be entitled an Act to incorporate the City of Whigham in the County of Grady, and for other purposes.
Referred to the Committee on Municipal Government.

HB 927. By Mr. Geer of Miller:
A Bill to be entitled an Act to repeal an Act creating the City Court of Miller County, and for other purposes.
Referred to the committee on Counties and County Matters.

HB 928. By Mr. Stewart of Echols:
A Bill to be entitled an Act to authorize the Clerk of the Superior Court of Echols County to hold at one time, more than one county office and to act as deputy for any other commissioned officer; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 929. By Messrs. Birdsong and Groover of Troup and Sivell of Harris:
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, in the County of Troup, so as to change the corporate limits of the City of West Point, and for other purposes.
Referred to the Committee on Municipal Government.

HB 930. By Messrs. Short and Barber of Colquitt:
A Bill to be entitled an Act to amend an Act incorporating the Town of Ellenton, so as to change the limitation on tax millage; and for other purposes.
Referred to the Committee on Municipal Government.

HB 931. By Mr. Murphy of Crawford:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Roberta in Crawford County, and for other purposes.
Referred to the Committee on Municipal Government.

WEDNESDAY, NOVEMBER 25, 1953

1143

HB 932. By Messrs. Turner, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and for other purposes.
Referred to the Committee on Municipal Government.

HB 933. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta so as to authorize the Mayor and Council to designate the number of Clerks and Managers and for other purposes.
Referred to the Committee on Municipal Government.

HB 934. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act incorporating the Town of Mount Zion, and for other purposes.
Referred to the Committee on Municipal Government.

HB 935. By Messrs. McWhorter, Turner and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating and establishing the Civil Court of DeKalb County; to provide for the compensation of the Judge of said Court, and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 298-935a. By Mr. Whitener of Britton:
A Resolution to compensate Robert R. Green for personal injuries, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 299-935b. By Messrs. Williams of Franklin and Harrison of Jenkins:
A Resolution proposing an amendment to the Constitution relating to the State Board of Education and the State School Superintendent; so as to have a State Board of Education to be 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 Amendments to Constitution # 1.
HR 300-935c. By Messrs. Bell, Holley and Graham of Richmond:
A Resolution to amend the Constitution so as to authorize the People of Richmond County to give the Board of Commissioners the power to set license fees for businesses, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.

HR 301-935d. By Messrs. Parker and Green of Baldwin: A Resolution providing for the payment of costs to the Sheriff and

1144

JOURNAL OF THE HOUSE,

Clerk of the Superior Court of Baldwin County in a certain number of habeas corpus proceedings brought by the patients of Milledgeville Stil,te Hospital against the Superintendent of same, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 936. By Messrs. Jackson of Jones and Chastain of Thomas:
A Bill to be entitled an Act to provide for the periodic examination of inmates of the Milledgeville State Hospital for the purpose of determining eligibility for discharge; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 937. By Messrs. Hicks of Floyd. Twitty of Mitchell, Gowen of Glynn and Hale of Dade:
A Bill to be entitled an Act to amend an Act which provides a limit upon enforcing conveyances of real property to secure debt and provides for reversion of title and when powers of sale shall be exercised, etc., and for other purposes.
Referred to the Committee on General Judiciary #2.

HB. 938. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to levy and provide for the collection of an excise tax upon state and national banks; and for other purposes.
Referred to the Committee on Banks and Banking.

BB 939. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta; to extend the City limits to include the territory which is the south right-of-way line of the Central of Georgia Railroad, and for other purposes.
Referred to the Committee on Municipal Government.

HB 940. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act applying to the City of Augusta and Richmond County to apply to the Board of Health of Richmond County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 941. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act so as to provide for a single index book for instruments affecting personal property in all counties having a population of not less than 18,600 and not more than 18,900, and for other purposes.
' ._ Referred to the Committee on State of Republic.

WEPNESDAY, NOVEMBER 25, 1953

114{)

Jl~ 942. By Mr. Drinkard of Lincoln:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner, and for other purposes.
.'.~ \
, .Referred to the Committee on Counties and County Matters.

HB 943. By Mr. McGee of Chatham:

A Bill to be entitled an Act to amend the Charter of the Mayor and
Alderinen of the City of Savannah; to close and sell that portion of St. J"Q.!i~n Street. between the West line of Habersham Street and the East line of Lincoln Street, and for other purposes.

Referred to the Committee on Municipal Government.

lr; :.:.:

.l

HB 944. By Messrs. Murr and Horne of Sumter:

A Bill to be entitled an Act to amend an Act, revise and consolidate the

,... '

several acts granting corporate authority to the City of Americus, and

for other purposes.



Referred to the Committee on Municipal Government.

HB 945. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to amend the Nurses Law; to amend Code Section 1007 pertaining to registration fees; to amend Code Section 84-1010 pertaining to annual validation of certificate of registered .nurses; and for other purposes.
Re;ferred to the Committee on Hygiene and Sanitation.

Mr. Lavender of Elbert 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 905. Do Pass.

HB 903. Do Pass.

HB 904. Do Pass.

HB 900. Do Pass.

HB 911. Do Pass.

HB 914. Do Pass.

HB 916. Do Pass.

Respectfully submitted,

Lavender of Elbert,

Chairman.

1146

JOURNAL OF THE HOUSE,

Mr. Hall of Floyd County, Chairman of the Committee on Education #1, has 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 872. Do Pass.
Respectfully submitted,
Hall of Floyd,
Chairman.

Mr. Duncan of Carroll 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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 680. Do Pass.
Respectfully submitted,
Duncan of Carroll,
Chairman.

Mr. Lanier of Candler 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 655. Do Pass by Substitute.
Respectfully submitted,
Lanier of Candler,
Chairman.

Mr. Hollis, of Muscogee 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 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 874. Do Pass.

WEDNESDAY, NOVEMBER 25, 1953

1147

HB 647. Do Pass. HB 792. Do Pass. HB 855. Do Pass. HB 585. Do Pass, by Substitute. HB 799. Do Pass. HB 822. Do Pass. SB 33. Do Pass. SB 155. Do Pass. SR 36. Do Pass, by Substitute. HR 204-648b. Do Not Pass.

Respectfully submitted, Howell Hollis of Muscogee,
Chairman.

Mr. Willis of Thomas County, Chairman of the Committee on Historical Research, sul>mitted 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 247-790f. Do Pass.
Respectfully submitted,
Willis of Thomas,
Chairman.

Mr. Jones of Lumpkin 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 895. Do Pass.
Respectfully submitted,
Jones of Lumpkin,
Chairman.

Mr. Tarpley of Union County, Vice Chairman of the Committee on Public Property has submitted the following report:

1148

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Public Property has had under consideration the following Resolution of the House and has instructed me as Vice Chairman, to report the same back to the House with the following recommendations:
HR 249-79h. Do Pass.
Respectfully submitted,
Tarpley of Union,
Vice Chairman.

Mr. Barber of Colquitt 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 234-743T Do Pass.
Respectfully submitted,
Barber of Colquitt,
Chairman.

Mr. Barber of Colquitt County, Chairman of the Committee on Special Ap~ propriations 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 122-398a. Do Pass, as Amended.
Respectfully submitted,
Barber of Colquitt,
Chairman.

Mr. Brooks of Oglethorpe 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 811. Do Pass.

Respectfully submitted,

Brooks of Oglethorpe,

~hairman.

WEDNESDAY, NOVEMBER 25, 1953

1149

Mr. Brooks of Oglethorpe County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 176-628a. Do Pass.
Respectfully submitted,
Brooks of Oglethorpe,
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 has instructed ~ as Chairman, to report the same back to the House with the following recommendations:
HB 794. Do Pass.
HB 854. Do Pass.
HR 248-790g. Do Pass.
HR 277-867e. Do Pass, by Committee Substitute.
Respectfully submitted,
McCracken of Jefferson,
Chairman.

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

HB 585. By Messrs. M. Smith and H. Smith of Fulton and others:
A Bill to be entitled an Act to amend Section 27-2511 of the Code of Georgia so as to provide for the punishment of persons upon conviction of a fourth felony, and for other purposes.

HB 647. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend Section 92-5707 of the Code of Georgia so as to provide for the superiority of title of security deeds over certain taxes, and for other purposes.

HB 655. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act prohibiting livestock from straying at large upon the public highways, and for other purposes.

1150

JOURNAL OF THE HOUSE,

HB 680. By Messrs. Bell, Graham, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to provide for certain excuses from public school attendance, and for other purposes.

HB 794. By Messrs. Sheffield of Brooks, Matthews of Clarke, and others:
A Bill to be entitled an Act to provide for the construction of bridges and turnpike projects, and for other purposes.

HB 799. By Mr. H. Smith of Fulton:
A Bill to be entitled an Act to provide for summary judgment procedure in civil actions in the superior courts, and for other purposes.

HB 822. By Mr. Stevens of Marion:
A Bill to be entitled an Act to provide for the terms of the superior court of Marion County, and for other purposes.

HB 854. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the clerks of the superior courts, and for other purposes.

HB 855. By Mr. H. Smith of Fulton:
A Bill to be entitled an Act to amend Section 113-1518 of the Code of Georgia regulating and limiting investments by executors and administrators, and for other purposes.

HB 874. By Messrs. Twitty of Mitchell, Gowen of Glynn, and Hollis of Muscogee:
A Bill to be entitled an Act to provide for the appointment of an attorney to represent indigent defendants in criminal cases involving capital felonies, and for other purposes.

HB 895. By Messrs. Ray of Warren, Garrard of Wilkes, and Adams of Evans:
A Bill to be entitled an Act to amend Section 68-202 so as to provide that applications for registration of vehicles shall be accompanied by bills of sale, and for other purposes.

HB 900. By Mr. Holloway of Gilmer:
A Bill to be entitled an Act to change the time for holding the superior court of Gilmer County, and for other purposes.

HB 903. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to provide for the payment of certain commissions to the tax receivers in certain counties, and for other purposes.

WEDNESDAY, NOVEMBER 25, 1953

1151

HB 904. By Mr. McGarity of Henry:
A Bill to be entitled an Act to provide for a salary for the tax commissioner of certain counties, and for other purposes.

HB 905. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to amend an Act so as to provide for elections of the board of commissioners of roads and revenues of Quitman County, and for other purposes.

HB 911. By Messrs. Williams and Trapnell of Bulloch:
A Bill to be entitled an Act to provide for the composition of the boards of education in certain counties, and for other purposes.

HB 914. By Mr. Swindle of Berrien:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the tax commissioner of Berrien County, and for other purposes.

HB 916. By Mr. Johnson of Twiggs:
A Bill to be entitled an Act to create the office of Commissioner of Roads and Revenues for Twiggs County, and for other purposes.

HR 122-398a. By Mr. Lokey of Fulton:
A Resolution compensating Mrs. Grady B. Campbell for damages, and for other purposes.

HR 234-743t. By Mr. Greene of Crisp:
A Resolution compensating Mr. N. Aldo Harrison for damages, and for other purposes.

HR 248-790g. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Resolution authorizing the conveyance of certain lands to Fulton County, and for other purposes.

HR 249-790h. By Messrs. Watson and Gardner of Dougherty:
A Resolution confirming a deed by the Governor to the City of Albany of certain property in Cheehaw State Park, and for other purposes.

HR 277-867e. By Mr. Adams of Upson:
A Resolution authorizing the appointment of a committee to investigate certain charges against the Insurance Commissioner, and for other purposes.

SB 33. By Senators Campbell of the 31st and others:
A Bill to be entitled an Act to provide for women to serve on juries, and for other purposes.

1152

JOURNAL OF THE HOUSE;

SR 36. By Senators Dean of the 34th and Carlisle of the 51st:
A Resolution authorizing the revision of certain titles of the Code of Georgia, and for other purposes.

SB 155. By Senators Jordan of the 25th and Campbell of the 31st:
A Bill to be entitled an Act to amend Section 26-1601 of the Code of Georgia so as to redefine the crime of kidnaping, and for other purposes.

HR 176-628a. By Mr. Matthews of Clarke: .,
A Resolution relieving the principal and security on a certain appear~ ance bond, and for other purposes.

By unanimous consent, the following bill of the House was recommitted to the Committee on State of the Republic:

HB 794. By Messrs. Sheffield of Brooks, Matthews of Clarke, and others:
A Bill to be entitled an Act to provide for the construction of bridges and turnpike projects, 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 721. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the reporter of the Oconee 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 761. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to amend an Act so as to change the com~ pensation of the Commissioner of Roads and Revenues of Rockdale County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill~ was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 786. By Messrs. Watson and Gardner of Dougherty:
A Bill to be entitled an Act to amend an Act so as to provide for pretrial conferences in the City Court of Albany, and for other purposes.

WEDNESDAY', NOVEMBER 25, 1953

1153

The report 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 806. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to provide for the disposition of salary checks 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.

HB 807. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to provide a retirement system for certain employees of Bibb County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill,, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 812. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to consolidate the two school systems 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 813. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to provide a contingent expense account to the Sheriff of Elbert County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 814. By Mr. Phillips of Walton: A Bill to be entitled an Act to amend an Act so as to remove the prohi-

1154

JOURNAL OF THE.HOUSE,

bition against the County of Walton from establishing any other school within Social Circle, and for other purposes.

The report 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 815. By Mr. Layton 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 816. By Messrs. Hayes and Holton of Coffee:
A Bill to be entitled an Act to amend an Act so as to provide for the compensation of the Ordinary of Coffee County and for clerical aid, and for other purposes.

The report 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. Lewis of Greene:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Greene County into the office of Tax Commissioner of Greene 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 829. By Messrs. Turner, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to provide for the abolition of the retirement system for 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.

WEDNESDAY, NOVEMBER 25, 1953

1155

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. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Elberton, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 834. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Tax Commissioner of Dade 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 835. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act so as to increase the compensation of the Commissioner of Elbert County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 836. By Messrs. Hicks, Scoggin and Hall of Floyd:
A Bill to be entitled an Act to supplement the 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 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 823. By Mr. Green of Baldwin:
A Bill to be entitled an Act to amend an Act so as to provide the terms of office of the Board of County Commissioners for Baldwin County, and for other purposes.

1156

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 817. By Mr. Green of Baldwin:
A Bill to be entitled an Act to amend an Act so as to provide certain fees to certain officers in connection with the performance of their duties in criminal cases, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 837. By Mr. Moore of Pickens:
A Bill to be entitled an Act to create a new charter for the Town of Jasper, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 838. By Messrs. Hicks, Hall and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide for the payment of certain monies to the superintendent of the public schools of 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 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 840. By Messrs. Hall, Hicks and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to change the age of retirement for employees under the retirement system of 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 123, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, NOVEMBER 25, 1953

1157

HB 841. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide that the city commission of the City of Rome shall have the power to enter into contracts, and for other purposes.

The report 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 842. By Messrs. Hicks, Scoggin and Hall of Floyd :
A Bill to be entitled an Act to amend an Act so as to change the percentage contribution to the retirement system of the City of Rome by 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 125, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 843. By Mr. Ingle of Murray:
A Bill to be entitled an Act to create_ a new charter for the City of Chatsworth, and for other purposes.

The report of the committee, which was favorable to the passage of the 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 857. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide for a recorder's court in the City of Smyrna, and for other purposes.

The report 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 858. By Mr. H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide for the retirement of assistants in the office of the solicitor general of the criminal court of Fulton County, and for other purposes.

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

1158

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 128, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 859. By Mr. Ursrey of Jeff Davis:
A Bill to be entitled an Act to create a new charter for the City of Hazelhurst, and for other purposes.

The report 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 860. By Messrs. Hicks and Hall of Floyd:
A Bill to be entitled an Act to provide for the compensation of the judge of the 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 130, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 861. By Messrs. Hicks, Hall and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide for the making of certain loans by the mayor and council of the City of Cave Springs, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 863. By Messrs. Turner, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to create a retirement system for 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 864. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide that the chief deputy clerk of the superior court shall be administrative officer of the superior court of Fulton County, and for other purposes.

WEDNESDAY, NOVEMBER 25, 1953

1159

The report 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 865. By Mr. Sivell of Harris:
A Bill to be entitled an Act to provide a bond for each of the county commissioners 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 866. By Messrs. Chastain and Willis of Thomas:
A Bill to be entitled an Act to provide for the establishment of a law library 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.

HB 867. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide the hours for holding elections in the City of Powder Springs, and for other purposes.

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

HB 878. By Mr. Veal of Putnam:
A Bill to be entitled an Act to provide for the terms of the superior court of Putnam County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was ag.reed to.
On the passage of the bill, the ayes were 109, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 879. By Mr. Otwell of Forsyth: A Bill to be entitled an Act to amend an Act so as to provide for the

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construction of public buildings in Forsyth County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 880. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to authorize the establishment of restricted zones in Forsyth County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The_ bill, having received the requisite constitutional majority, was passed.

HB 881. By Mr. Coogle of Macon:
A Bill to be entitled an Act to amend an Act so as to change the rules of procedure in the city court of Oglethorpe in Macon County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 245-790d. By Messrs. Gowen and Nightingale of Glynn: A Resolution requesting certain law books for the court of ordinary of Glynn County, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 113, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
SB 154. By Senator Cates of the 17th: A Bill to be entitled an Act to create a retirement benefit fund for employees of Burke 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.

WEDNESDAY, NOVEMBER 25, 1953

1161

SB 176. 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 supplement the funds of 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 115, 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 153. By Senator Coker of the 39th:
A Bill to be entitled an Act to amend the Employees' Retirement System, so as to define "involuntary separation", and for other purposes.
Referred to the Committee on Pensions.

SB 158. By Senator Jordan of the 25th:
A Bill to be entitled an Act to change the time of holding the Superior Court of Talbot County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 162. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to amend an Act relating to competency of witnesses, and for other purposes.
Referred to the Committee on General-Judiciary # 2.

SB 164. By Senator Cheek of the 23rd:
A Bill to be entitled an Act to incorporate the City of Carsonville, in the County of Taylor, and for other purposes.
Referred to the Committee on Municipal Government.

SB 170. By Senators Campbell of the 31st and Walker of the 45th:
A Bill to be entitled an Act to establish limits on the amount of term insurance which may be issued under group life insurance policies delivered in this State, and for other purposes.
Referred to the Committee on Insurance.

SB 178. By Senator Wilkes of the 53rd:
A Bill to be entitled an Act to authorize and empower all private corporations heretofore or hereafter chartered to make donations, and for other purposes.
Referred to the Committee on Corporations.

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SB 187. By Senators Carlisle of the 51st, Wilkes of the 53rd, Edenfield of the 4th and Campbell of the 31st:
A Bill to be entitled an Act to amend an Act so as to provide that either party amending his pleadings in response to order of Court shall not be held to have waived his right to object to such order by appropriate exception, and for other purposes.
Referred to the Committee on General Judiciary # 2.

SB 190. By Senator Clemmons of the 42nd:
A Bill to be entitled an Act to create a new charter and municipal government for the City of Rome, and for other purposes.
Referred to the Committee on Municipal Government.

SB 192. By Senator Cheek of the 23rd:
A Bill to be entitled an Act to amend an Act relating to the offense of larceny of an Automobile, and for other purposes.
Referred to the Committee on General Judiciary # 1.

SR 74. By Senator Callaway of the 35th:
A Resolution authorizing the Governor to convey certain property owned by the State in Newton County, and used for military purposes to the Newton County Board of Education, and for other purposes.
Referred to the Committee on Public Property.

SR 77. By Senator Millican of the 52nd:
A Resolution authorizing the Governor and the Chairman of the Georgia. Public Service Commission to act for the State in connection with the enlargement and modernization of freight yard~ used by the lessee of the W. & A. R.R. in Fulton County, etc., and for other purposes.
Referred to the Committee on State of Republic.
SR 80. By Senator Wilkes of the 53rd:
A Resolution providing for a committee to make a study of the advisability of establishing a Legislative Council, and for other purposes.
Referred to the Committee on State of Republic.
SR 86. By Senator Callaway of the 35th:
A Resolution to provide for the appointment of a joint committee of the Senate and House of Representatives to investigate the financial status of the State Board of Regents and the University System of Georgia and to make a report of such investigation to the next meeting of thet General Assembly, and for other purposes.
Referred to the Committee on University of Georgia.
Under the regular order of business, the following resolutions of the House were taken up for consideration and read the third time:

WEDNESDAY, NOVEMBER 25, 1953

1163

HR 232-743r. By Messrs. Hand and T\vitty of Mitchell, Ray of Warren and Smith of Emanuel:
A Resolution establishing the Georgia Commission on Education, and for other purposes.

The following substitute offered by Mr. Twitty of Mitchell and others was read and adopted:

A RESOLUTION
To establish The Georgia Commission on Education, to define its duties and authority, and to provide therefor such funds as are necessary to effectuate the purposes hereof.
WHEREAS, the Constitution of the State provides for separate education of the .white and colored races, and
WHEREAS, necessity for further legislation or constitutional amendments in that regard might hereafter arise;
It is therefore resolved by the Senate and House of Representatives as follows:
One. The Georgia Commission on Education is hereby established.
Two. Said Commission shall formulate a plan or plans of legislation, prepare drafts of suggested laws, and recommend courses of action for consideration by the General Assembly whereby the State may by taxation continue to provide adequate education for all its citizens consistent with the provisions of the Constitution of the United States and the Constitution of the State of Georgia.
Three. Said Commission shall be composed of the Governor, Lieutenant Governor, Speaker of the House of Representatives, State Auditor, The Attorney General, Chairman of the Board of Regents, Chairman of the State Board of Education, State School Superintendent, Chancellor of the University System of Georgia, Chairman of the Judicial Council; a representative from the Georgia Bar Association, and, representative of the State both geographically and in all segments of her economy, ten other citizens to be appointed by the Governor, one from each Congressional District of The State.
Four. The Governor shall be Chairman of said Commission and shall designate another member of the Commission as Vice Chairman. Said Commission shall perfect its organization conformable to the provisions of this Resolution and may appoint Subcommittees. Seven members of the Commission shall constitute a quorum for the transaction of any business of the Commission.
Five. Said Commission shall submit its findings and proposed plan of legislation with its accompanying draft of suggested laws and its comments thereon, to any extraordinary session of this General Assembly which may be hereafter held, and if no such session be held, then to the meeting of the General Assembly to convene on the second Monday in January, 1955.
Six. Said Commission is hereby directed to cause its findings, proposed plan of legislation, accompanying drafts of suggested laws, and

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its comments thereon, to be printed and distributed to the members o the General Assembly and to the press not less than thirty days prior to the meeting of the General Assembly to convene on the second Monday in January, 1955, and in the event of an extraordinary session, as great a number of days as feasible prior to the convening of such extraordinary session.
Seven. Said Commission is directed to inquire into the educational structure of The State, and all pertinent provisions of the Constitution and statutes of The State, as well as the Constitution and laws of the United States; to receive suggestions and statements from interested persons; and to make such other investigation and inquiry as will in its judgment assist in the discharge of the duties confided to it. Said Commission is authorized from time to time to print and distribute reports of its finding and recommendations.
Eight. The Chairman of said Commission is authorized to assign quarters and to employ such help, technical assistants and legal Counsel to aid the Commission in the performance of its duties as he may deem proper, and to fix their compensation.
Nine. The members of said Commission shall receive the same compensation and allowances for each day they are in attendance at the meetings of the Commission as are received by members of the General Assembly for each day's attendance upon a session of the General Assembly, plus any other compensation, per diem, allowance or reimbursement that is now provided by law for members of the General Assembly.
Ten. Such funds as are necessary to effectuate the purposes of this Resolution shall be made available by the Bureau of the Bud~et from moneys appropriated for the operation of the General Assembly and from such other funds as the Bureau of the Budget may from time to time transfer to said Commission.
Eleven. The duties and authority of said Commission shall be continuing until terminated by law.

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 144, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted; by substitute.

HR 225-743k. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and Smith of Emanuel:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article VIII, Section I, Paragraph I of the Constitution of the State of Georgia, by adding thereto the following, to wit:
"The State and its subdivisions may by taxation provide funds for education in private schools when and in such manner as the General Assembly may authorize by law."

WEDNESDAY, NOVEMBER 25, 1953

1165

So that when amended Article VIII, Section I, Paragraph I of the Constitution shall read as follows, to wit:
"The provision of an adequate education for the citizens shall be a primary obligation of the State of Georgia, the expense of which shall be provided for by taxation. Separate schools shall be provided for the white and colored races. The State and its subdivisions may by taxation provide funds for education in private schools when in such manner as the General Assembly may authorize by law."
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Upon the approval of this Resolution in the manner hereinafter provided, that Article VIII, Section I, Paragraph I of the Constitution of the State of Georgia be amended by adding thereto the following, to wit:
"The State and its subdivisions may by taxation provide funds for education in private schools when and in such manner as the General Assembly may authorize by law."
So that as amended Article VIII, Section I, Paragraph I of the Constitution of the State of Georgia shall read as follows, to wit:
"The provision of an adequate education for the citizens shall be a primary obligation of the State of Georgia, the expense of which shall be provided for by taxation. Separate schools shall be provided for the white and colored races. The State and its subdivisions may by taxation provide funds for education in private schools when and in such manner as the General Assembly may authorize by law.''

SECTION II
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 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.

SECTON III
Be it further resolved by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection by tire electors of this State at the next general election to be held after the publication, as provided for in the second section of this Resolution, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words:

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"For ratification of the amendment to Article VIII, Section I, Paragraph I of the Constitution of the State of Georgia so as to permit the General Assembly to authorize taxation for education in private schools."
And all persons opposed to adoption of said amendment shall have written or printed on their ballots the words:
"Against ratification of the amendment to Article VIII, Section I, Paragraph I of the Constitution of the State of Georgia so as to permit the General Assembly to Authorize taxation for education in private 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 IV That any and all laws and parts thereof in conflict herewith be and the same are hereby repealed.
A substitute offered by Mr. Bentley of Cobb was ruled out of order. The following committee substitute to HR 225-743k was read and adopted:

A RESOLUTIONN
Proposing to the people, for ratification or rejection, an amendment to Article VIII of the Constitution of the State of Georgia, adding & new section relating to education
BE IT RESOLVED by the General Assembly of Georgia:

SECTION 1
That Article VIII of the Constitution of the State of Georgia be amended by adding thereto a new section, to be numbered Section XIII, as follows:
"Section XIII, Paragraph I, Grants for Education: Notwithstanding any other provision of this Constitution, the General Assembly may by law provide for grants of State, county or municipal funds to citizens of the State for educational purposes, in discharge of all obligation of the State to provide adequate education for its citizens."
SECTON 2
When this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the yeas and nays taken thereon. The Governor shall cause the same to be published in one or more newspapers in each Congressional District for two months previous to the next general election at which members of the General

WEDNESDAY, NOVEMBER 25, 1953

1167

Assembly are chosen, and it shall be submitted to the people for ratification or rejection at such election. Those desiring to vote in favor of ratifying the amendment shall have written or printed on their ballots:
"For the amendment to Article VIII of the Constitution adding a new section relating to education."
Those desiring to vote against ratifying the amendment shall have written or printed on their ballots :
"Against the amendment to Article VIII of the Constitution adding a new section relating to education."
If, at said election, a majority of the qualified voters voting thereon shall vote in favor of the amendment, the same shall become a part of the Constitution of Georgia, and the Governor shall make proclamation thereof upon the certification of the result of said election by the Secretary of State.

SECTION 3
All laws and parts of laws in conflict with this resolution are hereby repealed.

Mr. McCracken of Jefferson moved the previous question and the motion prevailed.

The report of the committee, which was favorable to the adoption of the resolution, by substitute, was agreed to.

On the adoption of the resolution, by substitute, the roll call was ordered and the vote was as follows :

Those voting in the affirmative were Messrs:

Abney of Catoosa Adams of Evans Ayers
Barber of Jackson Barrett Baughman Best Birdsong Black Blackburn Blalock Bloodworth Boggus
Brannen Bray Brazeal Britton Brooks Brown Buie Byrd
Callier Campbell of Oconee Campbell of Walker

Carswell Chastain Clark Clary Cloud Coffin Coker Connell Coogle Cowart Deal Dean of Towns Deen of Bacon Dews Drinkard Duncan Durham Edwards Flynt Foster Fowler Freeman Garrard Gardner

Geer Gilder Gillis Goodson Graham Green of Baldwin Green of Rabun Greene of Crisp Grimsley Groover of Bibb
Hall Hamilton Harrell Harris Harrison of Wayne
Hayes Hicks Hodges Hollis Holton Hopkins
Horne Huddleston Hughes

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JOURNAL OF THE HOUSE,

Hurst Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Lanier Lavender Layton Lifsey
Lovett McCracken McGarity
Martin Matheson Matthews Mauldin Mincey

Moate Mobley Moore of Pickens Moore of White Moses Moye Mull Murphey of Crawford Murphy of Haralson Murr Nelson Parker Peacock Perkins Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray
Rowland Russell Scoggin
Sheffield Short

Sipple of Chatham Sivell Stephens of Clarke Stevens of Marion Strickland Tallant Tamplin Tarbutton Terrell Todd Trapnell Tumlin Turk Twitty Upshaw Walker Wardlow Watson Wiggins
Williams of Bulloch Williams of Tift Willingham
Willis Young

Those voting in the negative were Messrs:

Adams of Upson Bentley Bodenhamer Bolton Brantley Cheatham Cornelius Cummings Dunaway Floyd Frier Gowen Greer

Groover of Troup Gunter Hale Harrison of Jenkins Henderson Holley
Lewis Little Lokey
McKenna McWhorter Musgrove Nightingale

Register Rutland Smith of Cobb Hoke Smith of Fulton M. M. Smith of Fulton Swindle Tarpley Turner Veal Weems Whitener

The roll call was verified.

On the adoption of the resolution, by substitute, the ayes were 146, nays 37.

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 Friday morning and the motion prevailed.

Leaves of absence for Friday, November 27, 1953, were granted the fol-
lowing members of the House: Messrs. Abney of Catoosa, Whitener of Whitfield, Hamilton of Appling, Musgrove of Clinch, and Horne of Sumter.

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

FRIDAY, NOVEMBER 27, 195:/

1169

Representative Hall, Atlanta, Georgia. Friday, November 27, 1953.
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 Reverend Charles W. Elder, Pastor, Fayetteville Baptist Church, Fayetteville, Georgia.

By unanimous consent, the roll call was dispensed with.

Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of the proceedings for Wednesday, November 25, 1953, 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. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and general bills with local application. 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 of the House were read the first time and referred to the committees:

HB 946. By Mr. Perkins of Carroll:
A Bill to be entitled an Act to amend an Act relating to consolidation of schools, so as to provide a referendum in certain circumstances and other procedure relating to the consolidation of schools in any county which has been divided into districts for the election of members of the County Board of Education; and for other purposes.
Referred to the Committee on Education #2.

HB 947. By Mr. McGarity of Henry: A Bill to be entitled an Act to amend an Act relating to an election

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JOURNAL OF THE HOUSE,

to fill a vacancy in the office of justice of the peace, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 948. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act relating to fishing licenses for non-residents, and for other purposes.
Referred to the Committee on Game and Fish.
HB 949. By Messrs. Ray of Warren, Adams of Evans, Garrard of Wilkes, Moses of Montgomery, and Clary of McDuffie:
A Bill to be entitled an Act to amend an Act known as the "Motor Fuel Tax Law", so as to clarify the definition of motor fuel and make clear that "hot" tractor fuel, when not sold or used to propel motor vehicles on public highways is not intended to be considered "motor fuel" and is not subject to the motor fuel tax, and for other purposes.
Referred to the Committee on Ways and Means.

HB 950. By Messrs. Hand and Twitty of Mitchell, McKenna of Bibb, Murr of Sumter, Russell of Barrow, Fowler of Douglas and Mincey of Ware:
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 are members of the National Guard (Georgia), and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 951. By Messrs. Phillips of Walton, Campbell of Oconee, Carswell of Burke, Clary of McDuffie, Kemp of Clayton, Smith of Emanuel and Tumlin of Bartow:
A Bill to be entitled an Act to require that all livestock weights taken at livestock sales establishments within this State be taken by certified public weighters; and for other purposes.
Referred to the Committee on Agriculture #1.

HB 952. By Mr. Deal of Bryan:
A Bill to be entitled an Act to amend an Act relating to procedure, pleadings and evidence in hearings before the Georgia Public Service Commission, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 953. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act relating to insurance adjustment bureaus and insurance adjusters, and for other purposes.
Referred to the Committee on Insurance.

FRIDAY, NOVEMBER 27, 1953

1171

HB 954.. By Messrs. Harrison of Jenkins and Lanier of Candler:
A Bill to be entitled an Act to provide a method of notice and protection to the consuming public in the purchase of all milk and milk products in this State by providing for the grading and labeling thereof of "Grade A", "Grade B", or "Ungraded" milk or milk products based upon standards of health and cleanliness established herein, and for other purposes.
Referred to the Committee on Agriculture No. 1:

HB 955. By Messrs. Matheson of Hart, Lavender of Elbert, Ayers of Madison, Williams of Franklin, Phillips of Walton, Potts of Coweta, Walker of Rockdale and many others:
A Bill to be entitled an Act to make it unlawful to dump trash, refuse or garbage on any property belonging to another, or on or along any public highway in this State without certain permission, and for other purposes.
Referred to the Committee on Public Highways No. 1.

HB 956. By Messrs. Barber of Jackson, Bodenhamer of Tift and Harrison of Jenkins:
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 Temperance.

HB 957. By Mr. Harrell of Grady:

A Bill to be entitled an Act to incorporate the City of Cairo, and for other purposes.
Referred to the Committee on Municipal Government.
HR 302-957a. By Messrs. Willis and Chastain of Thomas:
A Resolution proposing an amendment to the Constitution 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 Thomasville and the existing School District of Thomas County, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.
HR 303-957b. By Mr. Dews of Calhoun:
A Resolution proposing an amendment to the Constitution so as to provide for the division of Calhoun County into five school districts; and for other purposes.
Referred to the Committee on General Judiciary #1.
HR 304-957c. By Messrs. Holden and Hayes of Coffee:
A Resolution proposing an amendment to the Constitution so as to pro-

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JOURNAL OF THE HOUSE,

vide that the Board of Education of Coffee County, or any person or board who may hereafter be charged by law with the duties and powers of such board, shall be authorized and empowered to reorganize the schools within its jurisdiction and to determine and fix the number of grades to be taught at each school in its system; and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.
HB 958. By Messrs. Short of Colquitt and Sheffield of Brooks:
A Bill to be entitled an Act to provide that the application of all minors under the age of 18 years for a motor vehicle driver's license shall be signed by minor's parents, if living, or if not, by his guardian, or if married by his employer, or by teacher, or minister or if not that such application must be accompanied by a certified birth certificate, and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 959. By Messrs. Smith of Emanuel, Twitty of Mitchell, Ray of Warren, Russell of Barrow, McCracken of Jefferson and Greer of Lanier:
A Bill to be entitled an Act to amend an Act known as an Act to create the State Board of Pardons and Paroles and provide for its personnel, powers and duties; to provide that all information, all books, all documents and all records of the State Board of Pardons and Paroles shall be classified as confidential State secrets; and for other purposes.
Referred to the Committee on State of Republic.

HB 960. By Mr. Jackson of Jones:
A Bill to be entitled an Act to amend the Georgia Right to Work Act, by eliminating the exception for persons subject to the Railway Labor Act, and for other purposes.
Referred to the Committee on Industrial Relations.
HB 961. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to amend an Act relating to vehicle license plates, descriptions, transfers, duplicates, fees and penalties for violation, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 962. By Messrs. Tallant of Cherokee, Smith of Cobb and Upshaw of Bartow:
A Bill to be entitled an Act to provide for disbursement of money received by the State of Georgia from the United States of America from leasing of lands in the Allatoona Reservoir Basin, and for other purposes.
Referred to the Committee on Public Property.

FRIDAY, NOVEMBER 27, 1953

1173

HB 963. By Mr. Stewart of Echols:
A Bill to be entitled an Act to abolish the County Court of Echols. County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 964. By Messrs. Groover and Harris of Bibb:
A Bill to be entitled an Act to require that in all primaries or elections for nomination or election to public office in the City of Macon or County of Bibb, including members of the General Assembly from that County, that in order to be nominated or elected to public office the candidate must receive a majority of the votes cast in such primary or election; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 965. By Messrs. Groover and Harris of Bibb:
A Bill to be entitled an Act to require all candidates for nomination and/or election to a public office, body or board of the City of Macon which office, body or board is composed of more than one member or officer, to qualify for a specific seat, post, position or office; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 966. By Messrs. Groover, Harris and McKenna of Bibb:
A Bill to be entitled an Act to require all candidates for nomination. and/or election to a public office, body or board of the County of Bibb which office, body or board, including representatives to thet General Assembly from Bibb County, is composed of more than one member or officer, to qualify for a specific seat, post, position or office; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 967. By Messrs. Harris, McKenna and Groover 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 968. By Messrs. Harris, McKenna, and Groover 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 969. By Mr. Tallant of Cherokee:
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

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JOURNAL OF THE HOUSE,

of not less than 20,500 and not more than 20,900, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 305-969a. By Messrs. Holton and Hayes of Coffee:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for the selfgovernment of Coffee County, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HB 970. By Mr. Bodenhamer of Tift:
A Bill to be entitled an Act to provide for recording the terms of office of members of the County Board of Education in certain counties; to provide for notice to the respective Grand Juries of the expiration date of each of such terms; and for other purposes.
Referred to the Committee on Education # 1.

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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 273-867a.
Respectfully submitted,
Russell of Barrow,
Vice Chairman.

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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 265-843k. Do Pass.
HR 289-916d. Do Pass.
HR 300-935c. Do Pass.
HR 288-916c. Do Pass.

FRIDAY, NOVEMBER 27, 1953

1175

HR 286-916a. Do Pass.

Respectfully submitted, Freeman of Monroe, Chairman.

Mr. Lavender of Elbert 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 927. Do Pass.
HB 928. Do Pass. HB 935. Do Pass. HB 940. Do Pass.
HB 942. Do Pass. HB 808. Do Pass. SB 158. Do Pass.
Respectfully submitted,
Lavender of Elbert, Chairman.

Mr. Hall of Floyd 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 924. Do Pass.
Respectfully submitted,
Hall of Floyd,
Chairman.

Mr. Willingham of Cobb 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:

1176

JOURNAL OF THE HOUSE,

HB 795. Do Pass. HB 746. Do Pass by substitute. HB 797. Do Pass. HB 886. Do Pass.

Respectfully submitted, Willingham of Cobb, Chairman.

Mr. Williams of Bulloch 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 468. Do Pass.
HB 885. Do Pass as amended.
Respectfully submitted,
Williams of Bulloch,
Chairman

Mr. Hoke Smith of Fulton 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 926. Do Pass. HB 929. Do Pass. HB 901. Do Pass. HB 930. Do Pass. HB 908. Do Pass. HB 809. Do Pass. HB 910. Do Pass. HB 931. Do Pass. HB 934. Do Pass. HB 902. Do Pass. HB 933. Do Pass. HB 932. Do Pass.

FRIDAY, NOVEMBER 27, 1953

1177

HB 648. Do Pass as amended. HB 939. Do Pass. HB 909. Do Pass. SB 164. Do Pass. SB 190. Do Pass. HB 944. Do Pass.

Respectfully submitted, Hoke Smith of Fulton, Chairman.

Mr. Blalock of Coweta 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 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 280-881c Do Pass.
HR 292-916g. Do Pass.
HR 293-916h. Do Pass.
SB 166. Do Pass.
Sit 74. Do Pass.
Respectfully submitted,
Blalock of Coweta,
Chairman.

Mr. Barber of Colquitt 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 51-220g. Do Pass, as amended.
HR 65-262e, 217-743c, 224-743j, 223-743i, 231-743g, 233-743s, 226-7431, 118-362g, 39-202a, 50-220f, 275-867c, 136-433b. Do Pass.
HR 78-262r. Do Not Pass.

1178

JOURNAL OF THE HOUSE,

HR 64-262a, 46-220b. Do Pass, as amended. Respectfully submitted, Barber of Colquitt, Chairman.

Mr. Barber of Colquitt 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 recommendation:
HR 71-262k. Do Pass.
Respectfully submitted,
Barber of Colquitt,
Chairman.

Mr. McCracken <>f 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 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 662. Do Pass.
HB 941. Do Pass.
HR 222-7431. 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 consideration the following Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SR 86. Do Pass.
Respectfully submitted,
Matthews of Clarke,
Chairman.

FRIDAY, NOVEMBER 27, 1953

1179

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 thl! House with the following recommendation:
HB 876. 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 bills and resolutions of the Senate and House to-wit:
SB 175. By Senators Hall of the 15th; Jordan of the 25th; Singleton of the 24th; Parker of the 38th and Carlisle of the 51st:
A Bill to be entitled an Act to amend Section 50-103 of the Code and Section 50-119 to limit jurisdiction of ordinaries in entertaining writ of habeas corpus be restricted in cases involving custody of minor children and persons adjudged mentally incompetent; to provide a person convicted shall not be admitted to bail, and for other purposes.
SB 184. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend Title 57 of the Code relating to interest and usury by adding a new section 57-118 to prohibit persons from charging for or procuring insurance in connection with loans where such insurance is a condition precedent to the loan, and for other purposes.
SB 188. By Senators Carlisle of the 51st and Edenfield of the 4th:
A Bill to be entitled an Act to amend Chapter 69-3 and Chapter 23-15 of the Code so as to provide that municipal corporations and counties shall be required to purchase policy of insurance insuring the public against damages and injuries arising from the operation of motor vehicles, and for other purposes.
SR 70. By Senator Millican of the 52nd:
A Resolution proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia to provide that the Homestead Exemption shall not apply to taxes which are limited in their application to the Fulton County School District and which are assessed and collected by the taxing authorities of Fulton County for the support and maintenance of education as recommended by the Fulton County Board of Education.

1180

JOURNAL OF THE HOUSE,

SR 71. 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 to provide that notwithstanding the 7% debt limitation provided in said article, section and paragraph, the debt incurred by the Fulton County Board of Education for the Fulton County School District may exceed 7% of the assessed value of all the taxable property in said school district but shall not exceed 10% thereof.

HB 710. By Messrs. Harper and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act creating the GriffinSpalding School System, and for other purposes.

HR 106. By Messrs. Watson of Dougherty, Gowen of Glynn and others:
A Resolution proposing to the qualified voters of Georgia an amendment to Article VII, Section I, paragraph IV, of the Constitution of Georgia, relating to exemptions from taxation; providing for the exclusion of church property except such property from which income is derived, and for other purposes.

HR 269. By Messrs. Hand and Twitty of Mitchell and others:
A Resolution naming the Hall of Our History on Pine Mountain as "Constitution Hall", and for other purposes.

HR 297. By Mr. Hand of Mitchell:
A Resolution creating the Georgia Waterways Commission, which shall consist of a chairman, who shall be appointed by the Governor from the State at Large, 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 468. By Messrs. McWhorter, Turner, and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act so as to provide per diem for members of the State Board of Examiners of Psychologists, and for other purposes.
HB 648. By Messrs. Willingham, Bentley, and Smith of Cobb:
A Bill to be entitled an Act to amend an Act so as to create a Parking Authority for the City of Marietta, and for other purposes.
HB 746. By Mr. Groover of Bibb: A Bill to be entitled an Act to provide for the dismissal of suits in courts which have been pending for five years or more, and for other purposes.
HB 795. By Mr. Green of Baldwin: A Bill to be entitled an Act to amend Section 35-236 of the Code of

FRIDAY, NOVEMBER 27, 1953

1181

Georgia so as to provide that a lunacy trial may be demanded by patients at the Milledgeville State Hospital, and for other purposes.

HB 797. By Mr. Sipple of Chatham:
A Bill to be entitled an Act to exempt attorneys from jury duty, and for other purposes.

HB 808. By Messrs. Gunter and Terrell of Hall. A Bill to be entitled an Act to require candidates for election to the House of Representatives from Hall County to qualify for a specific seat, and for other purposes.
HB 876. By Mr. Stephens of Clarke: A Bill to be entitled an Act to create an Art Commission for the State of Georgia, and for other purposes.
HB 886. By Mr. Dunaway of Polk: A Bill to be entitled an Act making it a misdemeanor to contribute to the delinquency of a minor, and for other purposes.
HB 901. By Messrs. Harper and Bolton of Spalding: A Bill to be entitled an Act to amend an Act creating the Griffin Retirement Pension System, and for other purposes.
HB 908. By Mr. Blackburn of Habersham: A Bill to be entitled an Act to create a new charter for the City of Clarkesville, and for other purposes.
HB 909. By Messrs. Register and Connell of Lowndes: A Bill to be entitled an Act to authorize the establishment of branch banks in certain municipalities, and for other purposes.

HB 910. By Messrs. Kemp and Foster 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.

HB 924. By Messrs. Hand and Twitty of Mitchell and others:
A Bill to be entitled an Act to amend an Act so as to authorize an additional method by which county boards of education may condemn private property, and for other purposes.

HB 926. By Mr. Harrell of Grady:
A Bill to be entitled an Act to incorporate the City of Whigham, and for other purposes.

1182

JOURNAL OF THE HOUSE,

HB 927. By Mr. Geer of Miller:
A Bill to be entitled an Act to abolish the City Court of Miller County, and for other purposes.
HB 928. By Mr. Stewart of Echols:
A Bill to be entitled an Act to authorize the Clerk of the Superior Court of Echols County to hold more than one office at one time, and for other purposes.

HB 929. By Messrs. Birdsong of Troup and Sivel of Harris:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of West Point, and for other purposes.
HB 930. By Messrs. Short and Barber of Colquitt:
A Bill to be entitled an Act to amend an Act so as to change the limitation on tax millage in the Town of Ellenton, and for other purposes.
HB 931. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the mayor and aldermen of the City of Roberta, and for other purposes.

HB 932. By Messrs. Turner, McWhorter, and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act so as to change the ad valorem tax rate in the City of Decatur, and for other purposes.

HB 933. 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 designation of clerks and managers to represent candidates at polling places in the City of Augusta, and for other purposes.
HB 934. By Messrs. Perkins and Duncan of Carroll.
A Bill to be entitled an Act to amend an Act so as to authorize the Town of Mount Zion to establish utilities within and without the corporate limits, and for other purposes.

HB 935. By Messrs. McWhorter, Turner, and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act so as to increase the compensation of the judge of the Civil Court of DeKalb County, and for other purposes.

HB 939. By Messrs. Graham, Holley, and Bell of Richmond:
A Bill to be entitled an Act to amend an Act so as to extend the city limits of the City of Augusta, and for other purposes.

FRIDAY, NOVEMBER 27, 1953

1183

HB 940. 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 composition of the Board of Health of Richmond County, and for other purposes.
HB 941. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend Section 24-2715 of the Code of of Georgia so as to provide for a single index book for instruments affecting personal property in certain counties, and for other purposes.
HB 942. By Mr. Drinkard of Lincoln:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner, and for other purposes.
HB 944. By Messrs. Murr and Horne of Sumter:
A Bill to be entitled an Act to amend an Act so as to increase the tax millage in the City of Americus, and for other purposes.
HR 39-202a. By Mr. Matthews of Clarke:
A Resolution compensating Mr. J. B. Polk for damages, and for other purposes.

HR 46-220b. By Mr. Connell of Lowndes:
A Resolution compensating Mrs. Lizzie Lundy for the death of her son, John Cession Lundy, and for other purposes.

HR 50-220f. By Mr. Tamplin of Morgan:
A Resolution compensating Mr. J. B. Bruce for damages, and for other purposes.

HR 51-220g. By Mr. Tamplin of Morgan:
A Resolution compensating Mr. R. H. Ridgway, Jr., for damages, and for other purposes.

HR 64-262d. By the Clerk's Office:
A Resolution compensating Mr. C. B. Wilson for damages, and for other purposes.

HR 65-262e. By the Clerk's Office:
A Resolution compensating Mr. Jarvis Johnson for damages, and for other purposes.

1184

JOURNAL OF THE HOUSE,

HR 71-262k. By Mr. Scoggin of Floyd:
A Resolution compensating Mr. James Taylor for damages, and for other purposes.

HR 118-362g. By Messrs. Adams and Brantley of Upson:
A Resolution compensating Mr. Claude L. Everett for injuries, and for other purposes.

HR 136-433b. By Mr. Coogle of Macon:
A Resolution compensating Mr. I. P. Cox for damages, and for other purposes.

HR 217-743c. By Messrs. Kemp and Foster of Clayton: A Resolution compensating Mr. Howard R. Watts for damages, ana for other purposes.
HR 222-743h. A Resolution authorizing the disposition of common stock in the Georgia Railroad and Banking Company, and for other purposes.
HR 223-743i. By Mr. Harrison of Wayne: A Resolution compensating Mr. Ernest E. Roberson for damages, and for other purposes.
HR 224-743j. By Mr. Moses of Montgomery: A Resolution compensating Trooper J. M. Moses of the Georgia State Patrol for injuries, and for other purposes.
HR 226-7431. By Mr. Moore of Pickens: A Resolution compensating Corporal Crawford Lee Hitt of the Georgia State Patrol for injuries, and for other purposes.
HR 231-743q. By Mr. McWhorter of DeKalb: A Resolution compensating Mr. Roy A. Pert for damages, and for other purposes.

HR 233-743s. By Dr. Mishoe of Tattnall:
A Resolution compensating Corporal J. W. Beasley of the Georgia State Patrol for injuries, and for other purposes.

HR 265-843k. By Messrs. Harris, McKenna, and Groover of Bibb:
A Resolution proposing a constitutional amendment authorizing Bibb County to enforce building and construction rules and regulations, and for other purposes.

FRIDAY, NOVEMBER 27, 1953

1185

HR 273-867a. By Messrs. Hand and Twitty of Mitchell and others: A Resolution proposing a constitutional amendment authorizing the General Assembly to provide by law for slum clearance by municipalities, and for other purposes.
HR 275-867c. By Mr. Wardlow of Turner: A Resolution compensating Mr. Henry C. Hill for injuries, and for other purposes.
HR 280-881c. By Messrs. Murr and Horne of Sumter:
A Resolution authorizing the conveyance of certain lands to Sumter County, and for other purposes.
HR 286-916a. By Mr. Drinkard of Lincoln:
A Resolution proposing a constitutional amendment providing for the election of the members of the Board of Education of Lincoln County by the people, and for other purposes.
HR 288-916c. By Messrs. Kemp and Foster of Clayton: A Resolution proposing a constitutional amendment authorizing Clayton County to incur additional indebtedness for the purpose of maintaining a system of waterworks and sewerage.
HR 289-916d. By Messrs. Williams and Trapnell of Bulloch: A Resolution proposing a constitutional amendment providing for the composition of the Board of Education of Bulloch County, and for other purposes.

HR 292-916g. By Messrs. Green and Parker of Baldwin and others:
A Resolution authorizing the conveyance and sale of certain land to the Baldwin County Hospital Authority, and for other purposes.

HR 293-916h. By Messrs. Hand and Twitty of Mitchell and others:
A Resolution authorizing the swapping of certain land in Harris County for park purposes, and for other purposes.

HR 300-935c. By Messrs. Bell, Holley, and Graham of Richmond:
A Resolution proposing a constitutional amendment authorizing the collection of license fees and taxes by Richmond County from places of business operating outside city limits, and for other purposes.

SB 158. By Senator Jordan of the 25th:
A Bill to be entitled an Act to change the time of holding the Superior Court of Talbot County, and for other purposes.

1186

JOURNAL OF THE HOUSE,

SB 164. By Senator Cheek of the 23rd:
A Bill to be entitled an Act to incorporate the City of Carsonville, and or other purposes.

SB 166. By Senator Ramsey of the 1st:
A Bill to be entitled an Act to convey certain property to Chatham county for highway purposes, and for other purposes.

SB 190. By Senator Clemmons of the 42nd:
A Bill to be entitled an Act to amend an Act so as to provide for the exclusion of certain teachers from the provisions of the Rome Retirement Fund, and for other purposes.

SR 74. By Senator Callaway of the 35th:
A Resolution authorizing the conveyance of certain lands to the Newton County Board of Education, and for other purposes.

SR 86. By Senator Callaway of the 35th:
A Resolution authorizing the appointment of a committee to investigate the financial status of the State Board of Regents and the University System of Georgia, and for other purposes.

By unanimous consent, the following bills of the House were taken up for consideration and read the third time:
HB 809. By Messrs. Gunter and Terrell of Hall: A Bill to be entitled an Act to amend an Act so as to change the compensation of the Commissioners 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 103, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 902. By Messrs. Barber and Short of Colquitt: A Bill to be entitled an Act to authorize the establil?hment of branch banks in certain municipalities, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 811. By Messrs. Greer of Lanier, Musgrove of Clinch and others: A Bill to be entitled an "Act to amend an Act so as to change the

FRIDAY, NOVEMBER 27, 1953

1187

compensation of the court reporter of the Alapaha 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 822. By Mr. Stevens of Marion:
A Bill to be entitled an Act to provide for the terms of the superior court of 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 106, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 900. By Mr. Holloway of Gilmer: A Bill to be entitled an Act to change the time for holding the superior court of Gilmer County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 903. By Mr. Rowland of Johnson: A Bill to be entitled an Act to provide for the payment of certain commissions to the tax receivers 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 904. By Mr. McGarity of Henry:
A Bill to be entitled an Act to provide for a salary for the tax commissioner 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.

1188

JOURNAL OF THE HOUSE,

HB 905. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to amend an Act so as to provide for elections of the Board of Commissioners of Roads and Revenues 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 110, nays 0. The bill, having received the requisite constitutional majority, was passed.

HE 911. By Messrs. Williams and Trapnell of Bulloch:
A Bill to be entitled an Act to provide for the composition of the boards of education 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.

HB 914. By Mr. Swindle of Berrien:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Tax Commissioner of Berrien 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 916. By Mr. Johnson of Twiggs:
A Bill to be entitled an Act to create the office of Commissioner of Roads and Revenues for Twiggs County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following bills of the House were withdrawn from the Committee on Special Judiciary, read the second time and recommitted to the Committee on Special Judiciary:

HB 906. By Messrs. Gowen and Nightingale of Glynn and others: A Bill to be entitled an Act to abolish the fee system as applied to the

FRIDAY, NOVEMBER 27, 1953

1189

office of the court reporter of the Brunswick Judicial Circuit, and for other purposes.

HB 907. By Mr. Buie of Camden:
A Bill to be entitled an Act to amend an Act creating the Brunswick Judicial Circuit and setting the dates for the terms of the courts thereof, and for other purposes.

By unanimous consent, the following bill of the House was withdrawn from the Committee on Counties and County Matters, read the second time and recommitted to the Committee on Counties and County Matters.

HB 818. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act so as to provide for the appointment of a City Manager for the City of Elberton, and for other purposes.

By unanimous consent, the following resolution of the House was ~thdrawn

from the Committee on Education No. 1, read the second time and recommitted

to the Committee on Education No. 1:



HR 299-935b. By Messrs. Williams of Franklin and Harrison of Jenkins:
A Resolution proposing a constitutional amendment providing for a state Board of Education to be composed of one member from each congressional district in the state, and for other purposes.

By unanimous consent, the following bill of the House was withdrawn from the Committee on Pensions, read the second time and recommitted to the Committee on Education No. 1:

HB 896. By Mr. Hall of Floyd: A Bill to be entitled an Act to amend an Act establishing a retirement system for certain teachers, and for other purposes.
By unanimous consent, the Clerk was directed to correct certain typographical errors appearing in the following bill of the House:
HB 839. By Messrs. Scoggin, Hicks, and Hall of Floyd: A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Rome, and for other purposes.
By unanimous consent, the following bill of the House was withdrawn from the Committee on Penitentiaries, read the second time and recommitted to the Committee on Penitentiaries:
HB 897. By Messrs. Tumlin of Bartow, Kemp of Clayton and others:
A Bill to be entitled an Act to require bonds of wardens and certain other custodial officers of penal institutions, and for other purposes.

1190

JOURNAL OF THE HOUSE,

By unanimous consent, the following resolution of the House was withdrawn from the Committee on General Judiciary No. 1, read the second time and recommitted to the Committee on General Judiciary No. 1:

HR 295-919a. By Messrs. Hollis of Muscogee, Gowen of Glynn, and Twitty of Mitchell:
A Resolution confirming rules of practice and procedure recommended by the Supreme Court of Georgia on November 23, 1953, and for other purposes.
By unanimous consent, the following bills of the House were withdrawn from the Committee on Ways and Means, read the second time and recommitted to the Committee on Ways and Means:

HB 899. By Messrs. Walker of Rockdale, Ivey of Newton, and others:
A Bill to be entitled an Act to amend an Act relating to personal exemptions allowed certain persons having minor children, and for other purposes.
HB 893. By Messrs. Ray of Warren and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act known as the Sales and Use Tax Act which provides procedure for credit where similar tax has been paid in another state, and for other purposes.
By unanimous consent, the following bill of the House was withdrawn from the Committee on Appropriations, read the second time and recommitted to the Committee on Appropriations:
HB 848. By Messrs. Ray of Warren, McCracken of Jefferson, and others:
A Bill to be entitled an Act to amend an Act so as to provide an appropriation to aid in establishing the Franklin D. Roosevelt Warm Springs Memorial Commission, and for other purposes.
By unanimous consent, the following resolution of the House was recommitted to the Committee on Amendments to the Constitution No. 2:
HR 236-743v. By Messrs. Mincy and Frier of Ware and Harrison of Wayne:
A Resolution proposing a constitutional amendment relating to the authority to provide for payment for bringing in the first oil well in the State, and for other purposes.

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

SB 175. By Senators Hall of the 15th; Jordan of the 25th; Singleton of the 24th; Parker of the 38th and Carlisle of the 51st:
A Bill to be entitled an Act to amend an Act to limit jurisdiction of ordinaries in entertaining writ of habeas corpus to be restricted in cases

FRIDAY, NOVEMBER 27, 1953

1191

involving custody of minor children and persons adjudged mentally iRcompetent; and for other purposes.
Referred to the Committee on State of Republic.

SB 184. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to interest and usury by adding a new Section 57-118 to prohibit persons from charging for or procuring insurance in connection with loans where such insurance is a condition precedent to the loan; and for other purposes.
Referred to the Committee on General Judiciary #1.

SB 188. By Senators Carlisle of the 51st and Edenfield of the 4th:
A Bill to be entitled an Act to amend Chapter 69-3 and 23-15 of the Code so as to provide that municipal corporations and counties shall be required to purchase policy of insurance insuring the public against damages and injuries arising from the operation of motor vehicles; and for other purposes.
Referred to the Committee on State of Republic.

SR 70. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution to provide that the Homestead Exemption shall not apply to taxes which are limited in their application to the Fulton County School District, etc, and for other purposes.
Referred to the Committee on Amendment to Constitution # 1.
SR 71. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution to provide that notwithstanding the 7% debt limitation provided in said article, section and paragraph, the debt incurred by the Fulton County Board of Education for the Fulton County School District may exceed 7% of the assessed value of all the taxable property in said school district but shall not exceed 10% thereof.
Referred to the Committee on Amendment to Constitution #1.

Under the regular order of business, the following resolution of the House was taken up for consideration and read the third time:

HR 277-867e. By Mr. Adams of Upson.
A Resolution authorizing the appointment of a committee to investigate the Insurance Commissioner, and for other purposes.
The following committee substitute was read:
A RESOLUTION
Providing for the appointment of a Joint Committee of the Senate and House of Representatives to investigate certain charges and rumors of charges against the Insurance Commissioner.

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JOURNAL OF THE HOUSE,

WHEREAS, certain charges of misconduct have been circulated against the Honorable Zack D. Cravey, Comptroller General of the State of Georgia and ex-officio Insurance Commissioner of the State of Georgia; and,
WHEREAS, the Insurance Commissioner has been charged with improper conduct in the matter of the alleged purchase of an automobile; and,
WHEREAS, it is in the public interest that said matter be thoroughly investigated by an impartial committee of the General Assembly;
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING:
1. That a joint committee to be composed of twelve (12) members of the House of Representatives, to be designated by the Speaker, and six (6) members of the Senate, to be designated by the Lieutenant Governor, be, and the same is hereby, established for the purpose of investigating said charges and rumors of charges against the Insurance Commissioner.
2. Said Committee shall perfect its own organization and shall sit at such times and places as may be convenient to the Committee. It shall make a thorough investigation into any charge that the Insurance Commissioner has accepted gifts, favors, emoluments or bribes from insurance companies doing business in Georgia over which the Insurance Commissioner has jurisdiction. The Committee shall make its report with such recommendations as it may deem proper, to both Houses, within ten days from the adoption of this Resolution by both Houses, but in no event later than five days before the adjournment of the present Session of the General Assembly.
3. The Committee shall have power to summon witnesses and to require the production of documents. It shall make such record of the proceedings before it as the Committee may deem proper. The Attorney General shall be the legal advisor of the Committee and shall render such legal services and other assistance as the Committee may require.

The following amendments to the committee substitute were read and lost:
Mr. Adams of Upson moves to amend the committee substitute to HR 277867e by changing the semi-colon in the second paragraph of the preamble to a comma and adding the following language: "and members of l:iis staff;".
Mr. Adams of Upson moves to amend the committee substitute to HR 277867e by changing the period at the end of paragraph numbered one (1), of the body of said resolution to a comma and adding the following language: "and members of his staff."
Mr. Adams of Upson moves to amend the committee substitute to HR 277867e by striking the words "within ten days from the adoption of this resolution by both Houses, but in no event later than five days before the adjournment of the present session of the General Assembly," and substituting in lieu thereof the following language: "within a reasonable length of time."
The substitute to HR 277-867e was adopted.

FRIDAY, NOVEMBER 27, 1953

1193

The report of the committee, which was .favorable to the adoption of the resolution, by substitute, was agreed to.
The resolution was adopted by substitute.
Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
HB 755. By Messrs. McGarity of Henry, Kemp of Clayton, and others:
A Bill to be entitled an Act to amend Section 92-3109 of the Code of Georgia so as to classify as a business expense the cost of providing for the care of children under 16 years under certain circumstances, and for other purposes.
The following amendment was read and adopted:
Mr. Coker of Walker moves to amend HB 755 by striking therefrom the figures $3,000.QO wherever they appear and inserting in lieu thereof the figures $3,500.00.
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 111, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.
The following resolution of the Senate was read and adopted:
SR 86. By Senator Callaway of the 35th:
A Resolution authorizing the appointment of a committee to investigate the financial status of the State Board of Regents and the University System of Georgia, 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 234-743t. By Mr. Greene of Crisp:
A Resolution compensating Mr. N. Aldo Harrison for damages, 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 652. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act so as to bring within the provisions of the teacher retirement system full-time employees of the Georgia School Boards Association, and for other purposes.

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JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 664. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act so as to provide for certain qualifications for receiving credit for prior service under the teacher 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 249-790h. By Messrs. Watson and Gardner of Dougherty:
A Resolution confirming a deed to the City of Albany of certain property in Cheehaw State Park, 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 107-337k. By Mr. Lokey of Fulton:
A Resolution compensating Mr. Clyde E. Sinyard for damages, 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.

HR 122-398a. By Mr. Lokey of Fulton:
A Resolution compensating Mrs. Grady B. Campbell for damages, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Special Appropriations moves to amend HR 122-398a by striking therefrom wherever the same appears in said Resolution the figures and amounts of $1,141.00 and substitute therefor the figures and amounts of $1,189.00.

FRfDAY, NOVEMBER 27, 1953

1195

The report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.
On the adoption of the resolution, as amended, the ayes were 106, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 752. By Messrs. Strickland of Brantley, Deen of Bacon, and others:
A Bill to be entitled an Act to amend an Act so as to provide for the erection of Welcome Stations at the entrance of Federal Highways into the State by the Department of Corrections, and for other purposes.
The following amendment was read and adopted:
Mr. Strickland of Brantley moves to amend House Bill No. 752 as follows:
By amending the title by inserting after the word, "Corrections" in the fifth line the words, "or by private contract,"
And by striking from the title the phrase beginning in the twelfth line which reads as follows: "to provide for an appropriation of $150,000.00 from any unappropriated surplus funds in the State Treasury; to provide for allotment of funds by the Budget Bureau until the above appropriation is available;" and by substituting in lieu thereof the words, "to provide that the Governor shall have authority, in his discretion, to use any available funds and the contingent appropriations fund for carrying out the provisions in this Act,"
By striking from said bill Section 2 and substituting in lieu thereof the following: "The Governor shall have authority to direct and provide for the construction and building at or near the point of entrance into this State of any Federal Highway, Welcome Stations, which shall perform the functions hereinafter prescribed." The Governor in his discretion may direct that such construction be let by private contract or be performed by the Department of Corrections,
By striking therefrom Section 7 and substituting in lieu thereof the following: "The Governor in his discretion, is authorized to use any available funds and the Contingent Appropriations Fund for the purpose of carrying out 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 106, nays 2.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 855. By Mr. H. Smith of Fulton:
A Bill to be entitled an Act to amend Section 113-1518 of the Code of Georgia regulating and limiting investments by executors and administrators, and for other purposes.

1196

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 1.
The bill, having received the requisite constitutional majority, was passed.

HB 640. By Messrs. Potts of Coweta and Campbell of Oconee:
A Bill to be entitled an Act to amend the Marks and Brands Laws 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 103, nays 2.
The bill, having received the requisite constitutional majority, was passed.
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, A. M., Monday, November 30, 1953.

MONDAY, NOVEMBER 30, 1953

1197

Representative Hall, Atlanta, Georgia. Monday, November 30, 1953.

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 Reverend Harry Ragan, Pastor, Blue Creek Baptist Church, Cleveland, Georgia.

By unanimous consent, the roll call was dispensed with.
Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of the proceedings for Friday, November 27, 1953, 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. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 of the House were read the first time and referred to the committees :
HB "971. By Messrs. Harris, Groover and McKenna of Bibb, Holton and Hayes of Coffee:
A Bill to be entitled an Act to provide that the State Board of Education may expend funds outside the State for the education and rehabilitation of physically handicapped children for which there are no facilities for education -or rehabilitation in Georgia; and for other purposes.
Referred to the Committee on Academy for the Blind.
HB 972. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act providing for the formation of cooperative nonprofit electric membership corporations, and for other purposes.
Referred to the Committee on State of Republic.

1198

JOURNAL OF THE HOUSE,

HB 973. By Messrs. Henderson of Atkinson, Deen of Bacon, Ayers of Madison, Matheson of Hart, Lifsey of Lamar, Wooten of Randolph, Britton of Whitfield, and others :
A Bill to be entitled an Act to amend an Act relating to motor vehicle license tags, so as to provide that each such license tag shall bear a prefix showing the relative population of the county wherein the owner of such vehicle resides, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 974. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act providing a complete and comprehensive Vital Statistics Law for Georgia, so as to provide that a dead body may be moved anywhere within this State or otherwise disposed of so long as a certificate of death is filed within fortyeight hours after such death occurs or such dead body is found; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 975. By Mr. Little of Peach:

A Bill to be entitled an Act to amend an Act so as to provide for a permanent registration list for voters of the City of Fort Valley, and for other purposes.
Referred to the Committee on Municipal Government.

HB 976. By Mr. Deen of Bacon:
A Bill to be entitled an Act to enable Bacon County and the City of Alma, to establish a joint planning Commission, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 977. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act to amend an Act to abolish justice courts and the office of the Justice of the Peace in Columbus, and for other purposes.
Referred to the Committee on Municipal Government.
HB 978. By Messrs. Scoggin, Hall and Hicks of Floyd:
A Bill to be entitled an Act to amend an Act entitled "An Act to change from the fee to the salary system in certain counties in Geor~ gia the Clerk of the Superior Court, the Sheriff, the Ordinary, the Tax Collector, and the Tax Receiver, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 979. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to authorize the County Board of Commissioners for the County of Bibb to prescribe, administer and enforce rules, regulations, conditions and standards for the planning, construe-

MONDAY, NOVEMBER 30, 1953

1199

tion, drainage, surfacing and maintenance of roads, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 980. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues of Henry County, to provide that the Treasurer of Henry County publish an itemized statement of county receipts, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 981. By Mr. Weems of Chattooga:
A Bill to be entitled an Act to amend an Act creating the City Court of Chattooga County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 982. By Messrs. Birdsong and Groover of Troup:
A Bill to be entitled an Act to amend an Act providing a pension system for the employees of Troup County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 983. By Messrs. Groover, Harris and McKenna of Bibb:
A Bill to be entitled an Act to repeal an Act entitled "An Act to amend the Act of the General Assembly of Georgia re-enacting and amending the Charter of the City of Macon; by authorizing the Board of Water Commissioners to provide for the retirement of employees of the Board of Water Commissioners on account of disability or age, etc., and for other purposes.
Referred to the Committee on Municipal Government.

HB 984. By Mr. Tallant 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.

HB 985. By Mr. Tallant of Cherokee:
A Bill to be entitled an Act to place the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 306-985a. By Mr. Boggus of Ben Hill: A Resolution providing for eligibility of members of the Standing and

1200

JOURNAL OF THE HOUSE,

Special Committees of the General Assembly, and for other purposes. Referred to the Committee on Rules.

HR 307-985b. By Messrs. Chastain and Willis of Thomas:
A Resolution to compensate Rev. Graham Oglesby for damages to his automobile by a State Highway truck, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 308-985c. By Messrs. McKenna, Harris and Groover of Bibb:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to delegate to the County board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.

HR 309-985d. By Messrs. Parker and Green of Baldwin: A Resolution to appoint a joint committee to study Juvenile Delinquency and the training school system; and for other purposes.
Referred to the Committee on Training Schools.
Mr. Campbell of Oconee County, Chairman of the Committee on Agriculture No. 1, submitted the following report: Mr. Speaker:
Your Committee on Agriculture No. 1 has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 951. Do Pass.
Respectfully submitted,
Campbell of Oconee,
Chairman.

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:
SR 70.
SR 71.
HR 304-957c.

MONDAY, NOVEMBER 30, 1953

1201

HR 305-969a.

Respectfully submitted, Freeman of Monroe, Chairman.

Mr. Freeman of Monroe County, Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report:
Mr. Sperker:
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 246-790e. Do Pass.
Respectfully submitted,
Freeman of Monroe,
Chairman.

Mr. Lavender of Elbert 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 818. Do Pass as amended.
HB 963. Do Pass.
HB 966. Do Pass.
HB 969. Do Pass.
Respectfully submitted, Lavender of Elbert, Chairman.

Mr. Hall of Floyd County, Chairman of the Committee on Education #1, submitted the following report:

Mr. Speaker:

Your Committee on Education #1 had 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 896. Do Pass.

Respectfully submitted,

Hall of Floyd,

Chairman.

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JOURNAL OF THE HOUSE,

Mr. Duncan of Carroll County, Chairman of the Committee on Education
# 2, submitted the following report:
Mr. Speaker: Your Committee on Education No. 2 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 946. Do Pass.
Respectfully submitted, Duncan of Carroll, Chairman.

Mr. Edenfield of Mcintosh 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 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 948. Do Pass. Respectfully submitted,
Edenfield of Mcintosh,
Chairman.

Mr. Kemp of Clayton County, Chairman of the Committee on Penitentiary, submitted the following report:
Mr. Speaker: Your Committee on Penitentiary has had under consideration the following
Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 897. Do Pass as amended. Respectfully submitted,
Kemp of Clayton,
Chairman.

Mr. Wooten of Randolph 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

MONDAY, NOVEMBER 30, 1953

1208

following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 219-743e. Do Pass. Respectfully submitted, Wooten of Randolph, Chairman.

Mr. Smith of Cobb County, Vice 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 907. Do Pass.
Respectfully submitted,
Smith of Cobb,
Vice Chairman.

Mr. Brooks of Oglethorpe 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 913. Do Pass.
Respectfully submitted,
Brooks of Oglethorpe,
Chairman.

Mr. Brooks of Oglethorpe 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 906. Do Pass.
Respectfully submitted,
Brooks of Oglethorpe, Chairman.

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JOURNAL OF THE HOUSE,

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 899. Do Pass.
HB 949. Do Pass.
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 963. By Mr. Stewart of Echols:
A Bill to be entitled an Act to amend an Act establishing a county court in Echols County, and for other purposes.

HB 966. By Messrs. Groover, Harris, and McKenna of Bibb:
A Bill to be entitled an Act to require all candidates for election to a public office in Bibb County to name an opponent, and for other purposes.

HB 969. By Mr. Tallant of Cherokee:
A Bill to be entitled an Act to amend an Act so as to provide that the clerks of the superior courts iii certain counties may provide separate index books for recording instruments affecting real estate and personal property, and for other purposes.

HR 219-743e. By Messrs. Tarbutton and Moye of Washington:
A Resolution naming State Highway 102 as the Bolden S. Cobb Highway, and for other purposes.

HR 246-790e. By Messrs. Lovett and Gilder of Laurens:
A Resolution proposing a constitutional amendment providing that the Grand Jury of Laurens County shall select members of the Board of Education, and for other purposes.

HR 304-957c. By Messrs. Holton and Hayes of Coffee:
A Resolution proposing a constitutional amendment authorizing the reorganization of the public schools of Coffee County by the Board of Education, and for other purposes.

MONDAY, NOVEMBER 30, 1953

1205

HR 305-969a. By Messrs. Holton and Hayes of Coffee:
A Resolution proposing a constitutional amendment providing for the self-government of Coffee County, and for other purposes.

SR 70. By Senator Millican of the 52nd:
A Resolution proposing a constitutional amendment providing that the Homestead Exemption shall not apply to taxes which limited in their application to the Fulton County School District, and for other purposes.

SR 71. By Senator Millican of the 52nd:
A Resolution proposing a constitutional amendment providing that the debt incurred by the Fulton County Board of Education may exceed 7% of the assessed value of the taxable property in the school district, and for other purposes.

HB 913. By Mr. Johnson of Twiggs:
A Bill to be entitled an Act to amend an Act so as to change the terms of holding superior court in Twiggs County, and for other purposes.

HB 946. By Mr. Perkins of Carroll:
A Bill to be entitled an Act to amend Section 32-915 of the Code of Georgia so as to provide procedure for consolidating school districts, and for other purposes.

HB 948. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act so as to provide for a fishing permit for nonresidents, and for other purposes.

HB 949. By Messrs. Ray of Warren, Adams of Evans, and others:
A Bill to be entitled an Act to amend an Act so as to make it clear that "hot" tractor fuel is not subject to the motor fuel tax under certain circumstances and for other purposes.

HB 951. By Messrs. Phillips of Walton, Campbell of Oconee, and others:
A Bill to be entitled an Act to require that all livestock weights taken at livestock sales establishments be taken by certified public weighers, 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 907. By Mr. Buie of Camden:
A Bill to be entitled an Act to amend an Act creating the Brunswick Judicial Circuit and setting the dates for the terms of the courts thereof, and for other purposes.

1206

JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 818. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act so as to provide for the appointment of a City Manager for the City of Elberton, and for other purposes.
The following committee amendment was read and adopted:
The Committee on County and County Matters moves to amend House Bill #818 by striking Section 15 of said bill in its entirety and substituting in lieu thereof a new Section 15 to read as follows:
"Section 15. If the election held pursuant to Section 14 of this Act shall result in a vote favoring approval of this Act, there shall then and in that event be held an election on the Second Wednesday in December, 1954, for the purpose of electing a Mayor and five Councilmen, one from each of the five wards of said City, as provided by said Act of 1896 incorporating the City of Elberton, as amended. The candidate for Mayor and the three candidates for Councilmen receiving the highest number of votes shall be elected for a term of two years from the time of the election and until their successors are elected and qualified, and the two candidates for Councilmen receiving the next highest number of votes shall be elected for a term of one year from the time of their election and until their successors are elected and qualified. At all subsequent elections all of the elective officers of said city shall be elected for terms of two years, electing a Mayor and three Councilmen one year and two Councilmen the next alternately."

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 808. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to require candidates for election to the House of Representatives from Hall County to qualify for a specific seat, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, NOVEMBER 30, 1953

1207

HB 901. By Messrs. Harper and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act creating the Griffin Retirement Pension 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 908. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to create a new charter for the City of Clarkesville, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 909. By Messrs. Register and Connell of Lowndes:
A Bill to be entitled an Act to authorize the establishment of branch banks in certain 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 910. By Messrs. Kemp and Foster 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 926. By Mr. Harrell of Grady: A Bill to be entitled an Act to incorporate the City of Whigham, and for other purposes.
The report 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 passeci.

1208

JOURNAL OF THE HOUSE,

HB 927. By Mr. Geer of Miller: A Bill to be entitled an Act to abolish the City Court of Miller County, and for other purposes.
The report of the committee, which was favorable 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 928. By Mr. Stewart of Echols: A Bill to be entitled an Act to authorize the Clerk of the Superior Court of Echols County to hold more than one office at 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 112, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 929. By Messrs. Birdsong of Troup and Sivell of Harris: A Bill to be entitled an Act to amend an Act so as to change the corporate limits of 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 113, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 930. By Messrs. Short and Barber of Colquitt: A Bill to be entitled an Act to amend an Act so as to change the limitation on tax millage in the Town of Ellenton, and for other purposes.
The report 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 931. By Mr. Murphy of Crawford:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the mayor and aldermen of the City of Roberta, and for other purposes.

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

MONDAY, NOVEMBER 30, 1953

1209

On the passage of the bill, the ayes were 115, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 932. By Messrs. Turner, McWhorter, and Rutland of DeKalb.
A Bill to be entitled an Act to amend an Act so as to change the ad valorem tax rate in 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 933. 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 designation of clerks and managers to represent candidates at polling places 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 117, nays 0.
The bill, having received the requisite constitutional majoritY, was passed.

HB 934. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act so as to authorize the Town of Mount Zion to establish utilities within and without the corporate limits, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 935. By Messrs. McWhorter, Turner and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act so as to increase the compensation of the judge of the Civil Court of DeKalb County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 940. 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

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JOURNAL OF THE HOUSE,

composition of the Board of Health 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 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 941. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act so as to provide for a single index book for instruments affecting personal property 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 121, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 648. By Messrs. Willingham, Bentley, and Smith of Cobb:
A Bill to be entitled an Act to amend an Act so as to create a Parking Authority for the City of Marietta, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Municipal Government moves to amend House Bill No. 648, by adding thereto a new Section to be appropriately numbered and to read as follows:
"Section 27. The provisions and terms for the salary, compensation, and expenses of and for the Mayor together with the amount thereof, as now contained in the Charter of the City of Marietta, shall remain of full force and effect for and during the years of 1954 and 1955, and annually thereafter.
And they further move to amend House Bill No. 648 by adding another new Section thereto and to be appropriately numbered and to read, as follows:
"Section 28. In addition to the salary, or compensation as now provided for in and by the Charter of the City of Marietta for the Councilmen for "Council Meetings", each councilman shall receive from and after January 1, 1954, for attending Council-Committee meetings and for his expenses in attending to City business affairs such sum, when added to the total salary as now authorized by the Charter for "Council Meetings" shall equal but not exceed the combined sum of six-hundred and fifty dollars ($650.00) per year, and such combined, or total, sum may be paid in equal installments, quarterly."
And they move to amend House Bill No. 648 further by adding thereto a new Section to be appropriately numbered and to read as follows:
"Section 29. All territory, parcels of land and areas annexed to,

MONDAY, NOVEMBER 30, 1953

1211

or purported to be incorporated within the City limits of Marietta, Georgia, under and by virtue of section, or statute, 69-901 of the 1933 Ga. Code, Annotated, Ga. Laws, or Acts of 1946, p. 136, as amended, pertaining to 'Annexation By Ordinance in Certain Cases', or otherwise, are hereby confirmed, ratified as annexed lands within the corporate limits of the said City, and all such territory, lands, and areas as more fully described by metes, bounds, surveys, sketches. and maps thereof as adopted by the Ordinances and resolutions of the said City with copies thereof filed with the Secretary of the State of Georgia (a reference thereto is hereby made and the descriptions, metes, and boundaries adopted) are hereby annexed to, included within, and constitute a part of the lands within the corporate limits of the City of Marietta".

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

HB 942. By Mr. Drinkard of Lincoln:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Lincoln 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 123, nays 0.
The bill, having received the requisite constitutional majority, was passed.

.HJI 944. By Messrs. Murr and Horne of Sumter:
A Bill to be entitled an Act to amend an Act so as to increase the tax millage in 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 124, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 164. By Senator Cheek of the 23rd:
A. Bill to be entitled an Act to incorporate the City of Carsonville, and for other purposes.

The report 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.

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JOURNAL OF THE HOUSE,

SB 190. By Senator Clemmons of the 42nd:
A Bill to be entitled an Act to amend an Act so as to provide for the exclusion of certain teachers from the provisions of the Rome Retirement Fund, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 126, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 158. By Senator Jordan of the 25th:
A Bill to be entitled an Act to change the time of holding the Superior Court of Talbot County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes we:re 127, 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 and Senate to wit:

SB 182. By Senator Roper of the 19th:
A Bill to abolish the Board of Commissioners of Roads and Revenues of Greene County and create the office of Commissioner of Roads and Revenues; to provide for advisory board commissioner districts, and for other purposes.

SB 193. By Senator Stoddard of the 50th:
A Bill to repeal an Act relating to the handling of county funds in Wilkes County and to amend an Act creating a Board of County Commissioners so as to confer on said Commissioner authority and powers as to county finances, and for other purposes.

SB 199. By Senator Hall of the 15th:
A Bill to amend an Act creating a new charter for the City of Vidalia, approved Aug. 8, 1922 (Ga. Laws 1922, p. 1004), as amended, so as to provide for the meeting at which the Mayor and Council shall elect City Tax Assessors; to repeal conflicting laws, and for other purposes.

SB 203. By Senator Stoddard of the 50th:
A Bill to amend an Act creating a new charter for the City of Washington, Georgia, approved July 29, 1929, so as to change the term of office

MONDAY, NOVEMBER 30, 1953

1213

for the Mayor and Council to four years; to provide that at the election the Mayor and Council shall be elected for four years, three other Councilmen for two years, and for other purposes.

SB 210. By Senator Millican of the 52nd:
A Bill to amend an Act which provides for a Civil Service Board in Fulton County so as to provide one part-time deputy for supervising and holding elections in Fulton County under the authority of the Ordinary, and for other purposes.

SB 214. By Senator Millican of the 52nd:
A Bill to amend Section 92-6201 relating to time of making tax returns by striking the exemption pertaining to counties of 200,000 or more, and for other purposes.

HB 170. By Messrs. Haar and Sipple of Chatham:
A Bill relating to and incorporating the Mayor and Aldermen of the City of Savannah; to provide for a council Manager form of Government for said City, and for other purposes.

HB 701. By Messrs. Perkins and Duncan of Carroll:
A Bill to amend an Act creating and adopting a new charter for the Town of Temple, and for other purposes.

HB 703. By Messrs. Conger and Cloud of Decatur:
A Bill to incorporate the City of West Bainbridge in the County of Decatur, and for other purposes.

HB 704. By Messrs. Conger and Cloud of Decatur:
A Bill to amend an Act to create a Board of Commissioners of Roads and Revenue of the County of Decatur, and for other purposes.

HB 706. By Messrs. Potts and Blalock of Coweta:
A Bill to require all candidates for nomination and election to the House of Representatives of the General Assembly of Georgia from Coweta County to designate and qualify for a specific seat, and for other putposes.
HB 707. By Mr. Green of Rabun:
A Bill to consolidate the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County, and for other purposes.
HB 708. By Mr. Buie of Camden:
A Bill to authorize and direct the City of Kingsland to close permanently that certain alley running through block 19, and to direct the execution of deeds to the abutting property owners for the fee simple title thereto, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 711. By Messrs. Perkins of Carroll, Blalock of Coweta and others:
A Bill to repeal an Act and to provide for the payment of supplemental compensation to the judge of the Superior Court of the Coweta Circuit, and for other purposes.

HB 715. By Mr. Lifsey of Lamar:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Lamar County, and for other purposes.

HB 716. By Messrs. Gowen and Nightingale of Glynn:
A Bill to provide retirement compensation for the ordinary of Glynn County, and for other purposes.

HB 717. By Messrs. Nightingale and Gowen of Glynn:
A Bill to amend the Charter of the City of Brunswick, and for other purposes.

HB 718. By Mr. Lifsey of Lamar:
A Bill to supplement compensation for the Clerk of the Superior Court of Lamar County, and for other purposes.

HB 719. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to repeal an Act entitled "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.

HB 720. By Mr. Coogle of Macon:
A Bill to amend an Act so as to increase the salary of the judge of the city court of Oglethorpe in Macon County, and for other purposes.

HB 723. By Messrs. Connell and Register of Lowndes:
A Bill to amend an Act creating the City Court of Valdosta, in Lowndes County, and for other purposes.

HB 725. By Mr. Buie of Camden:
A Bill closing off certain streets in the City of Saint Marys, in Camden County, and for other purposes.

HB 726. By Mr. Wardlow of Turner:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Turner County, and for other purposes.

HB 728. By Mr. Wardlow of Turner:
A Bill to amend an Act creating a new charter for the City of Ashburn; so as to change the qualifications of voters in city elections, and for other purposes.

MONDAY, NOVEMBER 30, 1953

1215

HB 742. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to amend an Act so as to provide a pension to certain disabled employees of the City of Atlanta, and for other purposes.

HB 743. By Mr. Moore of Pickens:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues of Pickens County; so as to change the compensation of the Commissioner, and for other purposes.

HB 766. By Messrs. Hollis, Young and Pickard of Muscogee:
A Bill vesting in the City of Columbus power and authority to sell and convey to the abutting owner on the east the fee simple title to that part of Eighth Avenue in said City of Columbus, and for other purposes.

HB 767. By Messrs. Stephens and Matthews of Clarke:
A Bill to amend an Act entitled "An Act to amend the Charter of the Town of Athens", and for other purposes.

HB 771. By Messrs. Stephens and Matthews of Clarke:
A Bill to amend an Act entitled "An Act to amend the Charter of the Town of Athens", and for other purposes.

HB 772. By Messrs. Stephens and Matthews of Clarke:
A Bill to amend an Act entitled "An Act to amend the Charter of the Town of Athens, relating to all primary and general elections", and for other purposes.

HB 780. By Mr. Adams of Evans:
A Bill to amend an Act so as to change the compensation of the members of the Board of Commissioners of Roads and Revenues for Evans County, and for other purposes.

HB 782. By Messrs. Weems and Floyd of Chattooga:
A Bill to require the naming of an incumbent vpponent by candidates for election to the House of Representatives from Chattooga County, and for other purposes.

HB 730. By Mr. Dean of Towns:
A Bill to amend Section 32-904 of the Code of Georgia so as to increase the compensation of the members of the county boards of education in certain counties, and for other purposes.

HB 736. By Messrs. Mincy and Frier of Ware:
A Bill to amend an Act amending the charter of the City of Waycross; providing for compensation of the City Manager, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 737. By Messrs. Kemp and Foster of Clayton:
A Bill to repeal an Act incorporating the City of Lake Tara; and for other purposes.

HB 738. By Messrs. Kemp and Foster of Clayton:
A Bill to amend an Act creating the City Court of Clayton County, so as to change the compensation of the Judge and the Solicitor of said City Court, and for other purposes.

HB 739. By Messrs. Kemp and Foster of Clayton:
A Bill to amend an Act consolidating the office of Tax Receiver and Tax Collector of Clayton County into the one office of Tax Commissioner, and for other purposes.

HB 740. By Messrs. Kemp and Foster of Clayton:
A Bill to amend an Act placing the Clerk of the Superior Court and the Sheriff of Clayton County on a salary rather than a fee basis, and for other purposes.

HB 741. By Messrs. Kemp and Foster of Clayton:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues for Clayton County; so as to change the compensation of the Commissioner, and for other purposes.

HB 784. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A Bill to amend the charter of the City of Decatur; granting power to said City to operate and maintain lots for the parking of vehicles, and for other purposes.

HB 785. By Mr. Whitener of Whitfield:
A Bill to amend the charter of the City of Dalton, so as to change the amount of ad valorem tax which may be levied by the City of Dalton, and for other purposes.

HB 788. By Mr. Stevens of Marion:
A Bill to amend an Act entitled "An Act to fix the salary of the Treasurer of Marion County", and for other purposes.

HB 789. By Mr. Stevens of Marion:
A Bill to amend an Act creating a new charter for the City of Buena Vista, so as to authorize the employment of tax experts for said City, and for other purposes.

HB 698. By Mr. Baughman of Early:
A Bill to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes.

MONDAY, NOVEMBER 30, 1953

1217

HB 699. By Messrs. Gardner and Watson of Dougherty:
A Bill to provide that the Board of Commissioners of Roads and Revenues of Dougherty County may pay additional compensation to the Tax Receiver of Dougherty 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 and resolutions of the House to wit:

HB 644. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to amend Act No. 210, which relates to the creation, duties, etc., of the Board of Commissioners of Roads and Revenues of Hall County, and for other purposes.

HB 712. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to ratify and confirm the action of the Mayor and Council of the City of Barnesville, in opening certain streets in said 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 and resolutions of the House to wit:
HB 606. By Messrs. Carswell of Burke, Scoggin of Floyd and others:
A Bill to regulate the taking and killing of rabbits or hares, and to provide for seasons and bag limits; to provide that rabbits or hares killed or taken cannot be sold, and for other purposes.

The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:
SB 180. By Senator Millican of the 52nd:
A Bill to amend an Act defining, classifying and regulating the sale of securities in this State approved March 3, 1953, so as to require licensing of all loan companies by the Commissioner of Securities, and for other purposes.
By unanimous consent, the following bill of the House was withdrawn from the Committee on Industrial Relations, read the second time and recommitted to the Committee on Industrial Relations:
HB 891. By Messrs. Williams of Franklin, Matheson of Hart and Ayers of Madison:
A Bill to be entitled an Act to provide for furnishing of seating for

1218

JOURNAL OF THE HOUSE,

elevator operators, and for other purposes.

By unanimous consent, the following bills of the House were withdrawn from the Committee on Counties and County Matters, read the second time and recommitted to the Committee on Counties and County Matters:

HB 762. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to provide that all primary elections for the election of county officials in the County of Laurens shall be held at the same time as elections for members of the House of Representatives, and for other purposes.

HB 964. By Messrs. Groover and Harris of Bibb:
A Bill to be entitled an Act to provide the manner in which a person may become elected to public office in Bibb County, and for other purposes.

HB 965. By Messrs. Groover and Harris of Bibb:
A Bill to be entitled an Act to require that all candidates for election in the City of Macon must qualify for a specific seat, and for other purposes.
By unanimous consent, the following resolution of the House was withdrawn
from the Committee on General Judiciary # 1, read the second time and recommitted to the Committee on General Judiciary # 1 :
HR 303-957b. By Mr. Dews of Calhoun: A Resolution proposing a constitutional amendment providing for the division of Calhoun County into five school districts, and for other purposes.
By unanimous consent, the following Resolution of the House was 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 302-957a. By Messrs. Willis and Chastain of Thomas: A Resolution proposing a constitutional amendment providing for the merger of the school systems of the City of Thomasville and of Thomas County, and for other purposes.

By unanimous consent, the following bill of the House was withdrawn from the Committee on State of Republic, read the second time and recommitted to the Committee on State of Republic:

HB 959. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A Bill to be entitled an Act to amend an Act so as to provide that all records of the State Board of Pardons and Paroles shall be classified as State secrets, and for other purposes.

MONDAY, NOVEMBER 30, 1953

1219

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

HB 757. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act so as to change the period of time for which public utility franchises will be granted by the City of Dublin, and for other purposes.

HB 759. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act so as to authorize the employment of tax experts by the City of Dublin, and for other purposes.

HB 763. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act so as to establish a Water, Light and Gas Commission for the City of Dublin, and for other purposes.

HB 912. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act relating to primary elections in the City of Dublin, and for other purposes.

By unanimous consent, the following bill of the House was withdrawn from the Committee on Motor Vehicles, read the second time and recommitted to the Committee on Military Affairs:

HB 950. By Messrs. Hand and Twitty of Mitchell and others:
A Bill to be entitled an Act to provide for the issuance of special license tags to members of the Georgia National Guard, and for other purposes.

By unanimous consent, a copy was established for the following bill of the House and same was placed on the Calendar for the purpose of considering the the unfavorable report of the committee thereon:

HB 362. By Messrs. Stewart of Echols, Register of Lowndes, 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.

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

SB 193. By Senator Stoddard of the 50th:
A Bill to be entitled an Act to repeal an Act relating to the handling of county funds in Wilkes County and to amend an Act creating a Board of County Commissioners, and for other purposes.
Referred to the Committee on Counties and County Matters.

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JOURNAL OF THE HOUSE,

SB 214. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to time of making tax returns in counties of 200,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 210. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act which provides for a Civil Service Board in Fulton County so as to provide one part-time deputy for supervising and holding elections in Fulton County under the authority of the ordinary, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 203. By Senator Stoddard of the 50th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City Of Washington, and for other purposes.
Referred to the Committee on Municipal Government.

SB 199. By Senator Hall of the 15th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vidalia, and for other purposes.
Referred to the Committee on Municipal Government.

SB 182. By Senator Roper of the 19th:
A Bill to be entitled an Act to abolish Board of Commissioners of Roads and Revenues of Greene County, and create the office of Commissioner of Roads and Revenues, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 180. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act defining, classifying and regulating the sale of securities in this State, so as to require the licensing of all loan companies by the Commissioner of Securities, and for other purposes.
Referred to the Committee on General Judiciary # 1.
Under the regular order of business, the following bill of the House was ta'ken up for consideration and read the third time:
HB 354. By Messrs. Twitty of Mitchell, Ray of Warren, and others:
A Bill to be entitled an Act to provide for the levy of taxes on intangible property, and for other purposes.
The following committee substitute was read:
A BILL To be entitl~ an Act to levy and provide for the collection of

MONDAY, NOVEMBER 30, 1953

1221

taxes for the support of the Government and the institutions of the State and for purposes authorized by the Constitution; to prescribe rates for the taxation for the year 1953, and each succeeding year, of certain property heretofore classified for taxation as intangible property; to define and provide for the taxation of long term notes secured by real estate; to levy and provide for the return and collection of a tax on the net worth of State-chartered building and loan associations and Federal savings and loan associations located within this State; to provide that banks incorporated under the laws of this State and State-chartered building and loan associations and Federal savings and loan associations located within this State shall be subject to taxation on an equal basis as, and enjoy the same immunities and exemptions as, banking associations incorporated under the laws of the United States; to provide for taxation of real estate held or owned by such building and loan or savings and loan associations and for the deduction of the value at which real estate is returned from the value of net worth of such building and loan and savings and loan associations; to provide for the distribution of taxes collected hereunder; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:

PART 1.
Section 1.
(a) A property tax is hereby levied for the year 1953, and annually thereafter, as of the first day of January of each year at the rate of ten (10) cents on each One Thousand ($1,000.00) Dollars for the fair market value of all personal property classified for taxation as intangible property by the Act of the General Assembly of Georgia, enacted at the extraordinary session of 1937-1938, approved December 27, 1937, entitled "An Act to classify property for taxation," as amended. Such property shall be taxed without deduction of any indebtedness or liability of the taxpayer.
(b) The tax imposed by the foregoing shall not apply to any property exempted in Section 7 of the aforesaid Act of the General Assembly of Georgia, approved December 27, 1937, entitled "An Act to classify property for taxation," as amended, or to any intangible personal property owned by a trust forming a part of a pension, profitsharing or stock bonus plan exempt from Federal income tax under Section 165(a) of the Federal Internal Revenue Code, or to long term notes secured by real estate, as defined in Section 3 of this Act, or to bonds or debentures of corporate common carriers or corporate public utilities, or to stocks in foreign corporations or in foreign domesticated corporations, or to those classes of intangible personal property explicitly excluded under the provisions of Section 2 of the Above entitled Act, approved December 27, 1937 as amended. The tax imposed by the foregoing section shall apply to credits of account holders (however evidenced) with every building and loan association incorporated under the Building and Loan Act approved December 24, 1937, and every building and loan association incorporated under Chapter 16-2 of the Code of Georgia of 1933, and every Federal savings and loan association having its principal office or place of business in this State.

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JOURNAL OF THE HOUSE,
Section 2.
(a) A property tax is hereby levied for the year 1953, and annually thereafter, as of the first day of January of each year at the rate of One ($1.00) Dollar on each One Thousand ($1,000.00) Dollars of the fair market value of all bonds and debentures of corporate common carriers and of corporate public utilities and of all stocks in foreign corporations and of all stocks in foreign domesticated corporations (except those hereinafter exempted from tax by this Section) without deduction of any indebtedness or liability of the taxpayer. All stocks in foreign corporations and all stocks in foreign domesticated corporations (Except those hereinafter exempted from tax by this Section) shall be, and are hereby declared taxable property, except shares of stock explicitly excluded under the terms of Section 2 of the above entitled Act, approved December 27, 1937, as amended: Provided that the stock of domesticated foreign corporations shall not be subject to the tax herein levied if such domesticated foreign corporations pay to the State of Georgia, or its political subdivisions, all taxes as now provided for by law.
Section 3.
For the purposes of this Act, the words "long term notes secured by real estate" shall mean any note or notes representing credits secured by real estate by means of mortgages, deeds to secure debt, purchase money deeds to secure debt, bonds for title or by any other form of security instrument by whatever name called, any part of the principal of which note or notes falls due more than three (3) years from the date thereof or from the date 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 words "short term notes secured by real estate" shall mean any such note or notes the whole of the prinicpal of which falls due within three (3) years from the date thereof or from the date of any such instrument executed to secure the same.
Section 4.
Every holder of long term notes secured by real estate shall, within ninety (90) 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, a tax measured by the amount of the debt as evidenced in the instrument filed for record at the rate of One Dollar and Fifty Cents ($1.50) for each Five Hundred ($500.00) Dollars or fraction thereof of the face amount of the note or notes secured by such instrument. Provided, however, that the maximum amount of any such intangible property tax payable with respect to any instrument when so recorded shall be Ten Thousand ($10,000.00) Dollars.
Section 5.
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

MONDAY, NOVEMBER 30, 1953

1223

in such form as the State Revenue Commissioner may require, and may, if the Commissioner so directs, be entered by means of a rubber stamp, but in any event shall bear the signature of the clerk or his deputy.

Section 6.
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 is violated.

Section 7.
Any vendor of real estate who shall retain title thereto a security for the purchase price and who does not convey title to the vendee and take back a deed to secure debt 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 three (3) 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 8.
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 county treasury and become county property.

Section 9.
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 instrument is first recorded. If any instrument conveying, encumbering or creating a lien on real estate located within and without Georgia as security for long term notes is held by a nonresident of the State when presented for recording under this Act, the tax required hereunder shall be that proportion of the tax which would otherwise be required hereunder 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 certified under oath by the holder presenting the instrument for record.

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'JOURNAL OF THE HOUSE,

Section 10.
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 at such periodic intervals as the State Revenue Commissioner shall by regulation designate, 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 were located in the county of the domicile of the taxpayer, or in the county of the principal place of business of the taxpayer, if a corporation.

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 (6%) per cent per annum from the time said tax was due, and plus a penalty of twenty-five (25%) per cent of the amount of the tax. Provided, however, that the State Revenue Commissioner may waive such penalty if he determined 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 3 of this Act, shall be taxed ad valorem at the rate prescribed for other intangible property in Section 1 (a) of this Act. Nothing herein contained however, shall be construed to require the payment of such ad valorem taxes on such short term notes by banks, by savings and loan associations, or building and loan associations, as described in Section 1 of Part 11 of this Act, or by any institutions exempted by the above entitled Act, approved December 27, 1937, as amended.

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.

MONDAY, NOVEMBER 30, 1953

1225

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 but the above entitled Act, approved 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 4 hereof, and upon which the clerk has made the entry showing payment of the tax under this Act.

Section 16.
Any person who shall wilfully violate Section 6 of this part of this Act shall be guilty of a misdemeanor, and, on conviction, shall be punished as provided by law in such cases.

Section 17.
All revenues derived from the tax imposed by Sections 1 and 2 of Part I of this Act shall be distributed as now provided by law for the distribution of revenue collected under the Act of the General Assembly of Georgia, enacted at the extraordinary session of 19371938, approved December 27, 1937, entitled "An Act to classify property for taxation," as amended.
All revenues derived from the tax imposed by Sections 3 through 16 of Part I of this Act, including revenues from any imposition of such tax upon intangible trust property, shall be distributed among the State and municipality in which the real estate is situated and the county in which such real estate is situated in the same proportion that revenues derived from the tax imposed by the Act of the General Assembly of Georgia, enacted at the extraordinary session of 1937-1938, approved December 27, 1937, entitled "An Act to classify property for taxation," as amended, are divided. 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.

PART II
Section 1.
For the calendar year 1953, and each year thereafter, every building and loan association incorporated under the Building and Loan Act approved December 24, 1937, and every building and loan association incorporated under Chapter 16-2 of the Code of Georgia of 1933, and every Federal savings and loan association having its principal office

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or place of business in this State (all of which associations are referred to hereinafter as "savings and loan associations") shall return its net worth at full market value to the tax receiver of the county in which the principal office of such savings and loan association is situated, or to the officer performing the duties of tax received, for ad valorem taxation by the State and County, as in the case of other property. The sum, amount or value by which the market value of the gross assets of every such savings and loan association exceed its gross liabilities shall constitute the net worth of such association.
Section 2.
Every such savings and loan association shall, in like manner, return its net worth for taxation by the municipal corporation in which its principal office is situated, as in the case of other property returned for such municipal taxation.
Section 3.
For the calendar year 1953, and each year thereafter, every such return shall set forth the full market value of such net worth as of January first of such year.
Section 4.
The effect of this part of this Act shall be that from and after its passage, the net worth of every savings and loan association described in Section 1 of this part of this Act shall be subject to ad valorem taxation by the State and by the county and municipality in which the principal office of such savings and loan association is located, as provided by the Constitution of this State, in the same manner as other property is subject to taxation, and such property shall no longer be exempt from ad valorem taxation.
PART III
Section 1.
All banks, banking associations, trust companies doing a banking business, and savings banks created and incorporated under the laws of this State, and all buildings and loan associations incorporated under the Building and Loan Act, approved December 24, 1937, and all building and loan associations incorporated under Ch. 16-2 of the Code of Georgia of 1933, and all Federal savings and loan associations having their principal offices or places of business in this State, shall have the same immunities and exemptions as national banks and banking associations created and incorporated under the laws of the United States and located in this State.
Section 2.
Nothing in Part II of this Act or in Section 1 of Part III of this Act shall be construed to relieve savings and loan associations from the tax on real estate held or owned by them, but they shall return said real estate at its true market value in the county where located. Provided, however, that when real estate is fully paid for, the value at which it is returned for taxation by the savings and loan association which

MONDAY, NOVEMBER 30, 1953

1227

owns it may be deducted from the full market value of the net worth of such savings and loan association, and if said real estate is not fully paid for, only the value at which the equity owned by them therein is returned for taxation shall be deducted from the full market value of of their net worth. Branch savings and loan associations shall be taxed on the full market value of the net worth arising from their operation, in the counties, municipalities and districts in which they are located, and the parent association shall be relieved of taxation to the extent of such net worth.

Section 3.
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 4. This Act shall become effective upon its passage and approval.

Section 5.
All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment by Mr. Lokey of Fulton was read and adopted:
Mr. Lokey of Fulton moves to amend HB 354 (SUB) in the following particulars:
By adding to the caption thereof as follows: "To provide that if for any reason any long term note secured by real estate does not have placed thereon the stamp tax as provided by this Act, then such note shall be taxed at the rate of $3.00 on each $1,000 of the fair market value thereof."
By adding a new section to Part I thereof, to be appropriately numbered, as follows: "Notwithstanding any other provision of this Act to the Contrary, it is the intention of the General Assembly of Georgia that long term notes secured by real estate shall be taxed. If for any reason any such obligation does not have placed thereon the stamp provided by this Act and the tax paid as provided by this Act, then such obligation shall be taxed per annum at the rate of $3.00 on each $1,000 of the fair market value thereof."
The following committee amendments were read and adopted:
House Committee on Ways and Means moves to amend HB 354 (Sub) in the following particulars:
By adding to Section 2 of Part I a sub-section, to be designated "(b)", as follows:
2. "(b) A property tax is hereby levied for the year 1953 and for each and every year thereafter at the rate of 50 cents upon each $1,000 of the fair market value of all loans held by any broker, and representing credits extended in connection with the purchase or sale of stocks, bonds or other securities of a like character held as col-

1228

JOURNAL OF THE HOUSE,

lateral security for such loans, as of the first day of January, without deduction of any indebtedness or liability of the taxpayer."
By striking the first sentence of Section 2 (a) of Part I and substituting in lieu thereof th\ following:
3. "A property tax is hereby levied for the year 1953 and annually thereafter as of the first day of January of each year at the rate of $3.00 on each $1,000 of the fair market value of all bonds and debentures of all corporations and a property tax is hereby levied for the year 1'953 and annually thereafter as of the first day of January of each year at the rate of $1.00 on each $1,000.00 of the fair market value of all stocks in foreign corporations and of all stocks in foreign domesticated corporations (except those hereinafter exempted from taxation by this section) without deduction of any indebtedness or liability of the taxpayer."
4. Amend HB 354 (s8b) in the following particulars
By adding to the caption thereof as follows:
"To provide that the tax imposed on long term notes secured by real estate shall be paid by the obligee and not by the obligor."
By adding a new section to Part I thereof, to be appropriately numbered, as follows:
"The tax imposed by this act on long term notes secured by real estate shall be paid by the obligee and not by the obligor and the amount of such tax obligation shall not, either directly or indirectly, by any device whatsoever be imposed upon the obligor. Any contract, action or device, seeking to transfer the tax obligation on such notes from the obligee to the obligor shall be void and shall result in the forfeiture of all interest on the long term notes, deed to secure debt or other such obligation upon which said tax obligation is imposed; provided, however, the principal sum of said obligation, without interest, shall remain in force and shall be due and payable according to its original terms."
5. By adding to the title thereof as follows:
"To provide that every instrument conveying encumbering, or creating a lien upon real estate shall set forth the correct amount of the notes secured by such instrument and the dates upon which such note or notes fall due; to provide that existing indebtedness for loans not made on the security of the instrument shall not be required to be set forth therein."
By striking therefrom Section 6 and inserting in lieu thereof the following:

Section 6.
"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 inclusion in such instrument of a provision that the instrument secures all other indebtedness then existing or thereafter incurred shall not require the setting forth

MONDAY, NOVEMBER 30, 1953

1229

therein of existing indebtedness for loans not made on the security of the instrument.
6. By striking the last sentence of Section 1 of Part II thereof and substituting the following:
"For purposes of this provision, net worth shall include all surplus, undivided profit and reserves exclusive of the minimum statutory Federal Insurance reserve in the case of Federal Associations or the minimum state required reserve in the case of State chartered associations."
7. By adding to the caption thereof as follows:
"To provide for the taxation of accounts receivable and notes not representing credits secured by real estate."
By adding to Section 1 of Part I a sub-section, to be designated "(c)", as follows:
"(c) The tax imposed by sub-section (a) of this Act shall not apply to accounts receivable and notes receivable not representing credits secured by real estate."
By adding to Section 1 of Part I a sub-section, to be designated "(d)", as follows:
"(d) A property tax is also hereby levied for the years 1954 and 1955 at the rate of $3.00 of each $1,000.00 of the fair market value of all accounts receivable and notes not representing credits secured by real estate; for the year 1956 at the rate of $1.00 of each $1,000.00 of the fair market value of all accounts receivable and notes not representing credits secured by real estate; for the year 1957 and annually thereafter at the rate of 10 of each $1,000.00 of the fair market value of all accounts receivable and notes not representing credits secured by real estate. 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.
8. By striking the number and letter "1(a)" in Section 12 immediately following the phrase "for other intangible property in Section" and substituting therefor the number and letter "1(d)."

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, as amended.

On the passage of the bill, by substitute, as amended, the ayes were 116, nays 1.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
By unanimous consent, HB 754 was ordered immediately transmitted to the senate.
Under the regular order of business, the following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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JOURNAL OF THE HOUSE,

HB 712. By Mr. Lifsey of Lamar:
A Bill to be entitled an Act to confirm the opening of certain streets in the City of Barnesville, and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on Municipal Government moves to amend HB 712 by striking the caption, Section 1 and Section 2 thereof, and placing in their place the following:

A BILL
To be entitled an Act to ratify and confirm the action of the Mayor and Council of the City of Barnesville, in closing all of that part of Whitehall Street, in the City of Barnesville, which lies north of a point on said Whitehall Street, which point is 395 feet north of the center line of Carleeta Street, and the opening of a new street running east and west 25 feet wide, the north side of which new street begins at a point on said Whitehall Street which is 395 feet north of the center line of Carleeta Street, and which new street extends from said Whitehall Street in an easterly direction to Rogers Avenue with an equal width of 25 feet; and further, to close all that portion of Whitehall Street in the City of Barnesville which lies north of a point on said Whitehall Street, which point is 395 feet north of the center line of Carleeta Street, so that Whitehall Street shall terminate and end at a point 395 feet north of Carleeta Street; and for other purposes.

SECTION 1.
Whereas the Mayor and Council of the City of Barnesville did on July 20, 1953, close all that part of Whitehall Street in the City of Barnesville, which lies north of a point on said Whitehall Street, which point is 395 feet north of the center line of Carleeta Street, and open a new street running east and west 25 feet wide,
Now therefore, it is hereby enacted by the General Assembly of Georgia that the said closing of said part of Whitehall Street and the said opening of said new street are hereby ratified and confirmed.

SECTION 2.
It is hereby further enacted by the General Assembly of Georgia that all that portion of Whitehall Street in the City of Barnesville which lies north of a point on said Whitehall Street, which point is 395 feet north of the center line of Carleeta Street, is hereby closed, so that Whitehall Street does terminate and end at a point 395 feet north of Carleeta Street.

Mr. Lifsey of Lamar moved that the House agree to the Senate amendment to HB 712.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 712 was agreed to.
Under the regular order of business, the following bill and resolution of the House were taken up for consideration and read the third time:

MONDAY, NOVEMBER 30, 1953

1231

BR 222-743h. By Messrs. Greer of Lanier and Twitty of Mitchell:
A Resolution providing for the disposition of certain common stock owned by the State in the Georgia Railroad and Banking Company, and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 113, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

BB 854. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the clerks of the 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Under the regular order of business, the following bills of the Bouse were again take.n up for consideration:

BB 748. By Messrs. Weems of Chattooga, Bale of Dade, and others:
A Bill to be entitled an Act to amend an Act so as to provide the procedure for incorporating non-profit corporations, and for other purposes.
The following substitute was read and adopted:
Messrs. Weems and Floyd of Chattooga; Campbell and Coker of Walker, and Bale of Dade move to amend BB 748 by striking the same in its entirety and substituting in lieu thereof the following:
AN ACT TO AMEND SECTION 22-401 of the Code of Georgia of 1933 relating to the incorporation of schools, churches, and similar organizations, so as to provide that the provisions of said Section shall constitute the sole requisites for the incorporation of any organization which by law may be incorporated under the provisions of said Section.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.
Section 22-401 of the Code of Georgia of 1933 relating to incorporation of schools, churches, and similar organizations, is hereby amended by adding at the end of said Section the following:
"The provisions of this Section shall constitute the sole requisites for the incorporation of any organization which by law may be incorporated under the provisions of this Section."

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JOURNAL OF THE HOUSE,

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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 154. By Mr. Bolton of Spalding~
A Bill to be entitled an Act to create a lien in favor of hospitals for services rendered, and for other purposes.
The following substitute, offered by Mr. Bolton o{ Spalding, was read:
A BILL
To be entitled an Act to create a lien in behalf of hospitals upon any cause of action accruing to any injured person to whom such hospital furnished care and treatment; to provide the means of perfecting said lien; to provide for the time in which such lien must be filed and suit brought thereon; to provide that. no release of settlement of any such causes of action shall be effective as against such lien unless such hospital or its assignee shall join therein or execute a release therefor; to provide for the filing of such lien; to provide for making of affidavit by the patient in certain cases; to provide that such affidavit shall constitute a defense in certain instances; to define the giving of a false affidavit as false swearing; to acept moneys due under the Workmen's Compensation Act from the provisions herein; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
Section 1. Any person, firm, hospital authority, or corporation operating a hospital in this state shall have a lien for the reasonable charges for hospital care and treatment of an injured person who enters such hospital within one week after receiving such injuries, upon any and all causes of action accruing to the person to whom such care was furnished, or to the legal representative of such person, on account of injuries giving rise to such causes of action and which necessitated such hospital care, subject, however, to any attorney's lien.
Section 2. In order to perfect such lien, the operator of such hospital, before, or within ten days after, such person shall have .been discharged therefrom, shall file in the office of the Clerk of the Superior Court of the county in which such hospital shall be located and in the county wherein the patient resides, if a resident of this State, a verified statement setting forth the name and address of such patient, as it shall appear on the records of such hospital, the name and location of such hospital and the name and address of the operator thereof, the dates of admission and discharge of such patient therefrom, the amount claimed to be due for such hospital

MONDAY, NOVEMBER 30, 1953

1233

care, and, to the best of claimant's knQwledge, the names and addresses of all persons, firms or corporations claimed by such injured person, or the legal representative of such person, to be liable for damages arising from such injuries; such claimant shall also, within one day after the filing of such claim or lien, mail a copy thereof to any person, firm or corporation so claimed tQ be liable for such damages to the address as given in such statement. The filing of such claim or lien shall be notice thereof to all persons, firms or corporations liable for such damages whether or not they are named in such claim or lien.
.section 3. The Clerk of Court shall endorse thereon the date and hour of filing; and 'at the expense of the countY shall provide a hospital lien book with proper index in which he shall enter the date and hour of such filing, the name and address of such hospital and the operators thereof, the name of the pat;ient, the amount claimed and the names and addresses of those claimed to be liable for damages. Such informa. tion shall be recorded in the name of the patient. The clerk shaJl be paid one dollar as his fee for such filing.
Section 4. No release of such cause or causes of action or of any judgment thereon, or any covenant not to sue thereon, shall be valid or effectual as against such lien unless the holder thereof shall join therein or execute a release of such lien, and the claimant, or assignee of such lien, may enforce said lien. by an action against the person, firm, or corporation liable for such damages. If the claimant shall prevail in such action, the court may allow reasonable attorneys' fees. Such action shall be commenced within one year after the filing of such lien. No release, or covenant not to sue, made within ten days after the patient was discharged from the hospital, shall be effective as against such lien perfected in due time as above provided, without regard to whether such release, covenant not to sue, or settlement was made prior to the time of filing of such lien as hereinbefore specified; provided, however, that any person, firm, or corporation who consummates a settlement, release, or covenant not to sue with the person to whom hospital service or treatment was furnished, and who first procures therefrom an affidavit as hereafter prescribed, shall not be bound or otherwise affected by such lien except as hereafter provided, without regard to when such settlement, release, or covenant not to sue was consummated. Such affidavit shall affirm (1) that all hospital bills incurred for treatment for the injuries for which settlement is made have been fully paid, and (2) the county of residence of such affiant, if a resident of this State; provided, the person taking such affidavit shall not be protected thereby where such affidavit alleges the county of the affiant's residence, and the lien of the claimant is at such time on file in the Clerk's office of the Superior Court of such county, and recorded in the name of the patient as it appears in the affidavit.
Section 5. The giving of any false affidavit as referred to above shall constitute the crime of false swearing.
Section 6. The provisions of this Act shall not apply to any moneys
becoming due under the Workmen's Compensation Act.
Section 7. This Act shall take effect and be in force from and after
its passage.
Section 8. All laws and parts of laws in conflict with this Act
are hereby repealed:

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JOURNAL OF THE HOUSE,

The following amendments to the substitute were read and adopted:
Mr. Groover of Bibb moves to amend the substitute to HB 154 by adding thereto a new section to be appropriately numbered, to read aa follows: "No settlement or release entered into or executed prior to the injured party entering into the hospital shall be affected by or subject to the terms of this Act."
Mr. Groover of Bibb moves to amend the substitute to HB 154 by adding thereto a new section, to be appropriately numbered, to read as follows: "This Bill shall not be construed as giving any hospital or agency herein referred to an independent right of action to determine liability for injuries sustained by a person or firm."

The substitute, as amended, was adopted.

Mr. Harris of Bibb moved that HB 154, the substitute and amendments thereto, be tabled.

On the motion to table, the ayes were 38, nays 75.

The motion to table was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute, as amended.

On the passage of the bill, by substitute, as amended, Mr. Bolton of Spalding 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 Adams of Upson Barber of Jackson Barrett Baughman Bentley Birdsong Bloodworth Boggus Bolton Brannen Brantley Bray Britton Brown Buie Byrd
Campbell of Oconee Campbell of Walker
Carswell Chastain Cheatham Clark Clary
Coffin Connell Cummings

Deal Dean of Towns Deen of Bacon Denton Dews Dunaway Duncan Edenfield Floyd Flynt
Foster Fowler Freeman Frier Gardner Garrard Gilder Gillis Goodson Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley
Groover of Bibb Groover of Troup Gunter

Hale Hamilton Harper Harrell Harrison of Jenkins Harrison of Wayne Henderson Hodges Holley Hollis Holloway Holton Horne Huddleston Hurst Ingle Ivey
Johnson Jones of Worth Jordan of Gwinnett Kemp Key King Land Lanier Lavender Layton

MONDAY, NOVEMBER 30, 1953

1235

Lifsey Little Lovett McCracken McGarity Mincy Mishoe Moate Mobley Moore of Picken Moore of White Moses Moye Murphey of Crawford Musgrove Nelson Nightingale Otwell Parker

Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Register Russell Rutland Sheffield Sipple of Chatham Sivel Smith of Emanuel M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Stocks Swindle Tamplin

Tarbutton Todd Tumlin Turk Turner Twitty Veal Walker Watson Weems Whitener Wiggins Williams of Bulloch Williams of Franklin Williams of Tift Wooten Young

Those voting in the negative were Messrs.:

Adams of Evans Ayers
Best Black Blackburn Blalock Brooks Callier Cloud Coker Conger

Durham Edwards
Geer Hall Harris Hicks Jackson Lokey McKenna Matheson Matthews

M111rphy of Haralson Murr Peacock Scoggin Terrell Trapnell Wardlow White Willis

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

On the passage of the bill, by substitute, as amended, the ayes were 136, nays 31.

The bill, having received the requisite constitutional. majority, was passed, by substitute, as amended.

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 and resolution of the House were taken up for consideration and read the third time:

HB 849. By Messrs. Hand and Twitty of Mitchell and others:
A Bill to be entitled an Act to amend an Act providing for the leasing of property not useful for railroad purposes of the Western & Atlantic Railroad, and for other purposes.

1236

JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HR 292-916g. By Messrs. Green and Parker of Baldwin and others:
A Resolution authorizing the sale of certain state-owned lands to the Baldwin County Hospital Authority, 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, hving received the requisite constitutional majority, was adopted.

HB 885. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend Section 84-1101 of the Code of Georgia so as to provide a new definition of optometry, and for other purposes.

An amendment, offered by the Committee on Hygiene and Sanitation, was read and withdrawn.
The following amendment was read and adopted:

Mr. Lavender of Elbert, and Mr. Twitty of Mitchell, move to amend

House Bill No. 885 by:



Striking from the eighth line of the caption of said Act the word "supervision" and inserting in lieu thereof the word "suspension". and by:

Striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 which shall read as follows:

"Section 3. Notwithstanding any other provisions of this Act, nothing in this Act contained shall be deemed to prohibit any person, firm, partnership or corporation who are employing a registered optometrist, at the time of the passage of this Act, from employing a registered optometrist or optometrists to practice optometry, nor shall the employing person, firm, partnership or corporation be deemed to practice optometry within the meaning of this Act by reason of such practice by his or its employees."

and by:

Adding a new Section 4 which shall read as follows:

"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, as amended, was agreed to, as amended.

MONDAY, NOVEMBER 30, 1953

1237

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, HB 885 was ordered immediately transmitted to the Senate.
By unanimous consent, the following bill of the House was taken from the table:

HB 321. By Messrs. Graham of Richmond and Hall of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide for fees for trailers operated exclusively under Class "B" Certificates issued .by the Georgia Public Service Commission, and for other purposes.

Under the regular order of business, the following resolution and bills of the House and Senate were taken up for consideration and read the third time:

HR 293-916h. By Messrs. Hand and Twitty of Mitchell and others:
A Resolution authorizing the swapping of certain lands in Harris County for park purposes, 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 received the requisite constitutional majority, was adopted.

HB 846. By Messrs. Connell and Register of Lowndes:
A Bill to be entitled an Act to amend an Act so as to provide additional provision for restoration of beneficiaries to membership in the Teachers Retirement System, and for other purposes.

The following substitute, offered by the Committee on Pensions, was read and adopted:

A BILL
To be entitled an Act to amend an Act approved March 19, 1943 (Ga. Laws 1943, p. 640) and known as the Teachers Retirement System Act, so as to provide additional provision for restoration of beneficiaries to membership in said system; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
Section 1. The Act approved March 19, 1943 (Ga. Law 1943, p. 640) and known as the Teachers Retirement System Act, is hereby amended by adding at the end of Section 3, subsection (4), relating to membership in said system by adding at end of said subsection a sentence to read as follows:

1238

JOURNAL OF THE HOUSE,

"Anything in this Act to the contrary notwithstanding the provisions of this paragraph with reference to break in service, reinstatement of membership and payment of funds into the Retirement System, shall apply to any member who has retired and has lost prior service credits prior to the enactment of the law approved February 27, 1953 and each such retirement shall be allowed the prior service credits under the conditions set forth in this paragraph and the retirement allowance shall be adjusted in accordance therewith."
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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 802. By Messrs. Sipple of Chatham and Williams of Bulloch:
A Bill to be entitled an Act to provide for the regulation and control of contagious tuberculosis, and for other purposes.
The following amendment was read and adopted:
Messrs. Sipple of Chatham and Williams of Bulloch move to amend HB 802 by striking Section 13 thereof and substituting the following as a new Section 13: "No person having contagious tuberculosis who in his home or other place obeys the rules and regulations of the State Board of Health for the control of contagious tuberculosis or who voluntarily accepts care in a tuberculosis institution, sanatorium, hospital, his home, or other place and obeys the rules and regulations of the State Board of Health for the control of contagious tuberculosis shall be committed as hereinbefore prescribed."

The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 797. By Mr. Sipple of Chatham:
A Bill to be entitled an Act to exempt attorneys at law from jury duty, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 1.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, NOVEMBER 30, 1953

1239

SB 156. Senators Edenfield of the 4th and others:
A Bill to be entitled an Act to amend the Act known as the Subversive Activities Act, and for other purposes.
The following amendment was read and adopted:
Messrs. Stephens of Clarke and Twitty of Mitchell move to amend Senate Bill No. 156 by adding to the end of Section 8 of this Bill, which will be Section 12 of the amended Act, the following:
"But no person shall be discharged by reason of being a subversive person except after notice and hearing nor except upon substantial evidence being introduced at such hearing. The notice shall be given, and the hearing shall be held, by the employing, appointing or supervising authority. Notice shall be given in writing to the person sought to be discharged by reason of being a subversive person and it shall specify the charges and place and time of hearing. The burden of proving that a person so cited is a subversive person is upon the employing, appointing or supervising authority. Such person so cited shall be represented at the hearing by counsel or an advisor of his own choice. At the hearing such person cited or his counsel or advisor may introduce evidence and cross-examine the witnesses against him. If requested in writing by such person so cited, the hearing shall not be open to the public. The testimony at such hearing shall be stenographically reported, and shall be given under oath administered by the hearing officer who is authorized to administer oaths for this purpose in the same manner as prescribed for witnesses in judicial proceedings. Provided, however, that nothing contained herein shall be construed to create any tenure rights or to in any wise limit employing, appointing or supervising authorities in the administration of personnel matters, nor be construed to apply to Section 11 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 129, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 647. By Mr. Groover of Bibb:
A Bill to be entitled an Act to provide for the superiority of the title of security deeds over certain 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 746. By Mr. Groover of Bibb:
A Bill to be entitled an Act to provide for the dismissal of suits which have been pending for 5 years or longer, and for other purposes.

1240

JOURNAL OF THE HOUSE,

The following substitute, to HB 746 offered by the Committee on General Judiciary No. 2, was read and adopted:

A BILL
To be entitled an Act to provide for the dismissal of suits in the Courts of this State when they have been pending for a period of five years or longer; to provide for the dismissal of suits which have already pended in any of the Courts of this State for a period of five years or longer; to provide how such suits may be continued as pending suits; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:

SECTION 1.
From and after the passage and approval of this act, any suit filed in any of the courts of this State in which no written order is taken for a period of five years the same shall automatically stand dismissed with costs to be taxed against the party plaintiff. For the purposes of this Bill an order of Continuance will be deemed an order.

SECTION 2.
All suits which are pending upon the effective date of this Act shall automatically stand dismissed five years from the date of the approval of this Act unless an order shall be taken therein as provided above.
SECTION 3.
The Sections of this Act are declared to be severable, and the invalidity of one or more portions of this Act shall not be held to affect the remainder thereof.
SECTION 4.
All laws or parts of laws in conflict herewith are hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker appointed as a Committee of Conference on the part of the House on HB 128, the Uniform Traffic Act, the following members of the House: Messrs. H. Smith of Fulton, Duncan of Carroll, and Hollis of Muscogee.
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 876. By Mr. Stephens of Clarke:
A Bill to be entitled an Act to create an Art Commission, and for other purposes.

MQNDAY, NOVEMBER 30, 1953

The report of the committee, which was favorable to the passage of th~ b!iti,
)YaS ag;reed to.
On the passage of the bill, the ayes were 108, nays 2.
The bill, having received the requisite constitutional majority, was passed.

HR 280-881c. By Messrs. Murr and Horne of Sumter:
A Resolution authorizing the conveyance of certain lands to Sumter 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.
The re:wlution, having received the requisite constitutional majority, was .adoJ)ted. _.

HB 685. By Mr. Conger of Decatur:

A Bill to be entitled an Act to amend an Act so as to provide for the

....--.

collection of automobile license fees by municipalities, and for other

purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed. to. _
9n ~he passage of the bill, the ayes were 106, nays 0.
-.The bill, having received the requisite constitutional majority, was passed.

HB 792. By Mr. Tarpley of Union:
A Bill to be entitled an Act to make it unlawful to hunt, while under the influence of intoxicating beverages, and for other purposes.

The report 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.

HB 468. By Messrs. McWhorter, Turner and Rutland of DeKalb:
A Bill to be entitled an A~t to amend an Act providing for the licensing of psychologists, and for other purposes.

The report 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 3. The bill, having received the requisite constitutional majority, was passed.

1242

JOURNAL OF THE HOUSE,

HR 136-433b. By Mr. Coogle of Macon:
A Resolution compensating Mr. I. P. Cox for damages, 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.

HR 217-743c. By Messrs. Kemp and Foster of Clayton:
A Resolution compensating Mr. Howard R. Watts for damages, 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.
The following Resolution of the House was read:

HR 316. By Messrs. Perkins of Carroll, Goodson of Heard and others:
A Resolution requesting the resignation of the editorial staff of The Red and Black, a student publication of the University of Georgia, and for other purposes.

Mr. Russell of Barrow moved that the Resolution be tabled.
On the motion to table, the ayes were 70, nays 53.
The resolution was tabled.
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.

TUESDAY, DECEMBER 1, 1953

1243

Representative Hall, Atlanta, Georgia. Tuesday, December 1, 1953.

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 Reverend Harry Ragan, Pastor, Blue Creek Baptist Church, Cleveland, Georgia.

By unanimous consent, the roll call was dispensed with.

Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.
By unanim~us consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents :
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 of the House were read the first time and referred to the committees:
HB 986. By Mr. Henderson of Atkinson: A Bill to be entitled an Act to provide a charter for the City of Willacoochee, and for other purposes.
Referred to the Committee on Municipal Government.
HB 987. By Mr. Russell of Barrow: A Bill to be entitled an Act to amend an Act creating the Piedmont Judicial Circuit, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 988. By Messrs. Rowland of Johnson and Best of Clay: A Bill to be entitled an Act to amend an Act creating a new Juvenile

1244

JOURNAL OF THE HOUSE,

Court System for this State; so as to redefine the term "child" to mean a person less than sixteen years of age rather than seventeen, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 989. By Messrs. Ray of Warren, Lokey of Fulton and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act which provides for the reduction of a net operating loss of one year from income of certain other years, and for other purposes.
Referred to the Committee on Ways and Means.

HR 990. By Messrs. Ray of Warren, Lokey of Fulton and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act which provides for the deduction of contributions by individuals and corporations, and for other purposes.
Referred to the Committee on Ways and Means.

HB 991. By Messrs. Harper and Bolton of Spalding:
A Bill to be entitled an Act to provide that any person who swears out a warrant for abandonment upon which a person is extradited and then fails or refuses to testify at the trial of such person, shall be guilty of a misdemeanor, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 992. By Messrs. Cheatham, McGee and Sipple of Chatham: A Bill to be entitled an Act to amend the Charter of the Mayor and Aldermen of the City of Savannah; providing for pensions for employees, and for other purposes.
Referred to the Committee on Municipal Government.
HB 993. By Messrs. Bentley and Smith of Cobb: A Bill to be entitled an Act to amend an Act creating the Cobb County Planning Commission, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 994. By Messrs. White and Jordan of Gwinnett: A Bill to be entitled an Act to create and incorporate a new municipality in Gwinnett County to be known as the City of Berkeley Lake, and for other purposes.
Referred to the Committee on Municipal Government.
HB 995. By Mr. Abney of Catoosa: A Bill to be entitled an Act to amend an Act to create and establish a new charter for the Town of Ringgold, and for other purposes.
Referred to the Committee on Municipal Government.

TUESDAY, DECEMBER 1, 1953

1245

HB 996. By Messrs. Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act creating a Commissioner of Roads and Revenues for Cobb County and an Advisory Board, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 997. By Messrs. Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb County Planning Commission, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 998. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act establishing the City Court of Waycross, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 999. By Mr. McGarity of Henry:
A Bill to be entitled an Act to provide for a zoning and planning Commission in and for all of that portion of Henry County lying outside of the corporate limits of any incorporated town or city, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1000. By Messrs. Cloud and Conger of Decatur:
A Bill to be entitled an Act to amend an Act incorporating the Town of Brinson in Decatur County, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1001. By Mr. Lovett 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 provide for the method and manner of the sale, lease and conveyance of all real estate owned by said city, and for other purposes.
Referred to the Committee on Municipal Government.

HR 310-1001a. By Messrs. Mincy and Frier of Ware, Hopkins of Charlton,
Raulerson of Pierce and Musgrove of Clinch and many others: A Resolution urging the Georgia Public Service Commission to require Georgia Power and Light Company to fix its rates on a basis comparable to those of the Georgia Power Company, and for other purposes.
Referred to the Committee on Public Utilities.
' HR 311-1001b. By Mr. Smith of Cobb:
A Resolution proposing an amendment to the Constitution relating to

1246

JOURNAL OF THE HOUSE,

exemption from taxation, so as to provide that the persons required to pay the ad valorem tax on any dwelling and land leased by any person, firm or corporation under Section 213 of the Federal Housing Act shall be entitled to a homestead exemption thereon as in other cases, and for other purposes.
Referred to the Committee on Ways and Means.

HR 312-1001c. By Messrs. Sipple and Cheatham of Chatham:
A Resolution proposing an amendment to the Constitution relating to exemption from ad valorem taxation for State, County and School purposes, the homestead of each resident of Georgia actually occupies by the owner as a resident and homestead to the extent of $2,000 of its value, etc., and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HR 313-1001d. By Messrs. Lewis of Greene and McGarity of Henry:
A Resolution to compensate Mrs. Lillian Dobbs O'Kelly for damages to her automobile incurred as a result of a faulty highway condition, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 314-1001e. By Messrs. Floyd and Weems of Chattooga and Deen of Bacon:
A Resolution proposing to direct the Government to designate May 1 of each year as "Loyalty Day", and for other purposes.
Referred to the Committee on State of Republic.

HR 315-1001f. By Mr. Cowart of Stewart:
A Resolution proposing an amendment to the Constitution relating to education, so as to provide the procedure for consolidation of schools in Stewart County, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HB 1002. By Messrs. Scoggin, Hall and Hicks of Floyd:
A Bill to be entitled an Act to provide for the appointment of a Board of Electrical Examiners, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1003. By Mr. Mishoe of Tattnall:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Glennville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1004. By Messrs. Geer of Miller, Twitty of ,Mitchell, Gaughman of Early and Durham of Baker:
A Bill to be entitled an Act to amend an Act relating to Sheriff's fees

TUESDAY, DECEMBER 1, 1953

1247

in civil and criminal cases, so as to provide for payment of mileage to sheriffs and their deputies when operating their personal vehicles in their resident county; and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 1005. By Messrs. Hall, Scoggin and Hicks 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; by enlarging the present City boundaries, etc., and for other purposes.
Referred to the Committee on Municipal Government.

HR 317-1005a. By Messrs. Tumlin and Upshaw of Bartow:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Bartow County by the people; to provide for the election of the County School Superintendent, and for other purposes.
Referred to the Committee on Amendment to Constitution # 1.

HB 1006. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. Laws 1931, p. 955), as amended, so as to provide for the division of the City of Smyrna into six wards with a councilman to be elected from each ward, and one from the city at large; to provide for terms of office; to provide an effective date; to repeal conflicting laws, and for other purposes.
Referred to the Committee on Municipal Government.

Mr. Jackson of Jones County, Chairman of the Committee on Academy For the Blind, submitted the following report: Mr. Speaker:
Your Committee on Academy For the Blind, 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 971. Do Pass.
Respectfully submitted,
Jackson of Jones, 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

1248

JOURNAL OF THE HOUSE,

Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 848. Do Pass. Respectfully submitted, Lovett of Laurens, 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 and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recomtn:endations:
HB 663. Do Pass. HB 796. Do Pass. HB 653. Do Pass. HR 282. Do Pass.
SB 168. Do Pass. SB 169. Do Pass.
Respectfully submitted, Tarbutton of Washington,
Chairman.

Mr. Lavender of Elbert 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 976. Do Pass.

HB 978. Do Pass.

HB 980. Do Pass.

HB 981. Do Pass.

HB 982. Do Pass.

HB 984. Do Pass.

HB 985. Do Pass.

Respectfully submitted, Lavender of Elbert, Chairman.

TUESDAY, DECEMBER 1, 1953

1249

Mr. Hollis of Muscogee County, Chairman of the Committee on General Judi-
ciary # 1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary # 1, has bad 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 892. Do Pass.
HR 303-957b. Do Pass.
SB 192: Do Pass.
Respectfully submitted,
Hollis of Muscogee,
Chairman.

Mr. Willingham of Cobb County, Chairman of the Committee on General
Judiciary # 2, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary # 2 has bad 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 684. Do Not Pass.
HB 687. Do Not Pass.
Respectfully submitted,
Willingham of Cobb,
Chairman.

Mr. Williams of Bulloch County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. Speaker:
Your Committee on Hygiene and Sanitation bas bad 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 936. Do Pass. HB 875. Do Not Pass.

Respectfully submitted,

Williams of Bulloch,

Chairman.

Mr. M. Smith of Fulton County, Chairman of the Committee on Insurance, submitted the following report:

1250

JOURNAL OF THE HOUSE,

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:
SB 170. Do Pass as amended.
HB 953. Do Pass. Respectfully submitted,
M. Smith of Fulton,
Chairman.

Mr. Jones of Lumpkin 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 950. Do Pass.
HB 973. Do Pass.
HB 961. Do Pass. Respectfully submitted,
Jones of Lumpkin,
Chairman.

Mr. Hoke Smith of Fulton County, Chairman of the Committee OR 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 975. Do Pass. HB 967. Do Pass. HB 957. Do Pass. HB 968. Do Pass. HB 977. Do Pass. HB 983. Do Pass. SB 203. Do Pass. SB 199. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.

TUESDAY, DECEMBER 1, 1953

1251

Mr. Barber of Colquitt County, Chairman of the Committee on Special Appropriations, submitted the following report:
. Mr. Speaker:
Your Committee on Special Appropriations bas bad under consideration the following Bill of the House and bas instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 877. 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 bas bad 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 794. Do Pass by substitute.
HB 972. Do Pass.
SR 77. Do Pass.
SR 80. 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 bas passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to wit:

SR 65. By Senator Stoddard of the 50th:
A Resolution providing for transfer of certain property being used for the Confederate Soldiers Home to the Military Department of the State of Georgia, and for other purposes.

SB 172. By Senator Parker of the 38th:
A Bill to amend Section 38-2101 of the Code by providing for the taking of depositions and interrogatories from female witnesses, and for other purposes.

1252

: JOURNAL OF THE HOUSE,

SB 183. By Senator Singleton of the 24th:

A Bill to amend Section 45-322 of the Code relating to hunting at night

so as to make it a misdemeanor to hunt at night with shot guns con-

taining larger than No. 5 shot and rifles greater than a .22 rim fire

long rifle, and for other purposes.



SB 191. By Senators Redwine of the 26th and Singleton of the 24th:
A Bill to amend Section 84-1409 of the Code of 1933, relating to the qualifications of applicants for license to act as real estate brokers or salemen and the bQnd to be given so as to change the retirements of the 'bond;' to repeal conflicting laws, and for other purposes.

SB 196. By Senator Callaway of the 35th:

A Bill to recognize the Georgia Rural Rehabilitation Corpor~tion to be

an agency of the State of Georgia; to convey to the Livestock Develop-

ment Authority all the powers hereinbefore conferred upon the Georgia

Rural Rehabilitation Corporation, and for other purposes.





sR ~86~ By Senators_ Carlii;le of the 51st and Edenfield of the 4th:

A Bill to amend Section 83-102 and 83-302 of the Code to provide that

maximum widths of private ways and tramroads shall be increasedfrom

15 feet to 20 feet, and for other purposes.



SB 195. By Senator Callaway of the 35th:
A Bill to amend Section 109-105 (2820 of the Code of 1933) by striking out the entire section and adding in lieu thereof a new section, and for other purposes~ .;

SR 76. By Senator Stoddard of the 50th:
A Resolution authorizing the transfer of certain property from the custody and control of the Georgia Forestry Commission to the custody and control of the State Department of Defense, 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 towit:

.HR 277. By Mr. Adams of Upson:
A Resolution authorizing and directing the appointment of an investigating committee to investigate the State Insurance Commission, and for other purposes.
The President has appointed on the part of the Senate Senators Jordan of the 25th, Campbell of the 31st, Redwine of the 26th, Rogers of the 37th, Kiker of the 41st and Walker of the 45th.

TUESDAY, DECEMBER 1, 1953

1253

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate bas passed by substitute by the requisite constitutional majority the following Bill of the House to-wit:

HB 299. By Messrs. Willingham, Smith and Bentley of Cobb and others:
A Bill to require payment of all Ad Valorem taxes on Motor Vehicles before application for license tags are granted, 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 653. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend Section 100-108 of the Code of Georgia so as to provide that bonds of certain authorities may be given by State depositories, and for other purposes.

HB 796. By Messrs. Connell and Register of Lowndes:
A Bill to be entitled an Act to levy an excise tax upon state and national banks, and for other purposes.

HB 877. By Mr. Barber of Colquitt:
A Bill to be entitled an Act to authorize the payment of medical expenses incurred by members of the Georgia State Patrol and the Bureau of Investigation as a result of injuries received in line of duty, and for other purposes.

HB 892. By Messrs. Green and Parker of Baldwin and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act so as to provide that a petition of sanity inay be brought while the person is still jn the Milledgeville State Hospital, and for other purposes.

HB 936. By Messrs. Jackson of Jones and Chastain of Thomas:
A Bill to be entitled an Act to provide for the periodic examination of inmates of the Milledgeville State Hospital for the purpose of determining eligibility for discharge, and for other purposes.

HB 953. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend Section 92-2505 of the Code of Georgia so as to fix the occupational tax for insurance adjustment bureaus, and for other purposes.

HB 957. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act so as to change the terms of office of the councilmen of the City of Cairo, and for other purposes.

1254

JOURNAL OF THE HOUSE,

HB 961. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to amend Section 68-214 of the Code of Georgia so as to change the size of vehicle license plates, and for other purposes.
HB 967. By Messrs. Harris, McKenna and Groover of Bibb: A Bill to be entitled an Act to amend an Act so as to provide for an election of aldermen of the City of Macon, and for other purposes.
HB 968. By Messrs. Harris, McKenna and Groover of Bibb: A Bill to be entitled an Act to amend an Act so as to provide for the appointment of a city prosecutor for the City of Macon, and for other purposes.
HB 971. By Messrs. Harris and Groover of Bibb and others: A Bill to be entitled an Act to provide for the education of physically handicapped children outside the State, and for other purposes.
HB 972. By Mr. Boggus of Ben Hill: A Bill to be entitled an Act to amend an Act so as to provide for changing of the by-laws as to elections of Electric Membership Corporations, and for other purposes.
HB 973. By Messrs. Deen of Bacon, Ayers of Madison and others:
A Bill to be entitled an Act to amend Section 68-214 of the Code of Georgia so as to provide that license plates shall bear a prefix showing the population of the county, and for other purposes.

HB 975. By Mr. Little of Peach:
A Bill to be entitled an Act to amend an Act so as to provide for a permanent registration list for the voters of the City of Fort Valley, and for other purposes.

HB 976. By Mr. Deen of Bacon:
A Bill to be entitled an Act to enable Bacon County and the City of Alma to establish a joint planning commission, and for other purposes.

HB 977. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act to amend an Act so as to increase the salaries of the deputy marshals of the Municipal Court of Columbus, and for other purposes.

HB 978. By Messrs. Scoggin, Hall and Hicks of Floyd:
A Bill to be entitled an Act to amend an Act so as to change the number of deputy sheriffs in certain counties, and for other purposes.

TUESDAY, DECEMBER 1, 1953

1255

HB 980. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act so as to provide for the publishing of an itemized statement of receipts and disbursements in Henry County, and for other purposes.

HB 981. By Messrs. Weems and Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act so as to provide the number of jurors to serve on trials in the City Court of Chattooga, and for other purposes.

HB 982. By Messrs. Birdsong and Groover of Troup:
A Bill to be entitled an Act to amend an Act providing a pension system for the employees of Troup County, and for other purposes.

HB 983. By Messrs. Groover, Harris and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act so as to secure the coverage of employees of the City of Macon under the provisions of the Federal Social Security Act, and for other purposes.

HB 984. By Mr. Tallant 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 Cherokc;:, County, and for other purposes.

HB 985. By Mr. Tallant of Cherokee:
A Bill to be entitled an Act to place certain county officials of Cherokee County on a salary basis in lieu of a fee basis, and for other purposes.

HR 282. By Mr. Stewart of Echols:
A Resolution directing the Superintendent of Banks to report to the General Assembly concerning the licensing of loan companies, and for other purposes.

SB 168. By Senator Hawes of the 29th and Edenfield of the 16th:
A Bill to be entitled an Act to regulate the establishment of branch offices by building and loan associations, and for other purposes.

SB 169. By Senators Hawes of the 29th and Edenfield of the 16th:
A Bill to be entitled an Act to amend an Act relating to loans upon collateral, and for other purposes.

SB 170. By Senators Campbell of the 31st and Walker of the 45th:
A Bill to be entitled an Act to establish limits on the amount of term insurance which may be issued under group life insurance policies, and for other purposes.

1256

JOURNAL OF THE HOUSE,

SB 192. By Senator Cheek of the 23rd:
A Bill to be entitled an Act to amend Section 26-2603 of the Code of Georgia so as to change the penalty for larceny of an automobile, and for other purposes.

SB 199. By Senator Hall of the 15th:
A Bill to be entitled an Act to amend an Act so as to provide for the election of city tax assessors for the City of Vidalia, and for other purposes.
SB 203. By Senator Stoddard of the 50th: A Bill to be entitled an Act to amend an Act so as to change the term of office of the mayor and council of the City of Washington, and for other purposes.
SR 77. By Senator Millican of the 52nd: A Resolution authorizing the conveyance of certain lands of the W. & A. Railroad to Fulton County, and for other purposes.
SR 80. By Senator Wilkes of the 53rd:
A Resolution providing for a study of the advisability of establishing a Legislative Council, and for other purposes.

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

HB 734. By Messrs. Sipple, McGee and Cheatham of Chatham:
A Bill to be entitled an Act to amend an Act so as to prescribe the salary of the associate 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 906. By Messrs. Gowen and Nightingale of Glynn and others:
A Bill to be entitled an Act to abolish the fee system existing in the superior courts of the Brunswick Judicial Circuit, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, DECEMBER 1, 1953

1257

HB 913. By Mr. Johnson of Twiggs:
A Bill to be entitled an Act to amend an Act so as to change the term of holding superior court in Twiggs County, and for other purposes.

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

was agreed to.



On the passage of the bill, the ayes were 105, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 963. By Mr. Stewart of Echols:
A Bill to be entitled an Act to amend an Act establishing a county court in Echols County, and for other purposes.

The report of the committee, which was favorable to the passag.a 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 966. By Messrs. Groover, Harris and McKenna of Bibb:
A Bill to be entitled an Act to require all candidates for election to a public office in Bibb County to name an opponent, 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 969. By Mr. Tallant of Cherokee:
A Bill to be entitled an Act to amend an Act so as to provide that the clerks of the superior courts in certain counties may provide separate index books for recording instruments affecting real estate and personal property, a:nd for other purposes.

The report 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 873. By Messrs. Potts and B-lalock of Coweta:
A Bill to be entitled an Act authorizing the City of Newnan to convey certain property to the State, and for other purposes.

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

1258

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.
By unanimous consent, the following bill of the House was withdrawn from the Committee on Pensions, read the second time and recommitted to the Committee on Pensions:

HB 888. By Messrs. Connell and Register of Lowndes and Tumlin of Bartow:
A Bill to be entitled an Act to amend an Act providing for the paying of annuities to the peace officers of the State, and for other purposes.

By unanimous consent, the following bill of the House was withdrawn from the Committee on Motor Vehicles, read the second time, and recommitted to the Committee on Motor Vehicles:

HB 958. By Messrs. Short of Colquitt and Sheffield of Brooks:
A Bill to be entitled an Act to provide for the signing of a minor's application for a driver's license by his guardian, and for other purposes.

By unanimous consent, the following bill of the House was withdrawn from the Committee on Hygiene and Sanitation, read the second time and recommitted to the Committee on Hygiene and Sanitation:

HB 974. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act so as to provide that a dead body may be moved anywhere in this State under certain circumstances, and for other purposes.

By unanimous consent, the following bills of the House were withdrawn from
the Committee on General Judiciary # 1, read the second time and recommitted to the Committee on General Judiciary # 1 :

HB 883. By Mr. Green of Baldwin:
A Bill to be entitled an Act to amend the Code so as to provide that no evidence procured as the result of any unlawful search shall be admissible in evidence for any purposes, and for other purposes.

HB 894. By Mr. Green of Baldwin:
A Bill to be entitled an Act to amend the Code so as to provide that no confession obtained from an accused during custody but prior to commitment shall be admissible in evidence, and for other purposes.

By unanimous consent, the following resolutions of the House were withdrawn from the Committee on Special Appropriations, read the second time and recommitted to the Committee on Special Appropriations:

HR 221-743g. By Mr. Smith of Emanuel:
A Resolution compensating Trooper L. W. Boatwright of the Georgia State Patrol for injuries, and for other purposes.

TUESDAY, DECEMBER 1, 1953

1259

HR 278-881a. By Mr. Smith of Emanuel:
A Resolution compensating Mrs. Joan Howell Hicks for the death of her father, and for other purposes.

HR 279-881b. By Mr. Smith of Emanuel:
A Resolution compensating Mrs. Gladstone Barber for damages, 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 172. By Senator Parker of the 38th:
A Bill to be entitled an Act to amend an Act relating to who may be examined on interrogatories, relating to the procedure when the witness is a female or attendance, etc., and for other purposes.
Referred to the Committee on General Judiciary # 2.

SB 183. By Senator Singleton of the 24th:
A Bill to be entitled an Act to amend an Act relating to hunting at night so as to make it a misdemeanor to hunt at night with shot guns, containing larger than No. 5 shot and rifles greater than a .22 rim fire long rifle; and for other purposes.
Referred to the Committee on Game and Fish.

SB 186. By Senators Carlisle of the 51st and Edenfield of the 4th:
A Bill to be entitled an Act to amend an Act to provide that maximum widths of private ways and tramroads shall be increased from 15 feet to 20 feet, and for other purposes.
Referred to the Committee on Public Highways # 1.

SB 191. By Senators Redwine of the 26th and Singleton of the 24th:
A Bill to be entitled an Act to amend an Act relating to the qualifications. of applicants for license to act as real estate brokers or salesmen and the bond to be given so as to change the requirements of the bond, and for other purposes.
Referred to the Committee on State of Republic.

SB 195. By Senator Callaway of the 35th:
A Bill to be entitled an Act to amend an Act relating to Capitol Stock, and for other purposes.
Referred to the Committee on Banks and Banking.

SB 196. By Senator Callaway of the 35th:
A Bill to be entitled an Act to recognize the Georgia Rural Rehabilitation Corporation to be an agency of the State of Georgia; to direct that all

1260

JOURNAL OF THE HOUSE,

the holders of the no par value stock therein surrender the same to the Livestock Development Authority, and for other purposes.
Referred to the Committee on General Agriculture # 1.

SR 65. By Senator Stoddard of the 50th:
A Resolution providing for transfer of certain property being used fort the Confederate Soldiers Home to the Military Department of the State of Georgia, and for other purposes.
Referred to the Committee on Public Property.

SR 76. By Senator Stoddard of the 50th:
A Resolution authorizing the transfer of certain Property from the custody and control of the Georgia Forestry Commission to the custody and control of the State Department of Defense, and for other purposes.
Referred to the Committee on Public Property.

Under the regular order of business the following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 606. By Messrs. Carswell of Burke, Scoggin of Floyd and others:
A Bill to be entitled an Act to regulate the killing of rabbits, and for other purposes.
The following Senate amendment was read:
Senator Rogers of the 37th moves to amend HB 606 by adding a. new section to be known as Section 3A and to read as follows: "The provisions of this Act shall not apply to persons who raise rabbits and kill them for the purpose of resale." Further amend Section 2, line 3 after the words "shall any" by adding the word "such".

Mr. Carswell of Burke moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 115, nays 0. The Senate amendment to HB 606 was agreed to. The following resolution of the House was read:

HR 318. By Mr. Stewart of Echols:
A Resolution requesting the Secretary of State to submit information as to whether the American Turpentine Farmers Association Cooperative has violated any of the laws governing corporations of the State of Georgia, and for other purposes.

Mr. Stewart of Echols moved that the resolution be tabled and the motion was lost.
The resolution was lost.
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:

TUESDAY, DECEMBER 1, 1953

1261

SB 171. By Senators Singleton of the 24th and others:
A Bill to be entitled an Act to protect trade-mark owners, and for other purposes.
The following amendment was read and adopted:
Mr. McCracken of Jefferson moves to amend SB 171 as follows: Strike the period at the end of Itein A, Section 4, and substitute in lieu thereof a semi-colon.

The report of the committee, which was favorable to the passage of the bill, was a,greed to, as amended,
On the passage of the bill, as amended, the ayes were 112, nays 3.
The bill, having received the requisite constitutional majority, was passed, as &Jn.~nde4~
HB 897. By Messrs. Tumlin of Bartow, Kemp of Clayton and others:
A Bill to be entitled an Act to require bonds of wardens of state penal institutions, and .for other purposes.
The following amendment was read and adopted:
Mr. Duncan of Carroll moves to amend HB 897 by adding a neW' section to be appropriately numbered, and to read as follows: "Bonds for county wardens and assistant county wardens shall be paid for by the county."; and to amenci the caption accordingly.
The following committee amendment was read and adopted:
The Committee on Penitentiary moves to amend HB 897 by deleting subparagraph (a) of Section 2 in its entirety.

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.llO, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 896. By Mr. Hall of Floyd:
A Bill to be entitled an Act to amend an Act establishing a retirement system for certain teachers in the public 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 121, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 949. By Messrs. Ray of Warren, Adams of Evans, and others:
A Bill to be entitled an Act to amend an Act so as to provide that "hot" tractor fuel is not subject to the motor fuel tax, and for other purposes.

1262

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 2.
The bill, having received the requisite constitutional majority, was passed.

HB 326. By Messrs. Edenfield of Mcintosh, Murr of Sumter and others:
A Bill to be entitled an Act to make it a misdemeanor to hunt or to fish without a license, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 303. By Mr. Gowen of Glynn:
A Bill to be entitled an Act subjecting female witnesses to the same requirements as male witnesses, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority was passed.

HB 853. 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 commitment of youthful persons to the State Training School for Boys at Milledgeville, and for other purposes.

An amendment offered by Mr. Kemp of Clayton was withdrawn.
The following amendment was read and adopted:
Mr. Lokey of Fulton moves to amend HB 853 by striking Section 2 in its entirety and substituting a new Section 2 to read as follows:

SECTION 2
That from and after the passage of this Act all male persons between 16 and 18 years of age, who have been duly convicted in any of the courts of this State of crimes not punishable by death or imprisonment for life, and all male persons between 14 and 18 years of age in legal custody and control of a juvenile court of this State, may, in the discretion of the judge having jurisdiction, be committed to the Georgia State Training School for Boys, with a provision which the judge shall insert in said sentence providing that should the person being committed, in the discretion of the governing authorities of the Georgia. State Training School for Boys, prove to be uncontrollable through ordinary means of discipline or who, by reason of his conduct or atti-

TUESDAY, DECEMBER 1, 1953

1263

tude, should be unsuited to benefit from the opportunities at the Georgia State Training School for Boys, may be retransferred by the governing authorities of the Georgia State Training School for Boys to the court having original jurisdiction over said child; and ::.hould the judge of the Superior Court of the circuit having jurisdiction over said child determine that it is to the best interests of said chiid and of society, said judge may by appropriate order or sentence direct that said child be transferred to the State Prison at Tattnall at which institution he shall be segregated from confirmed criminals there and rehabilitated under the industrial school program of the State Department of Corrections at any of its units now or which may in the future be operated for such purposes. No person shall be committed to the Georgia State Training School for Boys by any court of this State except under the provisions of this Act, and the governing authorities of the Georgia State Training School for Boys shall not accept any person unless committed under the provisions of this Act.

The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 120, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HR 169-623a. By Messrs. Lovett and Gilder of Laurens:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, so as to provide for the merger of the existing school system and school district of the City of Dublin and the existing school district in the County of Laurens lying outside the corporate limits of said city into one school district; to provide for a Board of Education of such consolidated school system; to provide for bonded indebtedness for construction, erection, enlarging, repairing and improving necessary school buildings and acquiring property therefor; to authorize the General Assembly to enact laws affecting said school system and district; to provide for the power to contract; to provide for the Dublin-Laurens Col.Ulty Board of Education; to provide for the appointment and election of the members thereof: To amend Article VIII, Section VI, Paragraph I, of the Constitution of Georgia, so as to provide for the election and appointment of a Superintendent of the Dublin-Laurens County School System; to provide for the term of office, qualifications and salary of said Superintendent; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.
Upon the approval of this Resolution in the manner hereinafter provided, Article VIII, Section V, Paragraph I, of the Constitution of Georgia, is hereby amended by adding at the end thereof new paragraphs which shall read as follows:

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JOURNAL OF THE HOUSE,

"That the existing independent school system of the City of Dublin and the existing school system in the County of Laurens outside the corporate limits of the said City of Dublin are hereby merged into one school district co-extensive with the limits of Laurens County, and the said existing school system of the City of Dublin and the school system of said county outside the corporate limits of said City of Dublin 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 Georgia, separate from the political entities of the City of Dublin and the County of Laurens and shall be known as the Dublin-Laurens County School System.

"The school system so created is authorized to incur bonded indebt-

edness for the purpose of constructing, erecting, enlarging, repairing

and improving the necessary school buildings, and for acquiring th~

necessary property therefor.

-

"The said Dublin-Laurens 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 public school systems and districts by the Constitution and laws of the State of Georgia.
"The administration of said Dublin-Laurens County School System shall be vested in a board to be known as the Dublin-Laurens County Board of Education. Said board of education shall have the power to employ and fix salaries of any and all personnel necessary to effectuate the purposes of this amendment. Said board shall consist of eleven members, five of whom shall reside within the Dublin Militia District Number 342, which includes the City of Dublin, with one member from each of the four wards in the City of Dublin, and one member from the City of Dublin at-large, or the Dublin Militia District outside the corporate limits of the City of Dublin. Five members shall reside in Laurens County outside Dublin Militia District, as follows: One member shall reside within and represent that area covered by the three Militia Districts known as the G. M. D. Pinetucky Number 343, the G. M. D. Lowery Number 1367, and the G. M. D. Burch Number 1368; one member shall reside within and represent that area covered by the three Militia Districts known as the G. M. D. Cadwell Number 1682, the G. M. D. Reedy Springs Number 1369, ana the G. M. D. Hampton Mills Number 344; one member shall reside within and represent that area covered by the four Militia Districts known as the G. M. D. Dudley Number 1681, the G. M. D. Harvard Number 345, the G. M. D. Burgamy Number 341, and the G. M. D. Bailey Number 391; one member shall reside within and represent that area covered by the three Militia Districts known as the G. M. D. Buckeye Number 86, the G. M. D. Jackson Number 1309, and the G. M. D. Carters Number 1412; one member shall reside within and represent the three Militia Districts known as the G. M. D. Smith Number 52, the G. M. D. Oconee Number 1338, and the G. M. D. Rockledge Number 1720.

"The initial membership of the said board of education shall be appointed or elected, as the case may be, by March 1, 1955. The five members from the City of Dublin and the Dublin Militia District Number 342 shall be appointed by the Mayor and City Council of the City of Dublin. The five members from Laurens County shall be elected by a popular vote within the areas designated to be represented by the member on the third Tuesday in February, 1955.

TUESDAY, DECEMBER 1, 1953

1265

"These ten board members shall select the eleventh member from Laurens County at large, which includes the City of Dublin. The representatives from the Militia Districts Number 343, Number 1367 and Number 1368 shall hold office for five years. The member elected from Militia Districts Number 1682, Number 1369 and Number 344 shall hold office for four years. The member elected from Militia Districts Number 1681, Number 345 and Number 341 and Number 391 'shall hold office for three years.. The member representing Militia Districts Number 86, Number 1309 and Number 1412 shall hold office for two years. The member representing the Militia Districts Number 52, Number 1338 and Number 1720 shall hold office for one year. The member appointed from Ward Number 1 in the City of Dublin shall hold office for five years. The member appointed from Ward Number 2 in the City of Dublin shall hold office for four years. The member appointed from Ward Number 3 in the City of Dublin shall hold office for three years. The member appointed from Ward Number 4 in the City of Dublin shall hold office for two years, and the member from the City of Dublin at large, or the Dublin Militia District Number 342 shall hold office for one year. The member selected by the ten members of the board shall hold office for five years. Thereafter all terms of office shall hold for a term of five years. All vacancies on the board after the initial appointment or election shall be filled by the majority vote of the Dublin-Laurens County Board of Education.
"The General Assembly is authorized to pass such laws and legislation as may be necessary to the operation, conduct and control of said Dublin-Laurens County School System and its fiscal affairs, including the right and authority to create indebtedness, not in conflict with the Constitution of the State of Georgia, and to enable said Dublin-Laurens County School System to contract, and be contracted with, and to do all and every act or acts necessary for the proper operation and maintenance of a comprehensive school system throughout the limits of Laurens County, and to effectuate the purpose of this amendment.
"The General Assembly may authorize the City of Dublin and the County Commissioners of Laurens County to appropriate money from the general funds to the said Board of Education for educational purposes and may grant unto 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 Dublin and the property of the Laurens County School District outside the corporate limits of the City of Dublin shall become the property of the Dublin-Laurens County School System as of the effective date of this amendment.
"The specifications 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 Laurens County.
"The effective date of this amendment shall be July 1, 1955."

SECTION 2. Upon the approval of this Resolution in the manner hereinafter

1266

JOURNAL OF THE HOUSE,
provided, Article VIII, Section VI, Paragraph I, of the Constitution of Georgia, is hereby amended by adding at the end thereof a new paragraph which shall read as follows:
That from and after the effective date of this amendment, the Superintendent of the Dublin-Laurens County School System shall be selected or chosen by the Board of Education of the Dublin-Laurens County School System. Said Superintendent shall hold his office at the pleasure of the said Board of Education, his salary shall be fixed by the said Board of Education and he shall have qualifications fixed by law. The General Assembly may, by local Act, change, alter, or prescribe the qualifications of said Superintendent.
"The effective date of this amendment shall be July 1, 1955."
SECTION 3.
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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for rattfication or rejection to the electors as provided for in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendments to Article VIII, Section V, Paragraph I, and to Article VIII, Section VI, Paragraph I, of the Constitution of Georgia, merging the independent school system of the City of Dublin and the school system in Laurens County outside of said city; providing for the appointment of a Dublin-Laurens County Board of Education; and providing for the appointment of a Superintendent of said merged school districts.
"Against ratification of amendments to Article VIII, Section V, Paragraph I, and to Article VIII, Section VI, Paragraph I, of the Constitution of Georgia, merging the independent school system of the City of Dublin and the school system in Laurens County outside of said city; providing for the appointment of a Dublin-Laurens County Board of Education; and providing for the appointment of a Superintendent of said merged school districts."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If the 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 result and certify the result to the Governor wha shall,

TUESDAY, DECEMBER 1, 1953

1267

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 waa as follows:

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Baughman Bell Bentley
Best Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton Brown Buie Byrd
Callier Campbell of Oconee Carswell Chastain Cheatham Clark Clary Coffin Coker Conger Coogle Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway
Duncan Durham Edenfield Ed~ards Flynt Foster Fowler

Frier Gardner Garrard Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Horne Huddleston Hughes Ingle Ivey
Jackson Jessup
Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender

Layton Lewis Little Lokey Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson Ray
Register Rowland Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stevens of Marion

1268

, JOU:RNAL OF THE HOUSE,

Stocks Swindle Tamplin Tarpley
:... Todd Trapnell Tumlin Turk

Twitty Upshaw Ursrey Veal Walker Wardlow Watson White

Whitener Wiggins Wilkinson Williams of Bulloch Willis Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays, 0.

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

HR 216-743b, By Messrs. Kemp and Foster of Clayton:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I, of the Constitution, relating to county boards of education, so as to provide for the election of the members of the Board of Education of Clayton County by the people; to provide for the election of the County School Superintendent by the Board; to provide the procedure connected therewith; to provide for _the submission of this amendment for ratification or rejection; to repeal conflicting laws; 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, relating to county boards of education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Clayton County shall be composed of eleven members who shall be elected by the voters of Clayto11 County. For the purpose of electing such members, Clayton County shall be divided into eight Educa~ion Districts, as follows:
"Education District No. 1 shall be composed of Militia District No. 1644 (Forest Park); Education District No. 2 shall be composed of Militia District No. 1446 (Oak); Education District No. 3 shall be composed of Militia District No. 1088 (Jonesboro); Education District No. 4 shall be composed of Militia District No. 548 (Riverdale); Education District No. 5 shall be composed of Militia District No. 1651 (Lovejoy) and Militia District No. 538 (Panhandle); Education District No. 6 shall be composed of Militia District No. 1406 (Ellenwood); Education District No. 7 shall be composed of Militia District No. 1189 (Adamson); and Education District No. 8 shall be composed of Militia District No. 1890 (Mountain View).
"Two members each shall be elected from Education District Nos. 1, 2 and 3, and one member each shall be elected from Education Districts Nos. 4, 5, 6, 7, and 8. No person shall be eligible to serve as a member of the Clayton County Board of Education from an Edu-

TUESDAY, DECEMBER 1, 1953
cation District unless he shall reside in such district; however, all members of the Board shall be elected by the voters of the entire county of Clayton. No person who resides in t'hat 'portion of Clayton County embraced within the territory of an independent school district shall be eligible for election as a member of said Board. In order to be eligible to hold office as a member of said Board, a person must be of good moral character, favorable to the common school system, have at least a fair knowledge of the elementary branch of an English education, and must be qualified to vote for members of the General Assembly.
"Not later than ten days after the ratification of this amendment, it shall be the duty of the Ordinary of Clayton County to issue the call for an election for the purpose of electing the members of the Board of Education of Clayton County. The date of such election shall be set for a day not less than fifteen nor more than twenty days from the date of issuance of the call thereof. It shall be the duty of the Ordinary to publish the date of the election, the purpose thereof and a brief description of the procedure connected therewith, once a week for two weeks immediately preceding the. date thereof in the official organ of Clayton County. The members elected from Education Districts Nos. 1 and 2 shall serve for a term of six years; the members elected from Education Districts Nos. 3, 4 and 5 shall serve for a term of four years; the members elected from Education Districts No. 6, 7 and 8 shall serve for a term of two years. All members elected at such election shall take office January 1, 1955, and their term of office shall expire ori December thirty-first of the last year of such term. The successors to such members shall be elected for a term of six years and shall be elected at the same time members of the General Assembly are elected, in the year in which the term of the person they seek to succeed expires.
"The Board of Education of Clayton County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1954, and. the term of office of the members of such Board shall expire on such date. In case of a vacancy on said Board by death, resignation, or from any cause other than expiration of a term of office, the remaining members of the Board shall elect a successor who shall serve the unexpired term.
"The Board of Education of Clayton County shall, by a majority vote, elect the School Superintendent of Clayton County. No person shall be eligible to hold the office of Clayton County School Superintendent who does not have a master's degree from a recognized educational institution, and at least five years' experience in public school administration. He shall have such additional qualifications as may be fixed by law. The School Superintendent serving at the time of the ratification of this amendment shall serve until the expiration of the term for which he was elected, but all future Superintendents shall be elected by the Board as provided heretofore and shall serve at the pleasure of the Board. The compensation of the Superintendent shall be fixed by 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 branches of the General Assembly, and the same has been

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JOuRNAL OF THE HOUSE,

entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Clayton County by the people, and the election of the County School Superintendent by the Board.
"Against ratification of amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Clayton County by the people, and the election of the County School Superintendent by the Board."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Baughman
Bell Bentley
Best Black Blackburn Bloodworth Bodenhamer Boggus
Bolton Brannen

Brantley Britton Brown Buie Byrd Callier Campbell of Oconee
Carswell Chastain Cheatham Clark Clary Coffin Coker Conger Coogle

Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Flynt
Foster Fowler

TUESDAY, DECEMBER 1, 1953

12'71

Frier Gardner Girrard Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes
Henderson Hicks Hodges Holley Hollis Holloway , Holton
Horne Huddleston Hughes Ingle lvey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth

Jordan of Gwinnett Jordan of Wheeler Kemp Key
King Land Lanier Lavender Layton
Lewis Little Lokey Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin
Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye
Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia

Pickard Potts Raulerson Ray Register Rowland Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens Stevens of Marion Stocks Swindle Tamplin Tarpley Todd Trapnell
Tumlin Turk Twitty Upshaw Ursrey
Veal Walker Wardlow Watson White Whitener Wiggins
Wilkinson Williams of Bulloch Willis
Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

HR 218-743d. By Messrs. Watson and Gardner of Dougherty:
A RESOLUTION
To propose to the qualified voters of the County of Dougherty and the City of Albany an amendment to the Constitution of the State of Georgia to be known and designated as Paragraph 11 of Section 1 of Article 11 of the Constitution of the State of Georgia, authorizing the General Assembly to consolidate and combine all governmental func-

1272

JOURNAL OF THE HOUSE,

tions and powers now vested in and exercised by the cities and municipalities, in the County of Dougherty, with the governmental functions and powers now vested in and exercised by the County of Dougherty; to create, designate, and give a name to the political subdivision composed of the entire area of Dougherty County; to vest in and confer upon such subdivision such authority and power as may be conferred upon cities and municipalities, or counties, or both, under existing laws; to abolish any and all offices now existing under the charters of any such cities and municipalities, and any and all offices now existing under any and all Acts relating to the government of Dougherty County; and, also, to abolish the offices of Tax Collector, Tax Receiver, Tax Commissioner, Clerk of the 'Superior Court and ex-officio Clerk for the City Court of Albany, Ordinary, Sheriff, Coroner and County Surveyor in Dougherty County; to provide for the distribution of fines, forfeitures, penalties, fees and costs of the offices so abolished; to create new offices for the purpose of exercising and carrying out the powers to be vested in such political subdivision, and the powers and duties formerly appertaining to such offices so abolished and the powers and duties formerly exercised by Dougherty County and the cities and municipalities in Dougherty County; to divide such political subdivision into zones or districts for the purpose of taxation and other purposes; to fix a maximum rate of ad valorem taxation to be levied by authority of such political subdivision, within the various zones and districts, without regard to the uniformity of the rate; to provide for specific, business, occupation, franchise and license taxation; to abolish any and/or all offices, Boards, Commissions and Courts now existing in the County of Dougherty, except the Superior Court of Dougherty County, and to create new offices, Boards, Commissions, and Courts in lieu thereof and to vest in them the powers, duties, and righdts and liabilities of said offices, Boards, Commissions and Courts thus abolished; and, also, to delegate to the authorities handling the fiscal affairs of said County of Dougherty, full power and authority to abolish all such Offices, Boards and Commissions, and to create in lieu thereof new Offices, Boards and Commissions to be vested with all of the duties and powers of said Offices, Boards and Commissions thus abolished; to pro.vide for the extension of fire protection and/or other particular munici-
pal services andt improvements to areas outside the cities and municipalities in Dougherty County and for the levying of taxes therefor and/ or for the assessment of the costs thereof against the persons and the property in the areas to which said services are extended; to provide for a system of improvement and the paving of roads outside of the cities and municipalities of said County and for the assessment and .collection of the costs thereof; to provide for the registration of voters, changing and abolishing of election precincts, and the procedure connected with these matters; to provide for the election of officials to plan and prepare for the new system of government and the operation thereof and the making of provisions for the proper offices and the machinery therefor; to provide for the employment of assistants to such officers; to provide for the payment of compensation to such officers and such assistants and to provide for the levying of taxes therefor in addition to other taxes; and to provide that the General Assembly, in exercising the powers herein conferred, may include in the Act or Law or any amendment thereto any one or more of the powers or provisions herein enumerated, and may exclude therefrom any one or more of the powers or provisions herein enumerated, and in exercising the powers herein conferred, it shall not be necessary that the enactment, or enactments, of the General Assembly pursuant hereto

TUESDAY, DECEMBER 1, 1953

1273

carry with it a referendum to the qualified voters of the County of Dougherty or the City of Albany; and to provide that, notwithstanding this Amendment or any action thereunder, said County of Dougherty shall remain a County, within the meaning of the Constitution and laws with reference to the levying of taxes, and all other matters where the provisions of such Constitution and laws do not conflict with this Amendment, or the statutes passed pursuant thereto, and the urban district, or districts, now or hereafter embraced in, or corresponding to, the cities and municipalities located in Dougherty County, and each urban district now or hereafter embraced in, or corresponding to, any city in which may be located the sitting of any City Court, shall still remain a City within the meaning of the provisions of Article VI, Section II, Paragraphs 8 and 9 of the Constitution, with reference to the City Courts of Atlanta and Savannah and other like courts, and, also, within the meaning of the Constitution and laws with reference to all other matters, where the provisions of such Constitutional laws do not conflict with this amendment or the statutes passed pursuant thereto; to provide for the submission of said amendment to the qualified voters of the City of Albany and the County of Dougherty; and, for other purposes.

Section 1.
Be it resolved by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Constitution of the State of Georgia be amended by adding thereto a paragraph -to be known as Paragraph 11 of Section 1 of Article 11 of the Constitution of the State of Georgia, as follows:
"The General Assembly shall have the power to consolidate and and combine all governmental functions and powers now vested in and exercised by the cities and municipalities, in the County of Dougherty, with the governmental functions and powers now vested in and exercised by the County of Dougherty; to create, designate, and give a name to the political subdivision composed of the entire area of Dougherty County; to vest in and confer upon such subdivision such authority and power as may be conferred upon cities and municipalities, or counties, or both, under existing laws; to abolish any and all offices now existing under the charters of any such cities and municipalities, and any and all offices now existing under any and all Acts relating to the government of Dougherty County, and, also, to abolish the offices of Tax Collector, Tax Receiver, Tax Commissioner, Clerk of the Superior Court and ex-officio Clerk for the City Court of Albany, Ordinary, Sheriff, Coroner and County Surveyor in Dougherty County, and to provide for the distribution of fines, forfeitures, penalties, fees and costs of the offices so abolished; to create new offices for the purpose of exercising and carrying out the powers to be vested in such political subdivision, and the powers and duties formerly appertaining to web offices so abolished and the powers and duties formerly exercised by Dougherty County and the cities and municipalities in Dougherty County; to divide such political subdivision into zones or districts for the purpose of taxation and other purposes; to fix a maximum rate of ad valorem taxation to be levied by authority of such political subdivision, within the various zones and districts, without regard to the uniformity of the rate; to provide for specific, business, occupations, franchise and license taxation: to abolish any and/or all offices, Boards, Commissions and Courts now ex-

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isting in the County of Dougherty, except the Superior Court of Dougherty County, and to create new Offices, Boards, Commissions and Courts in lieu thereof and to vest in them the powers, duties, and rights and liabilities of said Offices, Boards, Commissions and Courts thus abolished; and, also, to delegate to the authorities handling the fiscal affairs of said County of Dougherty, full power and authority to abolish all such offices, boards and commissions, and to create in lieu thereof new offices, boards and commissions to be vested with all of the duties and powers of said offices, boards and commissions thus abolished; to provide for the extension of fire protection and/or other particular municipal services and improvements to areas outside the cities and municipalities in Dougherty County and for the levying of taxes therefor and/or for the assessment of the costs thereof against the persons and the property in the areas to which said services are extended; to provide for a system of improvement and the paving of roads outside of the cities and municipalities of said County and for the assessment and collection of the costs thereof; to provide for the registration of voters, changing and abolishing of election precincts, and the procedure connected with these matters; to provide for the election of officials to plan and prepare for the new system of government and the operation thereof and the making of provisions for the proper offices and the machinery therefor; to provide for the employment of assistants to such officers; to provide for the payment of compensation to such officers and such assistants and to provide for the levying of taxes therefor, in addition to other taxes. The General Assembly, in exercising the powers herein conferred, may include in the act or law or any amendment thereto any one or more of the powers or provisions herein enumerated, and may exclude therefrom any one or more of the powers or provisions herein enumerated, and in exercising the power herein conferred, it shall not be necessary that the enactment, or enactments, of the General Assembly pursuant hereto carry with it a referendum to the qualified voters of the County of Dougherty or the City of Albany. Notwithstanding this amendment or any action thereunder, said County of Dougherty shall remain a County, within the meaning of the Constitution and laws with reference to the levying of taxes, and all other matters where the provisions of such Constitution and laws do not conflict with this amendment, or the statutes passed pursuant thereto, and the urban district, or districts, now or hereafter embraced in, or corresponding to, the cities and municipalities located in Dougherty County, and each urban district now or hereafter embraced in, or corresponding to, any city in which may be located the sitting of any city court, shall still remain a city within the meaning of the provisions of Article VI, Section II, Paragraphs 8 and 9 of the Constitution, with reference to the city courts of Atlanta and Savannah and other like courts, and, also, within the meaning of the Constitution and laws with reference to all other matters, where the provisions of such Constitution and laws do not conflict with this amendment or the statutes passed pursuant thereto; and for other purposes.
Section II.
Be it further enacted by the authority aforesaid, that when this Amendment shall be agreed to by a two-thirds vote of the members elected to each of the two Houses, it shall be entered on their Journals, with the yeas and nays taken thereon, and shall be published in

TUESDAY, DECEMBER 1, 1953

1275

one or more of the newspapers in the County of Dougherty for two months previous to the time of holding the next general election, and shall be submitted to the people of Dougherty County and the City of Albany at the 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 known as Paragraph 11, Section 1, Article 11 of the Constitution providing for the consolidation of the City of Albany and the County of Dougherty," and all persons voting at said election against adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words "Against the Ratification of Amendment known as Paragraph 11, Section 1, Article 11 of the Constitution providing for the consolidation of the City of Albany and the County of Dougherty," and if ratified by a majority of the electors of the City of Albany and the County of Dougherty qualified to vote for members. of the General Assembly, voting thereon, shall vote for ratification thereof, when the returns thereof shall be consolidated as now required by law in elections for members of the General Assembly and returns thereof made to the Governor, then he shall declare said amendment adopted and made publication of the results of said election by one insertion in one of the daily newspapers of this State
declaring the amendment ratified.

Section III.
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.
Notice is hereby given of intention to apply for passage of local or special legislation in the adjourned 1953 session of the General Assembly of Georgia applicable to the City of Albany and the County of Dougherty, being an Act to propose to the qualified voters of the County of Dougherty and the City of Albany an amendment to the Constitution of the State of Georgia to be known and designated as Paragraph 11 of Section 1 of Article 11 of the Constitution of the State of Georgia, authorizing the General Assembly to consolidate and combine all governmental functions and powers now vested in and exercised by the cities and municipalities, in the County of Dougherty, with the governmental functions and powers now vested in and exercised by the County of Dougherty; to create, designate, and give a name to the political subdivision composed of the entire area of Dougherty County; to vest in and confer upon such subdivision such authority and power as may be conferred upon cities and municipalities, or counties, or both, under existing laws; to abolish any and all offices now existing under the charters of any such cities and municipalities, and any and all offices now existing under any and all Acts relating to the government of Dougherty County, and, also, to abolish the offices of Tax Collector, Tax Receiver, Tax Commissioner, Clerk of the Superior Court and exofficio Clerk for the City Court of Albany, Ordinary, Sheriff, Coroner and County Surveyor in Dougherty County; to provide for the distribution of fines, forfeitures, penalties, fees and costs of the offices so abolished; to create new offices, for the purpose of exercising and carrying out the powers to be vested in such political subdivision, and the powers and duties formerly appertaining to such offices so abolished and the powers and duties formerly exercised by Dougherty County

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JOURNAL OF THE HOUSE,
and the cities and municipalities in Dougherty County; to divide such political subdivision into zones or districts for the purpose of taxation and other purposes; to fix a maximum rate of ad valorem taxation to be levied by authority of such political subdivision, within the various zones and districts, without regard to the uniformity of the rate; to provide for specific, business, occupation, franchise and license taxation; to abolish any and/or all offices, Boards, Commissions and Courts now existing in the County of Dougherty, except the Superior Court of Dougherty County, and to create new offices, Boards, Commissions, and Courts in lieu thereof and to vest in them the powers, duties, and rights and liabilities of said offices, Boards, Commissions and Courts thus abolished; and, also, to delegate to the authorities handling the fiscal affairs of said County of Dougherty, full power and authority to abolish all such Offices, Boards and Commissions, and to create in lieu thereof new offices, Boards and Commissions to be vested with all of the duties andpowers of said Offices, Boards and Commissions thus abolished; to provide for the extension of fire protection and/or other particular municipal services and improvements to areas outside the cities and municipalities in Dougherty County and for the leying of taxes therefor and/or for the assessment of the costs thereof against the persons and the property in the areas to which said services are extended; to provide for a system of improvement and the paving of roads outside of the cities and municipalities of said County and for the assessment and collection of the costs thereof; to provide for the registration of voters, the use of voting machines, changing and abolishing of election precincts, and the procedure connected with these matters; to provide for the election of officials to plan and prepare for the new system of government and the operation thereof and the making of provisions for the proper offices and the machinery therefor; to provide for the employment of assistants to such officers; to provide for the payment of such officers and such assistants and to provide for the levying of taxes therefor; and to provide that the General Assembly, in exercising the powers herein conferred, may include in the Act or Law or any amendment thereto any one or more of the powers or provisions herein enumerated, and may exclude therefrom any one or more of the powers or provisions herein enumerated, and in exercising the powers herein conferred, it shall not be necessary that the enactment, or enactments, of the General Assembly pursuant hereto carry with it a referendum to the qualified voters of the County of Dougherty or the City of Albany; and to provide that, notwithstanding this Amendment or any action thereunder, said County of Dougherty shall remain a County, within a meaning of the Constitution and laws with reference to the levying of taxes, and all other matters where the provisions of such Constitution and laws do not conflict with this Amendment, or the statutes passed pursuant thereto, and the urban district, or districts, now or hereafter embraced in, or corresponding to, the cities and municipalities located in Dougherty County, and each urban district now or hereafter embraced in, or corresponding to, any city in which may be located the sitting of any city court, shall still remain a City within the meaning of the provisions of Article VI, Section II, Paragraphs 8 and 9 of the Constitution, with reference to the City Courts of Atlanta and Savannah and other like courts, and, also, within the meaning of the Constitution and laws with reference to all other matters, where the provisions of such Constitution and laws do not conflict with this amendment or the statutes passed pursuant thereto; to provide for the submission of sad amend-

TUESDAY, DECEMBER 1, 1953

127.7

ment to the qualified voters of the City of Albany and the County of Dougherty; and, for other purposes.
B. C. GARDNER, JR. G. STUART WATSON Rep. Dougherty County, Georgia
Advertisement Albany Herald October 22, 29, November 5th. GEORGIA, FULTON COUNTY:
Personally appeared before the undersigned, an officer duly authorized to administer oaths in and for said State and County, B. C. Gardner, Jr., and G. Stuart Watson, who on oath depose and say that they are the authors of the above and foregoing Bill, and that the notice of intention to apply for the passage of said Bill immediately preceding this affidavit was published in The Albany Herald, the newspaper in which the Sheriff's advertisements for the City of Albany and the County of Dougherty 'are published, once a week for three weeks during 11- period of 60 days immediately preceding the introduction of said Bill into the General Assembly; said notice having been published in said newspaper on October 22, October 29, and November 5, 1953.
Is/ B. C. GARDNER, JR. B. C. GARDNER, JR.
Is/ G. STUART WATSON G. STUART WATSON
Sworn to and subscribed before me, this the 16 day of November, 1953.
/s/ WM. B. GUNTER Notary Pubiie
! :.:.
Hall County, Ga.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, tli~ roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Evans

Adams of Upson

Ayers



Barber of Colquitt

Barber of Jackson

Baughman

Bell

Bentley

Best

Black

Blackburn

Bloodworth

Bodenhamer

Boggus

Bolton

Brannen

Brantley

Britton

Brown

Buie Byrd
Callier Call\pbell of Oconee Carswell Chastain Cheatham Clark Clary Coffin Coker Conger Coogle
Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton

Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Flynt
Foster Fowler Frier
Gardner Garrard
Gilder Gillis Goodson Gowen Graham Green of Baldwin

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JOURNAL OF THE HOUSE,

Green of Rabun Greene of Crisp
Greer Grimsley Groover of Bibb --Groover of Troup
Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Horne Huddleston Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land

Lanier Lavender Layton
Lewis Little Lokey
Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye
Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale
Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson

Ray
Register Rowland Rutland Sheffield Short Smiley
Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens Stevens of Marion Stocks Swindle Tamplin Tarpley Todd Trapnell Tumlin Turk Twitty Upshaw Ursrey
Veal Walker Wardlow Watson White Whitener Wiggins Wilkinson Williams of Bulloch Willis Wooten Young

Those voting in the negative, 0.

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

HR 237-743w. By Messrs. Mincy and Frier of Ware:

A RESOLUTION
Proposing to the qualified voters an amendment to Article V of the Constitution of the State of Georgia by adding, at the end thereof a new section and paragraph, creating the Waycross and Ware County Development Authority as a constitutional authority and public corporation, providing for the appointment, eligibility and tenure of members and officers and conferring on the General Assembly the authority to prescribe by law additional powers and duties for said authority; pro-

TUESDAY, DECEMBER 1, 1953

1279

viding 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 1.
That Article V of the Constitution of the State of Georgia is hereby amended by adding to the end thereof a new section and paragraph to be known as Section VIII, Paragraph I, which shall read as follows, to-wit:
"Article V, Section VIII, Paragraph I. There is hereby created a body corporate and politic to be known as the 'Waycross and Ware County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Ware County and the corporate limits of the City of Waycross. The County of Ware and the City of Waycross may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"The Authority shall consist of eight members who shall have such control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly of Georgia, and such additional powers as may be delegated to the Authority by the County of Ware and the City of Waycross. Members of the Authority shall be residents of Ware County within or without the corporate limits of the City of Waycross. The first appointments shall be for terms of one, two, three and four years. Thereafter all terms and appointments, except in case of a vacancy, shall be for four years. The General Assembly shall provide for appointment of members of the Authority. The Authority shall elect a chairman, a vice-chairman and a secretarytreasurer. The secretary-treasurer shall not be required to be a member of the Authority.
"All lands and improvements thereon the title to which is vested in the Authority, and all debentures and revenue anticipation certificates issued by the Authority, shall be exempt from State and local taxation.
"Said Authority is created for the purpose of developing and promoting for the public good and general welfare industry, agriculture, commerce, natural resources, and vocational training and the making of long-range plans for the coordination of such development, promotion and expansion, within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Ware or the City of Waycross. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."

Section 2. When the above proposed amendment to the Constitution shall

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JOURNAL OF THE HOUSE;

have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor i~ hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section 1, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution.
The ballot submitting the above proposed amendment .shall have written or printed thereon the following: "For ratification cxf amendment to Article V of the Constitution of Georgia, creating the Waycross and Ware County Development Authority." "Against ratification of amendment to Article V of the Constitution of Georgia, creating the Waycross and Ware County Development Authority."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Ware County and also a majority of said electors voting thereon in the City of Waycross shall vote for ratification thereof, this amendment shall become a part of the Constitution of the State of Georgia. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson
Ayers Barber of Colquitt Barber of Jackson Baughman
Bell Bentley Best Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton

Brown Buie Byrd
Callier Campbell of Oconee Carswell Chastain Cheatham Clark Clary
Coffin Coker Conger Coogle Cornelius Cowart Cummings Dean of Towns

Deen of Bacon Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Flynt
Foster Fowler Frier Gardner Garrard Gilder Gillis Goodson

TUESDAY, DECEMBER 1, 1953

1281

Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Horne Huddleston Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key

King
Land Lanier Lavender Layton
Lewis Little Lokey Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye
Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts

Raulerson Ray Register Rowland Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smth Stephens Stevens of Marion
Stocks Swindle Tamplin Tarpley Todd Trapnell Tumlin Turk Twitty Upshaw Ursrey Veal Walker Wardlow Watson White Whitener Wiggins
Wilkinson Williams of Bulloch Willis Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

HR 238-743x. By Messrs. Mincy and Frier of Ware:

A RESOLUTION
Proposing to the qualified voters of Ware County, Georgia, an amendment to Article 7 Section 1 Paragraph 4 of the Constitution of Georgia to provide for exemption from City School Tax the residences of all persons in the City of Waycross, Ware County, Georgia, who have attained the age of sixty-five (65) years and who with their spouse have a combined total income of less than $2500.00 per annum.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

1282

JOURNAL OF THE HOUSE,

Section 1.
That Article 7 Section 1 Paragraph 4 of the Constitution of Georgia be amended by adding thereto the following paragraph:
The City of Waycross, Ware County, shall not levy a City School Tax on any dwelling house used as a residence by its owner where such owner has attained the age of sixty-five (65) years, provided such owner with his or her spouse has a combined total income of less than $2500.00 per annum.

Section 2.
Be it further resolved 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, 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 Waycross, Ware County, for two months previous to the time of holding the next general election at which members of the General Assembly are chosen, and said Amendment shall be submitted to the people at said next general election.
All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballot the words: "For ratification of amendment to Article 7 Section 1 Paragraph 4 of the Constitution, providing that the City of Waycross, Ware County, shall not levy a City School Tax on any dwelling house used as a residence by its owner where such owner has attained the age of sixty-five years, provided such owner with his or her spouse has a combined total income of less than $2500.00 per annum;"; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment to Article 7 Section 1 Paragraph 4 of the Constitution, providing that the City of Waycross, Ware County, shall not levy a City School Tax on any dwelling house used as a residence by its owner where such owner has attained the age of sixty-five years, provided such owner with his or her spouse has a combined total income of less than $2500.00 per annum."
If the majority of electors qualified to vote for members of the General Assembly, voting thereon in the City of Waycross, Ware County, shall vote for ratification thereof, when the return 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 1 Paragraph 4 of the Constitution of the State and the Governor shall make a proclamation thereof.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers

Barber of Colquitt Barber of Jackson Baughman

Bell Bentley Best

TUESDAY, DECEMBER 1, 1953

1283

Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton Brown Buie Byrd Callier Campbell of Oconee Carswell Chastain Cheatham Clark Clary
Coffin Coker Conger Coogle Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Flynt Foster Fowler Frier Gardner Garrard Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley
Groover of Bibb

Groover of Troup Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Horne Huddleston Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King
Land Lanier Lavender Layton Lewis Little Lokey Lovett McCracken McGarity McKenna McWhorter Martin Matheson :M:atthews Mau'ldin Mishoe Moate Mobley Moore of Pickens
Moore of White Moses

Moye Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale
Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson Ray Register Rowland Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens Sevens of Marion Stocks Swindle Tamplin Tarpley Todd Trapnell Tumlin Turk Twitty Upshaw Ursrey Veal Walker Wardlow Watson White Whitener Wiggins Wilkinson Williams of Bulloch Willis Wooten Young

By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 167, nays 0.

1284

JOURNAL OF THE HOUSE,

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

HR 242-790a. By Messrs. Hollis, Young and Pickard ef Muscogee:

A RESOLUTION
To propose to the qualified voters of Muscogee County, Georgia (under provisions of Article XIII, Section I, Paragraph I, as amended in 1952) an amendment to Article VII, Section IV, Paragraph II of the Constitution of the State of Georgia, by which the General Assembly of Georgia, upon such terms, conditions and regulations as it shall determine, may grant to the governing authority of Muscogee County, Georgia, the right to improve streets and sidewalks within residential subdivisions located in said County without the corporate limits of any municipality, and to assess the costs against the abutting property owners.

Section 1.
Be it resolved by the General Assembly of the State of Georgia that Article VII, Section IV, Paragraph II of the Constitution of the State of Georgia be amended by adding thereto the following:
"The General Assembly of Georgia, upon such terms, conditions and regulations as it shall determine, may grant unto the governing authority of Muscogee County, Georgia, the right to grade, curb, gutter, pave, repave and repair streets and sidewalks within any residential subdivision in the County located without the corporate limits of any municipality, when a majority of the abutting property owners have requested such improvements; and further, may grant to the governing authority of said County the right to assess the construction costs of such improvements prorated against the abutting property owners, with a lien thereon for such costs, enforceable through the issuance and levy of executions."

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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, shall cause such proposed amendment to be published as provided in Article XIII, Section 1, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of holding the next general election at which the above proposed amendment shall be submitted to the electors of Muscogee County, Georgia, for ratification or rejection, as provided in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following: "For ratification of amendment to Article VII, Section IV, Paragraph II of the Constitution authorizing the General Assembly to empower the governing authority of said County to improve streets and sidewalks within residential sub-
divisions located in said County without the corporate limits of any
municipality, and to assess the cost against abutting property owners."

TUESDAY, DECEMBER 1, 1953

1285

"Against ratification of amendment to Article VII, Section IV, Paragraph II of the Constitution authorizing the General Assembly to empower the governing authority of said County to improve streets and sidewalks within residential subdivisions located in said County without the corporate limits of any municipality, and to assess the cost against abutting property owners."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If the people shall ratify such amendment by a majority of the qualified electors 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 result and certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

The following substitute to HR 242-790a, offered by Messrs. Hollis, Pickard and Young of Muscogee, was read and adopted:

A RESOLUTION
To proposed to the qualified voters of Muscogee County (under the provisions of Article XIII, Section I, Paragraph I, as amended) an amendment to Article VII, Section IV, Paragraph II, of the Constitution of the State of Georgia to provide that the General Assembly may grant to the governing authority of Muscogee County, Georgia, the right to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any unincorporated areas of said County where the owners of property having at least 51 o/o of the frontage abutting such proposed improvements shall consent thereto; to assess the costs of such improvements pro rata against the abutting property owners, and to provide for the issuance and enforcement of executions for the collection of such assessments, and for the creation of liens against the abutting property; and for other purposes.

Section 1.
Be it resolved 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 Muscogee County, Georgia, in addition to powers already granted, the powers to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any unincorporated areas of said County where the owners of property having at least 51 o/o of the frontage abutting such proposed improvements shall consent thereto; to assess the costs of such improvements pro rata against the abutting property owners, and to issue and enforce executions for the collection of such assessments, thereby creating liens against the abutting property."

1286

JOURNAL OF THE HOUSE,

Section 2.
Be it further resolved that when the above proposed amendment to the Constitution shall have been agreed to by the requisite twothirds of the members of each house, with the "Ayes" and "Nays" entered thereon, it shall be published and submitted to the qualified voters of Muscogee County 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 empower the governing authority of Muscogee County, Georgia, to improve streets and to make other public improvements in any unincorporated areas of said County and to assess the costs thereof against 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 empower the governing authority of Muscogee County, Georgia, to improve streets and to make other public improvements in any unincorporated areas of said County and to assess the costs thereof against abutting property owners."
If adopted by the vote required under the Constitution, the 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 thereof, as provided by law.

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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Baughman Bell Bentley Best Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton Brown Buie Byrd

Callier Campbell of Oconee Carswell Chastain Cheatham Clark Clary Coffin Coker Conger Coogle
Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan

Durham Edenfield Edwards Flynt Foster Fowler Frier Gardner Garrard Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup

TUESDAY, DECEMBER 1, 1953

1287

Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Horne Huddleston Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton Lewis

Little Lokey
Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson Ray Register

Rowland Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens
Stevens of Marion Stocks Swindle Tamplin Tarpley
Todd Trapnell Tumlin Turk Twitty Upshaw Ursrey Veal Walker Wardlow Watson White Whitener Wiggins Wilkinson Williams of Bulloch Willis Wooten Young

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

On the adoption of the resolution, by substitute, the ayes were 167, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

HR 244-790c. By Mr. Holloway of Gilmer:

A RESOLUTION
Proposing to the qualified voters an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Gilmer County by the people; to provide for date of election; to provide for terms of office; 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
Article VIII, Section V, Paragraph I of the Constitution, relating

1288

JOURNAL OF THE HOUSE,
to county boards of education, is hereby amended by adding at the end thereof the following:
"The County Board of Education of Gilmer County shall be composed of five members, who shall be elected by the people of said county. Not less than five nor more than ten days after the date of the ratification of this amendment, the Ordinary of Gilmer County shall issue a call for an election for the purpose of electing the members of the county board of education. The date of such election shall be fixed to be held on a date not less than twenty nor more than thirty days from the date of the call thereof. The date and purpose of such election shall be published in the official organ of Gilmer County once a week for two weeks immediately preceding the date of the election. The five persons receiving the highest number of votes at said election shall take office January 1, 1955, and their terms shall expire December 31, 1958. Their successors and all future successors shall be elected at the general election in the year in which their terms of office expire, and _they shall take office on January 1 following their election. The term of office shall be for four years and until their successors are elected and qualified. Should a vacancy occur on said board, the remaining members shall elect a person to fill the unexpired term. The members of the board shall be elected from that portion of the county not embraced within the territory of an independent school district."
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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment s);J.all have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Gilmer County by the people."
"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Gilmer County by the people."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If the people shall ratify such amendment by a majority of the
electors qualified to vote voting thereon, such amendment shall be-
come a part of the Constitution of this State. The returns of the elec-

TUESDAY, DECEMBER 1, 1953

1289

tion 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 certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Baughman Bell Bentley Best Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton Brown Buie Byrd Callier Campbell of Oconee Carswell Chastain Cheatham Clark Clary Coffin Coker Conger Coogle
Cornelius Cowart Cummings Dean of Towns Deen of Bacon
Denton Dews Drinkard Dunaway Duncan Durham Edenfield

Edwards Flynt Foster Fowler Frier Gardner Garrard Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley
Hollis Holloway Holton Horne Huddleston Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth

Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton Lewis Little Lokey Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia
Pickard Potts Raulerson Ray

1290

JOURNAL OF THE HOUSE,

Register Rowland Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens Stevens of Marion

Stocks Swindle Tamplin Tarpley
Todd Trapnell Tumlin Turk Twitty Upshaw Ursrey
Veal

Walker Wardlow Watson White Whitener Wiggins Wilkinson Williams of Bulloch Willis Wooten Young

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

On the adoption of the resolution, the ay~s were 167, nays 0.

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

HR 246-790e. By Mr. Lovett of Laurens:

A RESOLUTION
Proposing to the qualified voters of Laurens County an amendment to Article VIII, Section V, Paragraph I of the Constitution, relating to the county system of public schools by providing that in the County of Laurens the Grand Jury shall select two members of the Board of Education from the east side of the Oconee River and three members thereof from the west side of said river; 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, relating to the county system of public schools is hereby amended by adding thereto the following proviso:
"Provided, however, in the County of Laurens, the Grand Jury shall select two members of the Laurens Board of Education from the east side of Oconee River, and three members thereof from the west side of said river."

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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or

TUESDAY, DECEMBER 1, 1953

1291

rejection to the electors as provided in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution providing that in Laurens County the Grand Jury shall select two members of the County Board of Education from the east side of the Oconee River and three members thereof from the west side of said river."
"Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution providing that in Laurens County the Grand Jury shall select two members of the County Board of Education from the east side of the Oconee River and three members thereof from the west side of said river."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

The report of the committee, which was favorable to the adoption of the

resolution, was agreed to.



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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson
Ayers Barber of Colquitt Barber of Jackson Baughman
Bell Bentley
Best Black Blackburn Bloodworth Bodenhamer Boggus
Bolton Brannen Brantley Britton Brown Buie

Byrd Callier Campbell of Oconee Carswell Chastain Cheatham Clark Clary Coffin Coker Conger Coogle Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton Dews Drinkard

Dunaway Duncan Durham Edenfield Edwards Flynt Foster Fowler Frier Gardner Garrard Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Gre~ne of Crisp Greer

1292

JOURNAL OF THE HOUSE,

Grimsley Groover of Bibb Groover of Troup Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley
Hollis Holloway Holton Horne Huddleston Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender

Layton Lewis Little Lokey Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye
Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson Ray

Register Rowland Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens Stevens of Marion Stocks Swindle Tamplin Tarpley
Todd Trapnell Tumlin Turk Twitty Upshaw Ursrey Veal Walker Wardlow Watson White Whitener Wiggins Wilkinson Williams of Bulloch Willis Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

HR 248-790g. By Messrs. M. Smith, H. Smith, and Lokey of Fulton:

A RESOLUTION
Authorizing the State Highway Department of Georgia by and through the proper officials of the State of Georgia to convey to Fulton County, a political subdivision of the State !)f Georgia, without cost to said County all surplus property purchased by said County with its bond funds in the name of State Highway Department of Georgia.
WHEREAS, Fulton County, a political subdivision of the State of Georgia, by negotiation and by condemnation proceedings, acquired all of the land on the North-South Expressway between University Avenue in Fulton County, Georgia and the Clayton County, Georgia,

TUESDAY, DECEMBER 1, 1953

1293

County line in the name of the State Highway Department of Georgia, being project Ul-536 (2) Section lA and project Ul-536 (2) Section lB of said Highway Department, and:
WHEREAS, said land was purchased by said county entirely with Bond Funds of said county, the State Highway Department of Georgia paying no part of said purchase price, and ;
WHEREAS, all of said land purchased had first been appraised by competent real estate appraisers, and;
WHEREAS, in some instances the said county purchased by negotiation more land than was necessary for the construction of the said North-South Expressway when same could be purchased within the appraised price and title to all land thus purchased was taken in the name of the State Highway Department of Georgia, thereby placing in the name of the State Highway Department of Georgia surplus property which can be sold by said county, the proceeds of which can be applied against the bonded indebtedness of said county.
NOW, THEREFORE, be it resolved by the General Assembly of the State of Georgia, that the State Highway Department of Georgia, by and through its proper officers, convey to Fulton County, a political subdivision of the State of Georgia, all of the surplus property along the North-South Expressway in Fulton County between University Avenue and the Clayton County line in project UI-536 (2) Section lA and project UI-536 (2) Section lB. If for any reason the officers of the State Highway Department of Georgia cannot execute such deeds, then the proper officials of the State of Georgia are hereby authorized to execute the necessary deeds.

The report of the committee, which was favorable to the adoption of the resolutimi, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Baughman
Bell Bentley Best Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton Brown

Buie Byrd Callier Campbell of Oconee Carswell Chastain Cheatham Clark Clary Coffin Coker Conger Coogle
Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton

Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Flynt Foster Fowler Frier Gardner Garrard
Gilder Gillis Goodson Gowen Graham Green of Baldwin

1294

JOURNAL OF THE HOUSE,

Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Horne Huddleston Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King
Land

Lanier Lavender Layton Lewis Little Lokey Lovett McCracken McGarity
McKenna l\Ic Whorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley
Moore of Pickens Moore of White !\loses Moye Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson

Ray Register Rowland Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens
Stevens of Marion Stocks Swindle Tamplin Tarpley
Todd Trapnell Tumlin Turk Twitty Upshaw Ursrey
Veal Walker Wardlow Watson
White Whitener Wiggins Wilkinson Williams of Bulloch Willis Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

HR 252-791a. By Mr. Green of Rabun:

A RESOLUTION
Proposing to the qualified voters of Rabun County an amendment to Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, authorizing Rabun County to levy a tax not exceeding 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 Rabun County, and in encouraging tourist trade; directing the Ordinary of the county to select a board of citizens from the county to sit with him and advise

TUESDAY, DECEMBER 1, 1953

1295

him respecting the use, employment and distribution "of such funds; 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
Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, is hereby amended by adding to the end of said Paragraph I the following:
"Provided, however, that Rabun County is authorized to levy a tax in addition to those already provided for by law, 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 assi!lting, promoting and encouraging the location of new industries in Rabun County, and in assisting, promoting and encouraging the tourist trade in said county. The Ordinary of said. county shall select a committee of five citizens of the county to sit with him and advise him in the handling and distribution of such funds for the purposes stated."

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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII, Section IV, Paragraph I, of the Constitution so as to provide that Rabun County may levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries, and in assisting, promoting and encouraging the tourist trade, in Rabun County.
"Against ratification of amendment to Article VIII, Section IV, Paragraph I, of the Constitution so as to provide that Rabun County may levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries, and in assisting, promoting and encouraging the tourist trade, in Rabun County."
All persons desiring to vote in favor of adopting the proposed
amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

1296

JOURNAL OF THE HOUSE,

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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Baughman Bell Bentley Best Black Blackburn Bloodworth Bodenhamer Boggus
Bolton Brannen Brantley Britton Brown Buie Byrd Callier Campbell of Oconee Carswell Chastain Cheatham Clark Clary
Coffin Coker Conger Coogle Cornelius Cowart Cummings
Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway

Duncan Durham Edenfield Edwards Flynt Foster Fowler Frier Gardner Garrard Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne
Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Horne Huddleston Hughes
Ingle

lvey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King
Land Lanier Lavender Layton
Lewis Little Lokey Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White
Moses Moye
Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove Nelson Nightingale

TUESDAY, DECEMBER 1, 1953

1297

Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson Ray Register Rowland Rutland Sheffield Short Smiley

Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens Stevens of Marion Stocks Swindle Tamplin Tarpley Todd Trapnell Tumlin Turk Twitty

Upshaw Ursrey Veal Walker Wardlow Watson White Whitener Wiggins Wilkinson Williams of Bulloch Willis Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

HR 258-843d. By Messrs. Harris, McKenna and Groover of Bibb:

A RESOLUTION
Proposing to the qualified voters an amendment to Article XI, Section 1, paragraph VI of the Constitution of the State of Georgia; to enlarge the membership of the Macon-Bibb County Board of Health; to re-state and enlarge the duties and powers of that Board; to empower the governing authorities of the City of Macon and the County of Bibb to enact health, sanitation, plumbing and garbage collection and disposal regulations and other related matters; and to contract pursuant thereto for the enforcement of the same and for performing the facilities or services affected or provided thereby; to fix and collect fees for inspection services pursuant to such regulations and for enforcement of such regulations; and to provide penalties for violations of such regulations; and for other purposes.
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, Section 1, Paragraph VI, of the Constitution of the State of Georgia of 1945, as amended, be further amended by deleting therefrom the provisions proposed in Georgia Laws 1947, page 1565, and ratified by the voters on November 2, 1948, which provisions read as follows:
"And except that the County of Bibb and the City of Macon may regulate the health of the County and City by and through a joint board of health created and existing under and by virtue of an Act of the General Assembly of Georgia (Ga. Laws 1923, p. 735-739) entitled 'An Act to Amend the Charter of the City of Macon', and an Act approved February 6th, 1873, creating a Board of County Commissioners of Bibb County, to create a Board of Health

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in and for the City of Macon and County of Bibb, defining their jurisdiction, rights, powers, and privileges, and for other purposes, and Sections 119-126, both inclusive, of an Act of the General Assembly of Georgia (Ga. Laws 1927 p. 1283-1357) entitled 'An Act to Re-enact the Charter of the City of Macon contained in the Act approved August 17, 1914, together with the 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 the Acts amendatory t"aereof; and for other purposes, and which Act and and any and all Acts amendatory thereof, together with all rules and regulations promulgated thereunder, are ratified, validated and confirmed as of the respective dates of such enactments, rules and regulations;" and an Act of the General Assembly of Georgia (Ga. Laws 1943 p. 265-266) entitled 'An Act amending Chapter 88-2 of the Code of Georgia of 1933, which chapter is a codification of Georgia Laws of 1914, pages 124 to 134, inclusive, and refers to County Boards of Health, by adding to said Chapter a new section to be known as "Section 88-207", and providing that there be excepted from the provisions of this Chapter those counties and municipalities in the State of Georgia which have heretofore provided or which may hereafter provide, pursuant to Acts of the General Assembly for combined county and city health departments, or county-wide health departments, whether or not such acts refer to the provisions of this chapter or to the Act from which it is codified and providing that they be authorized to maintain and operate such health departments pursuant to said respective acts, and upon a budget first approved by both the municipal and county taxing authorities of the cities and counties so combining and by the county taxing authorities of the counties operating a county-wide health department; providing for ratification of all such acts heretofore enacted by the General Assembly; providing that such combined or County-wide health departments shall, in all other respects conform to Chapter 88-2 of the Code of Georgia of 1933, and operate under the control of the State Department of Public Health and for other purposes, which Acts, as amended, together with all rules and regulations prescribed and promulgated pursuant to such authority are ratified, approved and confirmed as of the respective dates of their enactment and adoption."
SECTION 2.
That Article XI, Section 1, Paragraph VI, of the Constitution of the State of Georgia of 1945 be further amended by adding at the end thereof the following provisions:
"Paragraph The City of Macon and Bibb County are hereby empowered to act jointly in maintaining a board of health and to provide the necessary funds therefor.
"Paragraph There is hereby created a joint Macon-Bibb County Board of Health (hereafter referred to as the Board), which shall consist of the following members (all of whom shall have full voting powers): (1) Chairman, County Board of Commissioners for the

TUESDAY, DECEMBER 1, 1953

1299

County of Bibb; (2) Mayor of the City of Macon; (3) Chairman of Finance Committee of City Council of the City of Macon, or, in the event that committee is renamed or abolished, a member of that Council selected by vote of a majority of its members; (4) Chairman of Health and Charities Committee of City Council of the City of Macon, or in the event that committee is renamed or abolished, a member of that Council selected by vote of a majority of its members; (5) Superintendent, Board of Public Education and Orphanage for Bibb County; (6) a physician selected by the Bibb County Medical Society; (7) a dentist selected by the Central District Dental Society (Georgia); (8) a resident of the City of Macon selected by (but not from the membership of) the City Council of the City of Macon; and, (9) a resident of Bibb County residing outside the limits of the City of Macon, selected by (but not from the membership of) the County Board of Commissioners for the County of Bibb. The member appointed by the Medical Society and the member appointed by the Dental Society shall each hold office for the term of two years from the date of appointment and until a successor is selected and qualifies. The resident of the City of Macon selected by the City Council and the resident of Bibb County selected by the County Board of Commissioners shall hold office for a term concurrent with that of the body appointing them and until their successors are selected and qualified. The other members of the Board shall continue in office so long as they occupy the offices by virtue of which they are members of the Board.
"Paragraph The Board shall hold regular monthly meetings, and special meeting of the Board may be called at any reasonable time by the Chairman or by any three members. Any five members of the Board shall constitute a quorum for the transaction of business. The act of the majority of the board members present, provided a quorum exists, shall be the act of the Board. The Board shall select a Chairman from among its membership, and he shall serve for the term of one year and until his successor is selected and qualified.
"Paragraph The Board shall have the power to (1) maintain and supervise a joint Macon-Bibb County Health Department (hereafter referred to as the Department), employ a health officer, and fix the number and qualifications of assistant health officers and other persons to be employed in the Department; (2) receive appropriations from the City of Macon and Bibb County and appropriations and gifts from other sources and allocate the money to the various expenses of the Department; (3) fix compensation of Board members, but the compensation shall not exceed five ($5.00) dollars per member for each meeting attended.
"Paragraph The Department, under the supervision and control of the Board, shall have the power to: (1) administer and enforce in the City of Macon and in Bibb County health, sanitation, and plumbing rules and regulations enacted by authorized agencies of the United States, the State of Georgia, Bibb County, and the City of Macon; (2) take samples of water, food, and other substances which may affect health and require persons having such substances in their possession to furnish samples; (3) go on the premises of any person to make inspections or to capture specimen insects, rodents, or other pests whose presence may endanger health; (4) condemn or confiscate any food, drink, or other substance which is intended for human consumption but is unfit for human consumption or endangerS'

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health; and (5) quarantine persons or premises to prevent the spread of contagious disease. Until superseded by regulations adopted hereunder, all rules and regulations heretofore adopted by the Macon-Bibb County Board of Health as it existed prior to the adoption of this amendment, shall continue in full force and effect.
"Paragraph The Board shall annually make to the Mayor and City Council of the City of Macon and to the County Board of Commissioners for the County of Bibb full and complete reports of the work performed by the Board during the previous year and the cost thereof and shall describe the work planned for the coming year and the estimated cost thereof. A report on plans for the coming year, however, shall not preclude the subsequent modification of those plans.
"Paragraph The City Council of the City of Macon is hereby empowered to adopt reasonable health, sanitation, plumbing, and garbage collection and disposal regulations for the City of Macon (including regulations supplementary to or more detailed and more specific than state statutes or regulations covering the same subject matter and including regulations governing the issuance and revocation of permits to operate or engage in businesses or activities that may affect public health), to fix and collect fees for inspection services provided under such regulations, to make violations of the health, sanitation, plumbing, or garbage collection and disposal regulations thus adopted criminal offenses, and to fix the penalties for violation of the regulations.
Health, sanitation, plumbing and garbage collection and disposal regulations recommended by the Board and adopted by the City Council of the City of Macon shall be promulgated by entrance on the minutes of the City Council, by printing and making copies readily available in the office of the Department, and by publication of a brief notice in a newspaper of general circulation in Bibb County announcing theat regulations on specified subjects have been passed and that copies thereof are available in the office of the Department. They need be given no additional publication, and personal service of such regulations on offenders shall not be a condition precedent to prosecution. Persons accused of violating such regulations shall be tried in Recorder's Court, and, upon conviction, may be punished as provided by the Acts of Georgia pertaining to that Court.
"Paragraph The County Board of Commissioners of the County of Bibb are hereby empowered to adopt reasonable health, sanitation, plumbing, and garbage collection and disposal regulations (and to enter into contracts pursuant thereto for the enforcement of the same and for performing the facilities or services affected or provided thereby) for that portion of Bibb County lying outside of the corporate limits of the City of Macon (including regulations supplementary to and more detailed and more specific than state statutes or regulations covering the same subject matter and including regulations governing the issuance and revocation of permits to operate or engage in businesses or activities that may affect public health), to fix and collect fees for inspection services provided under such regulations, to make violation of health, sanitation, plumbing, or garbage collection and disposal regulations thus adopted criminal offenses, and to fix the penalties for violation of the regulation. Health, sanitation, plumbing and gar-

TUESDAY, DECEMBER 1, 1953

1301

bage collection and disposal regulations recommended by the Board and adopted by the County Board of Commissioners for the County of Bibb shall be promulgated by entrance on the minutes of the Commissioners, by printing and making copies readily available in the office of the Department, and by publication of a brief notice in a newspaper of general circulation in Bibb County announcing that regulations on specified subjects have been passed and that copies thereof are available in the office of the Department. They need be given no other publication, and personal service of such regulations on offenders shall not be a condition precedent to prosecution. Persons accused of violating such regulations shall be tried in the City Court of Macon and, upon conviction, may be punished as provided by the acts of Georgia pertaining to that Court, except that penalties and punishment shall not exceed sixty (60) days in the Bibb County jail and a fine of three hundred dollars ($300.00) , either or both, each day's violation constituting a separate offense.
"Paragraph Except as otherwise provided in this Article, the statutes of the State of Georgia affecting health, sanitation, plumbing, and garbage collection and disposal regulations of the Board of Health of the State of Georgia, as those statutes and regulations shall exist at any particular time through amendments or new enactments, shall retain force and effect in Macon and Bibb County, and the MaconBibb County Board of Health is charged with enforcing them.
"Paragraph Nothing contained this Amendment is to be construed to limit the powers of the City Council of the City of Macon or of the County Board of Commissioners for the County of Bibb as they now or may hereafter exist. The power~ given those two agencies by this Amendment are intended to be in addition to the other powers they now have or may hereafter be given."

SECTION 3.
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 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 XI, Section 1, Paragraph VI of the Constitution of the State of Georgia of 1945, enlarging the membership of the Macon-Bibb County Health Board, re-stating the duties and powers of that Board, empowering the City Council of Macon .and the Commissioners of Bibb County to erfact health regulations, and covering other related matters," and the words "Against ratification of the amendment to Article XI, Section 1, Paragraph VI of the Constitution of the State of Georgia of 1945, enlarging the membership of the MaconBibb County Health Board, re-stating the duties and powers of that Board, empowering the City Council of Macon and the Commissioners of Bibb County to enact health regulations, and covering other related matters." 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

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JOURNAL OF THE HOUSE,
Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.
GEORGIA FULTON COUNTY
Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn, depose and say-
That they, and each of them, are Representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented by said bill, and which notice is attached hereto and made a part thereof, was published in the Macon News, which is the official organ of Bibb County, Georgia and is the newspaper in which the Sheriff's advertisements for Bibb County are published, on October 23rd, October 30th and November 6th, 1953.
Is/ Andrew W. McKenna Is/ John B. Harris, Jr. Is/ Denmark Groover, Jr.
Sworn to and subscribed before me this the_____ day of November 1953. Is/ Janette Hirsch
Notary Public Notary Public, Pulton County, Georgia My Commission Expires Oct. 7, 1956. Seal affixed
PUBLIC NOTICE
Please take notice of the intention of the County Board of Commissioners for the County of Bibb to apply for passage and approval, at the next meeting of the General Assembly of Georgia, of legislation, affecting Bibb County, as follows.
(1) An Act to repeal the pension laws affecting Bibb County employees (Ga. Laws 1949, page 1371, and as amended) preserving, however, the vested rights of employees in such pension laws;
(2) An Act to authorize the inclusion of Bibb County employees within the coverage of the Federal Social Security system, and, in connection therewith, authority te Bibb County to make contract commitments, contributions and payments, including assurance fund deposits and payments necessary to secure past service credits.
(3) An Act to establish a pension plan for Bibb County employees and to authorize Bibb County to make contributions in. connections therewith;
(4) An Act to amend an Act of the General Assembly of Georgia (Ga. Laws 1949, Page 91) so as to increase the compensation of persons presiding in lieu of or in addition to the Judge of the City Court of Macon from $10.00 to $20.00 per day and, where such person is a non-resident of Bibb County to authorize payment in the discretion of

TUESDAY, DECEMBER 1, 1953

1303

the County Commissioners, of expense actually incurred by such person in so presiding;
(5) An Act to regulate or to authorize the governing authority of Bibb County to regulate and enforce or to enforce regulations promulgated by the Macon-Bibb County Zoning and Planning Commission, concerning standards and conditions for the planning, construction, drainage, surfacing and maintenance of roads in private subdivisions intended for public use or the common use of lot owners in such sub-divisions; to authorize the requirements of deposits or contract commitments concerning such matters and to provide means and methods for enforcement and for punishment of violators;
(6) A Constitutional Amendment to authorize the General Assembly of Georgia, from time to time, to delegate to the governing authority of Bibb County legislative powers and functions.
(7) A Constitutional Amendment increasing and changing the personnel and powers of the Macon-Bibb County Board of Health, and providing means and methods for enforcement and punishment for violators;
(8) A Constitutional Amendment to authorize the governing authorities of Bibb County to establish building, electrical, and plumbing regulations for that portion of the county lying outside of the corporate limits of the City of Macon, to vary such regulations in different localities in such portion of the county, and either separately or in conjunction with the City of Macon and/or the Macon-Bibb County Board of Health and/or the Macon-Bibb County Zoning and Planning Commission, to establish methods and provide personnel for enforcement of such regulations or any of them; and to provide means for prosecution and punishment of violations of such regulations or any of them.
MARVIN L. NEWBERRY, Clerk, County Board of Commissioners for the County of Bibb.
The following amendment was read and adopted:
Messrs. Groover, McKenna, and Harris of Bibb move to amend HR 258-843d by striking all the language in the second paragraph of Section 2 thereof which begins with the word "paragraph" and inserting in lieu thereof after the word "paragraph", the following language:
"There is hereby created a joint Macon-Bibb County Board of Health (hereafter referred to as the Board), which shall consist of the following members (all of whom shall have full voting powers); (1) Chairman, County Board of Commissioners for the County of Bibb; (2) Mayor of the City of Macon; (3) Chairman of Finance Committee of City Council of the City of Macon, or, in the event that committee is renamed or abolished, a member of that Council selected by vote of a majority of its members; (4) Chairman of Health and Charities Committee of City Council of the City of Macon, or in the event that committee is renamed or abolished, a member of that Council selected by vote of a majority of its members; (5) Superintendent, Board of Public Education and Orphanage for Bibb County; (6) a physician selected by the Bibb County Medical Society; (7) a dentist selected by the Central District Dental Society (Georgia);

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(8) A registered pharmacist selected by Bibb County Pharmaceutical Assn.; (9) a resident of the City of Macon selected by (but not from the membership of) the City Council of the City of Macon; and (10) a resident of Bibb County residing outside the limits of the City of Macon, selected by (but not from the membership of) the County Board of Commissioners for the County of Bibb. The member appointed by the Medical Society, the member appointed by the Bibb County Pharmaceutical Assn. and the member appointed by the Dental Society shall each hold office for the term of two years from the date of appointment and until a successor is selected and qualifies. The resident of the City of Macon selected by the City Council and the resident of Bibb County selected by the County Board of Commissioners shall hold office for a term concurrent with that of the body appointing them and until their successors are selected and qualified. The other members of the Board shall continue in office so long as they occupy the offices by virtue of which they are members of the Board. All members of said Board shall be a resident of Bibb County."

The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.
On the adoption of the resolution, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Baughman Bell Bentley
Best Black Blackburn Bloodworth Bodenhamer Boggus Bolton
Brannen Brantley Britton Brown Buie Byrd
Callier Campbell of Oconee
Carswell Chastain Cheatham Clark Clary Coffin Coker Conger

Coogle Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway
Duncan Durham Edenfield Edwards Flynt Foster Fowler Frier Gardner Garrard Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp
Greer Grimsley Groover of Bibb

Groover of Troup Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton
Horne Huddleston Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King

TUESDAY, DECEMBER 1, 1953

1305

Land Lanier Lavender Layton Lewis Little Lokey Lovett McCracken McGarity McKenna, McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Mobley Moore of Pickens Moore of White Moses Moye
Mull

Murphey of Crawford Murphy of Haralson
Murr Musgrove Nelson Nightingale
Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson Ray Register Rowland Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smith

Stephens Stevens of Marion Stocks Swindle Tamplin Tarpley
Todd Trapnell Tumlin Turk Twitty Upshaw Ursrey
Veal Walker Wardlow Watson White Whitener Wiggins Wilkinson Williams of Bulloch Willis Wooten Young

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

On the adoption of the resolution, as amended, the ayes were 167, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.

HR 259-843e. By Mr. Lavender of Elbert:

A RESOLUTION
Proposing to the qualified voters of Elbert County, Georgia (under the provisions of Article XIII, Section 1, Paragraph I, as amended by a vote of the people in the general election in 1952), an amendment to Article VIII, Section VII, of the Constitution of Georgia relating to preservation of existing independent school system, so as to provide that the General Assembly shall be authorized to pass a special Act or Acts so as to effectuate consolidation of the existing independent school system in Elberton, Elbert County, Georgia, and the school system in Elbert County, without the limits of the said City of Elberton; to authorize the General Assembly to provide for the levy of a tax of five mills to support said school system in addition to the maximum of fifteen mills allowed by Article VIII, Section XII, of the Constitution; to provide for the appointment or election of members of the Board of Education; to provide for its powers and authorities; to provide for the appointment or election of a County' School Superintendent; to provide for his duties and authorities; to provide a method of submission of this amendment to said voters for ratification; to provide for continued operation before enabling Act; and for other purposes.

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JOURNAL OF THE HOUSE,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION 1.
Article VIII, Section VII, Paragraph I, of the Constitution, relating to preservation of existing independent school systems, shall be amended by adding thereto the following:
(a) The General Assembly is hereby authorized to enact all legislation, whether special in nature or otherwise, as is necessary to effectuate a consolidation of the independent school system in the City of Elberton, known as the "Board of Education of the City of Elberton" and the school system of Elbert County, now in effect and operation in said county outside the corporate limits of said City of Elberton, so that the entire County of Elbert shall thereafter constitute but one school system.
(b) Such enabling Act or Acts shall vest the authority to tax for educational purposes solely and exclusively in the fiscal authorities of the County of Elbert, which authority shall extend throughout the entire said county, including the City of Elberton. Said fiscal authorities shall also be empowered to levy a tax for the support and maintenance of education in said county in a sum not to exceed five mills, which sum shall be in addition to the maximum fifteen mills now provided by Article VIII, Section XII, Paragraph I, of the Constitution, as amended.
(c) The General Assembly shall provide for a Board of Education of seven members, to bear such name and have such powers as may be provided by said Assembly. The manner of election or appointment of such board members, their qualifications, compensation, manner of removal and the filling of vacancies thereof shall be as fixed by law. Such board shall administer said school system throughout said county, and shall elect all teachers and employees necessary to the administration of said school system, in a manner to be specified by law.
(d) The General Assembly shall provide for a County School Superintendent and shall specify the manner of election, qualifications, terms of office, manner of removal; duties and authorities; provided, however, the present County School Superintendent shall continue to perform the duties of this office until the end of the present term December 31, 1956.
(e) The General Assembly shall be authorized to enact legislation for transfer of property, execution of contracts, payment of debts, bonded indebtedness, and all other obligations, vesting such powers in any board created therefor, and the General Assembly may vest in such board, within present constitutional limitations, the powers relating to issuance of bonds, creation of debts, borrowing of money, making of contracts, acquisition, holding, leasing or sale of lands and other property, together with such other powers necessary or incidental to the support of said school system.
(f) The General Assembly may vest said school system with all privileges held by other school systems and districts of this State, including the addition thereto of colleges, and said school system

TUESDAY, DECEMBER 1, 1953

1307

shall be entitled to its pro rata portion of all educational funds now or hereafter provided by the State of Georgia and of the United States.
(g) The General Assembly may from time to time enact special Acts amending Acts enacted pursuant hereto; and may also provide for amendments directly by the qualified voters of Elbert County in referendums held for that purpose pursuant to general or special statutes of the State heretofore or hereafter enacted.
(h) The specification of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers hereby granted to the General Assembly and all powers to be granted by the General Assembly pursuant hereto are to be liberally construed so as to effectuate the general purpose of establishing and maintaining a comprehensive system of public education throughout the limits of Elbert County.
(i) The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding other provisions of this Constitution, or the general or special laws of the State.
(j) Until such time as such Act or Acts as contemplated herein become effective, the present school systems shall continue to operate under existing laws.

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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in such paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII, Section VII, Paragraph I, of the Constitution of Georgia, authorizing the General Assembly to provide for the consolidation of the independent schools now existing in the City of Elberton and the County of Elbert, and for the creation of a Board of Education, defining its qualifications and powers.
"Against ratification of amendment to Artic:le VIII, Section VII, Paragraph I, of the Constitution of Georgia, authorizing the General Assembly to provide for the consolidation of the independent schools now existing in the City of Elberton and the County of Elbert, and for the creation of a Board of Education, defining its qualifications and powers."
All persons desiring to vote in favor of adopting the proposed

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amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

NOTICE OF LOCAL LEGISLATION

On Monday, October 26, 1953, the Elbert County Board of Education and the City of Elberton Board of Education met with me, upon my request, in my office.

I am pleased to announce to the people that the two Boards of Education agreed upon a plan for submitting the question of school consolidation. I, therefore, take this opportunity to serve notice that local legislation will be introduced in the coming November Session of the General Assembly having as its object the consolidation of the City Schools with the County Schools. All of this in compliance with the request of the Elbert County Board of Education and the City of Elberton Board of Education in joint session.

Woodrow W. Lavender, Representative of Elbert County.

GEORGIA, ELBERT COUNTY:

I, G. T. Christian, Editor and Publisher of the Elberton Star, a newspaper published in Elberton, Elbert County, Georgia, and being the paper in which sheriff's advertisements for said county are published, do hereby certify that the foregoing notice was published by me in said above named newspaper on the following dates, to wit: October 30, November 6, 10, 1953.

This the 12 day of November, 1953.

Is/ G. T. Christian

Witness: /s/ Carolyn E. McMullan Notary Public, Elbert County, Georgia My Commission Expires Nov. 2, 1955.
Seal affixed.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson
Ayers Barber of Colquitt

Barber of Jackson Baughman Bell Bentley

Best Black Blackburn Bloodworth

TUESDAY, DECEMBER 1, 1953

1309

Bodenhamer Boggus Bolton Brannen Brantley Britton Brown Buie Byrd Callier Campbell of Oconee Carswell Chastain Cheatham Clark Clary Coffin Coker Conger Coogle Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway
Duncan Durham Edenfield Edwards Flynt Foster Fowler Frier Gardner Garrard Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter

Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes
Henderson Hicks Hodges Holley Hollis Holloway
Holton Horne Huddleston Hughes Ingle lvey
Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton
Lewis Little Lokey Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White
Moses Moye

Mull

Murphey of Crawford

Murphy of Haralson

Murr



Musgrove

Nelson

Nightingale

Otwell

Parker

Peacock

Perkins

Phillips of Columbia

Pickard

Potts

Raulerson

Ray

Register

Rowland

Rutland

Sheffield

Short

Smiley

Smith of Cobb

Smith of Emanuel

H. Smith

M. Smith

Stephens

Stevens of Marion

Stocks

Swindle

Tamplin

Tarpley

Todd

Trapnell

Tumlin

Turk

Twitty

Upshaw

Ursrey

Veal

Walker

Wardlow

Watson

White

Whitener

Wiggins

Wilkinson

Williams of Bulloch

Willis

Wooten

Young

By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 167, nays 0.

1310

JOURNAL OF THE HOUSE,

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

HR 260-843f. By Mr. Strickland of Brantley:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VII, Section V, Paragraph I of the Constitution of Georgia of 1945, authorizing the City of Nahunta to levy a tax not to exceed one mill for the purpose of creating and setting aside a fund to be used in assisting, promoting and encouraging the location of new industries in the City of Nahunta, and authorizing the city officials in charge of the fiscal affairs of the city to select a board of citizens from the city to sit with them and advise them respecting the use, employment and distribution of such funds; 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.
Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945 be amended by adding at the end of said Paragraph I the following:
"Provided, however, that the City of Nahunta, in Brantley County, is authorized to levy a tax, in addition to those already provided for by law, not to exceed one mill, on all the taxable property in the city 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 the City of Nahunta, and the city officials of said city are authorized to select a committee of citizens of the city to sit with them and advise;.them in the handling and distribution of such funds for the purposes stated."

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 branches 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 proposed amendment to be published as provided in Article VIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution so as to provide that the City of Nahunta may levy a tax not to exceed one mill for the purpose of creating and setting aside a fund to be used in assisting, promoting

TUESDAY, DECEMBER 1, 1953

1311

and encouraging the location of new industries in the City of Nahunta."
"Against ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution so as to provide that the City of Nahunta may levy a tax not to exceed one mill for the purpose of creating and setting aside a fund to be used in assisting, promoting and encouraging the location of new industries in the City of Nahunta."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. 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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Baughman Bell Bentley Best Black Blackburn Bloodworth Bodenhamer Boggus Bolton
Brannen Brantley Britton Brown Buie Byrd
Callier Camnbell of Oconee Cars~ell Chastain Cheatham Clark Clary

Coffin Coker Conger Coogle
Cornelius Cowart Cummings Dean of Towns Deen of Bacon
Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Flynt Foster Fowler Frier
Gardner Garrard Gilder Gillis Goodson Gowen Graham

Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup
Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison ofWayne Hayes
Henderson Hicks Hodges Holley
Hollis Holloway
Holton Horne Huddleston Hughes Ingle Ivey Jackson

1312

JOURNAL OF THE HOUSE,

Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King
Land Lanier Lavender Layton Lewis Little Lokey Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley

Moore of Pickens Moore of White Moses Moye
Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson Ray Register Rowland Rutland
Sheffield Short Smiley Smith of Cobb Smith of Emanuel

H. Smith M.Smith Stephens Stevens of Marion Stocks Swindle Tamplin Tarpley Todd Trapnell
Tumlin Turk Twitty Upshaw Ursrey Veal Walker Wardlow Watson White Whitener Wiggins
Wilkinson Williams of Bulloch
Willis Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

HR 261-843g. By Mr. Strickland of Brantley:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, authorizing Brantley County to levy a tax not exceeding 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 and the development of agriculture in Brantley County; authorizing the county officers in charge of the fiscal affairs of the county to select a board of citizens from the county to sit with them and advise them respecting the use, employment and distribution of such funds; 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.
Article VII, Section IV, Paragraph I, of the Constitution of Georgia

TUESDAY, DECEMBER 1, 1953

1313

of 1945, is hereby amended by adding to the end of said Paragraph I the following:
"Provided, however; that Brantley County is authorized to levy a tax in addition to those already provided for by law, 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 and the development of agriculture in Brantley County, and the county officers of said county are authorized to select a committee of citizens of the county to sit with them and advise them in the handling and distribution of such funds for the purposes stated."

SECTION 2.
When the above proposed amendment to the Constitution shalt have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same bas been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia-of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VII, Section IV, Paragraph I, of the Constitution so as to provide that Brantley County may levy a tax not to exceed one mill fo~ the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries and the development of agriculture in Brantley County."
"Against ratification of amendment to Article VII, Section IV, Paragraph I, of the Constitution so as to provide that Brantley County may levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries and the development of agriculture in Brantley County."
All persons desiring to vote in favor of adopting the proposed
amendment shall vote for ratification of the amendment, and all persons d~siring to vote against the adoption of the proposed amendment shall
vote against ratification. If the people shall ratify such amendment by
a majority of the electors qualified to vote voting thereon, such amend-
ment 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 Secre-
tary of State to ascertain the result and certify the result to the Gov-
ernor who shall, if such amendment be ratified, make proclamation
thereof.
The report of the committee, which was favorable to the adoption of tha resolution, was agreed to.

1314

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs. :

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Baughman Bell Bentley Best Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton Brown Buie Byrd
Callier Campbell of Oconee Carswell Chastain Cheatham Clark Clary Coffin Coker Conger Coogle Cornelius
Cowart Cummings Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Flynt Foster Fowler Frier Gardner Garrard Gilder

Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne
Hayes Henderson Hicks Hodges Holley
Hollis Holloway Holton Horne Huddleston Hughes Ingle lvey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton
Lewis Little Lokey Lovett McCracken McGarity
McKenna

McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove Nelson Nightingale
Otwell Parker Peacock Perkins Phillips of Columbia
Pickard Potts Raulerson Ray Register Rowland Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel
H. Smith M. Smith Stephens Stevens of Marion
Stocks Swindle Tamplin Tarpley
Todd Trapnell
Tumlin Turk Twitty Upshaw Ursrey
Veal

TUESDAY, DECEMBER .1, 1953

1315

Walker Wardlow Watson White

Whitener Wiggins
Wilkinson Williams of Bulloch

Willis Wootlm Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

HR 265-843k. By Messrs. Harris, McKenna and Groover of Bibb:

A RESOLUTION

Proposing to the qualified voters an amendment to Article VI,

Section XVII, Paragraph I of the Constitution of the State of Georgia

so as to authorize the County Boat"d of Commissioners for the County

of Bibb to prescribe, administer and enforce building, construction,

electrical and plumbing rules, regulations and standards in and for that

area of Bibb County lying outside the corporate limits of the City of

Macon; to authorize said Board to vary such rules, regulations and

standards in and for different areas of Bibb County; to provide that

said Board may levy an ad valorem tax and/or fees and collect permit

.and inspection fees for costs of administering and assuring enforcement

. of such rules, regulations and standards; to provide for prosecution and

punishment of violators of such rules, regulations and standards; and

for other purposes.

'

BE IT RESOLVED by the General Assembly of the State of Georgia and it is hereby resolved as follows:

SECTION 1.
That Article VI, Section XVII, Paragraph I of the Constitution of the State of Georgia, as amended, be further amended by adding thereto the following:
"Paragraph . The County Board of Commissioners for 'the County .of Bibb are authorized, without further approval or authority other than the action of said Board, to prescribe, administer and enf~rce rules, regulations and standards for building, construction or installation of any kind or character, and for electrical and plumbing fixtures and appliances and the installation thereof, and for safe and sanitary maintenance of such building, construction, installation, electrical and plumbing fixtures and appliances, and the installation thereof, in and for that area of Bibb County lying outside the corporate limits of the City of Macon.
"Paragraph . The County Board of Commissioners for the County of Bibb are authorized to vary the application, rigidity and uniformity of such rules, regulations, and standards in different and various areas and locations, in accordance with the needs and hazards of each such area or locality and the welfare of its inhabitants.
"Paragraph . In administering and enforcing such rules, regulations and standards, the County Board of Commissioners for the County of Bibb are hereby authorized, in their discretion, to utilize .employees,

1316

. .JOURNAL OF THE HOUSE,
officials and facilities of Bibb County, or those of the City of Macon, and/or the Macon-Bibb County Board of Health and/or of the MaconBibb County Planning and Zoning Commission or employees, officials or facilities in common with any or all of them.
"Paragraph . The County Board of Commissioners for the County of Bibb are authorized to levy an ad valorem tax upon the taxable properties within Bibb County and/or to fix and collect permit and inspection fees to pay the expense of administering and enforcing such rules, regulations and standards. Such permit and inspection fees may be collected in the same manner as provided by law for the collection of ad valorem taxes.
"Paragraph . Violators of such rules, regulations or standards shall be tried in the City Court of Macon, and, upon conviction, shall be punished as provided by the laws of Georgia pertaining to that Court, except that penalties and punishment shall not exceed sixty (60) days in the Bibb County jail and a fine of three hundred ($300.00) dollars, either or both, each day's violation constituting a separate offense.
"Paragraph . This amendment is self-executing and upon its adoption, as provided by the Constitution and laws of the State of Georgia, the County Board of Commissioners for the County of Bibb shall be immediately vested with all of the powers herein provided and expressed.
SECTION 2.
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 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 theamendment to Article VI, Section XVII, paragraph I of the Constitution of the State of Georgia authorizing the County Board of Commissioners for the County of Bibb to prescribe, administer and enforce building, electrical and plumbing regulations within that area of Bibb County lying outside the corporate limits of the City of Macon and covering other related matters," and the words, "Against ratification of the amendment to Article VI, Section XVII, Paragraph I of the Constitution of the State of Georgia authorizing the County Board of Commissioners for the County of Bibb to prescribe, administer and enforce building, electrical and plumbing regulations within that area of Bibb County lying outside the corporate limits of the Cjty of Macon and covering other related matters." 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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

TUESDAY, DECEMBER 1, 1953

1317

GEORGIA FULTON COUNTY

Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn, depose and say

That they, and each of them, are Representatives of Bibb County, Georgia, and are the authors of the within attached bill and that notice of intention to apply for the legislation presented by said bill, and which notice is attached hereto and made a part hereof, was published in the Macon News, which is the official organ of Bibb County, Georgia, and is the newspaper in which the Sheriff's advertisements for Bibb County are published, on October 23rd, October 30th and November 6th. 1953.

Sworn to and subscribed before me,

this the 18 day of November, 1953.

/s/ Janette Hirsch

(SEAL)

Notary Public, Fulton County, Georgia

My Commission Expires Oct. 7, 1956

/s/ Andrew W. McKenna /s/ John B. Harris, Jr. /s/ Denmark Groover, Jr.

PUBLIC NOTICE

Please take notice of the intention of the County Board of Commis-

sioners for the County of Bibb to apply for passage and approval, at

the next meeting of the General Assembly of Georgia, of legislation,

affecting Bibb County, as follows:

'

(1) An Act to repeal the pension laws affecting Bibb County employees (Ga. Laws 1949, page 1371, and as amended) preserving, h<'wever, the vested rights of employees in such pension laws;

(2) An Act to authorize the inclusion of Bibb County employees within the coverage of the Federal Social Security system, and, in connection therewith, authority to Bibb County to make contract commitments,' contributions and payments, including assurance fund deposits and payments necessary to secure past service credits;
(3) An Act to establish a pension plan for Bibb County employees and to authorize Bibb County to make contributions in connection therewith;

(4) An Act to amend an Act of the General Assembly of Georgia (Ga. Laws 1949, Page 91) so as to increase the compensation of persons presiding in lieu of or in addition to the Judge of the City Court of Macon from $10.00 to $20.00 per day and, where such person is a nonresident of Bibb County to authorize payment, in the discretion of the County Commissioner, of expense actually incurred by such person in
so presiding;

(5) An Act to regulate or to authorize the governing authority of Bibb County to regulate and enforce or to enforce regulations promulgated by the Macon-Bibb County Zoning and Planning Commission,

1318

JOURNAL OF THE HOUSE,

concerning standards and conditions for the planning, construction, drainage, surfacing and maintenance of roads in private sub-divisions intended for public use or the common use of lot owners in such sub-
divisions; to autho:fl.ze the requirement of deposits or contract commit-
ments concerning such matters and to provide means and methods for enforcement and for punishment of violators;

(6) A Constitutional Amendment to authorize the General Assembly of Georgia; from time to time, to delegate to the governing authority of Bibb County legislative powers and functions.

(7) A Constitutional Amendment increasing and changing the personnel and powers of the Macon-Bibb County Board of Health, and providing means and methods for enforcement and punishment for violators;

(8) A Constitutional Amendment to authorize the governing authorities of Bibb County to establish building, electrical, and plumbing regulations for that portion of the county lying outside of the corporate limits of the City of Macon, to vary such regulations in different localities in such portion of the county, and either separately or in conjunction with the City of Macon and/or the Macon-Bibb County Board of Health and/or the Macon-Bibb County Zoning and Planning Commission, to establish methods and provide personnel for enforcement of such regulations of any of them, and to provide means for prosecution and punishment of violations of such regulations or any of them.

MARVIN L. NEWBERRY, Clerk, County Board of Commissioners for the County of Bibb.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers
Barber of Colquitt Barber of Jackson Baughman Bell Bentley Best Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton Brown Buie

Byrd Callier Campbell of Oconee Carswell Chastain Cheatham Clark Clary Coffin Coker Conger Coogle Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton
Dews Drinkard

Dunaway Duncan Durham Edenfield Edwards Flynt Foster Fowler Frier Gardner Garrard
Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer

TUESDAY, DECEMBER 1, 1953

1319

Grimsley Groover of Bibb Groover of Troup
Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley
Hollis Holloway Holton Horne Huddleston Hughes Ingle lvey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender

Layton Lewis Little Lokey Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye Mull
Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson Ray

Register Rowland Rutland Sheffield Short Smiley
Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens
Stevens of Marion Stocks Swindle Tamplin Tarpley
Todd Trapnell Tumlin Turk Twitty Upshaw Ursrey Veal Walker Wardlow Watson White Whitener Wiggins Wilkinson Williams of Bulloch Willis Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

HR 274-867b. By Mr. Murphy of Haralson:

A RESOLUTION
Proposing to the qualified voters an amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Haralson County by the people; to provide for the election of the County School Superintendent of Haralson County by the Board; to provide the procedure connected therewith; 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:

1320

JOURNAL OF THE HOUSE,

SECTION 1.
Article VIII, Section V, Paragraph I, of the Constitution, relating to the county boards of education, is hereby amended by adding at the end thereof the following:
"The members of the Board of Education of Haralson County shall be elected as hereinafter provided. For the purposes of this amendment, Haralson County is hereby divided into five Education Districts, as follows:
"Education District No. 1 shall be composed of Militia District No. 1512 (Berea), Militia District No. 1574 (Steadman), and all that portion of Militia District No. 653 (Tallapoosa) which lies outside the area embraced in the independent school system; Education District No. 2 shall be composed of Militia District No. 1077 (Mountain View), Militia District No. 1078 (Little Creek), and Militia District No. 1335 (Felton); Education District No. 3 shall be composed of Militia District No. 813 (Seventh), and Militia District No. 1475 (Draketown); Education District No. 4 shall be composed of Militia District No. 1143 (Buchanan) and Militia District No. 1585 (Corinth); Education District No. 5 shall be composed of Militia District No. 1225 (Buncombe), Militia District No. 1426 (Waco), and that portion of Militia District No. 1251 (Bremen) which lies outside the area embraced in the independent school system.
"Any person in Haralson County may offer as a candidate for election as a member of the County Board of Education to represent any one of the five Education Districts created herein, regardless of whether such person resides in the Education District which he seeks to represent. It shall be necessary that all persons qualifying for election as members of the Board specify the Education District which they desire to offer as a candidate to represent, and the member of the Board for each Education District shall be elected only by the voters of the Education District as set out herein.
"Not later than ten days after the ratification of this amendment, it shall be the duty of the Ordinary of Haralson County to issue a call for an election for the purpose of electing the first members -of the Board of Education of Haralson County as created herein. The date of such election shall be set for a day not less than twenty nor more than thirty days from the. date of the issuance of the call thereof. It shall be the duty of the Ordinary to publish the date of the election, the purpose thereof, and an explanation of the voting procedure by the Education Districts herein created, once a week for two weeks immediately preceding the date of the electionin the official organ of Haralson County. The members elected by Education Districts Nos. 1 and 2 shall be elected for a term of two years and shall take office January 1, 1955. The members elected by Education Districts Nos. 3, 4 and 5 shall be elected for a term of four years and shall take office January 1, 1955. The term of office of the members elected at such election shall expire on December thirty-first of the last year of their term. The successors to such members, and all future successors, shall be elected for a term of four years, and shall be elected at the general election in the year in which the terms of office of the members they are seeking to succeed expire, and shall take office on the first day of January following their election. In case of a vacancy on said Board by death, resignation, or from any other cause other than expiration of term of

TUESDAY, DECEMBER 1; 1953

1321

office, the remaining members of the Board shall elect a successor who shall serve the unexpired term.
"In case any independent school system merges with the County School System, the area which was embraced within such independent school system shall be entitled to representation on such Board, and, in such event, the Judge of the Superior Court of Haralson County shall appoint a person to serve on the Board until the thirty-first day of December of the year in which the next general election, after the effective date of such merger, is held. At such general election a member of the Board shall be elected by the voters of the area embraced within such independent school system as it existed prior to such merger, and the same procedure relating to candidates offering for membership on the Board shall be followed as set out herein with relation to the Education Districts..
"The Board of Education of Haralson County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1954, and the term of office of the members of such Board shall expire on such date.
"The Board of Education of H~ralson County shall, by a majority vote, elect a School Superintendent of Haralson County who shall serve at the pleasure of the Board. The compensation and qualifications of the Superintendent shall be as provided ~y law.
"The School Superintendent of Haralson County serving at the time of the ratification of this amendment shall serve until the expiration of the term for which he was elected but all future Superintendents shall be elected by the Board as provided heretofore."

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 branches 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 proposed amendment to be published as provided in Article XIII, Section I; Para-
graph l, of the Constitution of Georgia of 1945, as amended, fQr two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification' or rejection to
the electors as provided for in said Paragraph of the Constitution. The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the election of the members oi the Board of Education of Haralson County by the people;. and the election of the County School Superintendent by the Board.
"Against ratification of amendment to the Constitution so as to
provide for the election of the members of the Board of Education of
Haralson County by the people, and the election of the County School
Superintendent by the Board."
All persons desiring to vote in favor of adopting the proposed
amendment shall vote for ratification of the amendment, and all persons

1322

JOURNAL OF THE HOUSE,

desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Baughman Bell Bentley Best Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton Brown Buie Byrd Callier Campbell of Oconee Carswell Chastain Cheatham Clark Clary Coffin Coker Conger Coogle Cornelius Cowart Cummings Dean of Towns Deen of Bacon
Denton Dews

Drinkard Dunaway Duncan Durham Edenfield Edwards Flynt Foster Fowler Frier Gardner Garrard Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes
Henderson Hicks Hodges Holley Hollis Holloway Holton

Horne Huddleston Hughes Ingle lvey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton Lewis Little Lokey Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin
Mishoe Moate Mobley Moore of Pickens Moore of White
Moses Moye Mull

TUESDAY, DECEMBER 1, 1953

1323

'Murphey of Crawford .Murphy of Haralson
Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia
Pickard Potts Raulerson Ray Register
:Rowland

. Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens Stevens of Marion Stocks Swindle Tamplin Tarpley
Todd Trapnell Tumlin

Turk Twitty Upshaw Ursrey Veal Walker Wardlow Watson White Whitener Wiggins
Wilkinson. Williams of Bulloch Willis Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

HR 286-916a. By Mr. Drinkard of Lincoln:

A RESOLUTION
Proposing to the qualified voters an amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Lincoln County by the people; to provide for the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; to repeal conflicting laws; 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, relating to county boards of education, is hereby amended by adding at the end thereof the following:
"The County Board of Education of Lincoln County shall be composed of five members, who shall be elected by the people of said county. Not less than five nor more than ten days after the date of ratification of this amendment, the Ordinary of Lincoln County shall issue a call for an election for the purpose of electing the members of the county board of education. The date of such election shall be fixed to be held on a date not less than twenty nor more than thirty days from the date of the call thereof. The date and purpose of such election shall be published in the official organ of Lincoln County once a week for two weeks immediately preceding the date of the election. The five persons receiving the highest number of votes at said election shall take office January 1, 1955, and their terms shall expire December 31, 1956. Their successors and all future successors shall be

1324

JOURNAL OF THE HOUSE,

elected in the year in which their terms of office expire at the same time that county officers of Lincoln County are elected, and they shall take office on the first day of January following their election. The term of office shall be for four years and until their successors are elected and qualified. Should a vacancy occur on said board, the remaining members shall elect a person to fill the unexpired term."

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 branches of the General Assembly, and the same has been entered on their journal with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to' the electors as provided in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Lincoln County by the people.
"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Lincoln County by the people."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers Barber of Colquitt
Barber of Jackson Bau2'hman

Bell Bentley Best Black Blackburn Bloodworth

Bodenhamer Boggus Bolton Brannen Brantley Britton

TUESDAY, DECEMBER 1, 1953

1325

Brown Buie Byrd
Callier Campbell of Oconee Carswell Chastain Cheatham Clark .Clary Coffin Coker Conger Coogle Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Flynt
Foster Fowler Frier Gardner Garrard Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup
Gunter Hamilton Harper Harrell Harris

Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley
Hollis Holloway Holton Horne Huddleston Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton
Lewis Little Lokey Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye
Mull Murphey of Crawford

Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins
Phillips of Columbia Pickard Potts Raulerion Ray Register Rowland Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens Stevens of Marion Stocks Swindle Tamplin Tarpley
Todd Trapnell Tumlin Turk Twitty Upshaw Ursrey
Veal Walker Wardlow Watson White Whitener Wiggins Wilkinson Williams of Bulloch
Willis Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

1326

JOURNAL OF THE HOUSE;

HR 288-916c. By Messrs. Kemp and Foster of Clayton:

A RESOLUTION

Proposing to the qualified voters an amendment to Article VII.

Section VII, Paragraph I, of the Constitution, relating to the debt

limitations of counties, so as to authorize Clayton County to incur an

additional indebtedness and issue bonds for the purpose of establishing

and maintaining a system of waterworks and sewerage; 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

Article VII, Section VII, Paragraph I, of the Constitution, relating

to the debt Jimitation of cou,nties, is hereby amended by adding at the

end thereof the following:



"Anything in this Constitution to the contrary notwithstanding, Clayton County, Georgia, is hereby authorized to acquire, construct, maintain and operate a system of waterworks and sewerage in said county, and to accomplish the foregoing is hereby authorized to create indebtednesses and evidence same by the issuance of its direct obligation bonds, but the amount of such bonds outstanding at any one time
shall not exceed seven per cent (7%) of the assessed value of all taxable property in said county subject to taxation for bond purposes in addition to the seven per cent (7%) limitation now imposed by this Constitution. The governing authority of said county is hereby' given
full authority to determine the aggregate amount of bonds to be issued Jroll). time to time, the maturity dates, the interest rates, the
date of issue and other details incident to the issuance and sale of said
bonds. The issuance or non-issuance of said bonds shall be. submitted to the registered, qualified voters of tlie county for their determination in the same manner and under the same provisions as contained in this Constitution. If any such bonds are so authorized pursuant to' said election, the governing authority of s~lid county shall provide fin- the assessment.and collection of an annual tax sufficient in amount to pay the principal of and interest on said bonds as same mature." . : '

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 branches 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 arid instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time .of the general election at .which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

TUESDAY; DECEMBER 1, 1953

1327

"For ratification of amendment to Constitution, so as to authorize Clayton County to incur debt not to exceed seven per cent of the assessed value of taxable property therein, in addition to the seven per cent limitation now imposed by the Constitution, by the issuance of bonds for the establishment of a system of waterworks and sewerage.
"Against ratification of amendment to Constitution, so as to authorize Clayton County to incur debt not to exceed seven per cent of the assessed value of t-axable property therein, in addition to the seven per cent limitation now imposed by the Constitution, by the issuance of bonds for the establishment of a system of waterworks and sewerage."
All persons desiring to vote in favor of adopting the proposed amendment shall vote. for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall v(!te against ratification.
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 result and certify the result to the Governor who shall, if such amendment be radfied, 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, Jbe vote wae as follows:

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Baughman Bell Bentley Best Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton
Brown Buie Byrd Callier Campbell of Oconee Catswell

Chastain Cheatham Clark Clary
Coffin Coker Conger Coogle Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Flynt Foster Fowler

Frier Gardner Garrard Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson

1328

JOURNAL OF THE HOUSE,

Hicks Hodges Holley Hollis Holloway Holton Horne Huddleston Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett J or!fan of Wheeler Kemp Key King Land Lanier Lavender Layton Lewis Little Lokey Lovett McCracken McGarity McKenna

McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye
Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson Ray Register Rowland Rutland Sheffield

Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens Stevens of Marion Stocks Swindle Tamplin Tarpley
Todd Trapnell Tumlin Turk Twitty
Upshaw Ursrey Veal Walker Wardlow Watson White Whitener Wiggins Wilkinson Williams of Bulloch
Willis Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

HR 289-916d. By Messrs. Williams and Trapnell of Bulloch:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the composition of the Board of Education of Bulloch County, and to provide that the Board elect the County School Superintendent; to provide for 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
Article VIII, Section V, Paragraph I, of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following:

TUESDAY, DECEMBER 1, 1953

1329

"The Board of Education of Bulloch County shall be elected by the grand jury as provided in this Paragraph and shall be so elected so that two members of the Board shall be residents of the area embraced within the corporate limits of the City of Statesboro, and the remaining three members shall be residents of the area without the corporate limits of the City of Statesboro, but not more than one of such three members shall be elected from any one militia district.
"The County School Superintendent of Bulloch County shall be elected by the Bulloch County Board of Education. He shall be the executive officer of the Board and shall serve at the pleasure of the Board. The qualifications and the compensation of the Superintendent shall be that as fixed by law. The Superintendent serving at the time of the ratification of this amendment shall serve until the expiration of the term for which he was elected."

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 branches of the General Assembly, and the same been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the composition of the Board of Education of Bulloch County, and to provide that the Superintendent shall be elected by the Board.
"Against ratification of amendment to the Constitution so as to provide for the composition of the Board of Education of Bulloch County, and to provide that the Superintendent shall be elected by the .Board."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 ascretain the result and 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.

1330

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Baughman
Bell Bentley Best Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton Brown Buie Byrd
Callier Campbell of Oconee Carswell Chastain Cheatham Clark Clary Coffin Coker Conger Coogle Cornelius Cowart Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Flynt
Foster Fowler Frier Gardner Garrard Gilder
Gillis

Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes
Henderson Hicks Hodges Holley Hollis Holloway Holton Horne Huddleston Hughes Ingle lvey
Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton Lewis
Little Lokey Lovett McCracken McGarity McKenna McWh'.lrter

Martin Matheson Matthews Mauldin Mishoe
Moate Mobley Moore of Pickens Moore of White Moses Moye Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson Ray Register Rowland Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens Stevens of Marion Stocks Swindle Tamplin Tarpley
Todd Trapnell
Tumlin Turk Twitty Upshaw Ursrey Veal Walker

TUESDAY, DECEMBER 1, 1953

1331

Wardlow Watson White Whitener

Wiggins Wilkinson Williams of Bulloch: Willis

Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

HR 300-935c. By Messrs. Bell, Holley, and Graham of Richmond:
A RESOLUTION
Proposing to the qualified voters of Richmond County, Georgia (under the provisions of Article 13, Section I, Paragraph I, as amended by a vote of the people in the general election of 1952), an amendment to Article 7, Section 4, Paragraph 1 of the Constitution of the State of Georgia, so as to provide that the Board of Comptissioners of Roads and Revenues of Richmond County shall have the 'right and power to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of Richmond County outside the incorporated limits of municipalities; and the right and power to license and regulate taxicabs and cabs for hire in such unincorporated areas, and the right and power to classify businesses and business enterprises and to assess different license fees and taxes against different classes of business; and so as to provide that the Board of Commissioners of Roads and Revenues of Richmond County shall also have the right and power to regulate all businesses a.nd business enterprises in any area of Richmond County outside the .incorporated limits of municipalities, in the interest of the welfare of the citizens of Richmond County, and to pres~ribe rules and .regulations concerning the same, and to provide that violation of any regulation adopted by the Board of Commissioners of Roads and Revenues of Richmond County or the failure to pay any .l,icense fee or tax prescribed for any business shall constitute a misdemeanor punishable upon conviction thereof as. prescribed by the general laws of the State of Georgia; and for other purposes.

SECTION 1.

BE IT RESOLVED by the General Assembly of the State of

Georgia, that Art. 7, Sec. 4, Pa;r. 1, of the Constitution of the State

of Georgia, be amended by adding thereto the following new para-

graph, to wit:



"The Board of Commissioners of Roads and Revenues of Richmond County shall have the right and power to assess and collect license fees and taxes from all .persons, firms and corporations maintaining a place or places of business in any area of Rich-
mond County outside the incorporated limits of municipalities; and the right and power to license and regulate taxicabs and cars for hire in such unincorporated areas; and the right and power to classify businesses and business enterprises and to assess different license fees and taxes against different classes of business. The Board of Commissioners of Roads and Revenues of Richmond

1332

JOURNAL OF THE HOUSE,

County shall also have the right and power to regulate all businesses and business enterprises in any area of Richmond County
outside the incorporated area of Richmond County outside the incorporated limits of municipalities, in the interest of the welfare of the citizens of Richmond County, and to prescribe rules and regulations concerning the same, and to provide that violation of any regulation adopted by the Board of Commissionel's of Roads and Revenues of Richmond County or the failure to pay any license fee or tax prescribed for any business shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia."

SECTION 2.
BE IT FURTHER RESOLVED by the authority aforesaid that when said Amendment shall be agreed to by two-thirds vote of the members elected to each of the two Houses of the General Assembly, said Amendment shall be entered on their Journals with the Yeas and Nays taken thereon, and shall by the Governor be published in one or more newspapers in Richmond County for two months previous to the time for holding the next general election at which election members of the General Assembly are chosen, and said amendment shall be submitted to the people in said next general election. All persons voting at said election in favor of adopting said proposed Amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of Amendment to Art. 7, Sec. 4, Par. 1 of the Constitution authorizing Richmond County to assess and collect license taxes upon businesses in Richmond County and to regulate same." And all persons opposed to the adoption of said Amendment shall have written or printed on their ballots the words: "Against ratification of Art. 7, Sec. 4, Par. 1 of the Constitution authorizing Richmond County to assess and collect license taxes upon businesses in Richmond County and to regulate same." If a majority of the electors qualified to vote for mem1>ers of the General Assembly voting thereon in Richmond 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 Art. 7, Sec. 4, Par. 1 of the Constitution of the State and the Governor shall make proclamation thereof.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Baughman Bell Bentley Best

Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton

Brown Buie Byrd Callier Campbell of Oconee Carswell Chastain
Cheatham Clark

TUESDAY, DECEMBER 1, 1953

1333

Clary Coffin Coker Conger Coogle Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Flynt Foster Fowler Frier Gardner Garrard Gilder Gillis Goodson
Gowen
Graham
Green of Baldwin
Green of Rabun
Greene of Crisp
Greer
Grimsley
Groover of Bibb
Groover of Troup
Gunter
Hamilton
Harper
Harrell
Harris
Harrison of Jenkins
Harrison of Wayne
Hayes
Henderson
Hicks
Hodges

Holley Hollis Holloway Holton Horne Huddleston Hughes Ingle lvey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton Lewis Little Lokey Lovett
McCracken
McGarity
McKenna
McWhorter
Martin
Matheson
Matthews
Mauldin
Mishoe
Moate
Mobley
Moore of Pickens
Moore of White
Moses
Moye
Mull
Murphey of Crawford
Murphy of Harrison
Murr
Musgrove

Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson Ray Register Rowland Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens Stevens of Marion Stocks Swindle T,amplin Tarpley
Todd
Trapnell
Tumlin
Turk
Twitty
Upshaw;
Ursrey
Veal
Walker
Wardlow
Watson
White
Whitener
Wiggins
Wilkinson
Williams of Bulloch
Willis
Wooten
Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

The resolution, having received the requisite two-thirds constitutional maiority, was adopted.

JOURNAL OFTHE HOUSE,
HR 303-957b. By Mr. Dews of Calhoun:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, so as to provide for the division of Calhoun County into five school districts; to abolish the existing five-member Board of Education of Calhoun County and to create a new seven-member Board; to provide for the election of a seven~member board; to provide for their terms of office and qualification; to provide for submission of this amendment for ratification or rejection by the people; to provide an effective date; 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 is hereby amended by adding at the end thereof new paragraphs which shall read as follows:
"The present County Board of Education of Calhoun County operating and existing before the effective date of this Amendment is hereby abolished. There is hereby created a new board, to be known as the Calhoun County Board of Education, which shall have the same powers and duties as the present county board herein abolished. The Calhoun County Board of Education shall consist of seven members to be elected as herein provided.
"The members of the County Board of Education of Calhoun County shall be elected by the people at the same. time and for the same term that other county officers of Calhoun County are elected, and shall hold their offices until their successors are elected and qualified. The County of Calhoun 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 1316th Militia District or Edison District; the Second School District to be composed of the 574th Militia District or Arlington District; the Third School District to be composed of the 1123rd Militia District or Morgan District; the Fourth School District to be composed of the 626th Militia District or Leary District; and the Fifth School District to be composed of the 1304th Militia District or Cordray District. One member from each of the five above named school 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 the member from that district, a majority vote being necessary for election. In addition to the above named members, there shall be elected to serve on the Calhoun County Board of Education two members from the county at large, who shall be elected by the registered and qualified voters of the entire county; any person qualifying as a candidate at large for membership on the said board must so designate at the time of his qualification, and only one member at large of said Board of Education may be elected from any one school district, the other member at large to be elected from some other

TUESDAY, DECEMBER 1, 1953

1335

school district; the two at large candidates receiVIng the highest number of votes shall be deemed elected. Within twenty days after the ratification of this amendment, it shall be the duty of the Ordinary of Calhoun 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 in each district the member from that district, and the two members at large from the entire county as herein provided for. 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 to fill said vacancy. To be eligible to hold office as a member of the Calhoun 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.
"This amendment shall be effective from the date of the Proclamation by the Governor."

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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors, as provided for in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, providing for the division of Calhoun County into five school districts, and the election of a seven-member County Board of Education of Calhoun County." "Against ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, providing for the division of Calhoun County into five school districts, and the election of a seven-member County Board of Education of Calhoun County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

1836

JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Baughman
Bell Bentley Best Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton Brown Buie Byrd Callier Campbell of Oconee
Carswell Chastain Cheatham Clark Clary Coffin Coker Conger Coogle Cornelius Cowart c.mmings Dean of Towns Deen of Bacon
Denton Dews Drinkard Dunaway
Duncan Durham Edenfield Edwards Flynt Foster Fowler Frier Gardner

Garrard Gilder Gillis Goodson Gowen Graham Green of Galdwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Horne Huddleston Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton Lewis Little Lokey

Lovett McCracken McGarity
McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson Ray Register Rowland Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens Stevens of Marion Stocks Swindle Tamplin Tarpley Todd Trapnell

TUESDAY, DECEMBER 1, 1953

1337

Tumlin Turk Twitty Upshaw Ursrey Veal

Walker Wardlow Watson White Whitener Wiggins

Wilkinson Williams of Bulloch Willis Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

HR 304-957c. By Messrs. Holton and Hayes of Coffee:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph 1 of the Constitution of Georgia, so as to provide that the Board of Education of Coffee County, or any persons or board who may hereafter be charged by law with the. duties and powers of such board, shall be authorized and empowered to reorganize the schools within its jurisdiction and to determine and fix the number of grades to be taught at each schoolin its system; to provide for a referendum to the qualified voters; 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 is hereby amended by adding at the end thereof a new paragraph which shall read as follows:

"The Board of Education of Coffee County, or any person or board

who may hereafter be charged by law with the duties and powers of

such board, shall be authorized. and empowered, if, in its opinion, the

,,,. welfare of the schools of the county and the best interests of the J>upils

:;' require, to reorganize the schools within its jurisdiction and to 'deter-

mine and fix the number of grades to be taught at each school in its

system."



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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

1338

JOURNAL OF THE HOUSE,

"For ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide that the Board of Education of Coffee County shall be authorized to reorganize the schools within its jurisdiction and to fix the number of grades to be taught at each school." and, "Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide that the Board of Education of Coffee County shall be authorized to reorganize the schools within its jurisdiction and to fix the number of grades to be taught at each school."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor who shall if such amendment be ratified, make proclamation thereof.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Baughman Bell Bentley Best Black Blackburn Bloodworth Bodenhamer Boggus
Bolton Brannen Brantley
Britton Brown Buie Byrd Callier Campbell of Oconee
Carswell Chastain Cheatham Clarl

Clary Coffin Coker Conger Coogle Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Flynt Foster Fowler Frier Gardner Garrard Gilder Gillis Goodson

Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Horne Huddleston Hughes

TUESDAY, DECEMBER 1, 1953

1339

Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton Lewis Little Lokey Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe

Moate Mobley Moore of Pickens Moore of White Moses Moye Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson Ray Register Rowland Rutland Sheffield Short Smiley
Smith of Cobb

Smith of Emanuel H. Smith M. Smith Stephens Stevens of Marion Stocks Swindle Tamplin Tarpley Todd Trapnell Tumlin Turk Twitty Upshaw Ursrey Veal Walker Wardlow Watson White Whitener Wiggins Wilkinson Williams of Bulloch Willis Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

HR 305"969a. By Messrs. Holton and Hayes of Coffee:

A RESOLUTION
Proposing to the qualified voters an amendment to Article 15, Section 1, paragraph 1 of the Constitution of Georgia so as to provide that the General Assembly may provide by law for the self-government of Coffee County and to expressly authorize the General Assembly to delegate its powers so that matters pertaining to Coffee County may be dealt with without the necessity of action by the General Assembly; to provide that any powers so granted shall be subject to general . statutes applicable to other counties in this State.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

Section 1.
Article 15, Section 1, Paragraph 1 of the Constitution of Georgia is hereby amended by adding at the end thereof a new paragraph which shall read as follows:

1340

JOURNAL OF THE HOUSE,

"The General Assembly is authorized to provide by law for the self-government of Coffee County; and to that end is hereby expressly given the authority to delegate its powers so that matters pertaining to said County upon which, prior to the ratification of this amendment, it was necessary for the General Assembly to act, may be dealt with without the necessity of action by the General Assembly. Any powers granted as provided herein shall be subject to general statute applicable to all counties of this State."

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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of the amendment to Article 15, Section 1, Para-

graph 1 of the Constitution of Georgia, so as to provide that the Gen-

eral Assembly may provide by law for the self-government of Coffee

County." and, "Against ratification of the amendment to Article 15,

Section 1, Paragraph 1 of the Constitution of Georgia, so as to provide that the General Assembly may pro~ide by law for the self-government

of Coffee County."



All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon, such amendment shall becom.e 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 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 can was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson

Baughman Bell Bentley Best Black

Blackburn Bloodworth Bodenhamer Boggus
Bolton

T.UESDAY, DECEMBER 1, 1953

.1341

Brannen Brantley Britton Brown Buie Byrd
Callier Campbell of Oconee Carswell Chastain Cheatham Clark Clary Coffin Coker Conger Coogle
Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Flynt Foster Fowler Frier Gardner Garrard Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Hamilton Harper

Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Horne Huddleston Hughes Ingle Ivey Jackson. Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton Lewis Little Lokey Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye
Mull

Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson Ray Register Rowland Rutland
Sheffield Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens Stevens of Marion Stocks Swindle Tamplin Tarpley Todd Trapnell Tumlin Turk Twitty Upshaw Ursrey Veal Walker Wardlow Watson White Whitener Wiggins Wilkinson Williams of Bulloch Willis Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

The resolution, having received the requisite two-third constitutional rna. jority, was adopted.

1342

JOURNAL OF THE HOUSE,

SR 27. By Senator Millican of the 52nd:

A RESOLUTION
Proposing an 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 I. That Article XI of the Constitution of the State of Georgia of 1945, as amended, be further amended by adding at th,e end of Paragraph III of the amendment granting certain authority to the Legislature in reference to Fulton County, ratified by the voters of the State and County at the election held in 1952 (Ga. Laws ,1951, page 828, 830, the following language:
"Provided, however, that the limitations imposed in this paragraph shall not apply to the use of employed labor, convict labor, or by contract or by expenditure or use of county funds, either directly or indirectly contracted, to repair or maintain any road within the corporate boundaries of any municipality where such roads or highways are constructed in part with federal or state funds to promote national defense, or where they are constructed by state or federal funds available to such county for highway construction or by the use of any part of the proceeds of a bond issue voted by the people for highway purposes;"
"Provided further, that the governing authorities .of Fulton County shall have the right to furnish labor and the use of equipment for road work or other public works in cities or towns having a population of not more than 5,000 inhabitants by the United States Census of 1950 or any future Federal Census, where the cost to Fulton County for such labor and equipment shall not exceed fifty (50%) per cent of the total cost of any such road or other public works constructed in such municipality."
so that said Paragraph Ill, when so amended, shall read as follo:ws:
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 mentim).ed in Paragraph I of this section, except health and sanitation,, Jnside any unincorporated area within jts boundaries; provided, hoY.,ever, that the limitations imposed in this paragraph shall not apply to the use of employed labor, conyict labor, or by contract or by expenditure or use of county funds, either directly or indi,~ectly contracted, to repair or maintain any road within the corporate boundaries of any municipality where such roads or highways are constructed in part with federal or state funds to promote national defense, or where they are constructed by state or federal funds aYailable to such county for highway construction or by the use of any part of the proceeds of a bond issue voted by the people for highway purposes;
Provided, further, that the governing authorities of Fulton County shall have the right to furnish labor and the use of equipment for road work or other public works in cities or towns having a population of not more than 5,000 inhabitants by the United

TUESDAY, DECEMBER 1, 1953

1343

States Census of 1950 or any future Federal Census, where the cost to Fulton County for such labor and equipment shall not exceed fifty (50%) per cent of the total cost of any such road or other public works constructed in such municipality.
SECTION II. Be it further enacted that when this amendment shall be agreed by the requisite two-thirds of the members of each House of the General Assembly with the "ayes" and the "nays" entered thereon, it shall be published as required by law and submitted to the qualified voters of Georgia and Fulton County 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 on their ballots the words, "For ratification of the amendment to Article XI of the Constitution of Georgia of 1945, enlarging the powers of the General Assembly in respect to functions and service rendered by Fulton County and dealing with related matters," and the words, "Against ratification of the amendment to Article XI of the Constitution of 1945 enlarging the powers of the General Assembly in respect to functions and 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 and Fulton County, it shall become a part of Article XI of the Constitution of Georgia of 1945.

The following substitute to SR 27, .offered by Messrs. H. Smith, M. Smith and Lokey of Fulton, was read and adopted:

A RESOLUTION
Proposing an amendment to Paragraph III of the amendment t9
Article XI of the Constitution of the State of Gt>orgia of 1945, ratified on the 4th day of November, 1952.
BE IT RESOLVED BY THE GENERAL ASSEMBLY of the State of Georgia :

SECTION 1.
That Paragraph III of the amendment to Article XI of the Constitution of the State of Georgia of 1945, ratified on the 4th day of November, 1952, be and the same is hereby amended by adding at the end of said paragraph the following:
"Provided, however, that the prohibition of this paragraph shall not apply to highways, bridges, viaducts and underpasses, or the approaches thereto, constructed or to be constructed, relocated or repaired, in whole or in part, with Federal or State funds; nor shall said prohibition apply to the use of State or Federal funds available to Fulton County or the governing authorities thereof for the construction, reconstruction, relocation or repair of highways, bridges, viaducts, and underpasses, or approaches thereto, nor to the acquisition of necessary land therefor; nor shall said prohibition apply to the use of any part of the proceeds of any bond issue voted or to be voted by the people for such purposes. Provided, further, that the governing authorities of Fulton County shall have the right to furnish labor and the use of equipment for road work or other public works in cities or towns hav-

1344.

JOURNAL OF THE HOUSE,

ing a population of not more than 5,000 inhabitants by the United States Census of 1950 or any future Federal Census, where the cost to Fulton County for such labor and equipment shall not exceed fifty (50 o/o) per cent of the total cost of any such road or other public works constructed in such municipality."

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 bas 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 the Counties of Fulton, DeKalb and Clayton for two months previous to the time of holding the next general election at which election members of the General Assembly are chosen. All persons voting in said election in said counties 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 Paragraph III of the amendment to Article XI of the Constitution of the State of Georgia of 1945, ratified on the 4th day of November, 1952, permitting Fulton County to participate in the construction and repair of highways and appurtenances in municipalities located in whole or in part in that County" and all persons voting at said election in said counties 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 Paragraph III of the amendment to Article XI of the Constitution of the State of Georgia of 1945, ratified on the 4th day of November, 1952, permitting Fulton County to participate in the construction and repair of highways and appurtenances in municipalities located in whole or in part in that County." Said amendment shall hi! submitted to the voters of Fulton County, DeKalb County and Clayton County in conformity with the requirement of the terms and provisions of the amendment to Article XIII, Section I, Paragraph I of the Constitution of 1945, ratified November 4, 1952. If a majority of the electors, qualified to vote, and voting thereon, shall vote in favor of the adoption of said amendments in each of the counties affected 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, of the Constitution of 1945 and a part of Paragraph III of the amendment to said article ratified on the 4th day of November, 1952 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, by substitute.

On the adoption of the resolution, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Evans Ayers

Barber of Colquitt Barber of Jackson Baughman

Bell Bentley Best

TUESDAY, DECEMBER 1, 1953

1345

Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton Brown Buie Byrd Ca1lier Campbell of Oconee Carswell Chastain Cheatham Clark Clary Coffin Coker Conger Coogle Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Flynt Foster Fowler Frier Gardner Garrard Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp
Greer Grimsley Groover of Bibb

Groover of Troup Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Horne Huddleston Hughes Ingle lvey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton
Lewis Little Lokey Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moses

Moye Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson Ray
Register Rowland Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens Stevens of Marion Stocks Swindle Tamplin Tarpley Todd Trapnell Tumlin Turk Twitty Upshaw Ursrey Veal Wallillr Wardlow Watson White Whitener Wiggins Wilkinson Williams of Bulloch
Willis Wooten Young

By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, by substitute, the ayes were 167, nays 0.

18~

J{)URNAL OF THE HOUSE,

The resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

SR 70. By Senator Millican of the 52nd:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia to provide that the homestead exemption shall not apply to taxes which are limited in their application to the Fulton County School District and which are assessed and collected by the taxing authorities of Fulton County for the support and maintenance of education as recommended by the Fulton County Board of Education.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
That Article VII, Section I, Paragraph IV, of the Constitution of Georgia be amended by adding thereto the following:
"Notwithstanding anything elsewhere provided in this Constitution, the homestead exemption shall not apply to taxes which are limited in their application to the Fulton County School District, and which are assessed and collected by the taxing authorities of Fulton County for the support and maintenance of education as recommended .. by the Fulton County Board of Education."

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 their General Assembly, and the same shall have been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in Fulton County for two months previous to the time of holding the next general election, and also to be advertised in the area to be directly affected 11bereby.
SECTION 3.
Be it further resolved by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the voters of Fulton County at the next general election to be held after the publication as provided for in the second section 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 proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment to Article VII, Section I, Paragraph IV, of the Constitution, providing that the homestead exemption shall not apply to taxes limited to the Fulton County School District for the support and maintenance of education as recommended by the

TUESDAY, DECEMBER 1,1953

1~7

Fulton County Board of Education;" 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 I, Paragraph IV, of the Constitution, providing that the homestead exemption shall not apply to taxes limited to the Fulton County School District for the support and maintenance of education as recommended by the Fulton County Board of Education." If such amendment is ratified in accordance with the Constitution of this State, 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.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers
Barber of Colquitt Barber of Jackson Baughman Bell Bentley
Best Black Blackburn Bloodworth Bodenhamer Boggus
Bolton Brannen Brantley Britton Brown Buie Byrd Callier Campbell of Oconee Carswell Chastain Cheatham Clark Clary Coffin Coker Conger Coogle Cornelius Cowart

Cummings Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway
Duncan Durham Edenfield Edwards Flynt
Foster Fowler Frier Gardner Garrard Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley Groover of Bibb Groover of Troup Gunter Hamilton Harper Harrell Harris

Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holloway
Holton Horne Huddleston Hughes Ingle lvey
Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinneti Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton
Lewis Little Lokey Lovett McCracken

1348

JOURNAL OF THE HOUSE,

McGarity McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moses Moye Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell

Parker Peacock Perkins Phillips of Columbia Pickard Potts Raulerson Ray Register Rowland Rutland Sheffield Short Smiley Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens Stevens of Marion Stocks Swindle

Tamplin Tarpley Todd Trapnell Tumlin Turk Twitty Upshaw Ursrey Veal Walker Wardlow Watson White Whitener Wiggins
Wilkinson Williams of Bulloch Willis Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

SR 71. 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 to provide that notwithstanding the 7o/o debt limitation provided in said article, section and paragraph, the debt incurred by the Fulton County Board of Education for the Fulton County School District, may exceed 7o/o of the assessed value of all the taxable property in said school district, but shall not exceed 10o/o thereof.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION I
That Article VII, Section VII; Paragraph I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto the following:
Notwithstanding the 7% limitation herein provided, the debt incurred by the Fulton County Board of Education for the Fulton County School District may exceed 7o/o of the assessed value of all the taxable property therein, but shall not exceed 10o/o of such assessed value."

TUESDAY, DECEMBER 1, 1953

1349

SECTION II
Be it further resolved by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same shall have been entered on their Journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in Fulton County for two months previous to the time of holding the next general election, and also to be advertised jn the area to be directly affected thereby.

SECTION III
Be it further resolved by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the voters of Fulton County at the next general election to be held after the publication as provided for in the second section 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 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 1, of the Constitution, providing that the debt incurred by Fulton County Board of Education for the Fulton County School District shall not exceed 10% of the assessed value of all the taxable property therein;" 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 1, of the Constitution, providing that the debt incurred by the Fulton County Board of Education for the Fulton County School District shall not exceed 10% of the assessed value of all the taxable property therein." If such amendment is ratified in accordance with the Constitution of this State, 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.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, tfle roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams of Evans Adams of Upson Ayers Barber of Colquitt Barber of Jackson Baughman
Bell Bentley Best Black

Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Britton Brown Buie

Byrd
Callier
Campbell of Oconee Carswell Chastain Cheatham Clark Clary Coffin Coker

1350

.JOURNAL OF THE HOUSE,

Conger Coogle Cornelius Cowart Cummings Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Duncan Durham Edenfield Edwards Flynt Foster Fowler Frier Gardner Garrard Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley
Groover of Bibb Groover of Troup
Gunter Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis

Holloway Holton Horne Huddleston Hughes Ingle Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett
Jordan of Wheeler Kemp Key King Land Lanier Lavender Layton Lewis Little Lokey Lovett McCracken McGarity McKenna McWhorter Martin Matheson Matthews Mauldin Mishoe Moate Mobley
Moore of Pickens Moore of White Moses Moye Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson

Nightingale Otwell Parker Peacock Perkins Phillips of Columbia Pickard Potts
Raulerson Ray
Register Rowland Rutland Sheffield Short Smiley
Smith of Cobb Smith of Emanuel H. Smith M. Smith Stephens Stevens of Marion Stocks Swindle Tamplin Tarpley Todd Trapnell Tumlin Turk Twitty Upshaw Ursrey Veal Walker Wardlow Watson
White Whitener Wiggins Wilkinson Williams of Bulloch Willis Wooten Young

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

On the adoption of the resolution, the ayes were 167, nays 0.

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

HB 630. By Messrs. Hand and Twitty of Mitchell and others:
A Bill to be entitled an Act to provide for the establishment of a civil defense agency, and for other purposes.

TUESDAY, DECEMBER 1, 1953

1351

The report 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 872. By Messrs. Hand and Twitty of Mitchell and others:
A Bill to be entitled an Act to authorize the county boards of education to reorganize the schools within their jurisdiction, and for other purposes.
An amendment offered by Mr. Perkins of Carroll was read and lost.
The following substitute, offered by Messrs. Bodenhamer of Tift, Perkins of Carroll and others, was read:

A BILL
To be entitled an Act to ratify and validate all school consolidations, whether in whole or in part, heretofore made by the board of education of any county or independent school system where a new school or new building or buildings for existing schools have been built, or such new school or new building or buildings for existing schools are in the process of construction; to authorize and empower the board of education of any county or independent school system to reorganize schools within their jurisdiction and to determine and fix the number of grades to be taught at each school, and to designate the pupils to attend said school or schools, in the respective systems; to provide for publication of notice of such action; to provide for written objections to such action by the patrons of the school or schools affected thereby, and to provide referendum elections thereon; to provide that no such action by any board of education, when written objection is made, shall become effective until approved by a majority of the qualified voters of the school attendance area or areas, of such school or schools objecting thereto, voting in separate referendum elections held for such purposes; to provide for the holding of such referendum elections; to define school patrons; to give the courts jurisdiction to enforce the provisions of this Act; to enact a saving clause; to repeal all conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION I. All school consolidations heretofore made by the board of education of any county or independent school system, whether in whole or in part, by the consolidation of two or more whole schools into one school, or by removal of the high school or any number of grades or pupils from one school to another, where a new school or new building or buildings for existing schools have been built, or such new school or new building or buildings for existing schools are in the process of construction, are hereby confirmed, ratified, validated and declared to be legal and binding.
SECTION II. The board of education of any county or independent school system is hereby authorized and empowered, if, in their opinion, the welfare of the schools of the county or independent system and the best interests of the pupils require, reorganize the schools within their juris-

1352

JOURNAL OF THE HOUSE,
diction, and to determine and fix the number of grades to be taught at each school, and to designate the pupils to attend said school or schools, in their respective systems, and shall publish notice of such action as hereinafter provided; but should as many as one-half of the patrons of the said school or schools object in writing to any such action, it shall be the duty of the Ordinary of said county to call an election to be held at the said school or schools where such objection is made, in the manner hereinafter provided, and no such action shall become effective until approved by a majority of the qualified voters of the school attendance area, of each of the schools where such objection thereto is made, voting in separate referendum elections held for such purposes.
SECTION III. The board of education of any county or independent school system shall give thirty (30) days notice of its said action or decision, made pursuant to the provisions of Section two of this Act, by publishing such notice, plainly stating what action or decision it has made, once a week for four weeks in the official organ (newspaper) of the county in which sheriff's notices and other legal advertisements are published, and stating therein when said notice shall expire. If no written objection is filed by the patrons of any school affected thereby with the Ordinary of said county within thirty (30) days after the expiration date of the notice published by the said board of education, then its said action or decision shall become final and of full force and effect; otherwise not, unless and until approved in the referendum election or elections hereinafter provided for.
SECTION IV. The Ordinary of any county, when such written objection to the action under the provisions of Section two hereof is made by the patrons of any school or schools affected thereby, shall call and hold a referendum election after thirty (30) days notice of same by publishing such notice once a week for four weeks in the official organ (newspaper) of the county in which sheriff's notices and other legal advertisements are published, and also by posting notices at three or more public places in the attendance area or areas of said school or schools objecting thereto; and the said elections shall be held separately at each school where such objection is made to the action of said board of education; at which election or elections should a majority of the qualified voters of the school attendance area, of each school where such objection is made, voting in separate elections thereon, vote .in favor of the action taken by said board of education, the said action shall become effective and valid, otherwise not. The said Ordinary shall provide proper ballots therefor clearly stating the action to be voted on, and shall conduct such referendum elections according to the provisions of law governing the election of members of the General Assembly of this State, except that they shall be held at the schoolhouse of each school where such objection is made; and the said Ordinary shall declare and publish the result of such election or elections.
SECTION V. School patrons as used in this Act are defined to be
the parents of any child or children attending any such school or schools,
including the father and mother or either, if no parent the guardian or
other legal custodian, or the head of the family with whom the child
resides.
SECTION VI. Courts of equity shall have jurisdiction, by appropriate remedy, in proper cases made, to enforce the provisions of this Act.

TUESDAY, DECEMBER 1, 1953

1353

SECTION VII. Each provision and Section of this Act is hereby adopted and enacted separately, and should any provision or section thereof be held unconstitutional or void for any reason it shall not affect the validity of any other provision or section of this Act.
SECTION VIII. All laws and parts of laws in conflict with this Act are hereby repealed.

An amendment to the substitute, offered by Mr. Gowen of Glynn, was withdrawn.
Two amendments to the substitute, offered by Mr. Perkins of Carroll, were read and lost.
The substitute, offered by Messrs. Bodenhamer of Tift, Pickens of Carroll and others, 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 124, nays 11.
The bill, having received the requisite constitutional majority, was passed.
Mr. Perkins of Carroll requested that the Journal show him as having voted against the passage of HB 872.
The Speaker appointed as a Special Committee to investigate the financial status of the Board of Regents the following members of the House: Messrs. H. Smith of Fulton, Matthews of Clarke and Campbell of Oconee.
The Speaker appointed as a Special Committee to investigate certain allegations made against the Insurance Commissioner the following members of the House: Messrs. Russell of Barrow, Sipple of Chatham, Blalock of Coweta, Moate of Hancock, Jackson of Jones, Drinkard of Lincoln, Jordan of Wheeler, Tarbutton of Washington, Gillis of Treutlen, Chastain of Thomas, Callier of Talbot, and Birdsong of Troup.
The following resolutions of the House were read and adopted:

HR 327. By Messrs. Hall of Floyd and Harrison of Jenkins:
A RESOLUTION
Directing the Governor to grant State Employees time off for certain legal holidays; and for other purposes.
WHEREAS, January the nineteenth, which is known as Lee's Birthday, and February the twenty-second is known as Washington's Birthday, and both such days are designated by the statutory laws of this State as Legal Holidays; and
WHEREAS, the General Assembly of Georgia was in session on both of said days in the year 1953 and such days were not observed as Legal Holidays by the State Government and its employees; and
WHEREAS, the employees of the State worked long and industriously on the aforesaid days while the General Assembly was in session, exerting extra efforts in order that the needs of the General Assembly might be better served ; and

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JOURNAL OF THE HOUSE,

WHEREAS, it is only fitting and proper that the birthdays of two such noble and revered persons as Robert E. Lee and George Washington should be observed in the manner in which other legal holidays have been observed during this calendar year;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the Governor of the State of Georgia is hereby authorized and directed to grant and give State Employees two extra days as holidays in lieu of the two aforesaid Legal Holidays of which they were deprived during the January-February Session of the General Assembly of Georgia.
BE IT FURTHER RESOLVED, that inasmuch as Robert E. Lee's birthday will be observed as a Legal Holiday on January 19, 1954, which day is on Tuesday, it is suggested that the Governor grant January 18, 1954, as one of said extra days.
BE IT FURTHER RESOLVED, that inasmuch as George Washington's birthday will be observed as a Legal Holiday on February 22, 1954, which day is on Monday, it is suggested that the Governor grant February 23, 1954, as the other of said extra days.
BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to the Governor of the State of Georgia.

HR 328. By Messrs. Hand and Twitty of Mitchell and others:

A RESOLUTION
WHEREAS, on Saturday, November 28th, 1953, the President and Faculty of the Georgia Institute of Technology were gracious hosts to the members of the General Assembly, their wives and friends at luncheon and for the annual Georgia-Georgia Tech Game, and
WHEREAS, in spite of many difficulties the officials of Georgia Tech were most cooperative in their efforts to accommodate the members of the General Assembly, and
WHEREAS, the Honorable M. Muggsy Smith, Representative of Fulton County and a loyal Tech alumnus, did everything within his power to satisfy the desires and wishes of the members of the House and was most cooperative in every respect, and
WHEREAS, all members who were present on last Saturday enjoyed themselves to the fullest and desire to express their appreciation to the officials of Georgia Tech and to the Honorable M. Muggsy Smith for their hospitality;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that the sincere appreciation of every member of the General Assembly be expressed to Colonel Blake Van Leer and his associates at Georgia Tech and to the Honorable M. Muggsy Smith for their kind hospitality of last Saturday;
AND BE IT FURTHER RESOLVED that a copy of this resolution be sent to Colonel Van Leer and his associates and to the Honorable M. Muggsy Smith.

TUESDAY, DECEMBER 1, 1953

1366

Mr. Twitty of Mitchell moved that the House do now recess until 2~15 o'clock this afternoon and the motion prevailed.
The Speaker announced the House recessed until 2:15 o'clock this afternoon.

AFTERNOON SESSION
The Speaker called the House to order.
Under the regular order of business, the following bills and resolutions of the House were taken up for consideration and read the third time:

HB 794. By Messrs. Sheffield of Brooks, Matthews of Clarke, and others:
A Bill to be entitled an Act to provide for the construction of bridges and turnpike projects, and for other purposes.

By unanimous consent, further consideration of HB 794 was postponed until tomorrow morning, December 2, 1953, immediately following the period of unanimous consents.

HR 50-220f. By Mr. Tamplin of Morgan:
A Resolution compensating Mr. J. B. Bruce for rlamages, 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 61-220g. By Mr. Tamplin of Morgan:
A Resolution compensating Mr. R. H. Ridgeway, Jr., for damages, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Special Appropriations moves to amend HR 51-220g by striking the words 'and :figures, "One Thousand Four Hundred Eighty-One ($1,481.48) Dollars and Forty-eight Cents," wherever they appear, and inserting in lieu thereof the words and figures, "One Thousand Two Hundred Fifty ($1,250.00) Dollars."

The. report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.
On the adoption of the resolution, as amended, the ayes were 110, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 46-220b. By Mr. Connell of Lowndes:
A Resolution compensating Mrs. Lizzie Lundy for the death of her son, John Cession Lundy, and for other purposes.

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JOURNAL OF THE HOUSE,

The following Committee amendment was read and adopted:
The Committee on Special Appropriations moves to amend HR 46-220b so as to change the figure $7,000.00 to $1,600.00.

The report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.
On the adoption of the resolution, as amended, the ayes were 107, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 951. By Messrs. Phillips of Walton, Campbell of Oconee and others:
A Bill to be entitled an Act to require that all livestock weights taken at livestock sales establishments be taken by certified public weighers, and for other purposes.

The report 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 64-262d. By the Clerk's Office:
A Resolution compensating Mr. C. B. Wilson for damages, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Special Appropriations moves to amend HR 64-262d so as to change the figures $627.00 to $326.95.

The report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.
On the adoption of the resolution, as amended, the ayes were 119, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 247-790f. By Messrs. Flynt of Taliaferro, Ray of Warren and others:
A Resolution authorizing the placing of a bust of Alexander Hamilton Stevens in the State Capitol, 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.

TUESDAY, DECEMBER 1, 1953

1357

HB 651. By Messrs. Mobley of Burke, Watson of Dougherty and others:
A Bill to be entitled an Act to provide for warehouse inspection, and for other purposes.
The following committee amendments were read and adopted:
The Committee on General Agriculture No. 1 moves that the following be substituted for page 1 of the original b.ill :

A BILL
To Be entitled an Act to be known as the Georgia State Warehouse Act; to establish a system of State bonded and inspected warehouses; to define certain terms used in the Act; to define the powers and the duties of the Commissioner of Agriculture in inspecting all public warehouses; to appoint Warehouse Commissioner; to authorize the Commissioner of Agriculture to investigate storage and weighing of agricultural products; to authorize the Commissioner of Agriculture to examine and inspect all the warehouses covered by this Act and all the agricultural products stored therein; to authorize the Commissioner of Agriculture to promulgate rules and regulations regarding the issuance of warehouse receipts; to authorize rules and regulations to carry out the provisions of this Act; to provide for the licensing of warehouses in this State; to provide for the execution of a good and sufficient bond by a surety corporation qualified under the laws of this State to secure the faithful performance of the obligations of a warehouseman under the terms of the Act and the rules and regulations prescribed thereunder; to provide for suits on such bonds; to provide for the designation of warehouses complying with this act as State Bonded Warehouses; to provide for inspection of public warehouses and the agricultural products contained therein; to provide for the levy and collection of license and inspection fees and fees for warehouse receipts; to provide for the issuance of warehouse receipts and to regulate the issuance thereof; to provide for the form of such receipts; to provide for a method of issuing duplicate receipts; to establish an obligation on every warehouseman to deliver the agricultural products stored in his warehouse; to provide for the return and cancellation of receipts; to require the keeping of records and reports; to provide for the publication of investigations and inspection; to provide for the inspection of records; to require the warehouseman to keep insurance covering agricultural products deposited or stored therein; to provide for the maintenance of a schedule of charges; to provide for certified public weighers; to require the maintenance of suitable scales in good order; to provide penalties against the conversion of any agricultural products stored in such warehouse; to provide penalties for alteration or misrepresentation or making fraudulent receipt or certificate; to provide penalties for violating any provisions of this Act or regulation promulgated thereunder; to provide for the administration of this Act by the Commissioner of Agriculture; to prescribe the procedure to be followed in the adoption and promulgation of rules and regulations; to provide for uniform application of all orders, rules and regulations; to provide for an administrative remedy; to provide for the suspension, revocation or denial of a license and the procedure therefor; to exempt therefrom warehouses licensed under the United States Warehouse Act, or supervised by Commodity Credit Corporation.

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JOURNAL OF THE HOUSE,
The Committee on General Agriculture No. 1 moves that the fdllowing be substituted for page 3 of the original bill:
(h) The term "storer" as used in this Act means the depositor of agricultural products stored under a non-negotiable receipt, or the holder of a negotiable .receipt for such products issued by a warehouseman licensed under this Act.
(i) The term "producer" means a farmer or grower of agricultural products.
SECTION 3.
Powers and duties of the Commissioner: Regulations: The Cornmissioner is authorized to investigate the stotage and weighing of agricultural products; at any time, to examine or cause to be examined all warehouses under this Act and all agricultural products stored therein; to determine whether such warehouses are suitable for the proper storage of the agricultural product or products stored or proposed to be stored therein; and to classify such warehouses in accordance with their ownership, location, surroundings, capacity, conditions and other qualities, and as to the kinds of licenses issued or that may be issued for them pursuant to this Act. The Commissioner may make such rules and regulations as are necessary or appropriate governing the operation of warehouses under this Act with respect to their receipt, care and delivery of and responsibility for agricultural products received at such warehouses for storage; the issuance, cancellation, division, and consolidation of receipts, and other matters relative to the management of the business of such warehouses; and such other. rules and regulations as are necessary or appropriate to carry out the provisions of this Act, to the end that any farmer or producer or storer of agricultural commodities may be assured that agricultural products stored by him are maintained in as nearly the same status as practicable according to the grade, standard and condition as when stored. All rules and regulations shall be promulgated in accordance with the procedure set forth in Section 24 and 25 of this Act.
SECTION 4.
That within the police powers of the State and for the general welfare there is established, as hereinafter provided, a Warehouse System for the State of Georgia as a Division of the Department of Agriculture under the supervision and control of the Commissioner of Agriculture, who shall appoint forthwith a suitable person to be known as the State Warehouse Director, salary to be fixed by the Commissioner of Agriculture, and whose term of office shall be for the period of four years commencing on the effective date of this Act. Said Director shall give bond in such amount as the Commissioner shall direct for faithful performance of his duties and proper accounting for all funds corning into his hands.
The Committee on General Agriculture No. 1 moves that HB 651 be further amended in the following particulars:
1. Amend Section 30, paragraph (a), as follows:
In line 2 and 3 strike the words "supervised by" and insert in lieu thereof the words "under contract with";

TU:ESDAY, DECEMBER 1; 1953

In line 4 strike the word "supervision" and insert in lieu thereof the word "contract";

In line .6 strike the words "supervised by" and insert in lieu thereof the words "under contract with";

In line 9 strike the words "supervision by" and insert in lieu thereof

the words "a contract with the".



In line 3 strike the words "or other Federal agencies" and insert in lieu thereof the words "other Federal agencies or any agency designated by them".

2. Amend Section 4 by striking the words "concurrent with that of theCommissioner of Agriculture" at the end of said section and in lieu thereof insert the words "for the period of four years commencing on the effective date of this Act".

3. Amend HB 651, Section 20 by striking out the last four words

at the end of first sentence, reading "fire, windstorm and lightning,"

and substituting the words "fire, lightning and extended coverage,

except that cotton shall be insured against loss or damage by fire and

lightning only," making this sentence read,



"All agricultural products stored for the producer in their raw or natural state, and cotton in any form stored for the producer, in storage ' :.in a warehouse under this Act or deposited temporarily in such a warehouse pending storage shall be kept insured at full market value by the warehouseman against loss or damage by fire, lightning and extended coverage, except that cotton shall be insured against loss or damage by fire and lightning only."

4. HB 651, Section 30, is hereby amended by adding a sub-section "C" to read as follows :

"(C) Any person, firm, corporation, or association storing Peanuts, Cottonseed, or Tobacco,. may be required only, at their option, by appli-
cation, to qualify and come under the provisions of this Act.

Tlie following amendment to HB 651 was read and &dopted:

Mr. Campbell of Oconee moves to amend HB 651 by striking the following words in line 5, Section 4 "whose salary shall not be more than $7500.00 per annum, plus expenses".

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 122, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 585. By Messrs. M. Smith, H. Smith and Lokey of Fulton and others:
A Bill to be entitled an Act to amend the Code so as to provide for punishment upon conviction of a fourth felony, and for other purposes. The following committee substitute was read and adopted:

1360

JOURNAL OF THE HOUSE,
A BILL
To be entitled an Act to amend Section 27-2511, Georgia Code 1933, relating to the punishment for the conviction of a second or subsequent criminal offense, so as to provide for punishment of persons upon conviction of a fourth felony or of subsequent felonies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION 1.
Section 27-2511 of the Code of Georgia of 1933 relating to the punishment for the conviction of a second or subsequent criminal offense, is hereby amended by adding at the end thereof the following:
"Provided, however, any person who, after having been three times convicted under the laws of this State of felonies, or under the laws of any other State or of the United States, of crimes which, if committed within this State would be felonious, commits a felony within this State other than a capital felony, must, upon conviction of such fourth offense, or of subsequent offenses, serve the maximum time provided in the sentence of the jury or the judge based upon such conviction, and shall not be eligible for parole until the maximum sentence has been served. For the purposes of this section conviction of two or more crimea charged on separate counts of one indictment or information or in two or more indictments or informations consolidated for trial, shall be deemed to be only one conviction."
so that Section 27-2511, when so amended, shall read as follows:
"Section 27-2511. If any person who has been convicted of an offense and sentenced to confinement and labor in the penitentiary shall afterwards commit a crime punishable by confinement and labor in the penitentiary, he shall be sentenced to undergo the longest period of time and labor prescribed for the punishment of the offense of which he stands convicted. Provided, however, any person who, after having been three times convicted under the laws of this State of felonies, or under the laws of any other State or of the United States, of crimes which, if committed within this State would be felonies, commits a felony within this State other than a capital felony, must, upon conviction of such fourth offense, or of subsequent offenses, serve the maximum time provided in the sentence of the jury or the judge based upon such conviction, and shall not be eligible for parole until the maximum ~ntence has been served. For the purpose of this section conviction of two or more crimes charged on separate counts of one indictment or information or in two or more indictments or informations consolidated for trial, shall be deemed to be only one conviction."

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.

TUESDAY, DECEMBER 1, 1953

1361

On the passage of the bill, by substitute, the ayes were 103, nays 18.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 795. By Mr. Green of Baldwin:
A Bill to be entitled an Act to amend an Act so as to provide that a lunacy trial may be demanded by all patients at the Milledgeville State 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 152. By Messrs. Nightingale of Glynn and Lifsey of Lamar:
A Bill to be entitled an Act to amend an Act providing for annual fees for motor vehicles, and for other purposes.

The report 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 2.
The bill, having received the requisite constitutional majority, was passed.

HR 65-262e. By the Clerk's Office :
A Resolution compensating Mr. Jarvis Johnson for !iamages, 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 2.
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 tomorrow morning and the motion prevailed.
The Speaker announced the .House adjourned until 10:00 o'clock tomorrow morning.

1362

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Wednesday, December 2, 1953.
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 Reverend B. C. Matteson, Retired Methodist Minister, Washington, Georgia.
By unanimous consent, the .roll call was dispensed with.

Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings has been read andfound 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. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and general bills with local application. 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 of the House were read the first time and referred to the committees:
HB 1007. By Messrs. Green andParker of Baldwin:
A Bill to be entitled an Act to provide for the compensation of certain employees at Milledgeville State Hospital, and for other purposes.
Referred to the Committee on Ga. State Sanitarium.

HB 1008. By Messrs. Green and Parker of Baldwin:
A Bill to be entitled an Act to amend an Act known as the General Appropriations Act, so as to provide for an appropriation for the payment of employees of Milledgeville State Hospital, and for other purposes.
Referred to the Committee on Appropriations.

WEDNESDAY, DECEMBER 2, 1963

1363

HB 1009. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act relating to the sale, etc.,
of obscene pictures, books, etc., and for other purposes.
Referred to the Committee on State of Republic.

HB 1010. By Messrs. Lovett of Laurens, Moate of Hancock, Harrison of Wayne, Frier of Ware, McGarity of Henry, Tumlin of Bartow and many others:
A Bill to be entitled an Act to provide that primary elections for county officers shall be held in the same year general elections for such officers are held, and for other purposes.
Referred to the Committee on State of Republic.

HB 1011. By Mr. Best of Clay:
A Bill to be entitled an Act to amend an Act relating to reporting tax under the Motor Fuel Tax Law; so as to eliminate issuing annual Motor Fuel refund permits, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1012. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act establishing the City Court of Cairo, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1013. By Messrs. Bentley and Smith of Cobb:
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.

HB 1014. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the Charter of the Town of Athens; so as to authorize the Mayor and Council of the City of Athens to provide off-street parking facilities for motor facilities, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1016. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to designate the time of filing declarations in attachments in municipal court, City of Augusta, and for other purposes.
Referred to the Committee on Municipal Government.

HR 319-1016a. By Mr. Lovett of Laurens: A Resolution proposing to compensate Mr. Sankey Booth for services

1364

JOURNAL OF THE HOUSE,

rendered as a teacher in various public school systems of this State, and for other purposes.
Referred to the Committee on Education # 1.

HR 320-1015b. By Messrs. Jordan and White of Gwinnett:
A Resolution proposing an amendment to the Constitution so as to provide that the governing authority of Gwinnett County may establish a water, sanitation, sewerage and fire protection district in Gwinnett County, and for other pUrposes.
Referred to the Committee on Amendments to Constitution # 1.

HR 321-1015c. By Messrs. Bell of Richmond and Parker of Baldwin:
A Resolution to compensate Robert H. Green, Representative from Baldwin County, for expenses paid for out of personal funds, and for other purposes.
Referred to the Committee on Georgia State Sanitorium.

HR 322-1015d. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A Resolution proposing an amendment to the Constitution to provide that the homestead exemption shall not apply to taxes which are assessed and coilected by the Taxing authorities of DeKalb County for the support and maintenance of education as recommended by the DeKalb County Board of Education, and for other purposes.
.. Referred to the Committee on Amendments to Constitution # 1.

HR 323-1015e. By Messrs. Greene of Crisp and Veal of Putnam: A resolution to compensate Mr. Lamar Jamerson, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 324-1015f. By Messrs. Green of Baldwin and Parker of Baldwin: .A Resolution to compensate Dr. L. C. Lindsley, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 325-1015g. By Mr. McWhorter of DeKalb:
A Resolution to compensate Mr. W. H. Mott, of Chamblee, for damages to his automobile sustained in an accident with a State Highway Department truck, and for other purposes.
_ Referred to the Committee on Special Appropriations.

BR 326-1015h. By Mr. Ursrey of Jeff Davis:
A Resolution petitioning Congress to pass permanent legislation to maintain a floor of not less than 90% parity on all basic farm crops, to protect such floor prices with commodity loans of like amount and to prescribe such import duties, excise taxes, or quotas on competitives

WEDNESDAY, DECEMBER 2, 1953

1365

imports as may be needed to maintain these price levels, and for other purposes.
Referred to the Committee on Agriculture # 1.

HB 1016. By Messrs. Willingham, Smith and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw; so as to provide that it shall be in the discretion of the Mayor and Council of the City of Kennesaw as to whether or not a marshal, chief of police, or other policemen shall be employed by said City, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1017. By Messrs. Campbell and Coker of Walker:
A Bill to be entitled an Act to amend the charter of the City of Rossville, creating the office of Tax Assessor for said City, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1018. By Mr. Hamilton of Appling:
A Bill to be entitled an Act to amend an Act establishing the City Court of Baxley, and for other purposes.
Referred to the Committee on Counties and County Matters..

HB 1019. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A Bill to be entitled an Act to enumerate the counties composing the the Stone Mountain Judicial Circuit, and for other purposes.
Referred to the <;ommittee on Special Judiciary.

HB 1020. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A Bill to be entitled an Act to create and organi~e a new judicial Circuit for the State of Georgia, to be known as the DeKalb Judicial Circuit, to be composed of the County of DeKalb, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1021. By Messrs. Willingham, Smith and Bentley of Cobb:
A Bill to be entitled an Act to amen~ an Act creating a new charter for the City of Austell, and for other purposes.
Referred to the Committee on Municipal Government.
HB 1022. By Mr. H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to Wards, and for other purposes.
Referred to the Committee on Municipal Government.

1366

JOURNAL OF THE HOUSE,

HR 329-1022a. By Mr. Harrison of Wayne:
A Resolution authorizing the State Library to furnish to the Superior Court of Wayne County a complete set of the Georgia Supreme Court Reports and the Court of Appeals Reports, and for other purposes.
Referred to the Committee on Public Library.

HB 1023. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for. the City of Atlanta, effecting civil service privileges, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1024. By Messrs. Groover, Harris and McKenna of Bibb:
A Bill to be entitled an Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Board of Water Commissioners, an instrumentally of the City of Macon, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 330-1024a. By Mr. Bodenhamer of Tift:
A Resolution proposing an amendment to the Constitution relating to the bounded debt of the State, so as to authorize the incurring of a bonded indebtedness by the State not to exceed five hundred million dollars to be used for the purchase, construction and maintenance of highways in this State, and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.

HB 1025. By Messrs. Hall of Floyd and Lovett of Laurens:
A Bill to be entitled an Act to provide for the establishment of a centralized system of accounting for the State Department of Education, and for other purposes.
Referred to the Committee on Education # 1.

HB 1026. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act relating to the incorporation, number of incorporators, petition therefor, powers and liabilities of street suburban and interurban railroads so as to additionally allow such street, suburban and interurban railroads to exercise the powers of condemnation and eminent domain within municipalities with the consent of the incorporate town or city, and for other purposes.
Referred to the Committee on State of Republic.

HB 1027. By Messrs. Chastain and Willis of Thomas:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act to incorporate the Town of Thomasville as the City of

WEDNESDAY, DECEMBER 2, 1953

1367

Thomasville; so as to provide for the establishment of a fund to be known as City of Thomasville Water and Light Department General Reserve Fund, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1028. By Mr. Cowart of Stewart:
A Bill to be entitled an Act to provide for the consolidation of schools in counties having a population of not less than 9,150 and not more than 9,120, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1029. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act incorporating the City of Cairo, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1030. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to amend an Act to provide a permanent county employees pension fund for permanent employees of the Board of Commissioners of Roads and Revenues of Richmond County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1031. By Messrs. Foster and Kemp of Clayton:
A Bill to be entitled an Act to provide for the holding of a referendum in the City of Forest Park, Georgia to determine whether said city shall retain its present form of government, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1032. By Mr. Blalock of Coweta:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Newnan; so as to provide for the appointment of a City Manager for said city, and for other purposes.
Referred to the Committee on Municipal Government.

HR 331-1032. By Mr. Rowland of Johnson:
A Resolution proposing compensation to Mrs. Hilda Fennell for damages to her automobile, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 332-1032b. By Mr. Lanier of Candler:
A Resolution to compensate Mr. George W. Bird, .Jr., for damages to his automobile, and for other purposes.
Referred to the Committee on Special Appropriations.

1368

JOURNAL OF THE HOUSE,

Mr. Russell of Barrow County, Vice-Chairman of the Committee on Amendments to Constitution # 1, submitted the following report:
Mr. Speaker:
Your Committee on Constitution Amendments # 1 has had under consideration the following Bill of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
That the bill do pass.
HB 287-916b. Do Pass, by substitute.
Respectfully submitted,
Russell of Barrow,
Vice-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 302-957a. Do Pass.
HR 315-1001j. Do Pass.
Respectfully submitted,
Freeman of Monroe,
Chairman.

Mr. Lavender of Elbert 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 986. Do Pass. HB 987. Do Pass.
HB 998. Do Pass.
HB 999. Do Pass.
HB 1002. Do Pass.
Respectfully submitted,
Lavender of Elbert,
Chairman.

WEDNESDAY, DECEMBER 2, 1953

1369

Mr. Hollis of Muscogee 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 Resolution of the House and has instructed me as chairman, to report the same back to the House with the following recommendations:
HR 295-919a. Do Pass.
Respectfully submitted,
Hollis of Muscogee,
Chairman.

Mr. Williams of Bulloch County, Chairman of the Committee on Hygiene Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene Sanitation has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 373. Do Not Pass.
HB 974. Do Pass.
SB 96. Do Not Pass.
Respectfully submitted,
Williams of Bulloch,
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 572. Do Pass.
Respectfully submitted,
Rowland of Johnson,
Chairman.

Mr. Jones of Lumpkin 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:

1370

JOURNAL OF THE HOUSE,

SB 127. Do Pass. HB 958. Do Pass.

Respectfully submitted, Jones of Lumpkin, Chairman.

Mr. Hoke Smith of Fulton 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 992. Do Pass.

HB 995. Do Pass.

HB 1006. Do Pass.

HB 1005. Do Pass.

HB 1003. Do Pass.

HB 1000. Do Pass.

HB 994. Do Pass.

Respectfully submitted,

Hoke Smith of Fulton,

Chairman.

Mr. Adams of Evans County, chairman of the Committee on Pensions, submitted the following report:
Mr. Speaker: Your Committee on Pensions 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 747. Do Pass, by substitute.
HB 915. Do Pass. HB 888. Do Pass, as amended.
SB 153. Do Pass. Respectfully submitted, Adams of Evans, Chairman.

Mr. Blalock of Coweta County, Chairman of the Committee on Public Property, submitted to the following report:

WEPNESDAY, DECEMBER 2, 1953

1371

Mr. Speaker:
: . . Your Committee on Public Property has had under consideration the following. ~solution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 69. Do Pass.
Respectfully submitted,
Blalock of Coweta,
Chairman.

Mr. Blalock of Coweta 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 recommendation:
HB 962. Do Pass.
Respectfully submitted,
Blalock of Coweta,
Chairman.

Mr. Barber of Colquitt 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' 'sti:me back to the House with the following recommendations: .........~~ 13-42g. Do N:ot Pass.
HR 12-42f. Do Not Pass.
HR 298-935a. Do Not Pass.
.. H:k 80-262t. Do Not Pass.
HR 279-88Ib. Do Pass, as amended.
HR 307-985b. Do Pass.
HR 278-881a. Do Pass, as amended.
Respectfully submitted,
Barber of Colquitt,
Chairman.

,,. Mr. Barber of Colquitt County, Chairman of the Committee on Special Appropriations, submitted the following report:

1372

JOURNAL OF THE HOUSE,

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 205-648c. Do Not Pass. HR 30-124b. Do Not Pass. HR 67-262g. Do Not Pass. HR 68-262h. Do Not Pass. HR 76-262p. Do Not Pass. HR 75-262o. Do Not Pass. HR 82-262v. Do Not Pass. HR 117-362f. Do Not Pass. HR 294-916i. Do Pass. HR 276-867d. Do Pass. HR 313-1001d. Do Pass. HR 54-242b. Do Pass, as amended. HR 201-647a. Do Pass. HR 221-743g. Do Pass. HR 239-743y. Do Not 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 follow-
ing 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 959. Do Pass.
SB 152. Do Pass.
Respectfully submitted,
McCracken of Jefferson,
Chairman.

Mr. Jordan of Wheeler County, Chairman of the Committee on Veterans Affairs, submitted the following report:

WEDNESDAY, DECEMBER 2, 1953

13'13

Mr. Speaker: Your Committee on Veterans Affairs 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 631. Do Not Pass. HB 602. Do Pass, by substitute. HB 887. Do Not Pass.
Respectfully submitted,
Jordan of Wheeler,
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 wjth the following recommendations:
HB 989. Do Pass.
HB 990. Do Pass.
Respectfully submitted,
Ray of Warren,
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 follow-
ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 893. 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 bas passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to-wit:

1374

JOURNAL OF THE HOUSE,

SR 35. By Senator Moon of the 13th:
A Resolution authorizing the Board of Education of the State to trade lands sufficient for an airplane runway or runways for other lands owned by Sumter County and used by Americus and Sumter County. in connection with airport at South Georgia Trade & Vocational School, and for other purposes.

SR 78. By Senator Stripling of the 49th:
A Resolution authorizing State Librarian to furnish law books to Candler County without cost.

SR 94. By Senators Carlisle of the 51st and Edenfield of the 4th:

A Resolution providing that the General Assembly accept from the

family of Mrs. Richard B. Russell Sr., a portrait of her son~, Hon.

Richard B. Russell Jr., U. S. Senator.



SB 197. By Senator Ramsey of the 1st:
A Bill to amend the Charter of the City of Savannah, authorizing the Mayor and Aldermen to sell certain parts of St. Julian St. to owners of property abutting said street, and for other purposes.

SB 200. By Senator Parker of the 38th:
A Bill to amend an Act entitled "An Act to establish the City Court of Polk County, in the City of Cedartown, and for other purposes.

SB 201. By Senator Parker of the 38th:
A Bill to amend an Act entitled "An Act to establish a City Court of Polk County in the City of Cedartown, to provide for changes in rules of practice and procedure in the City Court of Polk County, and for other purposes.

SB 211. By Senator Millican of the 52nd:
A Bill to amend an Act establishing a new charter for the City of Atlanta approved 1874 and the several acts amendatory thereof; relating to taxes, and for other purposes.

SB 212; By Senator Millican of the 52nd:
A Bill to amend an Act to provide pension for officers and employees in cities having more than 150,000 population, and for other purposes.

SB 215. By Senator Millican of the 52nd:

A Bill to amend an Act establishing a new charter for the City of

Atlanta, providing for the qualifications of the Mayor, and for other

purposes.

:.._ ..

SB 216. By Senator Millican of the 52nd:

A Bill to amend an Act establishing a new charter for the City of At-

WEDNESDAY, DECEMBER 2, 1953

1375

lanta, authorizing the city to adopt traffic regulations at the Municip~l Airport, and for other purposes.

SB 177. By Senators Parker of the 38th and Hale of the 15th:
A Bill to provide for retirement benefits for the Ordinaries of Georgia, to provide a retirement fund therefor, to create a board to administer said funds, to fix its powers and duties, and for other purposes.

HR 225. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel:
A Resolution proposing to the qualified voters of the State of Georgia an amendment to Article VIII, Section I, Paragraph I of the Constitution of the State of Ga., by adding thereto the following to-wit: "The State and its subdivisions may by taxation provide funds for ~ducation in private schools when and in such manner as the General Assembly may authorize by law, and for other purposes.

HR 232. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Ray :: . of Warren:
A Resolution to establish the Georgia Commission on Education, to define its duties and authority, and to provide therefor such funds as are necessary to effectuate the purposes hereof, and for other purposes.

HB'677. By Messrs. Smith of Emanuel, Ray of Warren and others:
A Bill to provide that the State may enter into a compact with anyone or more of certain States to promote effective prevention and control of forest fires in the Southeastern region of the U. S., and for' other purposes.

HB 705. By Mr. Clary of McDuffie:
1A Bill to be entitled an Act to amend the Charter of the City of _ Thomson, and for other purposes.

HB 727. By Mr. Adams of Evans:
A Bill to be entitled an Act establishing a City Court of Claxton, so as to increase the salary of the Judge of said court, and for other purposes.

HB 729. By Mr. Greene of Crisp:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cordele, by enlarging the corporate limits of said city, and for other purposes.

HB 758. By Messrs. Harris, McKenna and Groover of Bibb: A Bill to be entitled an Act to amend an Act to establish the City Court of Macon; to define its jurisdiction and powers, and for other purposes.
liB 764. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to provide for the coverage of certain offi-

1376

JOURNAL OF THE HOUSE,

cers and employees of Bibb County under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act, and for other purposes.
HB 770. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act requiring the Board of Commissioners of Roads and Revenues of Clarke County to supplement the salary of the Western Judicial Circuit Court Recorder, and for other purposes.

HB 773. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the Charter of the Town of Athens, so as to close Hancock Avenue between Dearing Extension and Waddell Extension, and for other purposes

HB 774. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act so as to provide the term of office and the manner of electing the city attorney of the City of Athens, and for other purposes.

HB 775. By Mr. Whitener of Whitfield:
A Bill to be entitled an Act to amend the charter of the City of Dalton, so as to provide for the levying of an ad valorem tax for public health and hospital purposes, and for other purposes.

HB 787. By Mr. Stevens of Marion:
A Bill to be entitled an Act to create a charter for the Town of Tazewell, and for other purposes.

HB 804. By Messrs. Harris, McXenna 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.

HB 805. By Messrs. Harris, McKenna and Groover 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, relating to the Board of Water Commissioners", and for other purposes.

HB 810. By Mr. Coogle of Macon:
A Bill to be entitled an Act to amend the charter of the City of Marshallville, and for other purposes.

HB 820. By Mr. Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Rome, relating to the rate of taxes and the apportion of the same, and for other purposes.

WEDNESDAY, DECEMBER 2, 1953

1377

HB 832. By Mr. Ingle of Murray:
A Bill to be entitled an Act to close an alley in Spring Place, Georgia, and for other purposes.

HB 833. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act to establish a charter for the City of Carrollton, 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 747. By Messrs. Denton of Paulding, Murphy of Haralson, and others:
A Bill to be entitled an Act to amend an Act creating the office of Superior Court Reporter Emeritus, and for other purposes.

HB 915. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide a pension and retirement system for employees of the City of Hapeville, and for other purposes.

HB 926. By Messrs. Tallant of Cherokee, Smith of Cobb and others:
A Bill to be entitled an Act to provide for the disbursement of money received from leasing of lands in the Allatoona Reservoir Basin, and and for other purposes.

HB 986. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to provide a charter for the City of Willacoochee, and for other purposes.

HB 987. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act so as to provide for the terms of superior court in the Piedmont Judicial Circuit, and for other purposes.

HB 989. By Messrs. Ray of Warren, Lokey of Fulton, and Twitty. of Mitchell:
A Bill to be entitled an Act to amend the Code so as to provide that net operating loss carry-overs shall follow the Federal law, and for other purposes.

HB 990. By Messrs. Ray of Warren, Lokey of Fulton, and Twitty of Mitchell:
A Bill to be entitled an Act to amend the Code as relates to deduction of contributions from income, and .for other purposes.

HB 992. By Messrs. Cheatham, McGee, and Sipple of Chatham:
A Bill to be entitled an Act to amend an Act so as to provide a new pension system for certain employees of the City of Savannah, and for other purposes.

1378

JOURNAL OF THE HOUSE,

HB 994. By Messrs. White and Jordan of Gwinnett:
A Bill to be entitled an Act to incorporate the City of Berkeley Lake, and for other purposes.

HB 995. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to amend an Act so as to provide for the election of the mayor and aldermen of the Town of Ringgold, and for other purposes.

HB 998. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act so as to provide for the costs of the sheriff of the City Court of Waycross, and for other purposes.

HB 999. By Mr. McGarity of Henry:
A Bill to be entitled an Act to provide for a zoning and planning commission for the unincorporated portion of Henry County, and for other purposes.

HB 1000. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the Town of Brinson, and for other purposes.

HB 1002. By Messrs. Scoggin, Hall, and Hicks of Floyd:
A Bill to be entitled an Act to provide for the appointment of a Board of Electrical Examiners in certain counties, and for other purposes.

HB 1003. By Mr. Mishoe of Tattnall: A Bill to be entitled an Act to amend an Act so as to provide for the election of the mayor and councilmen of the City of Glennville at the same time, and for other purposes.
HB 1005. By Messrs. Hall, Scoggin, and Hicks of Floyd: A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Rome, and for other purposes.
HB 1006. By Messrs. Willingham, Smith, and Bentley of Cobb: A Bill to be entitled an Act to amend an Act so as to provide for the division of the City of Smyrna into six wards, and for other purposes.
HR 54-242b. By Messrs. Gardner of Dougherty and Durham of Baker: A Resolution compensating Jearldyne Garrett for injuries, and for other purposes.
HR 201-647a. By Messrs. Holley and Graham of Richmond and others: A Resolution compensating Thomas E. Hamilton for damages, and for other purposes.

WEDNESDAY, DECEMBER 2, 1953

1379

HR 276-867d. By Mr. Harrison of Wayne:
A Resolution compensating Mr. 0. L. Harris for damages, and for other purposes.

HR 294-916i. By Mr. Huddleston of Fayette:
A Resolution compensating Mr. Louis Palmer for damages, and for other purposes.

HR 313-1001d. By Messrs. Lewis of Greene and McGarity of Henry:
A Resolution compensating Mrs. Lillian Dobbs for damages, and for other purposes.

HR 315-1001f. By Mr. Cowart of Stewart:
A Resolution proposing a constitutional amendment providing the procedure for the consolidation of schools in Stewart County, and for other purposes.

SB 127. By Senator Adams of the 12th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by operators of motor vehicles, and for other purposes.

SB 152. By Senators Dean of the 34th, Hall of the 15th and others:
A Bill to be entitled an Act to amend the Code relating to confidential communications, and for other purposes.

SB 153. By Senator Coker of the 39th:
A Bill to be entitled an Act to amend an Act so as to define involuntary separation under the provisions of the Employee's Retirement System Act, and for other purposes.
SR 69. By Senator Blitch of the 5th and others:
A Resolution authorizing the purchase of certain facilities in the Okefenokee National Wildlife Refuge, and for other purposes.
HB 602. By Messrs. Floyd and Weems of Chattooga and others:
A Bill to be entitled an Act to provide that blind persons and certain others may conduct a business without a license, and for other purposes.
HR 287-916b. By Mr. Tallant of Cherokee:
A Resolution proposing a constitutional amendment providing for the consolidation of the City of Canton and the Cherokee County school systems, and for other purposes.
HR 307-985b. By Messrs. Chastain and Walker of Thomas:
A Resolution compensating Reverend Graham Oglesby, for damages, and for other purposes.

1380

JOURNAL OF THE HOUSE,

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

HB 983. By Messrs. Groover, Harris, and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act so as to secure the coverage of employees of the City of Macon under the provisions 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 983 was ordered immediately transmitted to the Senate.

HB 957. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act so as to change the terms of office of the councilmen 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 967. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to provide for an election of aldermen of the City of Macon, and for other purposes.
The following amendment was read and adopted:
Messrs. Harris, McKenna and Groover of Bibb moves to amend HB 967 as follows:
By adding thereto a new section to be known as Section 1A which shall read as follows: Notwithstanding any other provisions of the Charter of the City of Macon the present Mayor shall be eligible to succeed himself for one 4 year term in addition to the 2 year term he is now serving.
And by adding thereto a new section 1B to read as follows: Section 27 of the present Charter of the City of Macon is hereby amended by striking therefrom the following language: "He shall hold office for a term of two years and until his successor is elected and qualified. He shall be eligible for election for two successive two-year terms, and no incumbent shall hold office for more than four years in succession. When any incumbent has held office for two successive two-year terms he shall not be again eligible for election until one or more two-year terms shall intervene; provided, however, the present incumbent shall be eligible for re-election for one two-year term in addition to the term he is now serving."

WEDNESDAY, DECEMBER 2, 1953

1381

And moves to amend the caption accordingly.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 975. By Mr. Little of Peach:
A Bill to be entitled an Act to amend an Act so as to provide for a permanent registration list for the voters of the City of Fort Valley, and for other purposes.

The report 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 976. By Mr. Deen of Bacon:
A Bill to be entitled an Act to enable Bacon County and The City of Alma to establish a joint planning commission, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 977. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to be entitled an Act to amend an Act so as to increase the salaries of the deputy marshals 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 980. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act so as to provide for the publishing of an itemized statement of receipts and disbursements in Henry County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1382

JOURNAL OF THE HOUSE,

HB 981. By Messrs. Weems and Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act so as to provide the number of jurors to serve on trials in the City Court of Chattooga, and for other purposes.

The report 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 978. By Messrs. Scoggin, Hall and Hicks of Floyd: A Bill to be entitled an Act to amend an Act so as to change the number of deputy sheriffs 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.
HB 984. By Mr. Tallant 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 112, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 982. By Messrs. Birdsong and Groover of Troup: A Bill to be entitled an Act to amend an Act providing a pension system for the employees of Troup County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 985. By Mr. Tallant of Cherokee:
A Bill to be entitled an Act to place certain county officials of Cherokee County on 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.

WEDNESDAY, DECEMBER 2, 1953

1383

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 Stoddard of the 50th:
A Bill to be entitled an Act to amend an Act so as to change the term of office of the mayor and council of the City of Washington, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 199. By Senator Hall of the 15th:
A Bill to be entitled an Act to amend an Act so as to provide for the election of city tax assessors 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following resolutions of the House were 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 317-1005a. By Messrs. Tumlin and Upshaw of Bartow:
A Resolution proposing a constitutional amendment providing for the election of the members of the board of education of Bartow County by the people, and for other purposes.

HR 308-985c. By. Messrs. McKenna, Harris and Groover of Bibb:
A Resolution proposing a constitutional amendment providing that the county commissioners of Bibb County may have legislative powers over matters of local concern, and for other purposes.

By unanimous consent, the following resolution of the House was withdrawn from the Committee on State of the Republic, read the second time and recommitted to the Committee on State of the Republic:

HR 314-100le. By Messrs. Floyd and Weems of Chattooga and Deen of Bacon:
A Resolution proposing that May 1 of each year be referred to as "Loyalty Day", and for other purposes.

By unanimous consent, the following bills of the House were withdrawn from

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the Committee on Counties and County Matters, read the second time and recommitted to the Committee on Counties and County Matters:

HB 993. By Messrs. Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb County Planning Commission, and for other purposes.

HB 996. By Messrs. Bentley and Smith of Cobb:
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.

HB 997. By Messrs. Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb County Planning Commission, and for other purposes.

HB 979. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to authorize the County Board of Commis. sioners of Bibb County to regulate the !!Urfacing and maintenance of roads, and for other purposes.
By unanimous consent, the following bills o! the House were withdrawn from
the Committee on Industrial Relations, read the second time and recommitted to the Committee on Industrial Relations:

HB 960. By Mr. Jackson of Jones:
A Bill to be entitled an Act to amend the Georgia Right to Work Act, and for other purposes.

HB 240. By Messrs. Rowland of Johnson, Holley of Richmond and others:
A Bill to be entitled an Act to amend an Act known as the Georgia's Workmen's Compensation Act, and for other purposes.

By unanimous consent, the following resolution of the House was withdrawn from the Committee on Public Utilities, read the second time and recommitted to the Committee on Public Utilities:

HR 310-1001a. By Messrs. Mincy and Frier of Ware and others:
A Resolution requiring the Georgia Power and Light Company to fix its rates on a basis comparable to those of the Georgia Power Company, 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 :

WEDNESDAY, DECEMBER 2, 1953

1385

SENATE FIRST READERS IN HOUSE Wednesday, December 2, 1953

SB 177. By Senator Parker of the 38th and Senator Hale of the 15th:
A Bill to be entitled an Act to provide for retirement benefits for the Ordinaries of Georgia, and for other purposes.
Referred to the Committee on Pensions.

SB 197. By Senator Ramsey of the 1st:
A Bill to be entitled an Act to amend the Charter of the City of Savannah, authorizing the Mayor and Aldermen to sell certain parts of St .Julian St., to owners of property abutting said street, and for other purposes.
Referred to the Committee on Municipal Government.

SB 200. By Senator Parker of the 38th:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish the City Court of Polk County, and for other purposes.
Referred t(\. the Committee on Counties and County Matters.

SB 201. By Senator Parker of the 38th:
A Bill to be entitled an Act to amend an Act to establish a City Court of Polk County, in the City of Cedartown, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 211. 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, relating to taxes and other matters, and for other purposes.
Referred to the Committee on Municipal Government.

SB 212. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to provide pensions for officers and employees in cities having more thar.. 150,000, and for other purposes.
Referred to the Committee on Municipal Government.

SB 215. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend tn Act establishing a new charter for the City of Atlanta; providing for the qualifications of the Mayor, and for other purposes.
Referred to the Committee on Municipal Government.

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SB 216. 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; authorizing the City to adopt traffic regulations at the Municipal Airport, and for other purposes.
Referred to the Committee on Municipal Government.

SR 35. By Senator Moon of the 13th:
A Resolution authorizing the Board of Education of the State of Georgia to trade lands sufficient for an airplane runway or runways for other lands owned by Sumter County and used by Americus and Sumter County in connection with airport at South Georgia Trade & Vocational School, and for other purposes.
Referred to the Committee on Public Property.

SR 78. By Senator Stripling of the 49th:
A Resolution authorizing the State Librarian to furnish law books to Candler County Superior Court, and for other purposes.
Referred to the Committee on Public Library.

The Speaker appointed Mr. Harrell of Grady to replace Mr. Russell of Barrow on the Special Committee appointed to investigate certain allegations brought against the Insurance Commissioner.
Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:

HB 959. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A Bill to be entitled an Act to amend an Act so as to provide that all records of the State Board of Pardons and Paroles shall be classified as State secrets, and for other purposes.

By unanimous consent, further consideration of HB 959 was postponed until tomorrow, December 3, 1953, immediately following the period of unanimous
consents.

Under the regular order of business, the following bill of the House was again taken up for consideration:

HB 794. By Messrs. Sheffield of Brooks, Matthews of Clarke and others:

A Bill to be entitled an Act to provide for the construction of bridges and turnpike projects, and for other purposes.

The following committee substitute was read:



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

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1387

and defining its powers and duties; providing for financing such projects by the issuance and sale of 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 bonds; providing for the construction, repair and maintenance of feeder roads; providing for the severability of the provisions of this Act; providing for exemptions from taxation; providing for the repeal of the Georgia Turnpike Authority Act. No. 927 Georgia Laws of 1952; 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.
(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 distances, 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 revenue bonds of the Authority, payable solely from tolls and revenues, to finance such projects.

SECTION 2.
(Credit of State not pledged). 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 subdivision, 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 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 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.

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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 a public corporation and an instrumentality of the State 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 cf 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. One of the original appointees shall be a member of the State Highway Board at the time of his appointment. 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, but termination of his service as chairman or vice-chairman shall not affect his tenure as a member. 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 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 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 of 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

WEDNESDAY, DECEMBER 2, 1953

1389

shall be a proper expense of the Authority. Each member shall be reimbursed by the Authority for actual expenses necessarily incurred 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" shall mean any turnpike or any combined turnpike and bridge or bridges, 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, and the word "turnpike" shall also include, .but not be limited to all bridges, tunnels, overpasses, underpasses, interchanges, entrance places, approaches, feeder roads, 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. Each project shall be separately designated by number or name and may be constructed or extended in such sections as the Authority may from time to time determine.
(c) The word "bonds" or the words "revenue 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 and railroad corporations and other public utility corporations or public service corporations having any title or interest in any property, rights, easements and interests authorized to be acquired by this Act.
(f) The words "feeder road" shall mean 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.

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:

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(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; Provided that the principal office of the Authority shall be in Fulton County, Georgia;
(d) To sue and be sued in its own name;
(e) To construct, maintain, repair and operate turnpikes or combined turnpikes and bridges and to fix and determine the location of such projects. Provided that when the Authority shall determine the location of a turnpike project or of a combined turnpike and bridge project, the location of the termini thereof as determined by the Authority shall be subject to the approval of the Governor and of the State Highway Board; Provided also that no bridge shall be constructed except as a part of a turnpike as herein defined.
(f) To issue turnpike revenue bonds or turnpike and bridge 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 tolls for transit over each 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 this Act;
(j) To designate the locations, and establish, limit and control such points of ingress to and egress from each turnpike project or combined turnpike and bridge project as may be necessary or desirable 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;
(k) To provide an underpass or culvert to provide access between the divided lands of an owner when a turnpike divides such owner's land.
(1) To construct, repair and maintain any feeder road which in the opinion of the said 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 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%) 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

WEDNESDAY, DECEMBER 2, 1953

139i

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."
(m) 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: Provided that all construction contracts shall be let upon public competitive bids.
(n) 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 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.
( o) To receive and accept from any Federai agency, subject to the approval of the Governor, grants for or in aid of the construction of any project, and to receive and accept aid or contributions 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
(p) To do all acts and things necessary or convenient to carry out
the powers expressly granted in this Act.

SECTION 6
(As to waters separating Georgia and adjoining States). If the Authority should determine that it is feasible and advisable to construct a bridge over or a tunnel under a river or water separating Georgia and an adjoining state as part of a combined bridge and turnpike project, the Authority is authorized to purchase and accept such land and rights in such other state as may be deemed necessary by the Authority for the purpose, and for such purpose to exercise in any such adjoining State such powers of eminent domain and such rights and franchises as may be conferred on the State of Georgia by any act of the Legislature of such adjoining State now in force or which may hereafter be enacted, or which may be granted or assigned to the State of Georgia or to the Authority.

SECTION 7 (Acquisition by purchase or by power of eminent domain). The Authority shall have power to acquire in the name of the Authority by purchase or otherwise, from the owners thereof, on such

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terms 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 or easement upon or rights therein that the Authority may determine is reasonably necessary for any project or the re-location 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, easements upon, or any lesser or other interest in private property of any owner, 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 or easements or rights therein, the Authority may thereupon proceed in the exercise of the power of eminent domain.
The Authority shall first determine by resolution or resolutions that the acquisition of the land or property or easements or rights is necessary and convenient for the construction, maintenance or operation of a project, and said resolution shall set forth the names and addresses, if known, of all owners or persons having any interest in the land or property and a description of each parcel of land or property or easements upon and rights therein 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 sections 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 assessors 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, one upon the nomination of the Authority, one upon the nomination of the owner or owners of the parcel of land, and the third upon the nomination of such nominees of the parties, if they agree. If such nominees or appraisers nominated by the parties do not agree and submit their nomination to the Judge within ten days after they are nominated, the third ap-

WEDNESDAY, DECEMBER 2, 1953

1393

praiser shall be nominated by the Governor. If the owner or owners shall fail to nominate an appraiser within ten days from the date of service, the Ordinary of the County shall nomir.ate for the owner.
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 based upon separate appraisals shall be made for each tract or parcel of land or property or easement rights or other rights, 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 assessors 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.
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 substitute assessors shall be chosen in their stead, as herein provided, and the original assessors or cappraisers shall receive no compensation for their services.
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.

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If an appeal by any of the 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 property, 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 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 bound 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 easements upon or rights or interest therein as the Authority shall have sought to obtain in the exercise of its power

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1395

of eminent domain, and without any right of reverter of the land or property to such owner or owners, their heirs, personal representatives or assign, if the Authority, its successors or assigns in the future should cease to continue with the use of such land for the purpose of the project. Prior, however, to the time of the vesting in the Authority of title or other rights in interest in, to or upon 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 owner or owners, to enter and possess such land or property for the purposes of the project.
Deeds to land or property or easements upon or other rights 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 property and other appropriate proceedings shall be recorded and performed as set forth in Sec. 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 or easements or other rights 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 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 or 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 proceedings with respect to such parcel of land or property notwithstanding any appeal with respect thereto, except and unless the parti~s may otherwise agree.
Notwithstanding any other provision of this section, the Authority shall, before proceeding to condemn any parcel of land, or right to or interest in any parcel of land or other property, by appropriate resolution, declare the value of any such parcel or right or interest, which declaration shall be based upon such appraisal or other information as the Authority may deem proper. Any owner or owners who shall at any stage of the proceedings accept from the Authority or from the Clerk of the Superior Court or other official any sum tendered by the Authority or paid over to the Clerk or other official by the Authority under the foregoing provisions of this section, in excess of the declared value of such parcel of land or other property, shall give bond, in the amount of such excess, with good security, to be approved by the Clerk, to refund to the Authority any sum so received which is in excess of the value of the property as finally determined.
SECTION 8
(Incidental powers). Subject to approval by the State Highway Board, the Authority shall have power to construct grade separations

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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 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 part of such turnpike project.
Any public highway affected by the reconstruction of any project may be vacated or relocated by the Authority in the manner now provided by 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 the State Highway Department and their 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 activities.
The Authority shall also have power to make reasonable regulations for the installations, construction, maintenance, repair, renewal, relocation and renewal of tracks, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances (herein called "public utility facilities") of any railroad or other public utility in, on, along, over or under any 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 project shall be relocated in such project, or should be removed from such project, the railroad or public utility owning or operating such facilities in a new location, or new locations, and the cost of any order of the Authority; provided, however, that the cost and expenses of such relocation or removal, including the cost of installing such facilities in a new location, oro new locations, and the cost of any lands, or any rights or interest 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.
With respect to a project over or under the tracks or right-of-way

WEDNESDAY, DECEMBER 2, 1953

1397

of a railroad, the design for such structure by the Authority shall, if practicable and feasible, be limited to an easement over or under the railroad tracks and railroad right-of-way, and if a pier or piers upon a railroad right-of-way is deemed by the Authority to be absolutely necessary for such structure, then such pier or piers shall be so located as not to interfere with the tracks or with the movement of trains upon the tracks. During the construction period of a project over or under the tracks of a railroad, the plan and procedure of such construction work shall be so determined by the Authority as to cause the least amount of interference with the movement of the trains of such railroad, and any such plans of procedure during construction shall set forth whatever temporary detour tracks, if any, may be. necessary; to the end and intent that the Authority shall proceed with the construction of a project in such a manner as to cause the least possible interference with the usual and ordinary movement of trains of the railroad, and that after such construction is completed the railroad may thereafter maintain its usual and customary operation of trains on its tracks as originally located. All costs and expenses during the construction of a project incident to the safe-guarding of the movements of trains and to the temporary use of detour tracks, if any, and all costs relative to the construction of train tressels or bridges for railroad tracks and trains made necessary by a turnpike passing under railroad tracks shall be expenses of the Authority and a part of the cost of such project. As a preliminary to any condemnation proceeding against a railroad for land or easements or rights, the Authority shall first present to the railroad company the plans and specifications for such project over or under the tracks and right-of-way of the railroad, together with the plan of procedure during construction of the project. The Authority shall not file a condemnation proceeding against a railroad company for land, easements or rights until the expiration of sixty days after the Authority shall have submitted to the railroad company such plans and specifications and plan of construction procedure.

SECTION 9
(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. Any such resolution for the issuance of bonds may apply either to a single project or to two or more projects combined for financing purposes into one resolution. The principal of 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 project or projects 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 increased 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

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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 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, unless the Authority, by appropriate resolution, shall direct the use of such surplus for some other project. 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 of 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 officer or agents 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 incidents 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 provision 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 interEOsts 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 tha trust agreement hereinafter mentioned securing the same.
Prior to ths preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts or 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

WEDNESDAY, DECEMBER 2, 1953

.1399

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 bonds issued pursuant to the authority 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 .A.ct, or to establish and collect such charges and tolls as may be convenient or necessary to produce sufficient revenue to meet the expense 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 interest thereon, are fully paid and discharged.

SECTION 10.
(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 nine of this Act) may pledge o'r assign tolls or other revenues to which the 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 project 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 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 '!!he 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 dee~ reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement may be treated as a part of the cost of the operation of the project or projects.
Any pledge of tolls or other revenues or other moneys by the
Authority shall be valid and binding from the time when the pledge

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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 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 11.
(Revenues). The Authority is hereby authorized to fix, revise, charge and collect tolls for the use of each 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 line, 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 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 12.
(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, and shall not inure to the private profit or gain of the Authority, or any member thereof. 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 13.
(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, except to the extent the rights herein given may be restricted by such trust agreement, may, by civil action or proceeding at law or in equity, 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

WEDNESDAY, DECEMBER 2, 1953

1401

the Authority or by any officer thereof, including the fixing, charging and collecting of tolls. The remedy in equity o:C any holder of bonds shall include the remedy of application for a receiver as provided by Section 8 of the act of the General Assembly approved March 31, 1937, known as the Revenue Certificate Law (Ga. Laws 1937, pp. 761, 767).

SECTION 14.

(Exemption from taxation). All property of the Authority shall be held and deemed to be public property within the meaning of Article VII, Section I, Paragraph IV of the Constitution of Georgia, and shall not be used for the purpose of private or corporate profit and income, but for the purposes provided by this Act.

The exercise 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 com-

..

merce and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of projects by

the Authority will constitute the performance of essential governmental

functions, the Authority shall not be required to pay any taxes or assess-

ments upon any project or any property acquired or used by the Author-

ity under the provisions of this Act or upon the income therefrom, and

any 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 15.
(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 subdivisions of this State, their officers, boards, commissions, departments or other agencies, all banks, bankers, savings banks, .trust companies, saving 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 or may 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 authorized by law.

SECTION 16.
(Miscellaneous). Each 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, tolltakers and other operating employees as the Authority may in its discretion employ.
All counties, cities, towns, villages, and other politi,.al subdivisions

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and all public departments, agencies and commissions 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 or 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 day 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 the cost of construction or of operation of the project.
Any member, agent or employee of the Authority who is interested, 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.
All motor common carriers that now hold certificates authorizing them to operate over the public highways of this State that will parallel a turnpike herein authorized are hereby granted the right to operate their vehicles upon and over said turnpike under their present certificates upon compliance with the payment of the required tolls.
SECTION 17.
(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 by the Authority, for the additional purpose of constructing improvements, extensions, or enlargements of the 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 bonds, 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.

WEDNESDAY, DECEMBER 2, 1953

1403

SECTION 18.
(Cessation of tolls). When all bonds issued under the provisions of this Act to finance any 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 toll.

SECTION 19.
(Preliminary and other expenses). The State Highway Department is hereby authorized in its discretion to expend out of any funds available for the purpose such moneys as may be necessary for the study of any 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 additional engineering and traffic and other expert studies as it may deem expedient, and all such expenses incurred by the department shall be paid by the department and charged to the appropriate project or projects, and the department shall keep proper records and accounts showing each amount so charged. Upon the sale of revenue bonds for any 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 proceeds 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 Se:t;Vices 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.
The Authority is also authorized to reimburse the State Highway Department the amounts of money heretofore advanced by .the State Highway Department for preliminary engineering and traffic studies and investigations and reports with respect to the turnpike heretofore contemplated between Cartersville and the Tennessee line under the provisions of the Georgia Turnpike Authority Act No. 927 Georgia Laws of 1952, approved February 15, 1952, and such reimbursement may be made from the proceeds of sale of revenue bonds for the first project or subsequent projects determined upon by the Authority under the provisions of this Act.

SECTION 20.
(Additional method). The foregoing sections of this Act shall be deemed to provide as 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 revenue bonds or refunding bonds under the pro-

1404

JOURNAL OF THE HOUSE,
visions of this Act need not comply with the requirements of any other law applicable to the issuance of bonds, except as hereinafter provided.
SECTION 21.
(Validation). Bonds of the Authority shall be confirmed and validated in accordance with the procedure provided by the Revenue Certificate Act approved March 31, 1937 (Ga. Laws 1937 p. 761) as amended, and as embodied in Annotated Code of Georgia Sections 87-8. All such validation proceedings shall be brought in the Superior Court of Fulton County.
SECTION 22.
(Venue and jurisdiction). Any action brought to protect or enforce any rights under the provisions of this Act, brought in the courts of this State, shall be brought in the Superior Court of Fulton County.
Any question as to the validity or legal effect of this Act or any section or part thereof may be settled by a suit for declaratory judgment brought in the Superior Court of Fulton County by the Attorney General on behalf of the State or on behalf of the State Highway Department, upon order of the Governor, against the Authority. The authority conferred upon the State Highway Department by this Act and the duties required of that department shall sufficiently evidence an actual controversy to support such an action. In any such case either party may appeal from any adverse decision as now provided by law. The remedy afforded by this section shall be cumulative, and not exclusive, of other existing remedies.
SECTION 23.
(Liberal construction). This Act, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purpose thereof.
SECTION 24.
(Effective date). This Act shall become law upon its passage and approval by the Governor. But, no project may be initiated nor any funds expended except those provided by Section 19 herein except, upon a formal proclamation by the Governor that such project is feasible and is necessary to avoid the loss of tourist traffic to and through the State of Georgia by reason of contemplated construction of turnpikes and bridges by adjoining states.
SECTION 25.
(Severability). If any provisions 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 26.
All other general or special laws, or parts thereof, inconsistent

WEDNESDAY, DECEMBER 2, 1953

1405

herewith are hereby declared to be inapplicable to the provisions of this Act; and all laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

SECTION 27.
This Act shall be known as and may be cited as the "Georgia Turnpike Authority Act."

SECTION 28.
And be it further enacted that the Georgia Turnpike Authority Act No. 927 Georgia Laws 1952 approved February 15, 1952,. be and the same is hereby repealed.

Mr. Tumlin of Bartow -moved that further consideration of HB 794 be postponed indefinitely.
On the motion, the ayes 56, nays 77.
The motion -to postpone indefinitely was lost.
Mr. Lavender of Elbert moved that further consideration of HB 794 be postponed until tomorrow morning, and the motion was lost.
Mr. Groover of Bibb moved that HB 794 be recommitted to the Committee on State of the Republic for further study.
On the motion, the ayes were 70, nays 81.
The motion to recommit was lost.
Mr. Smith of Emanuel moved the previous question.
Mr. Groover of Bibb moved that HB 794 be tabled.
On the motion to table, the ayes were 55, nays 93.
The motion to table was lost.
Mr. Smith of Emanuel withdrew his motion for the previous question.
The Speaker ordered the previous question.
The following amendments to the substitute to HB 794 were read and adopted:
Mr. Groover of Bibb moves to amend the substitute to HB 794 by striking in Section 7 all after the second paragraph thereof and inserting in lieu thereof the following: "The said Authority in the exercise of the power of eminent domain shall follow the same procedure as now authorized by law for the condemnation of land for public highways except the right of way will be limited to 350 feet.
Mr. Groover of Bibb moves to amend the Substitute to HB 794 by changing the period at the end of the first paragraph of Section 22 to a semi-colon and adding thereto the following: "Provided, however, except in cases to validate bonds issued hereunder, all actions brought by or in the name of the Authority against a resident or residents of this State shall be brought in the county of the residence of the defendant or of either of them."

1406

JOURNAL OF THE HOUSE,
Mr. Kemp of Clayton moves to amend Section 7 of HB 794 (Committee Substitute) by adding the following: "In the event any existing 4-lane roads now in existence in the State are incorporated and made a part of any toll road constructed under this Act, the owners of property adjacent to such 4-lane road shall be considered as property owners and before the State Highway Department shall turn over said road, the said Authority shall acquire by lease, purchase, or eminent domain such adjoining property as provided by this Act."
Mr. Groover of Bibb moves to amend the substitute to HB 794 as follows: by striking the semi-colon at the end of subsection (d) in Section 5 and adding at the end thereof the following: "in like manner and on like causes of actions as private corporations;".
Mr. Gowen of Glynn moves to amend Section 22 by adding to said section the following: "Provided however that the Authority shall be subject to suit in any county in which any part of a turnpike is constructed to the same extent as any other corporation doing business in such county."
Mr. Greer of Lanier moves to amend the substitute to HB 794 by adding to Section 4 the following: "Provided further that this Authority will in no case have the authority to include in any toll road any 'existing four lane highway, or any part thereof, now on the state highway system."
Mr. Gowen of Glynn moves to amend the substitute to HB 794 by adding to sub-section (m) of Section 5 the following: "upon plans and specifications approved by the State Highway Department or its' successors in office". And further moves to amend the substitute by adding to sub-section (f) of Section 5 the following: "provided all revenue bonds or revenue obligations issued under this Act shall be sold by public competitive bids".
Mr. ~arris of Bibb moves to amend HB 794 (substitute) by strikin Section 11 in its entirety and inserting in lieu thereof the following: "The Authority is hereby authorized to fix, revise, charge and collect tolls for the use of each project and the different parts or sections thereof, and after publicly advertising for bids, upon acceptance of the highest and best bid, 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; 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 responsible parties, and having complied with the requirements of public advertisement for bids as set out in this section above and such bids shall be received on each and every separate establishment. Such

WEDNESDAY, DECEMBER 2, 1953

1407

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.

An amendment offered by Mr. Sheffield of Brooks was read and lost.
An amendment offered by Mr. Conger of Decatur was read and lost.
An amendment offered by Mr. Conger of Decatur was read and lost.
An amendment offered by Mr. Conger of Decatur was ruled out of order.
An amendment offered by Mr. Conger of Decatur was read and withdrawn.
An amendment offered by Mr. Conger of Decatur was read and lost.
The following amendment was read:
Mr. Harrison of Wayne moves to amend the substitute to HB 794 by adding a new section to be numbered appropriately and to read as follows: "This Act shall not become effective until it has been voted for by a majority of the voters voting in the next general election."

On the adoption of the amendment, Mr. Harrison of Wayne 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 Adams of Evans Adams of Upson Ayers Barber of Jackson Bell Best Bloodworth Brantley Britton Brown Buie Campbell of Walker Chastain Cheatham Cloud Conger Cowart Cummings Deen of Bacon
Edenfield Floyd Fowler Frier

Gowen Green of Baldwin Grimsley
Hale Hamilton Harper Harris Harrison of Wayne Holloway Hopkins Horne Ingle Jordan of Gwinnett Kemp King Lanier Lewis Little McKenna
Mauldin Mobley Murphey of Crawford Murphy of Haralson Murr

Musgrove Nightingale Parker Peacock Register Russell Scoggin Sipple of Chatham Sivell Smiley Stewart Strickland Swindle
Tallant Trapnell Tumlin Turk Upshaw Veal Weems
White Whitener Williams of Bulloch Willis

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JOURNAL OF THE HOUSE,

Those voting in the nagative were Messrs.:

Alexander Barrett Baughman Bentley Birdsong Black Blackburn Blalock Boggus
Bolton Brannen Bray Brazeal Brooks Byrd Callier Campbell of Oconee Carswell Clark Clary Coffin Connell Coogle
Cornelius Dean of Towns Denton Dews Drinkard Dunaway Duncan Durham Edwards Flynt
Foster Gardner Garrard Geer Gillis

Goodson Graham Green of Rabun Greer Groover of Bibb Groover of Troup Gunter Hall Harrell Hayes Henderson Hicks Hodges Holley Hollis Holton Hughes Hurst Ivey
Jackson Jessup Johnson Jones of Worth Jordan of Wheeler Key
Land Layton Lokey
Lovett McCracken McGarity McWhorter Martin Matheson Matthews Mishoe Moate Moore of Pickens

Moore of White Moses Moye Mull Otwell Perkins
Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Rowland Rutland Sheffield Short Smith of Cobb Smith of Emanuel Hoke Smith of Fulton Stephens of Clarke Stocks Tamplin Tarbutton Tarpley
Terrell Todd Turner Twitty Ursrey Walker Wardlow Wiggins Williams of Tift Willingham Wooten Young

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

On the adoption of the amendment, the ayes were 72, nays 112.

The amendment was lost.

The substitute to HB 794, as amended, was adopted.

The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.

On the passage of the bill, by substitute, as amended, Mr. Tumlin of Bartow moved the ayes and nays and the call was not sustained.

On the passage of the bill, by substitute, as amended, the ayes were 122, nays 37.

The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

WEDNESDAY, DECEMBER 2, 1953

1409

Messrs. Tumlin of Bartow and Buie of Camden requested that the Journal show them as having voted against the passage of HB 794.
Mr. Twitty of Mitchell moved that the House do now recess until 2:15 o'clock this afternoon and the motion prevailed.
The Speaker announced the House recessed until 2:15 o'clock this afternoon.
AFTERNOON SESSION The Speaker called the House to order. The following resolution of the Senate was read and adopted:

SR 94. By Senators Carlisle of the 51st and Edenfield of the 4th: A Resolution providing for the acceptance of a portrait of United States Senator Richard B. Russell, 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 279-88lb. By Mr. Smith of Emanuel: A Resolution compensating Mrs. Gladstone Barber for damages, and for other purposes.
The following committee amendment was read and adopted: The Committee on Special Appropriations moves to amend HR 27988lb to change the figure $5,000.00 for compensation to $1,000.00.
The report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.
On the adoption of the resolution, as amended, the ayes were 110, nays 0.
The .resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 278-88la. By Mr. Smith of Emanuel:
A Resolution compensating Mrs. Joan Howell Hicks for the death of her father, Eugene William Howell, and for other purposes.
The ;(ollowing committee amendment was read and adopted:
The Committee on Special Appropriations moves to amend HR 278-88la so as to change the figures $5,000.00 to $500.00.

The report of the committee, 'which was favorable to the adoption of the resolution, as amended, was agreed to.
On the adoption of the resolution, as amended, the ayes were 106, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

1410

JOURNAL OF THE HOUSE,

HR 118-362g. By Messrs. Adams and Brantley of Upson:
A Resolution compensating Mr. Claude L. Everett of the Georgia State Patrol for injuries, and for other purposes.
The following amendment was read and adopted:
Mr. Adams of Upson moves to amend HR 118-362g by striking all after the word "concurring" in the last paragraph and substituting therefor the following: "that the Georgia Department of Public Safety is hereby ordered and directed to pay to Claude L. Everett the sum of $3,500.00 as compensation for injuries as set out above, said sum shall be paid by the Georgia Department of Public Safety from funds appropriated to or available to said department."

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 104, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 224-743j. By Mr. Moses of Montgomery:
A Resolution compensating Trooper Moses of the Georgia State Patrol for injuries, 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 219-743e. By Messrs. Tarbutton and Moye of Washington:
A Resolution naming State Highway 102 as the Bolden S. Cobb 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.

HR 39-202a. By Mr. Matthews of Clarke:
A Resolution compensating Mr. J. B. Polk for damages, 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.

WEDNESDAY, DECEMBER 2, 1953

1411

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

HR 176-628a. By Mr. Matthews of Clarke:
A Resolution relieving the principal and security on a certain 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 106, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 226-743L. By Mr. Moore of Pickens:
A Resolution compensating Corporal Crawford Lee Bitt of the Georgia State Patrol, for injuries, 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 92-299a. By the Clerk's Office: A Resolution compensating Mrs. W. J. Gallemore and Judge J. R. Wimberly for damages, 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 233-743s. By Dr. Mishoe of Tattnall: A Resolution compensating Corporal J. W. Beasley of the Georgia State Patrol for injuries, 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 231-743q. By Mr. McWhorter of DeKalb: A Resolution compensating Mr. Roy A. Pert for damages, and for other
purposes.

1412

JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 109, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 275-867c. By Mr. Wardlow of Turner:
A Resolution compensating Mr. Henry C. Hill for injuries, 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 221-743g. By Mr. Smith of Emanuel:
A Resolution compensating Trooper L. W. Boatwright of the Georgia State Patrol for injuries, 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.

HR 71-262k. By the Clerk's Office:
A Resolution compensating Mr. James Taylor and Mr. Lamar Shiflett for injuries, 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.

HB 877. By Mr. Barber of Colquitt:
A Bill to be entitled an Act to authorize the payment of expenses incurred by members of the Georgia State Patrol and the Bureau of Investigation as a result of injuries received in line of duty, and for other purposes.

The report of the committee, which was favorable to tbe passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.

WEDNESDAY, DECEMBER 2, 1963

1413

The bill, having received the requisite constitutional majority, was passed.

HB 892. By Messrs. Green and Parker of Baldwin and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act so as to provide that a petition for restoration of sanity may be brought while the person is still in the Milledgeville State Hospital, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, naya 1.
The bill, having received the requisite constitutional majority, was passed.

HB 960. By Messrs. Hand and Twitty of Mitchell and others:
A Bill to be entitled an Act to provide for the issuance of special license plates to members of the Georgia National Guard, and for other purposes.

The report 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.

HB 936. By Messrs. Jackson of Jones and Chastain of Thomas:
A Bill to be entitled an Act to provide for the periodic examination of inmates of the Milledgeville State Hospital, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 663. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act relating to bonds given by State depositories, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 886. By Mr. Dunaway of Polk:
A Bill to be entitled an Act to provide for a statute making it a misdemeanor to contribute to the delinquency of a minor, and for other purposes.

1414

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.
The following resolutions of the House were read and adopted:

HR 333. By Mr. Matthews of Clarke:
WHEREAS, Alfred H. Holbrook, founder and organizer of the Georgia Museum of Art at the University of Georgia, has rendered notable services to the people of the State of Georgia, to the cause of education in general, and to the advancement of the Department of Art at the University of Georgia in particular, and
WHEREAS, It has been made known to us that through his lectures throughout the State of Georgia and in various parts of the Southland he has played an inspiring part in producing wide acclaim of the University of Georgia as an art center, and
WHEREAS, Inspired by motives of the most generous and lofty sentiment, he has brought imperishable fame to the University of Georgia through the gift of a collection of paintings known as The Eva Underhill Holbrook Memorial Collection, and
WHEREAS, We perceive that, having been animated by a most agreeable and significant affection for the Southern life, this great and successful attorney from the City of New York has come to make his home among us,
NOW, THEREFORE, BE IT RESOLVED, That we profess ourselves happy in the event and acknowledge with deepest gratitude his most laudable services.

HR 334. By Messrs. Matheson of Hart, Ayers of Madison, and others:

A RESOLUTION
Expressing sympathy to Representative J. Weldon Williams.
WHEREAS, Honorable J. Weldon Williams, Sr., a honored and revered citizen of Franklin County is a member of this General Assembly from said county; and
WHEREAS, on November 30, Honorable J. Weldon Williams was taken ill and rendered unable to attend to the grave duties of State confronting this body,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING, that the sympathy of this General Assembly be extended to Honorable J. Weldon Williams and his family to the end that a speedy recovery shall be forthcoming.
BE IT FURTHER RESOLVED, that a copy of these presents be forwarded to the Honorable J. Weldon Williams, Representative, aforesaid.

WEDNESDAY, DECEMBER 2, 1953

1415

HR 335. By Messrs. Dews of Calhoun and Campbell of Oconee:

A RESOLUTION
Commending and expressing gratitude and appreciation for the complimentary passes distributed to members of the General Assembly by Atlanta theaters.
WHEREAS, it has been the custom of certain theaters in the City of Atlanta to provide members of the General Assembly with complimentary passes to performances at said theaters; and
WHEREAS, the management of the Loew's Grand, Rialto, Fox, Paramount and Roxy Theaters have continued this custom by furnishing such complimentary passes to the members of this General Assembly now in session; and
WHEREAS, the members of the General Assembly have been pleased to accept the same and to enjoy the entertainment provided by such theaters, which has contributed to the relaxation and amusement of members of this body and as a diversion to them from the labors of their office;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that the proprietors of the Loew's Grand, Rialto, Fox, Paramount and Roxy Theaters be commended for their action in providing this courtesy and that this body hereby express its gratitude and appreciation for the same.
BE IT FURTHER RESOLVED, that the Clerk be instructed to spread this resolution upon the journal of this House.

HR 336. By Mr. Matthews of Clarke:
WHEREAS, one of the great needs of Georgia is for better and more adequate programs of continuing education for its citizens and particularly for its adult citizens who have completed their formal schooling, and
WHEREAS, The University of Georgia in Athens is one of the institutions of the University System of Georgia that have placed great emphasis on the development of programs of continuing education, and
WHEREAS, in furtherance of its purpose to develop outstanding programs of this type, the University of Georgia recently applied to the Kellogg Foundation of Battle Creek, Michigan, for a grant of funds, and
WHEREAS, the Kellogg Foundation on November 17, 1953, made a grant of $2,144,000.00 to the University of Georgia for the development of programs of continning education, and
WHEREAS, said grant was made upon the condition that the University of Georgia would match the grant with ~1,900,000.00 to be used for similar purposes, and
WHEREAS, The University has been able to provide $300,000.00 from accumulated earnings of its Division of General Extension and from other internal funds of the institution, and
WHEREAS, Governor Herman E. Talmadge, recognizing the great

J416

JOURNAL OF THE HOUSE,

value of such programs to the people of Georgia, has provided the University with the additional $1,600,000.00 needed to meet the terms of the grant by the Kellogg Foundation, and

WHEREAS, the proceeds of the Kellogg Foundation grant and the matching State funds will be used in the following manner:

1. $2,190,000.00 for the construction of an Adult Education Center in Athens,

2. $1,000,000.00 for the completion of the 4-H Club Center at Rock Eagle Lake near Eatonton,

3. $400,000.00 for an Educational Film Production Laboratory, Educational Television Station and Communications Center on the University campus in Athens,

4. $454,000.00 for salaries of skilled personnel to operate the Center until it becomes self-supporting,

and
WHEREAS, these expenditures will provide the State of Georgia with the outstanding center of adult education in the nation and the finest and best equipped 4-H Club camp in the country, and

WHEREAS, the work of these centers will contribute immeasurably to the intellectual and cultural progress of the people of Georgia and to their economic progress,

NOW, THEREFORE, BE IT RESOLVED by the General Assembly of the State of Georgia

1. That the General Assembly commends the University of Georgia, its officials, faculty members, and governing board for their vision and for their indefatigable efforts to bring about the establishment of a comprehensive and well-planned program of continuing education.

2. That the General Assembly expresses to the Board of Trustees of the Kellogg Foundation, to Dr. Emory W. Morris, the President of the Foundation, and to Dr. Hugh B. Masters, Director of the Division of Education of the Foundation, its profound gratitude for the magnificent grant that they have made to the University of Georgia and for the service that they have rendered to the people of Georgia.

3. That the General Assembly expresses its deep appreciation to

Mr. J. P. Nicholson, a former member of the staff of the University of

Georgia, for his successful efforts to interest the Kellogg Foundation in

the University of Georgia as the logical place for the establishment of a

great center for continuing education.



4. That the General Assembly commends Governor Herman E.

Talmadge for the interest that he has manifested in the establishment

of centers for the continuing education of our people and for the 4-H

Club boys and girls of Georgia.



5. That the General Assembly expresses to Governor Talmadge its deep appreciation of his decision to make possible the establishment of these centers by providing State funds with which to match the grant of the Kellogg Foundation and thanks him for this further contribution that he has made to the development of an outstanding program of public
education in Georgia.

WEDNESDAY, DECEMBER 2, 1963

1417

HR 337; By Messrs. Matthews and Stephens of Clarke:

A RESOLUTION
WHEREAS: The present Administration has recognized the great need for restoring and preserving the paintings of famous men of the State of Georgia; and
WHEREAS: The work was placed under the supervision of the Secretary of State of Georgia; and
WHEREAS: The work of restoration and preservation was commissioned to a Georgia firm whose personnel has done an outstanding job in discharging its duties,
THEREFORE, BE IT.RESOLVED by the House of Representatives as follows:
That the Governor and the Secretary of State be commended for foreseeing the need for restoration and preservation of these portraits; and
That John P. Bondurant, Walter Frobos, Russell McRae, Margery Long, Richard Stringer, and Arthur Veai, as officers and employees of the Athens Lumber Company, Athens, Georgia, be commended for a job well done; and
That a copy of this Resolution be transmitted to. the persons concerned.

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 tomorrow morning at 10:00 o'clock.

1418

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Thursday, December 3, 1953.

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 Reverend B. C. Matteson, Retired Methodist Minister, Washington, Georgia.

By unanimous consent, the roll call was dispensed with.

Mr. Garrard of Wilkes, 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. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 read the first time and referred to the committees :

FIRST READERS IN HOUSE Thursday, December 3, 1953

HB 1033. By Mr. Deen of Bacon:
A Bill to be entitled an Act to provide additional compensation for the Sheriff of Bacon County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1034. By Messrs. Hall of Floyd, Hand of Mitchell, Rutland of DeKalb, Gowen of Glynn, Bodenhamer of Tift and Lovett of Laurens:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education Act, so as to provide that in the

THURSDAY, DECEMBER 3, 1953

1419

calculation of the local financial ability the State school tax digest for the 1952 shall be the maximum amount hereafter employed in such calculation, and for other purposes.
Referred to the Committee on Education # 1.

HB 1035. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to create a traffic court for the City of Atlanta, giving to said court jurisdiction to try offenses against the traffic laws, etc., and for other purposes.
Referred to the Committee on Municipal Government.

HR 339-1035a. By Messrs. Green and Parker of Baldwin:
A Resolution to compensate Mr. F. E. Blasingame, and for other purposes.
Referred to the Committee on Special Appropriations.

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 Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 320-1015b. Do Pass.
HR 308-985c. Do Pass.
HR 317-1005a. Do Pass as amended.
HR 322-1015d. Do Pass.
'Respectfully submitted,
Freeman of Monroe,
Chairman.

Mr. Gowen 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 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 330-1024a. Do Pass. Respectfully submitted, Gowen of Glynn, Chairman.

1420

JOURNAL OF THE HOUSE,

Mr. Lavender of Elbert 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 1018. Do Pass. HB 1028. Do Pass. HB 1030. Do Pass. HB 1024. Do Pass. HB 964. Do Pass by substitute. HB 979. Do Pass by substitute.
Respectfully submitted,
Lavender of Elbert,
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 House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 326-1015h. Do Pass.
SB 196. Do Pass.
Respectfully submitted,
Campbell of Oconee,
Chairman.

Mr. Williams of Bulloch 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 sarne back to the House with the following recommendations:

HB 639. Do Not Pass.

HB 945. Do Pass.

Respectfully submitted,

Williams of Bulloch,

Chairman.

THURSDAY, DECEMBER 3, 1953

1421

Mr. Jones of Lumpkin 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 recommendation:
HB 1011. Do Pass.
Respectfully submitted,
Jones of Lumpkin,
Chairman.

Mr. Turner of DeKalb 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 Chairman, to report tbe same back to the House with the following recommendations:
HB 1032. Do Pass. HB 1031. Do Pass. HB 1029. Do Pass. HB 1022. Do Pass. HB 1016. Do Pass. HB 1023. Do Pass. HB 1027. Do Pass. HB 1012. Do Pass. HB 1021. Do Pass. HB 1017. Do Pass. HB 1014. Do Pass. HB 1015. Do Pass.
Respectfully submitted, Turner of DeKalb, Vice-Chairman.

Mr. Coogle of Macon County, Chairman of the Committee on Public Libraries, submitted the following report:
Mr. Speaker:
Your Committee on Public Libraries 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:

1422

JOURNAL OF THE HOUSE,

SR 78. Do Pass. HR 329-1022a. Do Pass. HR 290-916e. Do Pass.

Respectfully submitted, Coogle of Macon, Chairman.

Mr. Coffin of Schley County, Chairman of the Committee on Public Utilities, submitted the following report:

Mr. Speaker:

Your Committee on Public Utilities 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 recommendation:

HR 310-1001a. Do Pass.

Respectfully submitted,

Coffin of Schley,

Chairman.

Mr. Barber of Colquitt 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 and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 325-1015g. Do Pass.
HR 42-202d. Do Not Pass.
Respectfully submitted,
Barber of Colquitt,
Chairman.

Mr. Brooks of Oglethorpe 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 851. Do Pass by substitute.

HB 918. Do Pass.

Respectfully submitted,

Brooks of Oglethorpe,

Chairman.

THURSDAY, DECEMBER 3, 1953

1423

Mr. Brooks of Oglethorpe 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 889. Do Pass.
HB 845. Do Pass.
HB 925. Do Pass. Respectfully submitted,
Brooks of Oglethorpe,
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 bas instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 581. Do Pass.
HB 847. Do Pass.
HR 314-1001e. Do Pass.
SB 191. 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 majority
the following bills and resolutions of the House to wit:
HB 676. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Ray of Warren:
A Bill to be entitled an Act to create an agency of the State known as Georgia Forest Research Council, and for other purposes.
HR 165. By Mr. Deen of Bacon:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Bacon County certain law books, and for other purposes.

1424

JOURNAL OF THE HOUSE,

HB 733. By Mr. Boggus of Ben Hill:
A Bill to amend an Act so as to vest in the City of Fitzgerald the right of eminent domain, and for other purposes.

HB 863. By Messrs. Turner, Rutland and McWhorer of DeKalb:
A Bill to create a system of pensions and retirement pay for officers and employees of DeKalb 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 resolutions of the Senate and House to wit:

SB 179. By Senators Edenfield of the 4th and Carlisle of the 51st:
A Bill to amend an Act providing for the coverage of certain persons under the old-age and survivors insurance provisions of the Federal
Social Security Act, approved February 21, 1951 (Ga. Laws 1951, r
457), as amended by an Act approved Feb. 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 253), so as to provide for the withholding of funds in the event a county governing authority fails to collect and remit contributions; to repeal conflicting laws, and for other purposes.

SB 198. By Senators Kennedy of the 47th, Cates of the 17th and Rogers of the 37th:
A Bill to amend Section 77-391 of the Code of Georgia, relating to the assignment of prisoners to camps and other places of detention by the Director of Corrections, etc., to provide that no prisoner convicted of a crime involving sexual perversion shall be allowed to become a trusty, and for other purposes.
SB 202. By Senator Stoddard of the 50th:
A Bill to amend Chapter 39-11 of the Code by increasing the rate for legal advertising from $1.00 per hundred words to $1.50 per hundred words; to provide any newspaper to qualify as the official organ must have 85% of its circulation as paid circulation, and for other purposes.
SB 217. By Senators Browning of the 2nd, Ramsey of the 1st and Coker of the 39th:
A Bill vesting in the State Highway Board exclusive authority for the direction and maintenance of road markers, direction signs, etc., on lands adjacent to the State-aid System of Roads as well as on rights of way thereof; to repeal conflicting laws, and for other purposes.
SB 224. By Senator Campbell of the 31st:
A Bill to prohibit policemen in the employ of any city or county of the State of Ga. from joining or belonging to a labor union; to declare it against the public policy of the State for peace officers to belong to labor unions; to provide penalties, and for other purposes.

THURSDAY, DECEMBER 3, 1953

1425

SB 225. By Senator Millican of the 52nd:
A Bill to amend the Pension Act of the City of Atlanta to provide that if the city ceases to have a treasurer, the chairman of the finance committee, or chairman of a similar committee, shall be a member of the Board of Trustees, and for other purposes.

SB 226. By Senator Millican of the 52nd:
A Bill to amend the Act to provide pensions for the police department of the City of Atlanta, to provide that if the city ceases to have a treasurer, the chairman of the finance, or chairman of a similar committee, shall be a member of the Board of Trustees, and for other purposes.
SB 227. By Senator Millican of the 52nd:
A Bill to amend an Act to provide that cities having a population of more than 150,000 by the United States Census of 1920 and any subsequent census shall furnish aid, relief and pensions to members of paid fire departments and for other purposes; so as to provide that if such city shall cease to have a treasurer, the chairman of the finance committee shall be a member of the board of trustees, and for other purposes.

SB 230. By Senator Wilkes of the 53rd:
A Bill to amend an Act creating a new charter for the City of Adel, Georgia, approved July 29, 1919 (Ga. Laws 1919, p. 729-811), as amended, so as to redefine and enlarge the corporate limits of said city; to repeal conflicting laws, and for other purposes.

SR 85. By Senator Coker of the 39th:
A Resolution proposing an amendment to Article VIII, Section V, Paragraph I of the Constitution to provide for merger of the Canton Independent School System and the Cherokee County School System, and for other purposes.

SR 87. By Senator Millican of the 52nd:
A Resolution proposing an amandment to Article VI, Section IX, Paragraph I of the Constitution of the State of Georgia of 1945 so as to extend jurisdiction of the police court of the City of Atlanta so as to authorize it to try violations of the traffic laws of the State.
SR 92. By Senator Hawes of the 29th:
A Resolution authorizing and directing the State Librarian to furnish to the Ordinary of McDuffie County, without cost to said county, certain law books, and for other purposes.

SB 231. By Senator Millican of the 52nd:
A Bill to amend the income tax laws of the State so as to provide that State Revenue Commissioner shall not be required to request the taxpayer to comply with the income tax laws, and for other purposes.

1426

JOURNAL OF THE HOUSE,

HB 667. By Messrs. Harper and Bolton of Spalding and Hand of Mitchell:
A Bill to amend an Act establishing a retirement system for certain teachers in the public and State-supported schools, so as to make certain changes regarding service retirement benefits, and for other purposes.

HB 749. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and others:
A Bill to amend an Act entitled, "An Act to authorize and direct the Board of Regents of the University System of Georgia to construct and operate a hospital for the indigent sick or near indigent sick in conjunction with the State Medical College, and for other purposes.

HR 328. By Messrs. Twitty and Hand of Mitchell, Ray of Warren, Smith of Emanuel and others:
A Resolution expressing thanks to Colonel Blake Van Leer and associates, and Honorable M. Muggsy Smith for kindness and hospitality.

HR 249. By Messrs. Watson and Gardner of Dougherty:
A Resolution confirming a deed by the Governor of Georgia, acting for the State of Georgia, to the City of Albany of certain property in Cheehaw State Park, and for other purposes.

HR 142. By Mr. Moore of White:
A Resolution to designate the State park now owned by the State and operated as a park in White County as the Unicoi State Park, and for other purposes.

HB 765. By Messrs. Hollis, Young and Pickard of Muscogee:
A Bill to ratify and confirm deed of conveyance in the Office of the Clerk of the Superior Court of Muscogee County, and for other purposes.

HB 768. By Mr. lvey of Newton:
A Bill to amend an act entitled "An Act to create a new charter for the town of Oxford, and for other purposes.

HB 786. By Mr. Watson of Dougherty:
A Bill to amend an Act to establish the City Court of Albany in and for the County of Dougherty so as to provide for pre-trial conferences in said court, and for other purposes.

HB 806. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to amend an act entitled "An Act to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Superior Court", and for other purposes.

HB 807. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to provide a pension and/or retirement plan and fund for certain employees and officers of Bibb County, and for other purposes.

THURSDAY, DECEMBER 3, 1953

1427

HB 809. By Messrs. Gunter and Terrell of Hall:
A Bill to amend the charter of the City of Gainesville, by providing that the Commissioners of the City of Gainesville shall receive compensation for their services as such, and for other purposes.

HB 811. By Messrs. Greer of Lanier, Musgrove of Clinch and others:
A Bill to amend an Act entitled "An Act to amend Section 24-3104 of the Code of Georgia relating to the compensation of court reporters in reporting criminal cases; to provide a salary for the official reporter of the Alapaha Judicial Circuit, and for other purposes.

HB 812, By Mr. Lavender of Elbert:
A Bill to consolidate the two school systems in Elbert County and that of the County at large and that of the City of Elberton, and for other purposes.
HB 813. By Mr. Lavender of Elbert:
A Bill to authorize the County Commissioner of Elbert County to pay, in his discretion, a sum not to exceed $100.00 per month to the Sheriff of said County, and for other purposes.
HB 814. By Mr. Phillips of Walton:
A Bill to amend an Act incorporating the Academy of Social Circle in the City of Social Circle, so as to remove the prohibition against the County of Walton from establishing any other school system within Social .Circle, and for other purposes.
HB 815. By Mr. Layton of Irwin:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Irwin, and for other purposes.
HB 816. By Messrs. Holton and Hayes of Coffee:
A Bill to amend an Act creating the office of Commissioners of Roads and Revenue in the County of Coffee, and for other purposes.

HB 817. By Mr. Green of Baldwin:
A Bill to amend an Act creating county courts in certain designated counties, so as to provide that in the County of Baldwin the Sheriff and ex-officio Clerk of the County Court shall receive the same fees for the performance of their duties in all criminal cases; etc., and for other purposes.

HB 819. By Messrs. Willis and Chastain of Thomas:
A Bill to amend the Charter of the City of Pavo; to provide a change in the ad valorem rate from one and one-fourth percent to two percent, and for other purposes.

1428

JOURNAL OF THE HOUSE,

HB 821. By Mr. Phillips of Walton:
A Bill to amend an Act creating a new charter for the City of Monroe, relating to polls, etc., and for other purposes.

HB 822. By Mr. Stevens of Marion:
A Bill to provide for the terms of the Superior Court in Marion County, and for other purposes.

HB 824. By Mr. Phillips of Walton:
A Bill to amend an Act creating a new charter for the City of Monroe, annexing territory to the City of Monroe, and for other purposes.

HB 828. By Mr. Lewis of Greene:
A Bill to consolidate the offices of Tax Receiver and Tax Collector of Greene County into the office of Tax Commissioner of Greene County, and for other purposes.

HB 829. By Messrs. Rutl'and, Turner and McWhorter of DeKalb:
A Bill to repeal an Act to provide for the abolition and liquidation of Officers and Employees' Retirement System established by such Acts for the benefit of the officers and employees of DeKalb County, and for other purposes.

HB 830. By Mr. Strickland of Brantley:
A Bill to amend an Act incorporating the City of Nahunta, and for other purposes.

HB 831. By Mr. Lavender of Elbert: A Bill to amend ari Act providing for a charter for the City of Elberton, and for other purposes.
HB 834. By Mr. Hale of Dade: A Bill to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Dade County; and creating the office of Tax Commissioner, and for other purposes.
HB 835. By Mr. Lavender of Elbert: A Bill to amend an Act creating a Board of Commissioners for Elbert County, and for other purposes.
HB 836. By Messrs. Hicks, Scoggin and Hall of Floyd:
A Bill to provide for a supplement to the salary of the Judge of the Superior Court of the Rome Judicial Circuit, and for other purposes.
HB 838. By Messrs. Scoggin, Hicks and Hall of Floyd:
A Bill to amend the charter of the City of Rome; to define the corporate limits, and for other purposes.

THURSDAY, DECEMBER 3, 1953

1429

HB 839. By Messrs. Scoggin, Hicks and Hall of Floyd:
A Bill to amend an Act creating a new charter and municipal government for the City of Rome, by enlarging the present city boundaries and corporate limits by the annexation of certain described property adjacent to the present city limits, and for other purposes.

HB 840. By Messrs. Scoggin, Hicks and Hall of Floyd:
A Bill to amend an Act to create a new charter for the City of Rome; to define the rights and powers of the new municipality, and for other purposes.

HB 841. By Mr. Hicks of Floyd:
A Bill to amend an Act incorporating the City of Rome, and for other purposes.

HB 842. By Messrs. Scoggin, Hicks and Hall of Floyd:
A Bill to amend the Charter of the City of Rome; so as to give the City Commission authority to levy upon the monthly salary of every employee of the City, and for other purposes.

HB 857. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to amend an Act creating a new charter for the City of Smyrna, so as to provide for a Recorder's Court to replace the Mayor's Court, and for other purposes.

HB 859. By Mr. Ursrey of Jeff Davis:
A Bill to amend the Charter of the City of Hazelhurst, and for other purposes.

HB 860. By Messrs. Hicks, Hall and Scoggin of Floyd:
A Bill to provide for the compensation of the Judge of the City Court of Floyd County, and for other purposes.

HB 861. By Messrs. Hicks, Hall and Scoggin of Floyd:
A Bill to amend an Act entitled "An Act to create a new charter and municipal government for the City of Cave Springs, and for other purposes.

HB 864. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to amend an Act, so as to provide that the chief deputy clerk of the Superior Court shall be Administrative Officer of the Superior Court of Fulton County and so as to fix the minimum salary to be paid to said chief clerk for his services as such, and for other purposes.

HB 865. By Mr. Sivell of Harris: A Bill to provide for a bond for each of the County Commissioners of

i430

JOURNAL OF THE HOUSE,

Harris County and the Clerk of the Commissioners, and for other purposes.

HB 866. By Messrs. Chastain and Willis of Thomas:
A Bill to authorize any counties in this State having a population of not less than 33,900 and not more than 34,000, to establish and maintain a law library for the use of the Judges, Solicitors, and other officers of the Co.urts, and for other purposes.

HB 867. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to amend an Act incorporating the City of Powder Springs, and for other purposes.

HB 878. By Mr. Veal of Putnam:
A Bill to provide for the terms of the Superior Court of Putnam County, and for other purposes.

HB 879. By Mr. Otwell of Forsyth:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Forsyth County, and for other purposes.

HB 880. By Mr. Otwell of Forsyth:
A Bill to authorize the Board of Commissioners of Roads and Revenues of Forsyth County to create and establish restricted zones or districts, and for other purposes.

HB 881. By Mr. Coogle of Macon:
A Bill to amend an Act creating the City Court of Oglethorpe in County of Macon, and for other purposes.

HB 900. By Mr. Holloway of Gilmer:
A Bill to change the time for holding the Superior Court of Gilmer County, and for other purposes.

HB 903. By Mr. Rowland of Johnson:
A Bill to provide that the tax receiver in all counties of the State having a certain population shall be paid from ad valorem school tax collect for the county board of education a commission, and for other purposes.

HB 904. By Mr. McGarity of Henry:
A Bill to provide that in all counties having a certain population, to provide for a salary for the tax commissioner in said counties, and for other purposes.
HB 905. By Mr. Hurst of Quitman:
A Bill to amend an Act creating the Board of Roads and Revenues of Quitman County, and for other purposes.

THURSDAY, DECEMBER 3, 1953

1431

HB 911. By Messrs. Williams and Trapnell of Bulloch:
A Bill to provide for the composition of the boards of education in certain counties; to repeal conflicting laws, and for <'ther purposes.

H.B 914. By Mr. Swindle of Berrien:
A Bill to increase the salary of the Tax Commissioner of Berrien County, and for other purposes.

HB 916. By Mr. Johnson of Twiggs:
A Bill to repeal an Act creating a Board of Commissioners of Road and Revenues for Twiggs County, and for other purposes.

HR 245. By Messrs. Nightingale and Gowen of Glynn:
A Resolution to provide the Court of Ordinary of Glynn County certain enumerated volumes of the Georgia Supreme Court, and for other purposes.

HR 250. By Mr. Sivell of Harris:
A Resolution authorizing the sale by the State of a one-fourth undivided interest in a small tract of land located in Harris County, and for other purposes.

HB 695. By Messrs. Hollis, Young and Pickard of Muscogee:
A Bill to amend an Act creating the Muscogee County School District, and for other purposes.

HB 696. By Messrs. Hollis, Young and Pickard of Muscogee:
A Bill to amend an Act to establish a city court in the City of Columbus for Muscogee County, and for other purposes.

HB 697. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to amend an Act so as to increase the salary of the Solicitor General of the Chattahoochee Judicial Circuit, and for other purposes.

HB 709. By Messrs. Potts and Blalock of Coweta:
A Bill to amend an Act creating a new charter for the City of Newnan, so as to increase the corporate limits of the City of Newnan, and for other purposes.

HB 724. By Mr. Cummings. of Seminole:
A Bill to authorize and direct the Mayor and Council of the City of Donalsonville to close and vacate certain named streets in said city, and for other purposes.

HB 732. By Mr. Matheson of Hart: A Bill to provide in counties having a certain population, any person

1482

JOURNAL OF THE HOUSE,

charged with the offense of hunting or fishing without a license shall be allowed a plea of guilty in the court of Ordinary of such county, and for other purposes.

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

HB 581. By Messrs. Gardner of Dougherty, Pickard of Muscogee and Ray of Warren:
A Bill to be entitled an Act to create an engineering advisory board, and for other purposes.

HB 845. By Messrs. Bell of Richmond, Bodenhamer of Tift, and Barber of Jackson:
A Bill to be entitled an Act to amend the Code so as to change the penalty for furnishing liquor to minors, and for other purposes.

HB 847. By Mr. H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to authorize the Commissioner of Securities to waive the furnishing of certain information in a prospectus, and for other purposes.

HB 851. By Messrs. Gowen and Nightingale of Glynn and Foster of Clayton:
A Bill to be entitled an Act to amend the Code so as to make the provisions of the real estate law state-wide, and for other purposes.

HB 889. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to be known as the Fair Hearing Act, and for other purposes.

HB 918. By Messrs. Tallant of Cherokee, Mull of Fannin and others:
A Bill to be entitled an Act to amend an Act so as to provide for the reapportionment of the supplement paid to the judge of the superior courts of the Blue Ridge Circuit, and for other purposes.

HB 925. By Messrs. Hall, Hicks and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide for the microfilming of newspapers by the ordinary, and for other purposes.

HB 945. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to amend an Act relating to the registration of nurses, and for other purposes.

HB 1012. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act so as to provide for the compensation of the solicitor and the clerk of the City Court of Cairo, and for other purposes.

THURSDAY, DECEMBER 3, 1953

1433

HB 1014. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Athens to provide off-street parking facilities, and for other purposes.

HB 1015. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to designate the time of filing declarations in attachments in the municipal court of the City of Augusta, and for other purposes.

HB 1016. By Messrs. Willingham, Smith and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide the method by which police shall be employed by the City of Kennesaw, and for other purposes.

HB 1017. By Messrs. Campbell and Coker of Walker:
A Bill to be entitled an Act to amend an Act so as to increase the compensation of the tax assessor of the City of Rossville, and for other purposes.

HB 1018. By Mr. Hamilton of Appling:
A Bill to be entitled an Act to amend an Act establishing the City Court of the City of Baxley, and for other purposes.

HB 1021. By Messrs. Willingham, Smith and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Austell to operate a gas distribution system, and for other purposes.

HB 1,0,22. By Mr. H. Smith of Fulton:
A Bill to be entitled an Act to amend an' Act establishing a new charter for the City of Atlanta, and for other purposes.

HB 1023. By Messrs. M. Smith, H. Smith and Lokey 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 1024. By Messrs. Groover, Harris and McKenna of Bibb:
A Bill to be entitled an Act to provide a pension plan for certain employees of the board of water commissioners of the City of Macon, and for other purposes.

HB 1027. By Messrs. Chastain and Willis of Thomas:
A Bill to be entitled an Act to amend an Act so as to provide a General Reserve Fund for the Water and Light Department of the City of Thomasville, and for other purposes.

1434

JOURNAL OF THE HOUSE,

HB 1028. By Mr. Cowart of Stewart:
A Bill to be entitled an Act to provide for the consolidation of schools in certain counties, and for other purposes.

HB 102S). By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act so as to create a board of water, gas and electric light commissioners for the City of Cairo, and for other purposes.

HB 1030. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to amend an Act providing a pension plan for certain employees of Richmond County, and for other purposes.
HB 1031. By Messrs. Foster and Kemp of Clayton:
A Bill to be entitled an Act to provide for a referendum to determine whether the City of Forest Park shall retain its present form of government, and for other purposes.
HB 1032. By Mr. Blalock of Coweta: A Bill to be entitled an Act to amend an Act so as to provide for the appointment of a city manager for the City of Newnan, and for other purposes.
HR 290-916e. By Messrs. Adams and Brantley of Upson:
A Resolution requesting that certain law books be furnished the ordinary of Upson County, and for other purposes.

HR 320-1015b. By Messrs. Jordan and White of Gwinnett: A Resolution proposing a constitutional amendment providing for the establishment of a water, sanitation, sewerage, and fire protection district in Gwinnett County, and for other purposes.
HR 322-1015d. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A Resolution proposing a constitutional amendment providing that the homestead exemption shall not apply in DeKalb County, and for other purposes.

HR 325-1015g. By Mr. McWhorter of DeKalb:
A Resolution compensating Mr. W. H. Mott for damages, and for other purposes.

HR 326-1015h. By Mr. Ursrey of Jeff Davis:
A Resolution petitioning Congresa to pass permanent legislation to maintain a floor of not less than 90% parity on all basic farm crops, and for other purposes.

THURSDAY, DECEMBER 3, 1953

1435

HR 329-1022a. By Mr. Harrison of Wayne:
A Resolution authorizing the furnishing of certain law books to the Superior Court of Wayne County, and for other purposes.

HR 330-1024a. By Mr. Bodenhamer of Tift:
A Resolution proposing a constitutional amendment authorizing the incurring of a bonded indebtedness by the State to be used for the construction of highways, and for other purposes.

SB 191. By Senators Redwine of the 26th and Singleton of the 24th: A Bill to be entitled an Act to amend the Code so as to change the bonds required of real estate brokers, and for other purposes.
SB 196. By Senator Callaway of the 35th: A Bill to be entitled an Act to recognize the Georgia Rural Rehabilitation Corporation to be an agency of the State, and for other purposes.

SR 78. By Senator Stripling of the 49th:
A Resolution authorizing the furnishing of certain law books to the Superior Court of Candler 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 979. By Messrs. Harris, McKenna and Groover of Bibb:
A Bill to be entitled an Act to authorize the County Board of Commissioners of Bibb County to regulate the surfacing and maintenance of roads, and for other purposes.
The following committee substitute was read and adopted:

A BILL
To be entitled an Act to authorize the County Board of Commissioners for the County of Bibb to prescribe, administer and enforce rules, regulations, conditions and standards for the planning, construction, drainage, surfacing and maintenance of roads, including bridges and culverts, and alteration to, work or installation upon or under, or excavations in or under the same in subdivided properties in Bibb County; to require contract commitments and guaranties, including security and surety therefor, for compliance with such rules, regulations, conditions, and standards; to provide for commitments and inspection service for and in behalf of Bibb County; to provide for construction or reconstruction not in compliance and charging the cost of same against the violator to be collected by suit or in the manner as ad valorem taxes are collected; to provide for prosecution and for punishment of violators; and for other purposes.
BE IT ENACTED by the General Assembly of the State of Georgia and it is so enacted by the authority of the same as follows:

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JOURNAL OF THE HOUSE,
SECTION 1
The County Board of Commissioners for the County of Bibb are hereby authorized to prescribe, administer and enforce reasonable rules, regulations, conditions and standards for the planning, construction, drainage, surfacing and maintenance of roads, including bridges and culverts, within subdivided properties in Bibb County and in the discretion of said Board to require or not to require, in the name of Bibb County, contract commitments and guaranties, including cash deposit or surety company bond. for compliance with such rules, regulations, conditions and standards, provided, however, that the rules, regulations, conditions and standards prescribed shall not exceed, in stringency or severity, the Georgia State Highway Department Standard Specifications of Roads and Bridges, then in current use and for the type of work approved for such subdivision. The aforesaid board of commissioners are empowered to make and, upon request, shall make pre-commitments, for and in behalf of Bibb County, for the acceptance of such works, as public works for future public maintenance, when and if in compliance with such rules, regulations, conditions and standards. When any such pre-commitment is made, inspection service of the work to which the request relates shall be provided by and at the expense of Bibb County to assist in compliance with such rules, regulations, conditions and standards.
SECTION 2
The County Board of Commissioners for the County of Bibb are likewise empowered, and to the same measure and extent as aforesaid with respect to the works above described in Section 1, to provide rules, regulations, standards and conditions for alteration to, work or installations upon, over or under excavations in or under the aforesaid works, including alterations, work, installations or excavations by or at the instance of utility companies or any other person, firm or corporation, provided, that the rules, regulations, conditions and standards shall not exceed in stringency or severity those required with respect to public roads of Bibb County.
SECTION 3
In the event any person, firm or corporation to whom such rules, regulations and standards are applicable, fails or refuses to comply therewith, the County Board of Commissioners for the County of Bibb are hereby authorized in the name of Bibb County, and in behalf of such person, firm or corporation so failing or refusing to comply, to cause the work or works affected to be constructed or re-constructed so as to comply with such rules, regulations, conditions and standards, utilizing county forces for such work or contracting the work to others. The cost of the construction or re-construction incident to non-compliance shall be charged against the violator, constitute a lien against all the property of the violator of every kind and character and wherever situate, and may be collected in the name of Bibb County either by suit or in the same manner as ad valorem taxes owing to Bibb County are collected.
SECTION 4
Any violator of such rules, regulations or standards shall be prosecuted in the City Court of Macon and, upon conviction, punished as for

THURSDAY, DECEMBER 3, 1953

1437

a misdemeanor under the laws of the State of Georgia pertaining to that Court.

SECTION 5
If this law, any portion thereof, or its application to any person or in any circumstance shall be declared invalid the remainder of said act and the application to other persons or in other circumstances shall remain unaffected.

SECTION 6
All laws and parts of laws in conflict herewith be and the same are hereby repealed.

GEORGIA FULTON COUNTY
Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn, depose and say
That they, and each of them, are Representatives of Bibb County, Georgia, and are the authors of the within attached bill and that notice of intention to apply for the legislation presented by said bill, and which notice is attached hereto and made a part hereof, was published in the Macon News, which is the official organ of Bibb County, Georgia, and is the newspaper in which the Sheriff's advertisements for Bibb County are published, on October 23rd, October 30th and November 6th, 1953.
Is/ John B. Harris, Jr. /s/ Andrew W. McKenna /s/ Denmark Groover, Jr.
Sworn to and subscribed before me, this 26 day of November, 1953. /s/ Janette Hirsch Notary Public, Fulton County, Georgia My Commission Expires Oct. 7, 1956 (Seal) PUBLIC NOTICE

Please take notice of the intention of the County Board of Commissioners for the County of Bibb to apply for passage and approval, at the next meeting of the General Assembly of Georgia, of legislation, affecting Bibb County, as follows:
(1) An act to repeal the pension laws affecting Bibb County employees (Ga. Laws 1949, page 1371, and as amended) preserving, however, the vested rights of employees in such pension laws;
(2) An Act to authorize the inclusion of Bibb County employees within the coverage of the Federal Social Security system, and, in connection therewith, authority to Bibb County to make contract com-

1438

JOURNAL OF THE HOUSE,

mitments, contributions and payments, including assurance fund deposits and payments necessary to secure past service credits.

(3) An Act to establish a pension plan for Bibb County employees and to authorize Bibb County to make contributions in connection therewith;

(4) An Act to amend an Act of the General Assembly of Georgia (Ga. Laws 1949, Page 91) so as to increase compensation of persons presiding in lieu of or in addition to the Judge of the City Court of Macon from $10.00 to $20.00 per day and, where such person is a nonresident of Bibb County to authorize payment, in the discretion of the County Commissioners, of expense actually incurred by such person in so presiding;

(5) An Act to regulate or to authorize the governing authority of

Bibb County to regulate and enforce or to enforce regulations promul-

gated by the Macon-Bibb County Zoning and Planning Commission,

concerning standards and conditions for the planning, construction,

drainage, surfacing and maintenance of roads in private sub-divisions

intended for public use or the common use of lot owners in such sub-

divisions; to authorize the requirement of deposits or contract com-

mitments concerning such matters and to provide means and methods

for enforcement and for punishment of violators;



(6) A Constitutional Amendment to authorize the General Assembly of Georgia, from time to time, to delegate to the governing authority of Bibb County legislative powers and functions.

(7) A Constitutional Amendment increasing and changing the personnel and powers of the Macon-Bibb County Board of Health, and providing means and methods for enforcement. and punishment for violators;

(8) A Constitutional Amendment to authorize the governing authorities of Bibb County to establish building, electrical, and plumbing regulations for that portion of the county lying outside of the corporate limits of the City of Macon, to vary such regulations in different localities in such portion of the county, and either separately or in conjunction with the City of Macon and/or the Macon-Bibb County Board of Health and/or the Macon-Bibb County Zoning and Planning Commission, to establish methods and provide personnel for enforcement of such regulations or any of them, and to provide means for prosecution and punishment of violations of such regulations or any of them.

Marvin L. Newberry Clerk, County Board of Commissioners for the County of Bibb

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.

THURSDAY, DECEMBER 3, 1953

1439

HB 964. By Messrs. Groover and Harris of Bibb:
A Bill to be entitled an Act to require that candidates for election to offices in Bibb County must receive a majority of the votes cast, and for other purposes.
The following committee substitute was read and adopted:
A BILL
To be entitled an Act to require that in all primaries or elections for nomination or election to any public office, body or board of the county of Bibb, including members of the General Assembly from that county, that in order to be nominated or elected to public office the candidate must receive a majority of the votes cast in such primary or election; to provide for runoffs; to provide for severability; and other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:
SECTION 1.
In all primaries and/or elections to any public office, body or board of the county of Bibb, including members of the General Assembly from that county, in order to be nominated or elected to and hold such public office the candidate must receive a majority of the votes cast in such primary or election.
SECTION 2.
In the event in any race or contest in any such primary and/or election in said county a candidate or candidates should fail to receive a majority of the votes cast in such primary or election then the party officials or proper authorities conducting such primary or election shall cause a run off election to be held between the two candidates receiving the most votes in the primary or election and the candidate receiving the most votes in such run off shall be declared nominated or elected.

SECTION 3.
In the event a primary or election shall be held for nomination or election to a public office, body or board of the county of Bibb, which office, body or board, including representatives to the General Assembly from Bibb County, is composed of more than one member or officer, without such primary or election being conducted as separate contest for each specific seat, post, position or office on or in said public office, body or board, and in the event no candidate for said public office, body or board receives a majority of the votes cast in such primary or elections, then the party officials or proper authorities conducting said primary or election shall cause a run off election or primary to be held between that number of candidates receiving the highest number of votes in said primary or election as equals the number to be elected in said primary or election to said office, body or board plus one, and in such run off those receiving a majority of the votes cast shall be elected. Successive run offs, if necessary, shall be conducted on the same basis and in the same manner

1440

JOURNAL OF THE HOUSE,

as hereinabove provided. In the event in the original primary or_ elec-

tion some of the candidates receive a majoriy of the votes cast but

not enough candidates receive a majority of the votes cast to fill all of

the places for which nomination or election is being held in said pri-

mary or election, then a run off election shall be held for the number

of places for which no one received a majority of the votes cast on

the same basis and in like manner as hereinabove provided.



SECTION 4.
The provisions of this Act shall not become effective unless approved by the voters of Bibb County in the General Election of 1954 as provided herein.
The authorities conducting that election in said county shall cause to be placed on the ballot the following:
FOR Requiring elected officials of Bibb County to receive a majority vote in order to be elected.
AGAINST Requiring elected officials of Bibb County to receive a majority vote in order to be elected.
If more votes are designated in the affirmative than in the negative then this Act will be effective as to all elections subsequent thereto.

SECTION 5.
In the event any provision or portion of provisions of this Act are held unconstitutional or not valid for other reasons then the remaining provisions or portion of provisions shall remain of full force and effect as though they were distinct and separate,

SECTION 6.

All laws and parts of laws in conflict herewith are hereby repealed.

GEORGIA FULTON COUNTY

Before me, the undersigned officer duly authorized to administer oaths, personally appeared Denmark Groover, Jr., who first being duly sworn, depose and say-

That he is a representative of Bibb County, Georgia and is the

author of the within attached bill and that notice of intention to apply

for the legislation presented by said bill or resolution, and which

notice is attached hereto and made a part hereof, was published in

the Macon News, which is the official organ of Bibb County, Georgia

and is the newspaper in which the Sheriff's advertisements for Bibb

County are published on November 6, November 13, and November 20,

1953.

.

Is/ Denmark Groover, Jr.

Sworn to and subscribed

before me this 22 day of

November, 1953.

Is/ Janette Hirsch

Notary Public

Notarial Seal Affixed.

THURSDAY, DECEMBER 3, 1953

1441

NOTICE OF INTENTION TO APPL~ FOR LOCAL LEGISLATION
Notice is hereby given that the undersigned intends to apply for legislation at the session of the General Assembly beginning November 16, 1953, to provide that in all primaries and elections held for the nomination or elections of public officers of Macon and Bibb County to BoaTds or Offices having more than one member or officer including members of the General Assembly from this county that all candidates for nomination or election thereto shall designate the post or position to which he seeks nomination or election; to provide for the manner of designating such post or position; to provide that in order to be nominated or elected such candidate shall receive a majority of the votes cast; to provide for run-offs; and for other purposes.
DENMARK GROOVER, JR.

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.

HB 986. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to provide a charter for the City of Willacoochee, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

RB 987. By Mr. Russell of Barrow:
A Bill to be entitled an Act t.o amend. an Act so as to provide for the terms of superior court in the Piedmont Judicial Circuit, and for other purposes.
The following amendment was read and adopted:
Mr. Jordan of Gwinnett moves to amend HB 987 by striking the lines in Section 5 that now reads-on the first Tuesday after the first Monday in September and inserting in lieu thereof the second Monday in September.

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.

1442

JOURNAL OF THE HOUSE,

HB 992. By Messrs. Cheatham, McGee, and Sipple of Chatham:
A Bill to be entitled an Act to amend an Act so as to provide a new pension system for certain employees of the City of Savannah, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 994. By Messrs. White and Jordan of Gwinnett:
A Bill to be entitled an Act to incorporate the City of Berkeley Lake, and for other purposes.

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

HB 995. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to amend an Act so as to provide for the election of the mayor and aldermen of 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 998. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act so as to provide for the costs of the Sheriff of the City Court of Waycross, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 999. By Mr. McGarity of Henry:
A Bill to be entitled an Act to provide for a zoning and planning commission for the unincorporated portion of Henry County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, DECEMBER 3, 1953

1443

On the passage of the bill, the ayes were 111, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1000. By Messrs. Conger and Cloud of Decatur:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the Town of Brinson, and for other purposes.

The report 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 1002. By Messrs. Scoggin, Hall, and Hicks of Floyd:
A Bill to be entitled an Act to provide for the appointment of a Board of Electrical Examiners 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.
By unanimous consent, the Clerk was directed to correct certain typographical errors appearing in HB 1002.

HB 1003. By Mr. Mishoe of Tattnall: A Bill to be entitled an Act to amend an Act so as to provide for the election of the mayor and councilmen of the City of Glennville at the same 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 114, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 1005. By Messrs. Hall, Scoggin and Hicks of Floyd: A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of 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 115, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 1006. By Messrs. Willingham, Smith and Bentley of Cobb: A Bill to be entitled an Act to amend an Act so as to provide for the division of the City of Smyrna into six wards, and for other purposes.

1444

JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 968. By Messrs. Groover, Harris, McKenna of Bibb:
A Bill to be entitled an Act to amend an Act relating to the recorder's court of the City of Macon, and for other purposes.
The following substitute offered by Messrs. Groover, Harris and McKenna of Bibb, was read and adopted:

A BILL
To be entitled an Act to amend an Act approved August 3rd, 1927, entitled: "An Act to re-enact the Charter of the City of Macon contained in the act approved August 17th, 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 the Acts amendatory thereof; and for other purposes"; said described Act 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 whenever passed and wherever set forth, including any and all Acts, amending, changing or re-enacting any section or subsection of said Acts; to repeal section 48 relating to the Clerk and other officers of recorder's court; to enact in lieu thereof a new section to be known as section 48 relating to the same subject matter and making specific provision for the office of Clerk of the Recorder's Court and his election; to define his powers and duties; to provide for his compensation; to repeal in its entirety section 49 of said Act of 1927, which appears on page 1314, of said Acts, relating to who may preside over the recorder's court of said City of Macon; to enact in lieu thereof a new section to be known as section 49, relating to the same subject matter and making specific provision authorizing and empowering the mayor of the city of Macon to designate attorneys at law practicing in the city of Macon to preside temporarily over said court, in the absence or disqualification of the recorder; to provide for the qualifications, powers and compensation of said attorneys; to provide for severability; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR-
GIA AND IS HEREBY ENACTED BY AUTHORITY OF SAME:

SECTION 1.
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 17th, 1914, together with the Acts amending the 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 the rights, powers and duties of said corporation; to amend the said Act of 1914

THURSDAY, DECEMBER 3, 1953

1445

and the Acts amendatory thereof; and for other purposes;" said described Act 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 Acts whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section or subsection of said Act, be and the same is hereby further amended by striking therefrom and repealing Section 48 relating to the Clerk and other officers of Recorder's Court and enacting i:ri lieu thereof a new section to be known as Section 48, relating to the same subject matter, and making specific provision for the office of Clerk of the Recorder's Court and his election; to define his powers and duties; to provide for his compensation; and for other purposes, which said section shall read as follows:
"Section 48. Recorder's Court- Clerk and Others Officers. The Mayor and Council shall elect a Clerk of the Recorder's Court who shall not be a member of the Police Department, or any other City Department, and who shall be answerable and responsible for the performance of his duties directly and solely to the Recorder and to the Mayor and Council. Said Clerk of the Recorder's Court shall give a commerical surety company bond in the sum of Five Thousand Dollars ($5,000.00) in a company authorized to do business in the State of Georgia for the faithful performance of his duties as said Clerk. The premium on said bond shall be paid by the City of Macon.
"He shall attend all sessions of the Recorder's Court and shall correctly keep the dockets and all other records of said Court and shall have the exclusive custody thereof. He shall devote all of his time to the discharge of the duties of his office under the immediate direction of the Recorder. He shall sign and issue all processes, summons, subpoenas, warrants and other writs issuing out of said Court, and all attachments and executions for fines imposed in said Court, all of which shall bear teste in the name of the Recorder.
"He shall receive all fines imposed by said Court, and all cash bonds and other monies and collateral deposited in said Court, and shall be responsible for all cash bonds and collateral forfeited by said Court, and all payments made in bond forfeiture cases, and shall account for the same as directed by, the Mayor and Council.
"There shall be such Deputy or Assistant Clerks of the Recorder's Court as the Mayor and Gouncil may provide. Said Deputy or Assistant Clerks shall be clothed with all the powers and charged with all the duties and responsibilities of the Clerk of said Court, and shall give bond as herein required of said Clerk in the sum of One Thousand Dollars ($1,000.00).
"The Mayor and Council are empowered and authorized ,to provide for the compensation to be paid to said Clerk and to said Deputy or Assistant Clerk or Clerks for the performance of the duties herein described.
"The ministerial officers of said Court shall be the Chief ,of Police, Assistant Chief, and officers and members of the Police Force of said City, any of whom may execute the mandates of said Court, and to whom, in the alternative, all mesne and final process thereof shall be directed.' The Chief of Police, or an officer of said Poiice Force designated by him, shall attend each session of said Court for the purposes of executing the necessary orders thereof."

1446

JOURNAL OF THE HOUSE,
SECTION 2.
BE IT FURTHER ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, and it is hereby enacted by authority of the same, that Section 49 of the Act of the General Assembly of Georgia approved August 3, 1927, creating a new charter for the City of Macon, appearing on pages 1283-1357, inclusive, of the published Acts of the General Assembly of Georgia of 1927, and as said Act may have subsequently been amended, said Section 49 appearing on page 1314 of said Acts, be, and the same is, hereby repealed in its entirety.
SECTION 3.
Be it further enacted by the authority aforesaid that there is adopted in lieu of said repealed section a new section, to be known as Section 49, which shall read as follows:
"Section 49. Recorder's Court- Who May Preside. In the absence, sickness or disqualification of the Recorder, the Mayor, or any alderman of the City of Macon designated by the Mayor, may hold Recorder's Court and hear and try all cases therein, and in the performance of said office shall be clothed with the same powers and authority as are granted to the Recorder by the charter of the City of Macon and the laws of the State of Georgia. In addition, the Mayor of the City of Macon is hereby authorized and empowered to designate attorneys at law residing and practicing in the City of Macon, to preside temporarily over said Recorder's Court, in the absence of disqualification of the Recorder for any reason. Said Attorney shall, upon being so designated and while so presiding, have all the powers and authority of the Recorder of the City of Macon. The Mayor and Council are empowered and authorized to provide for the compensation to be paid to attorneys presiding over said Recorder's Court as herein provided."
SECTION 4.
In the event any provision or portion of provision of this Act are held unconstitutional or not valid for other reasons then the remaining 'provisions or portion of provisions shall remain of full force and effect as though they were distinct and separate.
SECTION 5.
Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed.
GEORGIA FULTON COUNTY
Before me, the undersigned officer duly authorized to administer oaths, personnally appeared John B. Harris, Jr., Andrew W. McKenna, and Denmark Groover, Jr., who first being duly sworn depose and say-
That they are the representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented by said bill or. resolution and which notice is attached hereto and made a part hereof, was published in the Macon News, which is the official organ of Bibb County, Georgia

THURSDAY, DECEMBER 3, 1953

1447

and is the newspaper in which the Sheriff's advertisement for Bibb County are published, October 9, October 16, and October 23, 1953.
/s/ John B. Harris, Jr. John B. Harris, Jr.
/s/ Andrew W. McKenna Andrew W. McKenna
Is/ Denmark Groover, Jr. Denmark Groover, Jr.
Sworn to and subscribed before me this 25 day of November, 1953. /s/ Janette Hirsch Notary Public Notary Public, Fulton County, Georgia My Commission Expires Oct. 7, 1956 Seal Affixed

GEORGIA, BIBB COUNTY.
To Whom It May Concern:
Notice is hereby given that application will be made to the November 1953 Session of the General Assembly of Georgia for passage of the following bill, to-wit:
"A Bill to be entitled an Act to amend an Act approved August 3rd, 1927 entitled 'An Act to re-enact the charter of the City of Macon contained in this Act approved August 7th, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts; to consolidate into one Act such changes as may become necessary or proper, all the acts constituting the Charter of said City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, the published Acts of the General Assembly of Georgia and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending or changing or re-enacting any section of sub-section of said Act; to repeal Section 48 of said Act of 1927 as amended relating to the Clerk and other officers of Recorder's Court; to re-enact in lieu thereof a new section bearing the same number and relating to the Clerk and other officers of Recorder's Court; to authorize the creation of the office of City Prosecutor; to define his duties; and for other purposes."
This notice is given in compliance with Article 3, Section 7, Para-
graph 15 (Code Section 2-1915) of the Constitution of 1945.
This 7th day of October, 1953.
E. S. SELL, JR.,
City Attorney

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 117, nays 0.

1448

JOURNAL OF THE HOUSE,

The bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the following bill of the House was withdrawn from the Committee on State of the Republic, read the second time and recommitted to the Committee on State of the Republic:

HB 1009. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act relating to the sale of obscene books and pictures, and for other purposes.

By unanimous consent, the following bill of the House was withdrawn from the Committee on Motor Vehicles, read the second time and recommitted to the Committee on Motor Vehicles:

HB 1011. By Mr. Best of Clay:
A Bill to be entitled an Act to amend an Act relating to reporting tax under the Motor Fuel Tax Law, and for other purposes.

By unanimous consent, the following resolution of the House was withdrawn from the Committee on Special Appropriations, read the second time and recommitted to the Committee on Special Appropriations:

HR 323-1015e. By Messrs. Greene of Crisp and Veal of Putnam:
A Resolution compensating Mr. Lamar Jamerson for damages, and for other purposes.

By unanimous consent, the following bill of the House was withdrawn from the Committee on General Judiciary No. 2, read the second time and recommitted to the Committee on General Judiciary No. 2:

HB 937. By Messrs. Hicks of Floyd, Twitty of Mitchell and others:
A Bill to be entitled an Act to amend an Act which provides a limit upon enforcing conveyances of real property to secure debt, and for other purposes.

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

HB 1019. By Messrs. McWhorter, Rutland, and Turner of DeKalb:
A Bill to be entitled an Act to enumerate the counties composing the Stone Mountain Judicial Circuit, and for other purposes.

HB 1020. By Messrs. McWhorter,. Rutland, and Turner of DeKalb:
A Bill to be entitled an Act to create the DeKalb Judicial Circuit, and for other purposes.

By unanimous consent, the following bills of the Senate were withdrawn from the Committee on General Judiciary No. 1, read the second time, and re-

THURSDAY, DECEMBER 3, 1953

1449

committed to the Committee on General Judiciary No. 1:

SB 180. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to require the licensing of all loan companies by the Commissioner of Securities, and for other purposes.

SB 184. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to prohibit the procuring of insurance in connection with certain loans, and for other purposes.

By unanimous consent, the following bill of the House was recommitted to the Committee on Hygiene and Sanitation:

HB 639. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to regulate the practice of massage and the conduct of massage establishments, and for other purposes.

By unanimous consent, the Clerk was directed to correct certain typographical errors appearing the following bill of the House:

HB 1005. By Messrs. Hall, Scoggin and Hicks of Floyd:
A Bill to be entitled an Act to .amend an Act so as to extend the corporate limits of the City of Rome, and for other purposes.

By unanimous consent, the following bills of the Senate were withdrawn from the Committee on Counties and County Matters, read the second time and recommitted to the Committee on Counties and County Matters.

SB 193. By Senator Stoddard of the 50th:
A Bill to be entitled an Act to repeal an Act relating to the handling of county funds in Wilkes County and to amend an Act creating a Board of County Commissioners, and for other purposes.

SB 182. By Senator Roper of the 19th:
A Bill to be entitled an Act to abolish Board of Commissioners of Roads and Revenues of Greene County, and create the office of Commissioner of Roads and Revenues, and for other purposes.

SB 201. By Senator Parker of the 38th:
A Bill to be entitled an Act to amend an Act to establish a City Court of Polk County, in the City of Cedartown, and for other purposes.

SB 200. By Senator Parker of the 38th:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish the City Court of Polk County, and for other purposes.

1450

JOURNAL OF THE HOUSE,

SB 210. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act which provides for a Civil Service Board in Fulton County so as to provide one part-time deputy for supervising and holding elections in Fulton County under the authority of the ordinary, and for other purposes.

SB 214. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to time of making tax returns in counties of 200,000 or more; 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 179. By Senators Edenfield of the 4th and Carlisle of the 51st:
A Bill to be entitled an Act to amend an Act providing for the coverage of certain persons under the old-age and survivors insurance provisions of the Federal Society Security Act, and for other purposes.
Referred to the Committee on State of Republic.

SB 198. By Senators Kennedy of the 47th, Cates of the 17th and Rogers of the 37th:
A Bill to be entitled an Act to amend an Act relating to the assignment of prisoners to camps and other places of detention by the Director of Corrections; to provide that no prisoner convicted of a crime involving sexual perversion shall be allowed to become a trusty; and for other purposes.
Referred to the Committee on Penitentiary.
SB 202. By Senator Stoddard of the 50th:
A Bill to be entitled an Act to amend an Act increasing the rate for legal advertising from $1.00 per hundred words to $1.50 per hundred words; and for other purposes.
Referred to the Committee on General Judiciary # 1.
SB 217. By Senators Browning of the 2nd, Ramsey of the 1st and Coker of the 39th:
A Bill to be entitled an Act vesting in the State Highway Board exclusive authority for the direction and maintenance of road markers, direction signs, etc., on lands adjacent to the State-aid System of Roads as well as on rights of ways thereof; and for other purposes.
Referred to the Committee on Highways # 1.
SB 224. By Senator Campbell of the 31st:
A Bill to be entitled an Act to prohibit policemer in the employ of any city or county of the State from joining or belonging to a labor union; and for other purposes.
Referred to the Committee on Industrial Relations.

THURSDAY, DECEMBER 3, 1953

1451

SB 225. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Pension Act of the City of Atlanta to provide that if the city ceases to have a treasurer, the chairman of the finance committee, or chairman of a similar committee, shall be a member of the Board of Trustees; and for other purposes.
Referred to the Committee on Municipal Government.

SB 226. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Act to provide pensions for the police department of the City of Atlanta, and for other purposes.
Referred to the Committee on Municipal Government.

SB 227. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to provide that cities having a population of more than 150,000 by the U. S. Census of 1920 and any subsequent census shall furnish aid, relief and pensions to members of said fire departments; and for other purposes.
Referred to the Committee on Municipal Government.

SB 230. By Senator Wilkes of the 53rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Adel, and for other purposes.
Referred to the Committee on Municipal Government.

SB 231. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act known as the Income Tax Laws, which provides for penalties where taxpayers fail to comply with the income tax laws of this State; and for other purposes.
Referred to the Committee on Ways and Means.

SR 85. By Senator Coker of the 39th:
A Resolution proposing an amendment to the Constitution to provide for merger of the Canton Independent School System and the Cherokee County School System; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
SR 87. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution so as teo extend jurisdiction of the Police Court of the City of Atlanta so as tu authorize it to try violations of the traffic laws of the State, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
SR 92. By Senator Hawes of the 29th:
A Resolution authorizing and directing the State Librarian to furnish

1452

JOURNAL OF THE HOUSE,

to the Ordinary of McDuffie County certain law books, and for other purposes.
Referred to the Committee on Public Library.

Under the regular order of business, the following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 644. By Messrs. Gunter and Terrell of Hall:
A Bill to be entitled an Act to amend an Act so as to establish procedure for recalling county commissioners of Hall County, and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on Counties and County Matters moves to amend HB 644 by striking from paragraph C of the Recall Procedure Section set out in Section 1, the figure "20" and inserting in lieu thereof the figure "30", so that when so amended said paragraph C shall read as follows: "C. Said Recall Petition must be signed by a minimum of 30 percent of the qualified voters of Hall County who were eligible to vote in the preceding general election."

Mr. Gunter of Terrell moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 644 was agreed to.
Under the regular order of business, the following bill of the House was taken up for the purpose of considering the Committee of Conference Report thereon:

HB 545. By Messrs. Matthews and Stephens of Clarke:
A Bill to be entitled an Act to provide for the opening and closing of streets by municipal corporations, and for other purposes.
The following report of the Committee on Conference was read:
A BILL
To be entitled an Act to provide that the Mayor and Council, or other governing body of every municipal corporation having a population of under forty thousand, shall have power in addition to the powers specified in the charter of such corporation, to open, change and close streets, alleys and all other type thoroughfares within the corporate limits of such municipality and to dispose of closed or changed streets, alleys and thoroughfares; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION 1.
The Mayor and Council, or other governing body of every municipal corporation having a population of under forty thousand according to

THURSDAY, DECEMBER 3, 1953

1453

the 1950 federal census, or any future census, shall have the power, in addition to the powers specified in the present charter, or any amendments thereto, of such corporation, to open, change and close streets, alleys and all other type thoroughfares within the corporate limits of such municipality: provided, however, that no street, alley and other types of thoroughfares shall be changed and/or closed unless such action is assented to by the owners of at least fifty per centum (50%) of the lineal front footage on such street, alley and other type of thoroughfares. Wherever the municipal corporation owns the fee simple title to such street, alley or other type thoroughfare which is changed or closed under the provisions of this Act the governing body of the municipal corporation shall have full power to retain in such municipal corporation the title to such street, alley or thoroughfare, or in its uncontrolled discretion to convey title to such street, alley or thoroughfare with or without consideration and upon such conditions and restrictions as it deems best to any person, firm or corporation.

SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.

President of the Senate and Speaker of the House
Dear Mr. President:
Dear Mr. Speaker:

December 1, 1953

Your Committee on Conference on House Bill No. 545 begs leave to submit the following report: That the House and Senate each recede from their position and each adopt the Conference Committee substitute, which is submitted herewith.
Respectfully submitted,

On the part of the Senate: Is/ C. G. Campbell of the 31st /s/ R. H. Jordan of the 25th lsi Wm. T. Dean of the 34th

On the part of the House: /s/ Julian C. ~ipple Is/ Robert G. Stephens, Jr. /s/ Nightingale of Glynn

Mr. Nightingale of Glynn moved that the House adopt the report of the Committee on Conference.

On the motion, the ayes were 103, nays 0.

The report of the Committee on Conference for HB 545 was adopted.

The following resolution of the House was read and adopted:

1454

JOURNAL OF THE HOUSE,

HR 338. By Mr. Hand of Mitchell:

A RESOLUTION
Whereas, the National Foundation for Infantile Paralysis is nearing the achievement of its greatest objective, the provision of a safe and certain vaccine against Polio, and
Whereas, for the completion of this program and for its normal objectives of caring for and rehabilitating those who have been victims of poliomyelitis, the National Foundation will conduct its annual campaign, the March of Dimes, in January,
Resolved that the House of Representatives and the Senate of Georgia do approve of the objective of this appeal, and urge the citizens of our State to contribute to its support and to fulfill their share of the effort on its behalf.

Under the regular order of business, the following resolutions of the House were taken up for consideration and read the third time:

HR 229-743o. By Messrs. Hand and Twitty of Mitchell and Smith of Emanuel:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section XII, Paragraph 1, of the Constitution, relating to taxation by counties for education, so as to provide for a procedure by which a county may remove or increase the limitation of the tax levy for education; to provide for the submission of this amendment to the voters for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1
Article VIII, Section XU, Pargraph 1, of the Constitution, relating
to taxation by counties for education, is hereby amended by adding
a new paragraph to read as follows:
"The fifteen mill limitation provided in this Paragraph may be removed or increased in a county under the procedure set out hereinafter. The County Board of Education, in order to instigate the pro-. cedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the Ordinary it shall be his duty, within ten days of the receipt of the resolution, to issue the call of an election to determine whether such limitation shall be removed. He shall set the election to be held on a date not less than twenty nor more than thirty days from the date of the issuance of the call and shall have the date and purpose of the election published in the official organ of the county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county and the County Board of Education may recommend any number of mills not less than five for the purposes set out above. In lieu

THURSDAY, DECEMBER 3, 1953

1455

of recommending that the limitation be removed entirely, the Board may recommend that it be increased and shall specify the amount in the resolution. The election provisions for incr('ase shall be the same as for removal and if the proposal is favorably voted upon the Board may recommend up to the specified amount. It shall be the duty of the Ordinary to hold the election, to canvass the returns and declare the results. It shall also be his duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county.", so that when so amended said Paragraph 1 shall read as follows:
"Paragraph 1. Taxation by counties for education.-The fiscal authority of the several counties shall levy a tax for the support and maintenance of education not less than five mills nor greater than fifteen mills (as recommended by the County Board of Education) upon the dollar of all taxable property in the county located outside independent school systems. The independent school system of Chatham County and the City of Savannah, being co-extensive with said county, the levy of said tax shall be on all property in said county as recommended by the governing body of said system.
"The fifteen mill limitation provided in this Paragraph may be removed or increased in a county under the procedure set out hereinafter. The County Board of Education, in order to instigate the procedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the Ordinary it shall be his duty, within ten days of the receipt of the resolution, to issue the call of an election to determine whether such limitation shall be removed. He shall set the election to be held on a date not less than twenty nor more than thirty days from the date of the issuance of the call and shall have the date and purpose of the election published in the official organ of the county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county and the County Board of Educatior. may recommend any number of mills not less than five for the purposes set out above. In lieu of recommending that the limitation be removed entirely, the Board may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same as for removal and if the proposal is favorably voted upon the Board may recommend up to the specified amount. It shall be the duty of the Ordinary to hold the election, to canvass the returns and declare the results. It shall also be his duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county."

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 branches 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 proposed amendment to be published as provided in Article XIII, Section 1, Paragraph 1, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the

1456

JOURNAL OF THE HOUSE,

above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for a procedure by which a county may remove or increase the limitation of the tax leyy for education.
"Against ratification of amendment to the Constitution so as to provide for a procedure by which a county may remove or increase the limitation of the tax levy for education."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams ofUpson Alexander Ayers Barber of Jackson Baughman Bell Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brantley Bray Britton Brown
Buie Callier

Campbell of Oconee Carswell Chastain Cheatham Clark Clary Coffin Conger Coogle Cornelius Cowart Cummings
Deal Dean of Towns Deen of Bacon Denton Drinkard Dunaway Duncan Edwards Floyd
Foster Fowler

Freeman
Frier Gardner Garrard Geer Gilder Gillis Goodson Graham Green of Baldwin Green of Rabun Greene of Crisp
Greer Grimsley Groover of Troup
Hale Hall Hamilton Harper Harrell Harris Harrison of Jenkins
Henderson

THURSDAY, DECEMBER .3, 1953

1457

Hicks Hodges Holley Hollis Holloway Horne Huddleston Hughes Hurst Ingle lvey Jackson Jessup Johnson Jordan of Gwinnett Kemp Key
Land Lanier Layton Lewis Lifsey Little Lovett McCracken McGarity McKenna McWhorter Martin

Matheson
Matthews Mauldin Mishoe Moate Mobley Moore of Pickens Moore of White Moye Mull
Murphey of Crawford Murphy of Haralson Murr
Musgrove Nelson Nightingale Peacock
Phillips of Columbia Pickard Potts Raulerson Ray Rowland Russell
Rutland Short Sipple of Chatham Sivell Smiley

Smith of Cobb Smith of Eplanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stocks Strickland Swindle Tallant Tamplin Tarbutton Tarpley Terrell Todd Trapnell Twitty Veal Walker Wardlow Watson Weems Whitener Wiggins
Williams of Tift
Willis Wooten Young

Those voting in the negative were Messrs.:

Barber of Colquitt Campbell of Walker

Groover of Bibb Perkins

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

On the adoption of the resolution, the ayes were 154, nays 4.

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

HR 230-743p. By Messrs. Hand and Twitty of Mitchell and Smith of Emanuel:

A RESOLUTION
Proposing to the qualified voters an amendment to Article 7, Sec.tion 1, Paragraph 4, of the Constitution, relating to exemptions from taxation, so as to provide for a procedure by which a county may remove the exemption on personal property and homestead for school purposes; to provide for a submission of this amendment to the voters for ratification or rejection, and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION 1.
Article 7, Section 1, Paragraph 4 of the Constitution, relating to

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exemptions from taxation, is hereby amended by adding a new paragraph to be inserted between the third and fourth paragraphs of Article 7, Section 1, as it now exists, to read as follows:
"The personal property exemption of $300.00 and the homestead exemption of $2000.00 provided for in the two preceding paragraphs may be removed for taxation for school purposes only in a county under the procedure set out hereinafter. The County Board of Education, in order to instigate the procedure, must pass a resolution recommending that the exemptions be removed, and upon presentation of such resolution to the Ordinary, it shall be his duty within ten days of the receipt of the resolution to issue the call of an election to determine whether such exemptions shall be removed. He shall set the election to be held on a date not less than twenty nor more than thirty days from the issuance of the call, and shall have the date and purpose of the election published in the official organ of the county once a week for two weeks preceding the date of the election. If a majority cf the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, the exemptions shall be removed in such county for taxation for school purposes. It shall be the duty of the Ordinary to hold the election, to canvass the returns, and to declare the results. It shall be his duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county."
so that when so amended said Article 7, Section 1, Paragraph 4 shall read as follows:
"The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of, religious, educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for and used as a college, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges, incorporated academies or seminaries of learning, provided the same is not invested in real estate; and provided further, that said exemptions shall only apply to such colleges, incorporated academies or other seminaries of learning as are open to the general public; provided further, that all endowments to institutions established for white people, shall be limited to white people, and all endowments to institutions established for colored people, shall be limited to colored people; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary of any company or association kept in a public hall and not held as merchandise or for purposes of sale or gain; provided the property so exempted be not used for the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and for the purpose of maintaining and operating such institution; this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors

THURSDAY, DECEMBER 3, 1953

1459

shall receive or retain any part of the net or gross income of the property. The General Assembly shall further have power to exempt from taxation, farm products, including baled cotton grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production.
"All personal clothing, household and kitchen furniture, personal property used and included within the home, domestic animals and tools and implements of trade of manual laborers, but not including motor vehicles, are exempted from all State, County, Municipal and School District ad valorem taxes, in an amount not to exceed $300.00 in actual value.
"The Homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2000.00 of its value, is hereby exempted from all ad valorem taxation for State, county and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time to time lower said exemption to not less than $1250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly. The exemption herein provided for shall not apply to taxes levied by municipalities.
"The personal property exemption of $300.00 and the homestead exemption of $2000.00 provided for in the two preceding paragraphs may be removed for taxation for school purposes only in a county under the procedure set out hereinafter. The County Board of Education, in order to instigate the procedure, must pass a resolution recommending that the exemptions be removed, and upon presentation of such resolution to the Ordinary, it shall be his duty within ten days of the receipt of the resolution to issue the call of an election to determine whether such exemptions shall be removed. He shall set the election to be held on a date not less than twenty nor more than thirty days from the issuance of the call, and shall have the date and purpose of the election published in the official organ of the county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, the exemptions shall be removed in such county for taxation for school purposes. It shall be the duty of the Ordinary to hold the election, to canvass the returns, and to declare the results. It shall be his duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county.
"All cooperative, non-profit, membership corporations organized under the laws of this State for the purpose of engaging in rural electrification, as defined in subsection 1 of Section 3 of the Act approved March 30, 1937, providing for their incorporation, and all of the real and personal property owned or held by such corporations for such purpose, are hereby exempted from all taxation, state, county, municipal, school

1460

JOURNAL OF THE HOUSE,

district and political or territorial subdivisions of the State having the authority to levy taxes. The exemption herein provided for shall expire December 31, 1961.
"There shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a subsidiary corporation not doing business in this State, if at least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary."

SECTION 2.
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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for a procedure by which a county may remove the personal property and homestead exemption for taxation for school purposes.
"Against ratification of amendment to the Constitution so as to provide for a procedure by which a county may remove the personal property and homestead exemption for taxation for school purposes."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

SECTION 3. All laws and parts of laws in conflict with this Act are hereby repealed. An amendment offered by Mr. Best of Clay was read and lost.
The following amendment was read and adopted:
Mr. Lokey of Fulton moves to amend HR 230-743p by adding thereto

THURSDAY, DECEMBER 3, 1953

1461

the following: "Nothing herein shall invalidate a local amendment to this Constitution providing for the removal of the homestead exemption for taxation for school purposes or the procedure for voting on same."

The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.

On the adoption of the resolution, as amended, the roll call was ordered and

the vote was as follows:

'

Those voting in the affirmative were Messrs.:

Abney of Catoosa Alexander Ayers Barber of Colquitt Baughman Birdsong Blackburn Bodenhamer Boggus Bray Britton Byrd
Campbell of Oconee Cheatham Connell Cummings Deal

Dean of Towns Duncan Edwards Garrard Gillis Gowen Graham Green of Rabun Greene of Crisp Hall Harrell Harrison of Jenkins Hicks Hollis Layton Lokey McWhorter

Matthews Mauldin Nightingale
Pickard Raulerson Rutland Sipple of Chatham Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Tarpley Trapnell Turner Upshaw Watson Williams of Bulloch

Those voting in the negative were Messrs. :

Adams of Evans Adams of Upson Barber of Jackson Bell Bentley Best Black Bloodworth Bolton Brannen Brantley Brooks Brown Buie Callier Carswell Chastain Clark Clary
Coffin Conger Coogle
Cornelius Cowart Deen of Bacon Denton

Dews Drinkard Dunaway Durham Floyd Flynt Foster Fowler. Frier Gardner Goodson Green of Baldwin Greer Grimsley Groover of Bibb Groover of Troup Gunter Hale Hamilton Harper
Harris Hayes Henderson Hodges Holley. Holloway

Holton Horne Huddleston Hughes Hurst Ingle ' Ivey Jackson Jessup Johnson Jones of Lumpkin Jones of Worth Jordan of Gwinnett Kemp Key King Land Lanier Lavender
Lewis Lifsey
Little McGarity Martin Matheson Moate

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JOURNAL OF THE HOUSE,

Mobley Moore of Pickens Moore of White Moye Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove Nelson Peacock Perkins Potts Register Rowland

Russell Sheffield Short Sivell Smiley Smith of Cobb Stevens of Marion Stewart Stocks Strickland Swindle Tallant Tamplin Tarbutton Terrell

Todd Tumlin Turk Ursrey Veal Walker Wardlow Weems White Whitener Wiggins Williams of Tift Willis '
Wooten Young

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

On the adoption of the resolution, as amended, the ayes were 51, nays 123.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

Under the regular order of business, the following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 676. By Messrs. Twitty and Hand of Mitchell and others:
A Bill to be entitled an Act to create the Georgia Forest Research Council, and for other purposes.
The following Senate amendment was read:
Senator Brown of the 40th moves to amend HB 676 by adding a new section to read as follows: "Before any effort is made to raise funds for a forest research program, the Board shall make a thorough survey of the various forest industries, State and Federal agencies, and representative groups of landowners, in order to obtain their views on the need for such a program. Information regarding the amount of research, and the general outline of the kind of research necessary shall be obtained by consolidating the ideas and suggestions made by the parties contacted. When such research program shall have been agreed upon the Board shall request the General Assembly to appropriate an annual sum necessary and desirable to effectuate the program."

Mr. Ray of Warren moved that the House disagree to the Senate amendment, and the motion prevailed.
The Senate amendment to HB 676 was disagreed to.
Under the regular order of business, the following bill of the House was again taken up for consideration:

HB 959. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A Bill to be entitled an Act to amend an Act so as to provide that all records of the State Board of Pardons and Paroles shall be classified as State secrets, and for other purposes.

THURSDAY, DECEMBER 3, 1953

1463

The following amendment was read and adopted:
Mr. Twitty of Mitchell moves to amend Section 1 of HB 959 so that Section 33 of the amended Act will have added thereto a Subsection (c), which shall read as follows: "(c) All hearings required by this Act to be held shall be public, and the transcript thereof exempt from Subsection (a) above. All records and documents which were public records at the time they were received by the State Board of Pardons and Paroles are exempt from Subsection (a) above. All information, reports, and documents heretofore required by law to be made available to the General Assembly, the Governor, or the State Auditor, are exempt from Subsection (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, Mr. Smith of Emanuel 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 Adams of Evans Alexander Barber of Colquitt Barber of Jackson Baughman Bentley Best Black Blackburn
Blalock Bloodworth Boggus Brannen Brantley Bray
Britton Brooks Brown Byrd
Callier Campbell of Oconee Campbell of Walker Carswell Chastain Cheatham Clary
Coffin Coker Conger Connell Cowart Cummings
Deal

Dean of Towns Denton Dews Drinkard Durham Edwards Foster Fowler Gardner Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp
Greer Groover of Bibb Hall Harrell Harrison of Jt>nkins Hayes
Hicks Hodges Holley Hollis Holloway
Horne Huddleston Hurst Ingle Ivey Jackson Jessup

Jones of Lumpkin Jones of Worth Kemp Key Lanier Lavender Lewis Little Lokey
McCracken McGarity Matheson Matthews Moate Mobley
Moore of Pickens Moore of White Moye Mull Musgrove Nelson Nightingale
Peacock Phillips of Columbia Pickard Potts Raulerson Ray
Rowland Russell Sheffield Short Smiley Smith of Cobb

1464

JOURNAL OF THE HOUSE,

Smith of Emanuel Hoke Smith of Fulton Stephens of Clarke Tamplin Tarpley

Todd Trapnell Tumlin Turner Twitty

Upshaw Watson Whitener Williams of Tift Willis

Those voting in the negative were Messrs.:

Adams of Upson Ayers Bell Birdsong Buie Cornelius Deen of Bacon Dunaway Flynt Freeman Garrard Groover of Troup
Hamilton Harris

Henderson Holton Hughes Johnson Jordan of Gw5nnett Layton Lifsey McWhorter Martin Murphey of Crawford Murphy of Haralson Murr Register Sipple of Chatham

Sivell Stocks Strickland Swindle Terrell Turk Ursrey Veal Walker Wardlow White Wiggins Williams of Bulloch Wooten

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

On the passage of the bill, as amended, the ayes were 117, nays 42.

The bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 959 was ordered immediately transmitted to the Senate.

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 655. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act prohibiting livestock from straying at large on the public highways, and for other purposes.
The following committee substitute was read:

A BILL
To be entitled an Act to amend an Act prohibiting livestock from running at large or straying upon the public roads, approved March 2, 1953 (Ga. Laws 1953, January-February Session, p. 380), so as to prohibit livestock from running at large or straying upon other property; to change definitions; to provide that the ordinary shall )!J'erform the functions of county commissioners under the Act in those counties having no county commissioners; to provide for impoundment by persons other than the sheriff; to clarify section numbers; to provide for the Act becoming effective upon the recommend~.tion of two successive grand juries; to repeal conflicting laws; and for other purposes.
BE rr ENACTED BY THE GENERAL ASSEMBLY OF GEOR-
GIA AS FOLLOWS:
Section 1. An Act prohibiting livestock from running at large or

THURSDAY, DECEMBER 3, 1953

1465

straying upon the public roads, approved Mareh 2, 1953 (Ga. Laws 1953, January-February Session, p. 380), is hereby amended by adding after the word "roads" in Section 1, the words "and other property," so that Section 1 when so amended shall read as follows:
"Section 1. There is hereby found and declared a necessity for a statewide livestock law embracing all public roads, and other property, of the State of Georgia and necessity that its application be uniform throughout the State, except as hereinafter provided."
Section 2. Said Act is further amended by striking Section 2, relating to definitions, and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. In construing this Act, the following words, phrases, or terms, unless the context indicates otherwise, shall be held to mean:
" (1) 'Livestock' shall include all animals of the equine, bovine or swine class, including goats, sheep, mules, horses, hogs, cattle and other grazing animals.
"(2) 'Owner' shall include any person, association, firm or corporation, natural or artificial, owning or having custody of or in charge of livestock.
"(3) 'Running at large' or 'straying' shall mean any livestock found or being on any public roads, or any property not belonging to the owner of the livestock unless by permission of the owner of such property, of this State and not under manual control of a person.
" (4) 'Public roads' as used herein shall mean any street, road, highway or way, including the full width of the right of way, which is open to the use of the public for vehicular travel."
Section 3. Said Act is further amended by adding a new section to be known as Section 2-A, to read as follows:
"Section 2-A. In those counties having no county commissioners, the ordinary or other governing authority shall perform any functions or duties. required of county commissioners under this Act."
Section 4. Said .Act is. further amended by striking Section 3, re-
lating to livestock on public roads, and inserting in 'ieu thereof a new Section 3 to read as follows:
"Section 3. No owner shall permit livestock to run at large on or stray upon the public roads of this State, or any property not belonging to the owner of the livestock unless by permission of the owner of such property."
Section 5. Said Act is further amended by striking Section 4, relating to impounding, and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. It shall be the duty of the sheriff or his deputies or .any other law enforcement officer of the county where livestock is found to be running at large or straying, to take up, confine, hold and impound any such livestock, to be disposed of as herein

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after provided. Owners of farms or persons operating farms for such owners may likewise impound such livestock the same as the sheriff, provided such livestock is kept in a suitable place and cared for properly, and shall receive the same fee for feed and care as is provided for the sheriff under this Act. If such person impounds livestock, it shall be his duty immediately thereafter to notify the owner thereof if known, but if the owner is not known or determined within three days it shall then be his duty to notify the sheriff of such impoundment, and it shall then be the duty of the sheriff to pick up such livestock as soon as possible and he shall then follow the procedure set out herein just as if he had originally impounded such livestock."
Section 6. Said Act is further amended by striking Section 12, relating to punishment, and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. Any owner of livestock who unlawfully or intentionally or knowingly permits the same to run at large or stray upon the public roads of this State, or any property not belonging to the owner of the livestock unless by permission of the owner of such property, or any person who shall release livestock, after being impounded, without authority of the impouncer, shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding five hundred dollars ($500.00) or by both such fine and imprisonment."
Section 7. Said Act is further amended by striking Section 13, relating to applicability in certain counties, and inserting in lieu thereof a new Section 13 to read as follows:
"Section 13. The provisions of this Act shall not apply to counties having special laws or general laws of local application requiring the confinement and restraint of livestock; provided, however, where the provisions of such special laws or general laws of local application do not prohibit livestock from running upon or straying upon the public roads, or any property not belonging to the owner of the livestock unless by permission of the owner of such property, or provide less severe penalties than imposed by this Act, the provisions of this Act shall apply in each case as if the provisions hereof were inserted in full in any such special law or general law of local application. Provided, further, that if any such special law or general law of local application is found unconstitutimial or in any way inoperative, then this Act shall be in full force and effect in the county or counties affected."
Section 8. Said Act is further amended by striking from Section 15 the word and figure "Section 19" wherever it shall appear, and inserting in lieu thereof the word and figure "Section 18", so that when so amended Section 15 shall read as follows:
"Section 15. The provisions of Section 18 of this Act shall become effective on April 1, 1953. The remaining provisions of this Act, unless otherwise provided, shall become effective in every county in this State on October 1, 1955, except in those counties in which an election or elections must be held as provided in Section 18, in which counties the remaining provisions of this Act shall become effective as provided in Section 18."

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Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Gunter of Hall moved the previous question and the motion prevailed.

An amendment offered by Mr. Smith of Emanuel was read and lost.

The 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, Mr. Lanier of Candler 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 Barber of Colquitt Barber of Jackson Blalock Bloodworth Brannen Britton Brooks Brown Byrd Campbell of Walker Carswell Cheatham Coffin Coker Conger Coogle Cornelius Denton Fowler Freeman Gilder Gillis Goodson Grimsley Groover of Bibb Gunter Hale Hamilton Harris Harrison of Jenkins Hayes Henderson

Hodges Hollis Holloway Holton Horne Huddleston Hurst Ingle lvey
Jackson Jessup Johnson Jordan of Gwinnett Lanier Lifsey Little Lovett McGee McKenna Matheson Mishoe Moate Mobley Moore of Pickens Moye
Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Otwell Peacock

Pickard Potts Raulerson Rowland Rutland Sheffield Short Sipple of Chatham Sivell Smiley Smith of Cobb M. M. Smith of Fulton Stephens of Clarke Stocks Swindle Tallant Tarbutton Terrell Trapnell Tumlin Twitty Upshaw Ursrey Veal Wardlow Watson White Whitener Wiggins Williams of Bulloch Young

Those voting in the negative were Messrs.:

Ayers Baughman Birdsong
Black Bodenhamer

Boggus
Campbell of Oconee Clark Clary Connell

Cummings Deal Dean of Towns Deen of Bacon Dews

THURSDAY, DECEMBER 3, 1953

1469

Drinkard Green of Rabun Groover of Troup Hall Harrell Holley Hughes

King Layton Lokey Martin Nelson Phillips of Columbia Russell

Smith of Emanuel Tarpley Turner Williams of Tift Willis Wooten

The roll call was verified.

On the passage of the bill, by substitute, the ayes were 97, nays 35.

The bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Lanier of Candler gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 655.

HB 924. By Messrs. Hand and Twitty of Mitchell and others:
A Bill to be entitled an Act to amend an Act authorizing county boards of education to condemn private property for public school purposes, and for other purposes.

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

was agreed to.

.i

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, HB 924 was ordered immediately transmitted to the Senate.

HR 295-919a. By Messrs. Hollis of Muscogee, Gowen of Glynn and Twitty of Mitchell:
A Resolution confirming rules of procedure prescribed by the Supreme Court of Georgia on November 23, 1953, 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 re~eived the requisite constitutional majority, was adopted.

HB 972. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to amend an Act providing for the formation of cooperative nonprofit electric membership corporations, and for other purposes.
The following amendment was read and adopted:
Messrs. Ray of Warren and Boggus of Ben Hill move to amend House Bill No. 972 by striking from Section 2, Paragraph (e) 1 the following words :

1470

JOURNAL OF THE HOUSE,

"Any such mortgage or mortgages or deed or deeds of trust shall be exempt from mortgage recordation tax." so that said section when amended shall read as follows:
Section 2. Section 16 (e) of said Act, as amended, especially as amended by an Act approved February 16, 1950 (Ga. Laws 1950, p. 233) codified as Section 34A-128 of the Code (Supplemental Pocket Part) is hereby amended by striking Paragraph 2 of said Sub-section (e) and inserting in lieu thereof a new paragraph, so that Sub-section (e) when amended, shall read as follows:
" (e) 1. The board of directors of a corporation shall have full power and authority, without authorization by the members thereof, to authorize the execution and delivery of a mortgage or mortgages or a deed or deeds of trust of, or the pledging or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises and permits of the corporation, whether acquired or to be acquired, and wherever situated, as well as the revenues therefrom, all upon such terms and conditions as the board of directors shall determine, to secure any indebtedness of the corporation to United States of America or any agency or instrumentality thereof.

The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, HB 972 was ordered immediately transmitted to the Senate.

HR 313-1001d. By Messrs. Lewis of Greene and McGarity of Henry:
A Resolution compensating Mrs. Lillian Dobbs O'Kelly for damages, 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.

HR 294-916i. By Mr. Huddleston of Fayette:
A Resolution compensating Mr. Louis Palmer for damages, 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.

THURSDAY, DECEMBER 3, 1953

1471

HB 803. By Messrs. Nightingale of Glynn, Bentley of Cobb, and others:
A Bill to be entitled an Act to make it a misdemeanor to abandon refrigerators, and for other purposes.

The report 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 971. By Messrs. Harris, Groover and McKenna of Bibb and others:
A Bill to be entitled an Act to provide for the education of handicapped children outside the State, and for other purposes.

The following substitute, offered by Messrs. Harris, Groover and McKenna of Bibb and Hayes and Holton of Coffee, was read and adopted:

A BILL
To be entitled an Act to provide that the State Board of Education may expend funds outside the State for the education and rehabilitation of children of public school age who are deaf, mute and blind, for which there are no facilities for education or rehabilitation in Georgia; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1
The State Board of Education is hereby authorized to expend any available funds for the purpose of sending children of public school age who are deaf, mute and blind for which there are no facilities for education or rehabilitation in this State, to schools, institutions, or other places outside the State of Georgia furnishing proper facilities for education or rehabilitation of such children. Such funds may be spent for room, board, tuition, transportation, and other items which are necessarily relevant to the education and rehabilitation of such children. The State Board of Education is hereby authorized to determine if such children should be sent to such out-of-State places, and the Board is hereby authorized to promulgate such rules and regulations as it deems necessary and property for carrying out the purposes and intents 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, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 113, nays 0.

1472

JOURNAL OF THE HOUSE,

The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 973. By Messrs. Deen of Bacon, Henderson of Atkinson and others:

A Bill to be entitled an Act to amend an Act so as to provide for showing county of residence population figures on license plates, and fer other purposes.

The following amendment was read and adopted:

Mr. Greer of Lanier moves to amend HB 973 by adding a new

section to be known as Section lA and to be as follows: "Section 1A.

This Act shall become effective with the tags for the year 1955 and

succeeding 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 122, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 953. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act relating to insurance adjustment bureaus, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 66, nays 49.
The bill, having failed to receive the requisite constitutional majority, was lost.
The following Resolution of the House, previously read two times, was adopted:

HR 326-1015h. By Mr. Ursrey of Jeff Davis:
A Resolution petitioning Congress to pass permanent legislation to maintain a floor of not less than 90% parity on all basic farm crops, and for other purposes.

By unanimous consent, the following Special CommittE:e report was read and adopted:
REPORT OF COMMITTEE APPOINTED TO INQUIRE INTO THE PROPOSED IMPEACHMENT OF BEN B. GARLAND, SOLICITOR GENERAL OF THE FLINT JUDICIAL CIRCUIT MR. SPEAKER:
Your Committee, appointed to inquire into the proposed impeachment of Ben B. Garland, Solicitor General of the Flint Judicial Circuit, reports the following:
Your Committee was appointed on November 18, 1953.

THURSDAY, DECEMBER 3, 1953

1473

In the performance of its assigned duties your Committee promptly scheduled public hearings for the purpose of receiving evidence in support of the charges against Mr. Garland. To the end that all proper evidence might be received, in a fair and impartial manner, your Committee established the following rules for its hearings:
(1) All hearings for the purpose of receiving evidence would be open to the public;
(2) Hearings would be held in the Supreme Court Chamber;
(3) All oral testimony would be received under oath; documentary evidence, properly identified, would be received;
(4) So far as practicable, all evidence would be admitted under the rules for the ad:r;nission of evidence in our Superior Courts;
(5) All witnesses would be subject to cross-examination on pertinent matters;
(6) Any interested party might be represented by legal counsel if he so desired;
(7) Mr. Garland, having specifically requested it, might appear and present evidence in his own behalf, including character witnesses, might cross-examine other witnesses and would be subject to cross-examination should he testify in his own behalf;
(8) Any interested party might request your Committee to issue subpoenas to any witness declining to appear voluntarily;
(9) All proceedings before your Committee would be reported and transcribed for a permanent record;
(10) At the conclusion of the open hearings your Committee would go into executive session to consider all relevant evidence and make its determinations for recommendation to the House of Representatives.
Having established its rules for procedure, your Committee held its first public hearing on November 23, 1953, in the Supreme Court Chamber, at which time it heard from five (5) witnesses and received in evidence various documents. At the conclusion of this hearing subpoenas were issued to thirteen (13) additional witnesses to appear at the next public hearing of your Committee. This hearing was held on December 1, 1953, from 2:00 P. M. until 8:00 P. M. during which time approximately fifteen (15) witnesses were heard under oath and a total of twenty-four (24) e'xhibits of documentary evidence were received.
When no more witnesses desired to be heard the public hearings for the purpose of receiving evidence were concluded.
A transcript of the testimony received in these public hearings will be filed with the Clerk of the .House as a part of the report of your Committee. The exhibits of documentary evidence, much of which consisted of original court records of Monroe County, have been returned to the parties introducing same.
Your Committee does not deem it necessary to detail in this report the evidence received by it, since your Committee conceives that its duty is to function somewhat in the nature of a Grand Jury and report back

1474

JOURNAL OF THE HOUSE,
to the House of Representatives whether or not it considers that a prima facie case for a bill of impeachment exists. In the performance of its duties your Committee has considered both statutory and common law grounds for impeachment. Under Georgia law the statutory grounds for impeachment rest upon violations of the following sections of the Georgia Code of 1933: Sections 24-2911, 24-2916 and 24-2917. Under the common law the wrongs justifying impeachment need not be statutory offenses, or even offenses against any positive law, although generally speaking they are designated as high crimes and misdemeanors. The causes contemplated by a constitutional provision authorizing impeachment of an officer by the legislature should be neither trivial nor capricious, and must be restricted to something of a substantial nature directly affecting the rights and interests of the public, and they must be causes attaching to the qualifications of the officer, or his performance of his duties, showing that he is not a fit or proper person to hold the office.
No evidence was introduced before your Committee showing a violation by Mr. Garland of Code Sections 24-2911, 24-2916 or 24-2917. Your Committee further considers that there has not been produced bebefore it sufficient evidence to justify a bill of impeachment against Mr. Garland upon either statutory or common l11w grounds.
There was in evidence before your Committee certain newspaper articles containing statements attributable to Mr. Garland and not denied by him. Your Committee considers that it is not within its province to pass upon the propriety or impropriety of these statements beyond the determination by your Committee that the statements do not warrant a bill of impeachment.
For the foregoing reasons your Committee unanimously recommends to the House of Representatives that a bill of impeachment not be voted against Ben B. Garland, Solicitor General of the Flint Judicial Circuit.
Respectfully submitted. IS! Wm. B. Gunter
William B. Gunter of Hall IS! Julian C. Sipple
Julian C. Sipple of Chatham IS/ John C. Bell
John C. Bell of Richmond IS! Braswell Deen, Jr.
Braswell Deen, Jr., of Bacon IS/ John W. Greer
John W. Greer of Lanier IS! Henry A. Moses
Henry A. Moses of Montgomery
IS/ A. Mell Turner A. Mell Turner of DeKalb
JS/ F. Everett Williams F. Everett Williams of Bulloch
!Sf J. Mercer Wooten J. Mercer Wooten of Randolph
/Sf Hamilton Lokey Hamilton Lokey of Fulton Chairman.

THURSDAY, DECEMBER 3, 1953

1475

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
Leaves of absence for December 4, 1953, were granted the following members of the House: Messrs. Whitener of Whitfield, Williams of Tift, Ingle of Murray, and Cloud of Decatur.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.

1476

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Friday, December 4, 1953.
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 Reverend B. C. Matteson, Retired Methodist Minister, Washington, Georgia.

By unanimous consent, the roll call was dispensed with.
Mr. Garrard of Wilkes, 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 House reconsidered its action in failing to pass the following bill of the House:
HB 655. By Mr. Nightingale of Glynn: A Bill to be entitled an Act to amend an Act prohibiting livestock from straying at large on the public highways, and for other purposes.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and general bills with local application. 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 of the House were read the first time and referred to the committees:

HB 1036. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act consolidating Acts incorporating The City of East Point, and for other purposes.
Referred to the Committee on Municipal Government.

FRIDAY, DECEMBER 4, 1953

1477

HB 1037. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act consolidating Acts incorporating the City of East Point and creating a new charter for said City, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1038. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act consolidating the City of East Point and creating a new charter for said city, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1039. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to consolidate Acts incorporating the City of East Point and creating a new charter for said City, and for other purposes.
Referred to the Committee on Municipal Government.

HR 339. By Mr. Adams of Upson:
A Resolution authorizing and directing the Investigating Committee appointed under authority of the Substitute to HR 177-867e to c~ntinue the investigation therein provided for a period of not more than ninety days following the close of the present legislative session, and for other purposes.
Referred io the Committee on State of Republic.

HR 340. By Messrs. M. Smith, Lokey of Fulton and Twitty of Mitchell:
A Resolution establishing a committee to study the problem of municipal taxation, and for other purposes.
Refererd to the Committee on Ways and Means.

HB 1040: By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act consolidating Acts incorporating the City of East Point and creating a new charter for said City, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1041. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act consolidating Acts incorporating the City of East Point and creating a new charter for said City, and for other purposes.
Referred to the Commit~ee on Munieipal Government.

HB 1042. By Mr. Hall of Floyd: A Bill to be .entitled an Act to amend an Act establishing a retirement

1478

JOURNAL OF THE HOUSE,

system for certain teachers in the public and State supported Schools, so as to make provisions for teachers who are over age, and for other purposes.
Referred to the Committee on Education # 1.

HB 1043. By Mr. Lokey 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 Paragraph 1, of Section 7, of Article 6 of the Constitution relating to the abolition of Justice Courts and the office of Justice of the Peace and Notary Public Ex-Officio Justice of the Peace, etc., and for other purposes.
Referred to the Committee on Municipal Government.

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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 87.
SR 85.
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 Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 195. Do Pass.
Respectfully submitted,
Tarbutton of Washington,
Chairman.

Mr. Lavender of Elbert 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-

FRIDAY, DECEMBER 4, 1953

1479

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 868. Do Pass, as amended. HB 1013. Do Pass, by substitute.
Respectfully submitted, Gardner of Dougherty, Vice-Chairman.

Mr. Lavender of Elbert 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 1033. Do Pass. SB 182. Do Pass. SB 193. Do Pass, as amended SB 200. Do Pass. SB 201. Do Pass. SB 210. Do Pass. SB 214. Do Pass.
Respectfully submitted, Lavender of Elbert;
Chairman.
Mr. Hall of Floyd 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 319-101f)a. Do Pass.
Respectfully submitted, Hall of Floyd,.
Chairman.
Mr. Willingham of Cobb 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

1480

JOURNAL OF THE HOUSE,

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 937. Do Pass. HB 659. Do Pass, as amended. SB 150. Do Pass, by substitute. SB 187. Do Pass.
Respectfully submitted, Willingham of Cobb, 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 has instructed me as Chairman to the report the same back to the House with the following recommendations:
HR 240. Do Pass, by substitute.
BB 891. Do Not Pass.
Respectfully submitted,
Rowland of Johnson,
Chairman.

Mr. Hoke Smith of Fulton 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 1035. Do Pass.

SB 227: Do Pass.

SB 212. Do Pass.

SB 225. Do Pass.

SB 215. Po Pass.

SB 211. Do Pass.

SB 226. Do Pass.

SB 216; Do Pass.

Respectfully submitted,

Hoke Smith of Fulton,

Chairman.

FRIDAY, DECEMBER 4, 1953

1481

Mr. Blalock of Coweta County, Chairman of the Committee on Public Property, submitted the following report:
Mr. Speaker: Your Committee on Public Property has had under consideration the follow-
ing Resolutions of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 76. Do Pass. SR 35. Do Pass.
SR 65. Do Pass. Respectfully submitted, Blalock of Coweta,
Chairman.
Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker: Your Committee on State of Republic 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 1009. Do Pass. SB 179. Do Pass.
Respectfully submitted,
McCracken of Jefferson,
Chairman.
'Mr. Bell of Richmond County, Ch~irman of the Committee on Training Schools, submitted the following report:
Mr. Speaker:
Your Committee on Training Schools 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 recommendatiDns:
HR 309-985d. Do Pass.
Respectfu,lly submitted,
Bell of Richmond,
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-

1482

JOURNAL OF THE HOUSE,

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:
SB 231. Do Pass. HB 671. 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 bills and resolution of the House to-wit:

HR 227. By Messrs. Nightingale and Gowen of Glynn:
A Resolution authorizing and directing the State Librarian to furnish law books to the Superior Court of Glynn County, and for other purposes.

HB 661. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A Bill to amend an Act providing for absentee voting by members of the military, and for other purposes.

HB 755. By Messrs McGarity of Henry, Kemp and Foster of Clayton and others:
A Bill to amend Section 92-3109 of the Code of Georgia of 1933 so as to provide for the deduction, as a business expenses, of the cost of providing for the care of children under sixteen years of age, when such care is for the purpose of enabling the taxpayer to be gainfully employed, and for other purposes.

HB 934. By Messrs. Perkins and Duncan of Carroll:
A Bill to amend an Act incorporating the Town of Mount Zion, and for other purposes.

HB 827. By Messrs. Foster and Kemp of Clayton:
A Bill to amend an Act incorporating the Town of Forrest Park; to extend the corporate limits, and for other purposes.

HB 929. By Messrs. Birdsong and Groover of Troup and Sivell of Harris:
A Bill to amend an Act entitled "An Act to create a new charter for the City of West Point, in the County of Troup so as to change the corporate limits of the City of West Point, and for other purposes.

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

FRIDAY, DECEMBER 4, 1953

1483

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

HB 735. By Messrs. Mincy and Frier of Ware:
A Bill to amend an Act establishing a City Court of Waycross, Georgia, and for other purposes.
Mr. Speaker:
The Senate has agreed to the House Substitute to the following resolution of the Senate to-wit:
SR 27. By Senator Millican of the 52nd:
A Resolution to amend the Constitution to provide that governing authorities of Fulton County shall have right to furnish labor and equipment for road work or other public equipment for road work, or other public work in cities and towns of not more than 5,000 inhabitants by 1950 Census where the cost to Fulton County shall not exceed 50%, and for other purposes.

The Senate has agreed to the House Amendment to the following bill of the Senate to-wit:

SB 171. By Senators Singleton of the 24th, Jordan of the 25th, Brown of the 40th and others:
A Bill to protect trade-mark owners, producers, distributors and the general public against injurious and uneconomic practices in the distribution of competitive commodities bearing a distinguished trade-mark, brand, or name, 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 205. By Senators Shepherd of the lOth and Adams of the 12th:
A Bill to amend Chapter 26-45 of the Code relating to rescues and escapes so as to provide that it shall be a misdemeanor for any person to escape prior to conviction, and for other purposes.

SB 213. By Senator Millican of the 52nd:
A Bill to amend Section 34-1904 Code of Ga., 1933, as amended providing for ballots in elections, other than primary elections, by a proviso applicable to municipal elections in cities having a population of more than 300,000, and for other purposes.

SB 228. By Senator Millican of the 52nd: A Bill to amend the zoning laws approved Jan. 31, 1946 so as to provide

1484

JOURNAL OF THE HOUSE,

that municipalities having a population of more than 300,000 shall provide for adoption of a master city plan by municipal planning boards, and for other purposes.

SB 234. By Senator Millican of the 52nd:
A Bill to amend an Act approved 1943, which provides for creation of a Civil Service Board in Fulton County to exclude certain employees from the classified section, and for other purposes.

SB 235. By Senator Millican of the 52nd:
A Bill to provide that the governing authorities in all municipalities whose laws of ordinances provide for the issuance of Building Permits, located in counties of 300,000 or more shall send copies of such permits to joint city-county Board of Tax Assessors, and for other purposes.

SB 208. By Senator Carlisle of the 51st:
A Bill to extend the time within which bills of exception shall be tendered to the judge who presided from 20 to 30 days from the date of the decision complained of, and for other purposes.

SR 88. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution of Georgia of 1945 authorizing the General Assembly to grant to the City of Atlanta the power to establish, maintain and operate transit facilities, and for other purposes.

HR 235. By Mr. Dean of Towns:
A Resolution authorizing the State Librarian to furnish law books to Towns County, and for other purposes.

HR 280. By Messrs. Murr and Horne of Sumter:
A Resolution authorizing the conveyance of certain lands, to Sumter County, and for other purposes.

HR 293. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and others:
A Resolution authorizing the Governor to negotiate with the proper parties for the swapping of land owned by the State in Land Lot 13 in the 2nd District of Harris County for all of the land contained in Land Lot 18, and for other purposes.

HB 27. By Mr. Turner of DeKalb:
A Bill to provide for the creation of the office of Judge of City Court emeritus; to create the Judge and Solicitor of the City Courts Retirement Fund of Georgia, and for other purposes.

HB 403. By Mr. Tarpley of Union: A Bill to amend an Act entitled, "An Act to define and enlarge the

FRIDAY, 'DECEMBER,~, 1953

1486

jurisdiction of Courts of Ordinary in those counties having no City Courts or County Courts, and for other purposes.

HB 517. By Messrs. Coker and Campbell of Walker and others:
A Bill to provide that teachers in the public schools of this State shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed school month of service etc., and for other purposes.

HB 648. By Messrs. Willingham, Bentley and Smith of Cobb:
A Bill to amend the Charter of the City of Marietta, authorize and create a Parking Authority for the City of Marietta, and for other purposes.

HB 654. By Messrs. Gowen and Nightingale of Glynn:
A Bill to amend Section 95-1504 of the Code of Georgia relating to the ' powers and duties of the State Highway Department by providing that the State Highway Department shall have authority to construct and maintain drainage canals, and for other purposes.

HB 674. By Messrs. Moses of Montgomery, Deen of Bacon and others:
A Bill to repeal an Act entitled "An Act to provide for the development and administration of vocational education programs for this State, and for other purposes.

HB 694. By Messrs. Hollis, Young and Pickard of Muscogee:
A Bill to require from and after the passage of this Act in all counties having a certain population, all applicants for divorce in Superior Court of any such county to pay to the Clerk of said Court, before the filing of such applicants petition for divorce, the sum of Ten Dollars as costs, and for other purposes.

HB 700. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to amend an Act so as to provide that appeals to the superior courts from the board of zoning appeals in certain counties must be filed within thirty days, and for other purposes.

HB 702. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to amend an Act providing for salaries of certain personnel in Richmond County so as to authorize the Treasurer one employee at a salary of $275.00 per month, and for other purposes.

HB 721. By Mr. Peacock of Dodge:
A Bill to amend an Act establishing the compensation of the Oconee Judicial Circuit Reporter and define his duties, and for other purposes.

HB 760. By Mr. Graham of Richmond: A Bill to amend the charter of the City of Augusta to authorize the

1486

JOURNAL OF THE HOUSE,

Mayor of the City of Augusta with approval of Council to fill vacancies that may occur in council, and for other purposes.

HB 808. By Mr. Gunter of Hall:
A Bill to require all candidates for nomination and election to the House of Representatives of the General Assembly from Hall County to qualify for a specific seat or office, and for other purposes.

HB 823. By Mr. Green of Baldwin:
A Bill creating a Board of County Commissioners for Baldwin County, and for other purposes.

HB 901. By Messrs. Harper and Bolton of Spalding:
A Bill to amend an Act relating to the Charter of the City of Griffin, known as the Griffin Retirement Pensions Act, and for other purposes.

HB 907. By Mr. Buie of Camden:
A Bill to amend an Act creating the Brunswick Judicial Circuit: to establish a new term of Camden Superior Court, and for other purposes.

HB 908. By Mr. Blackburn of Habersham:
A Bill to re-incorporate the City of Clarkesville, and for other purposes.
HB 910. By Messrs. Kemp and Foster of Clayton:
A Bill to amend an Act incorporating the City of Jonesboro; to extend the corporate limits, and for other purposes.
HB 941. By Mr. McCracken of Jefferson:
A Bill to amend an Act so as to provide for a single index book for instruments affecting personal property in all counties having a population of not less than 18,600 and not more than 18,900, and for other purposes.

HB 942. By Mr. Drinkard of Lincoln:
A Bill to consolidate the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner, and for other purposes.

HB 944. By Messrs. Murr and Horne of Sumter:
A Bill to amend an Act, revise and consolidate the several acts granting corporate authority to the City of Americus, and for other purposes.

HB 926. By Mr. Harrell of Grady:
A Bill to be entitled an Act to incorporate the City of Whigham in the County of Grady, and for other purposes.

FRIDAY, DECEMBER 4, 1953

1487

HB 930. By Messrs. Short and Barber of Colquitt:
A Bill to amend an Act incorporating the Town of Ellenton, so as to change the limitation on tax millage, and for other purposes.

HB 931. By Mr. Murphey of Crawford:
A Bill to amend an Act creating a new charter for the City of Roberta in Crawford County, and for other purposes.

HB 932. By Messrs. Turner, McWhorter and Rutland of DeKalb:
A Bill to amend an Act establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and for other purposes.

HB 933. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to amend the Charter of the City of Augusta so as to authorize the Mayor and Council to designate the number of Clerks and Managers, and for other purposes.

HB 935. By Messrs. McWhorter, Turner and Rutland of DeKalb:
A Bill to amend an Act creating and establishing the Civil Court of DeKalb County; to provide for the compensation of the Judge of said Court, and for other purposes.

HB 940. By Messrs. Bell, Graham and Holley of Richmond:
A Bill applying to the City of Augusta and Richmond County to apply to the Board of Health of Richmond County, and for other purposes.

HB 779. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to amend an Act so as to extend the corporate limits of the City of Augusta, and for other purposes.

HB 781. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to amend an Act so as to provide for the annexation of Forrest Hills and Wheeler Heights by the City of Augusta, and for other purposes.

HB 791. By Mr. Greene of Crisp:
A Bill to amend an Act defining and enlarging the jurisdiction of the Courts of Ordinary with relation to certain cases, and for other purposes.

HR 334. By Messrs. Matheson of Hart, Phillips of Walton and many others: A Resolution expressing sympathy to Representative J. Weldon Williams.

HR 336. By Messrs. Matthews of Clarke, Campbell of Oconee and others: A Resolution whereas in furtherance of its purpose to develop outstand-

1488

JOURNAL OF THE HOUSE,

ing programs of this type, the University of Georgia recently applied to the Kellogg Foundation of Battle Creek, Michigan, for a grant of funds, and WHEREAS, the Kellog Foundation on November 17, 1953, made a grant of $2,144,000.00 to the University of Georgia for the development of programs of continuing education.

SR 99. By Senators Callaway of the 35th and Jordan of the 25th:
A Resolution for the purpose of establishing a Committee to make a study of the need and desirability of establishing a Science Center at the University of Georgia with State financial assistance, 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 to-wit:

SB 233. By Senator Millican of the 52nd:
A Bill to amend an Act known as "Unemployment Compensation Law" as amended (now Employment Security Law), so as to make the provision for emergency war-risk rate inapplicable to the calendar year 1955, 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 of the Senate to-wit:

SB 221. By Senator Coker of the 39th:
A Bill relating to the licensing of aliens to practice medicine or pharmacy in this State, approved March 23, 1939 (Ga. Laws 1939, p. 319), as amended by Section 1 of an Act approved Feb. 18, 1950, (Ga. Laws 1950, p. 362, 363), so as to provide that any alien employed as a physician by the State or any agencies or departments thereof may continue to operate and practice under the temporary license if employed by the State, and for other purposes.

SB 239. By Senator Ramsey of the 1st:
A Bill to add an additional judge to the superior court for the Eastern Judicial Circuit; to provide for the election and fix the time at which he shall begin his term of office, and for other purposes.

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

FRIDAY, DECEMBER 4, 1953

1489

HB 659. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to change the penalty for molesting children, and for other purposes.

HB 671. By Messrs. Kemp and Foster-of Clayton:
A Bill to be entitled an Act to regulate fortune telling and similar businesses, and for other purposes.

HB 868. By Messrs. Bentley, Smith and Willingham of Cobb:
A Bill to be entitled an Act to provide for an Assistant Solicitor General for the Cobb Judicial Circuit, and for other purposes.

HB 1013. By Messrs. Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide for the submission of bids on certain purchases made by Cobb County, and for other purposes.

HB 1033. By Mr. Deen of Bacon:
A Bill to be entitled an Act to provide additional compensation for the sheriff of Bacon County, and for other purposes.

HB 1035. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to create a traffic court for the City of Atlanta, and for other purposes.

HR 309-985d. By Messrs. Parker and Green of Baldwin:
A Resolution appointing a joint committee to study juvenile delinquency and the training school system, and for other purposes.

HR 319-1015a. By Mr. Lovett of Laurens:
A Resolution compensating Mr. Sankey Booth for services rendered as a teacher, and for other purposes.
SB 150. By Senator Parker of the 38th:
A Bill to be entitled an Act to provide for the appointment of assistant solicitors-general, and for other purposes.
SB 179. By Senators Edenfield of the 4th and Carlisle of the 51st:
A Bill to be entitled an Act to amend an Act providing for the coverage of certain persons under the Federal Social Security Act, and for other purposes.
SB 187. By Senators Carlisle of the 51st, Wilkes of the 53rd and others:
A Bill to be entitled an Act to amend the Code so as to provide that either party amending his pleadings in response to order of Court shall not be held to have waived his right to object to such order by appropriate exception, and for other purposes.

1490

JOURNAL OF THE HOUSE,

SB 195. By Senator Callaway of the 35th:
A Bill to be entitled an Act to amend the Code relating to capital stock transfers of trust companies, and for other purposes.

SB 211. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to tax on goods brought into the City of Atlanta, and for other purposes.

SB 212. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing pensions for officers and employees of certain cities, and for other purposes.

SB 215. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing for the qualifications of the mayor of the City of Atlanta, and for other purposes.

SB 216. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act authorizing the City of Atlanta to adopt traffic regulations at the municipal airport, and for other purposes.

SB 225. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide that in the event certain cities cease to have a treasurer then the chairman of the finance committee shall be a member of the board of trustees of the pension fund, and for other purposes.

SB 226. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing pensions for the police department of the City of Atlanta, and for other purposes.

SB 227. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing pensions for members of the fire departments of certain cities, and for other purposes.

SB 231. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide that the State Revenue Commissioner shall not be required to request the taxpayer to comply with the income tax laws, and for other purposes.

SR 35. By Senator Moon of the 13th:
A Resolution authorizing the. trading of lands for a runway for the airport at South Georgia Trade and Vocational School, and .for other purposes.

FRIDAY, DECEMBER 4, 1953

1491

SR 65. By Senator Stoddard of the 50th:
A Resolution authorizing the transfer of certain property from the Confederate Soldiers Home to the Military Department, and for other purposes.

SR 76. By Senator Stoddard of the 50th:
A Resolution authorizing the transfer of certain property from the Georgia Forestry Commission to the State Department of Defense, and for other purposes.

SR 85. By Senator Coker of the 39th:
A Resolution proposing a constitutional amendment providing for the consolidation of the Canton School System and the Cherokee County School System, and for other purposes.

SR 87. By Senator Millican of the 52nd:
A Resolution proposing a constitutional amendment providing for the trial of violations of the traffic laws of the State in the Police Court of the City of Atlanta, 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:

HR 290-916e. By Messrs. Adams and Brantley of Upson:
A Resolution requesting that certain law books be furnished the ordinary of Upson County, and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 103, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 918. By Messrs. Tallant of Cherokee, Mull of Fannin and others:
A Bill to be entitled an Act to amend an Act so as to provide for the reapportionment of the supplement paid to the judge of the superior courts of the Blue Ridge 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.
HB 1012. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act so as to provide for the compensation of the solicitor and the clerk of the City Court of Cairo, and for other purposes.

1492

JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the bill, w-as 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 1014. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act. to amend an Act so as to authorize the City of Athens to provide off-street parking facilities, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1015. By Messrs. Bell, Holley, and Graham of Richmond:
A Bill to be entitled an Act to designate the time of filing declarations in attachments in the municipal court of the City of Augusta, and for other purposes.

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

HB 1017. By Messrs. Campbell and Coker of Walker:
A Bill to be entitled an Act to amend an Act so as to increase the compensation of a ta;x assessor 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 109, nays 0.
The bill, having received the requisite cOnstitutional majority, was passed.

HB 1018. By Mr. Hamilton of Appling:
A Bill to be entitled an Act to amend an Act establishing the City Court of the City of Baxley, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, DECEMBER 4, 1953

1493

HR 329-1022a. By Mr. Harrison of Wayne:
A Resolution authorizing the furnishing of certain laws books to the Superior Court of Wayne 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.

HB 1024. By Messrs. Groover, Harris, and McKenna of Bibb:
A Bill to be entitled an Act to prqvij}e a pension plan for. certain employees of the board of water commissioners of the City of Macon, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0. The bill, having received the requisite constituti' on' al majority, was passed.

iiB 1027. By Messrs. Chastain and Willis of Tliomas:

A Bill to be entitled an Act to amend an Act so as. to provide a General

Reserve Fund for the Water and Light Department 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 113, nays 0.
The bill, having received the requisite oonstitutional majority, was passed.

HB 1028. By Mr. Cowart of Stewart:

.. .: '

A Bill to be entitled an Act to provide for the consolidation of schools 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 w:ere 114, nays 0.

The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1028 was ordered immediately transmitted to the

~~

'

.

'

.

.

HB 1029. By Mr. Harr.ell of Grady:
A Bill to be entitled an Act to amend an Act so as to create a board of Water, gas and electric light commissioners for the City of Cairo, and for other purposes.

1494

JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1030. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to amend an Act providing a pension plan for certain employees 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1031. By Messrs. Foster and Kemp of Clayton:
A Bill to be entitled an Act to provide for a referendum to determine whether the City of Forest Park shall retain its present form of government, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 1031 was ordered immediately transmitted to the Senate.

HB 1032. By Mr. Blalock of Coweta:
A Bill to be entitled an Act to amend an Act so as to provide for the appointment of a city manager for the City of Newnan, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 1032 was ordered immediately transmitted to the Senate.

SR 78. By Senator Stripling of the 49th:
A Resolution authorizing the furnishing of certain laws books to the Superior Court of Candler County, and for other purposes.

The report of the committee which was favorable to the adoption of the resolution, was agreed to.

FRIDAY, DECEMBER 4, 1953

1495

On the adoption of the resolution, the ayes were 119, nays 0. The bill, having received the requisite constitutional majority, was adopted.

HB 1016. By Messrs. Willingham, Smith and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide the method by which police shall be employed by 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 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1021. By Messrs. Willingham, Smith and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Austell 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 121, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following resolutions of the House were withdrawn from the Committee on Special Appropriations, read the second time and recommitted to the Committee on Special Appropriations:

HR 47-220c. By Mr. Connell of Lowndes:
A Resolution compensating Mr. J. Sherwood Clement for damages, and for other purposes.

HR 332-1032b. By Mr. Lanier of Candler:
A Resolution compensating Mr. George W. Bird, Jr., for damages, and for other purposes.

By unanimous consent, the following bill of the House was withdrawn from the Committee on Education No. 1, read the second time and recommitted to the Committee on Education No.1:

HB 1034. By Messrs. Hall of Floyd, Hand of Mitchell and others:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education Act, and for other purposes.

By unanimous consent the following bill of the Senate was withdrawn from the Committee on Industrial Relations, read the second time and recommitted to the Committee on State of the Republic:

1496

JOURNAL OF THE HOUSE,

SB 224. By Senator Campbell of the 31st:
A Bill to be entitled an Act to prohibit policemen from joining labor unions, and for other purposes.

By unanimous consent, the following bill of the Senate was withdrawn from the Committee on General Judiciary No. 1, read the second time and recommitted to the Committee on General Judiciary No. 1:

SB 202. By Senator Stoddard of the 50th:
A Bill to be entitled an Act to amend an Act so as to increase the rate for legal advertising, and for other purposes.
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 862. By Messrs. Sipple and Cheatham of Chatham:
A Bill to be entitled an act to amend an Act creating the municipal court of the City of Savannah, 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 205. By Sena,tors Shepherd of the lOth and Adams of the 12th:
.. A Bill to be entitled an Act to amend an Act relating to the rescues and escapes so ~s to provide that it shall be a misdemeanor for any person to escape or attempt to escape prior to conviction after having been lawfully arrested by any peace officer of this State or County thereof, and for other purposes.
Referred to. the Committee on Penitentiary.
SB 208. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to extend the time within which bills of exception shall be tendered to the judge who presided in the. case from 20 days to 30 days from the date of the decision complained of, and for other purposes.
Referred to the Committee on General Judiciary # 2.
SB 213. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing for ballots in elections, other than primary elections, by adding a proviso applicable to municipal elections in cities having a population of more than 300,000, and for other purposes.
Referred to the Committee on Municipal Government.

SB 228. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend the zoning Acts, so as to provide

~RIDAY, DECEMBER 4, 1953

1497

that municipalities having a population of more than 300,000 shall provide for adoption of a master plan by municipal planning boards, and for other purposes.
Referred to the Committee on Municipal Government.

SB 234. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act which provides for creation of a Civil Service Board in Fulton County to exclude certain employees from the classified section, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 235. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide that the governing authorities in all municipalities, whose laws or ordinances provide for the issuance of Building permits, located in counties of 300,000 or more, shall send copies of such building permits to joint city-county Board of Tax Assessors, and for other purposes.
Referred to the Committee on Counties and County Matters.

SR 88. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution of Georgia of 1945 authorizing the General Assembly to grant to the City of Atlanta, or to a public authority, the power to establish; maintain and operate transit facilities and to exempt such facilities from taxation, and for other purposes.
Referred to the Committee on State of Republic.

SR 99. By Senators Callaway of the 35th and Jordan of the 25th:
A Resolution for the purpose of establishing a Committee to make a study of the need and desirability of establishing a Science Center at the University of Georgia with State financial assistance, and for other purposes.
Referred to the Committee on University of Georgia.

SB 233 By Senator Millican of the 52nd:
A Bill to be entitled .an Act to amend an Act known as "Unemployment Compensation Law", as amended (Now Employment Security Law), so as to make. the provision for emergency war-risk- rate inapplicable to the calendar year 1955, .and for other purposes.
Referred to the Committee on Special Judiciary.

SB 221. By Senator Coker of the 39th:
A Bill to be entitled an Act relating to the licensing of aliens to practice medicine or pharmacy in this State, and for other purposes. Referred to the Committee on State of Republic.

1498

JOURNAL OF THE HOUSE,

SB 239. By Senator Ramsey of the 1st:
A Bill to be entitled an Act to add an additional Judge to the Superior Court for the Eastern Judicial Circuit, and for other purposes.
Referred to the Committee on General Judiciary #2.

Under the regular order of business, the following bills and resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 733. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to amend an Act so as to vest in the City of Fitzgerald the right of eminent domain, and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on General Judiciary moves to amend HB 733 in the following particulars:
Amend Subsection (b) of Section 1 of this bill and change Subsection (b) of Section 120 of the charter of the City of Fitzgerald as approved on August 17, 1914 and the several acts amendatory thereof, by adding to Subsection (b) a semi-colon after the words, "quasi public nature" the following language:
"Provided, however, that no such condemnation shall result in the taking of the primary business of any such utility." so that Subsection (b) of Section 1, as herein amended, shall be as follows:
"(b) The rights, powers and authority hereby conferred upon said city may be exercised in acquiring property necessary for public use even though such property be owned by corporations or associations engaged in the operation of public utilities, or by any other corporation of a quasi nature; provided, however, that no such condemnation shall result in the taking of the primary business of any such utility."

Mr. Boggus of Ben Hill moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 104, nays 0.
The Senate amendment to HB 733 was agreed to.

HB 755. By Messrs. McGartiy of Henry, Kemp of Clayton, and others:
A Bill to be entitled an Act to amend the Code so as to provide for the deduction as a business expense the cost of providing for children under certain circumstances, and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB 755 by striking the figures $3,500.00 in Section 1 (5) and 1 (6) and insert the figure $4,000.00.
Mr. McGarity of Henry moved that the House agree to the Senate amendment.

FRIDAY, DECEMBER 4, 1953

1499

On the motion to agree, the ayes were 103, nays 0. The Senate amendment to HB 755 was agreed to.

HB 661. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A Bill to be entitled an Act to amend an Act so as to set the date for holding primary elections, and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB 661 by striking on page 2, line 2, the word "first" and inserting in lieu thereof the word "second".

Mr. Twitty of Mitchell moved that the House agree to the Senate Amendment.
On the motion to agree, the ayes were 106, nays 0.
The Senate amendment to HB 661 was agreed to.

HR 227-743m. By Messrs. Nightingale and Gowen of Glynn:
A Resolution authorizing the furnishing of certain law books to the Superior Court of Glynn County, and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on General Judiciary moves to amend HR 227-743m. by adding the following words at the end of the last paragraph: "Provided funds are available for this purpose."

Mr. Nightingale of Glynn moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 106, nays 0. The Senate amendment to HR 227-743m was agreed to.
HR 165-601a. By Mr. Deen of Bacon: A Resolution authorizing the furnishing of certain law books to the Superior Court of Bacon County, and for other purposes.
The following Senate amendment was read: The Committee of the Senate on General Judiciary moves to amend
HR 165-601a by adding at the end of the last paragraph the following words: "Provided funds are available for this purpose."
Mr. Deen of Bacon moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 106, nays 0. The Senate amendment to HR 165-601a was agreed to.
HR 166-612a. By Mr. Perkins of Carroll: A Resolution authorizing the furnishing of certain law books to the Superior Court of Carroll County, and for other purposes.

1500

JOURNAL OF THE HOUSE,

The following Senate amendment was read:
The Committee of the Senate on General Judiciary moves to amend HR 166-612a. by adding after the word "same" in the last paragraph the words: "Provided funds are available for this purpose."

Mr. Perkins of Carroll moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 104, nays 0.
The Senate amendment to HR 166-612a was agreed to.

dB 827. By Messrs. Foster and Kemp of Clayton:

A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the Town of Forrest Park, and for other purposes.

The following Senate amendment was read:

Senator Redwine of the 26th District moves to amend House Bill No. 827 by:

Inserting after "city" and before "to repeal" in the caption the fol-

lowing:

,

"to divide the City of Forest Park into election wards; to provide for the election of councilmen." and by:

Striking Section 2 in its entirety and inserting in lieu thereof a new section which shall read as follows:

"Section 2. The City of Forest Park shall be divided into the following wards:

Ward One: Bounded

on the north by the city limits on the east by the center of Hendrix Dr. on the south by the C. of Ga. Rr. on the west by the city limits

Ward Two: Bounded

on the north by the city limits on the east by the center of College St. on the south by the C. of Ga. Rr. on the west by the center of Hendrix Dr.

Ward Three : Bounded on the north by the city limits on the east by the city limits on the south by the C. of Ga. Rr. on the west .by the center of College St.

Ward Four: Bounded

on the north by the C. of Ga. Rr. on the east by Lake Dr.(from Central) south to West St. and thence a line due south, to the city limit& on the south by the city limits on the west by the city limits

Ward Five: Bounded

on the north by the C. of Ga. Rr. on the east by East St. and thence a line due south from center of East. St. to city
limits:

FRIDAY, DECEMBER 4, 1953

1501

on the south by the city limits
on the west by Lake Dr. (from Central south to West St. and thence a line due south to city limits)

Ward Six: Bounded

on the north by the C. of Ga. Rr. on the east by the city limits on the south by the city limits on the west by the center of East St. and thence. a line due south from East St.
to the city limits."

and by:

Enacting a new section 3 which shall read as follows:

"Section 3. The election of city councilmen of Forest Park shall

be as follows: 3 councilmen shall. be elected in December, 1954 for a

period of two years to serve from January, 1955 to January, 1957 from

Wards 3, 4 and 6; 3 councilmen shall be elected in December, 1955 to

serve from January, 1956 to January, 1958 from Wards 1, 2 and 5.

There s):lall be one councilman at large who shall be elected in Decem-

ber, 1954 for a term from January, 1955 to January, 1957. The Mayor

of Forest Park shall continue to serve as now provided for by law."

and by:



Providing a new Section 4 which shall read as follows:

"Section 4. All laws and parts of laws in conflict with this Act are hereby repealed."

Mr. Kemp of Clayton moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 105, nays 0.
The Senate amendment to HB 827 was agreed to.

HB 863. By Messrs. Turner, Rutland, and McWhorter of DeKalb:
A Bill to be entitled an Act to create a retirement system for the employees of DeK:alb County, and for other purposes.
The following Senate amendment was read:
Senator Dean of the 34th moves to amend House Bill No. 863 as follows:
By adding to Section VII of said bill the following paragraph towit:
"None of the pensions and benefits provided herein shall be paid to any officer, deputy of employee of DeKalb County unless at the time he makes application for such pension or benefits he has been an Officer, deputy or employee of such county continuously for a period of five years immediately preceding such application, provided, however, that any officer, deputy or employee of such county shall be eligible for ordinary and line of duty disability retirement, if he receives such disability while in the service of DeKalb County as such officer, deputy or employee and otherwise complies with the requirements of this Act, regardless of the continuity of his service."

1502

JOURNAL OF THE HOUSE,

Mr. McWhorter of DeKalb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 863 was agreed to.

HB 929. By Messrs. Birdsong and Groover of Troup and Sivell of Harris:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of West Point, and for other purposes.
Senator Rogers of the 37th District moves to amend House Bill
# 929 by striking from the 8th line of said Section 2 of said Act the words
"qualified to vote for State House officers in the last held general election of this State.", and inserting in lieu thereof the following words: "registered to vote for State House officers six months prior to the date set by the Ordinary of Troup County for this referendum election,".

Mr. Birdsong of Troup moved that the House disagreee to the Senate and the motion prevailed.
The Senate amendment to HB 929 was disagreed to.
Under the regular order of business, the following bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 735. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act establishing a City Court of Waycross, and for other purposes.
The following Senate substitute was read:

A BILL
To be entitled an Act to amend an Act, establishing City Court of Waycross, Georgia, approved August 22, 1907, Georgia Laws 1907, Pages 244-245, so as to provide for compensation of the Clerk of the City Court of Waycross, Georgia, in criminal cases for attending nonjury weekly recess terms and jury terms; to provide for compensation in civil cases; and to provide for payment of salary and compensation due Clerk in criminal cases in said court and for other purposes.

SECTION 1.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same that Section 4 of the Act of 1907, Georgia Laws 1907, Pages 244-245 be, and the said Section 4 is, hereby repealed in its entirety, and enact a new Section 4.

SECTION 2.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same that from and after the passage of this act, the salary of the Clerk of the City Court of Waycross shall be $500.00 per annum, and $10.00 per day for attending weekly non jury recess terms of the City Court of Waycross, Georgia, but

FRIDAY, DECEMBER 4, 1953

1503

not to exceed two (2) days out of each week for non-jury recess terms, and $10.00 per day for each day a jury is in attendance; for his services in all criminal cases in said court, which shall be paid monthly out of the treasury of said county and out of the general funds and in addition to said salary and compensation for services to be rendered by said Clerk, shall receive all fees accruing and allowed to him in civil cases in said court.
SECTION 3.
Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the act be, and the same are, hereby repealed.
NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION
Notice is hereby given that the undersigned Clerk of Superior Court of Ware County, Georgia will apply to the 1953 regular session of the General Assembly of Georgia for the passage of a local act to amend the act of the City Court of Waycross, Georgia so as to provide that the Clerk of the City Court of Waycross, Georgia shall receive compensation for attending non-jury recess sessions of the City Court of Waycross and for each day a jury is in attendance the same as the Clerk Superior Court.
This November 30, 1953.
/s/ Erin W. Johnson
GEORGIA WARE COUNTY
Before the undersigned officer, personally appeared Jack Williams Sr. Editor and Publisher of the Waycross Journal Herald, who being duly sworn, deposes and says that the foregoing notice entitled "Notice of Local Bill" is a true and correct copy of a notice which was duly published in the Waycross Journal Herald, a newspaper published in Ware County, Georgia, and in which the sheriff's advertisements for Ware County are published, on September the 19th, September 26th and October the 3rd, 1953; that the said notice was published in full compliance with the provisions of Article III, Section VII, Paragraph XV, of the Constitution of Georgia.
Is/ Jack Williams Editor and Publisher, Waycross Journal Herald.
Sworn to and subscribed before me this 30th day of November 1953 Is/ Louise Breen, Notary Public Notarial Seal affixed.

Mr. Mincy of Ware moved that the House agree to the Senate substitute. On the motion to agree, the ayes were 107, nays 0. The Senate substitute to HB 735 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:

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JOURNAL OF THE HOUSE,

HB 848. By Messrs. Ray of Warren, Hand and Twitty of Mitchell and others:
A Bill to be entitled an Act to amend an Act so as to provide an appropriation for the Franklin D. Roosevelt Warm Springs Memorial Commission, and for other purposes.

The House was resolved into a committee of the Whole House to consider HB 848, and the Speaker designated Mr. Willis of Thomas as Chairman thereof.
The Committee of the Whole House arose and through its Chairman reported HB 848 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.:

Adams of Evans Adams of Upson Ayers Barber of Jackson Baughman Bell Best Black Blackburn Blalock Bloodworth Boggus Brannen Bray Britton Buie Campbell of Oconee Campbell of Walker
Chastain Cheatham Clark Clary Coker Connell Cowart Cummings Deal Dean of Towns Deen of Bacon
Denton Dunaway
Durham Edwards Flynt Foster Fowler Freeman .Frier Garrard

Gilder Gillis Goodson Graham Green of Baldwin Green of Rabun Greene of Crisp
Greer Groover of Bibb Gunter Hale Hall Hamilton Harper Harrell Harris Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holton Horne Hughes lvey Jackson
Johnson Kemp Key Lanier
Lavender Layton Little Lokey McCracken McWhorter Martin Matheson

Matthews Mauldin Mincy Mobley Moore of Pickens Moore of White Moye Murphey of Crawford Murphy of Haralson
Murr Musgrove Nelson Peacock Phillips of Columbia Potts Raulerson Ray Register Rowland Russell Short Sivell Smith of Cobb Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stocks Swindle Tallant Tamplin Tarpley
Terrell Todd Trapnell Tumlin Turner Twitty Upshaw Veal

FRIDAY, DECEMBER 4, 1953

1505

Walker Wardlow

Wiggins Willis

Wooten Young

Those voting in the negative were Messrs.:

Turk

The roll call was verified.

On the passage of the bill, the ayes were 123, nays 1.

The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 848 was ordered immediately transmitted to the Senate.

HB 989. By Messrs. Ray of Warren, Lokey of Fulton and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act so as to provide for the treatment of loss carry-backs and loss carry-overs in reporting 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 990. By Messrs. Ray of Warren, Lokey of Fulton and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act so as to provide for the treatment of contributions in reporting 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 108, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HR 201-647a. By Messrs. Holley, Graham and Bell of Richmond and Russell of Barrow:
A Resolution compensating Mr. Thomas E. Ham.ilton for damages, 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.

HB 747. By Messrs. Murphy of Haralson, Fowler of Douglas and others:
A Bill to be entitled an Act to amend an Act creating the office of Superior Court Reporter Emeritus, and for other purposes.

1506

JOURNAL OF THE HOUSE,

The following committee substitute was read and adopted:

A BILL
To be entitled an Act to amend an Act entitled "An Act to provide for the creation of the office of Superior Court Reporter Emeritus, to prescribe eligibility for the incumbent, to provide the term, duties and compensation of incumbent, and for other purposes," approved February 12, 1952 (Ga. L. 1952, p. 79.)
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows:
An Act entitled An Act to provide for the creation of the office of Superior Court Reporter Emeritus, to prescribe eligibility for the incumbent, to provide the term, duties and compensation of incumbent, and for other purposes, approved February 12, 1952 (Ga. L. 1952, p. 79) is hereby amended by striking in its entirety Section 2 of said Act, and substituting therefor the following, to be known and numbered as Section 2 of said Act:
Section 2. Any reporter or court stenographer in any Superior Court judicial circuit who has served as court reporter for forty (40) or more consecutive years in the same circuit shall be eligible for appointment, and shall be appointed by the judge of the Superior Court of the circuit upon application by him for such appointment, as court reporter emeritus. A year shall be construed to mean, for the purposes of this Act, all or any portion of a calendar year during which such reporter served as official reporter under appointment by the presiding judge of the circuit.
Be it further enacted, that all laws and parts of laws in conflict with this Act as hereby amended 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 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 974. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act to provide for the removal of dead bodies under the Vital Statistics Law, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Hygiene and Sanitation moves to amend House
Bill # 974 as follows:
(1) By striking from Section 1 thereof the paragraph numbered (1) and by substituting in lieu thereof a new paragraph to be numbered Paragraph 1 and to read as follows:
"(1) When a death occurs or a dead body is found the body may be moved anywhere within this State so long as a certificate of death is filed in the registration district where such death oc-

FRIDAY, DECEMBER 4, 1953

1507

curs. The certificate must be filed within seventy-two hours after death and prior to burial and proper removal or burial permit obtained."
(2) By adding to said bill a new Section to be known as Section 2 and which shall read as follows:
"(2) Any violation of this Act shall be punished as for a misdemeanor."
(3) By renumbering 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HR 273-867a. By Messrs. Hand and Twitty of Mitchell and others:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to the Constitution of Georgia adding a new Article thereto, to be designated Article XVI, Slum Clearance and redevelopment, so as to authorize the General Assembly to provide by law that any city or town or any housing authority may undertake and carry out slum clearance and redevelopment work, including the acquisition of slum blighted areas and the sale or other disposition to private enterprise of such areas; to declare that slum clearance and redevelopment work so authorized is a governmental function undertaken for public purposes for which the powers of taxation and eminent domain may be exercised and public funds expended; 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 the Constitution of Georgia be amended by adding a new article thereto, designated Article XVI, Slum Clearance and Redevelopment, as follows:
The General Assembly may provide by law that any city or town, or any housing authority now or hereafter established, may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof.

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SECTION 2.
BE IT RESOLVED by the General Assembly of Georgia that when 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 the same shall be entered on their journals, with the "Yeas" and "Nays" taken thereon. Said amendment shall 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 be submitted to the people for ratification or .rejection as one single amendment to the Constitution at said next general election as provided by law. Those voting in favor of the ratification of said amendment shall have written or printed on their ballots the words "For ratification of amendment to the Constitution of the State of Georgia by adding a new article to be designated Article XVI, Slum Clearance and Redevelopment". Those voting against the ratification of said amendment shall have written or printed on their ballots the words "Against ratification of amendment to the Constitution of the State of Georgia by adding a new article to be designated Article XVI, Slum Clearance and Redevelopment". If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, 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 of and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

The following substitute, offered by Mr. Key of Jasper, was read and .adopted:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to the Constitution of Georgia adding a new Article thereto, to be designated Article XVI, Slum Clearance and Redevelopment. so as to authorize the General Assembly to provide by law that cities and towns and housing authorities may undertake and carry out slum clearance and redevelopment work, including sale or other disposition to private enterprise of property acquired; to declare that slum clearance and redevelopment work so authorized is a governmental function undertaken for public purposes for which the powers of taxation and eminent domain may be exercised and public funds expended; 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 the Constitution of Georgia be amended by adding a new Article thereto, designated Article XVI, Slum Clearance and Redevelopment, as follows:
"The General Assembly may provide by law that any city or town, or any housing authority now or hereafter established, may

FRIDAY, DECEMBER 4, 1953

1509

undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public 'purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof."

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 branches 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 proposed -amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two- months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said Paragraph of the Constitution.

The ballot submitting the above proposed amendment shall have written .or printed thereon the following:

"For ratification of amendment to the Constitution of the State

of Geo:rgia by adding a new Article to be designated Article XVI,

Slum 'clearance and Redevelopment.



"Against ratification of amendment to the Constitution of the State of Georgia by adding a new- Article to be designated Article XVI, Slum Clearance and Redevelopment."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

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 of members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and 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, by substitute.

On the adoption of the resolution, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Evans
Adams of Upson Ayers Barber of Jackson Baughman

Bell
Bentley Birdsong Black Blackburn

Blalock
Bloodworth :Ooggus Bolton Brannen

1510

JOURNAL OF THE HOUSE,

Brantley Bray Britton Brooks Buie Callier Campbell of Ocouee
Chastain Cheatham Clary Coffin Connell Cowart Cummings
Deal Dean of Towns Deen of Bacon Denton Dews Drinkard Dunaway Edwards Foster Fowler Freeman Frier Garrard Geer Gilder Gillis Goodson Graham Green of Baldwin Green of Rabun Greer Groover of Bibb Gunter Hale Hall Hamilton Harper Harrell

Harris Harrison of Jenkins Harrison of Wayne Henderson Hicks Hodges Holley Hollis Horne Hughes Ivey Jackson Jessup Johnson Jones of Lumpkin Jordan of Gwinnett Kemp Key Lanier Lavender Lifsey Little Lokey McCracken McGarity McWhorter
Martin Matheson Matthews Mauldin Mincey Moate Mobley Moore of Pickens Moore of White Moye Murphey of Crawford Murphy of Haralson
Murr Musgrove Nelson Peacock

Perkins Phillips of Columbia Potts Raulerson Ray
Register Rowland Russell Rutland Short Sipple of Chatham Sivell Smiley Smith of Cobb Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Stocks Strickland Swindle Tallant Tamplin Tarbutton Tarpley Terrell Todd Trapnell Tumlin Turner Twitty Upshaw Veal Walker Wardlow Wiggins Williams of Bulloch Willingham Willis Wooten Young

Those voting in the negative were Messrs.:

Gardner

Nightingale

Watson

The roll call was verified.

On the adoption of the resolution, by substitute, the ayes were 141, nays 3.

The resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

By unanimous consent, HR 273-867a was ordered immediately transmitted to the Senate.

Under the regular order of business, the following bills of the House were again taken up for consideration:

FRIDAY, DECEMBER 4, 1953

1511

HB 655. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act prohibiting livestock from straying upon the public highways, and for other purposes.
The following committee substitute was read:

A BILL
To be entitled an Act to amend an Act prohibiting livestock from running at large or straying upon the public roads, approved March 2, 1953 (Ga. Laws 1953, January-February Session, p. 380), so as to prohibit livestock from running at large or straying upon other property; to change definitions; to provide that the ordinary shall perform the functions of county commissioners under the Act in those counties having no county commissioners; to provide for impoundment by persons other than the sheriff; to clarify section numbers; to provide for the Act becoming effective upon the recommendation of two successive grand juries; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.
An Act prohibiting livestock from running at large or straying upon the public roads, approved March 2, 1953 (Ga. Laws 1953, JanuaryFebruary Session, p. 380) , is hereby amended by adding after the word "roads" in Section 1, the words "and other property," so that Section 1 when so amended shall read as follows:
"Section 1. There is hereby found and declared a necessity for a statewide livestock law embracing all public roads, and other property, of the State of Georgia and necessity that its application be uniform throughout the State, except as hereinafter provided."
SECTION 2.
Said Actis further amended by striking Section 2, relating to definitions, and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. In construing this Act, the following words, phrases, or terms, unless the context indicates otherwise, shall be held to mean:
"(1) 'Livestock' shall include all animals of the equine, bovine or swine class, including goats, sheep, mules, hurses, hogs, cattle and other grazing animals.
"' (2) 'Owner' shall include any person, association, firm or corporation, natural or artificial, owning or having custody of or in charge of livestock.
"(3) 'Running at large' or 'straying' shall mean any livestock found or being on any public roads, or any property not belonging to the owner of the livestock unless by permission of the owner of such property, of this State and not under manual control of a person.
" (4) 'Public roads' as used herein shall mean any street, road, highway or way, including the full width of the right of way, which is open to the use of the public for vehicular travel."

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JOURNAL OF THE HOUSE,

SECTION 3.
Said Act is further amended by adding a new section to be known as Section 2-A, to read as follows:
"Section 2-A. In those counties having no county commissioners, the ordinary or other governing authority shall perform any functions or duties required of county commissioners under this Act."

SECTION 4.
Said Act is further amended by striking Section 3, relating to livestock on public roads, and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. No owner shall permit livestock to run at large on or stray upon the public roads of this State, or any property not belonging to the owner of the livestock unless by permission of the owner of such property."

SECTION 5.
Said Act is further amended by striking Section 4, relating to impounding, and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. It shall be the duty of the sheriff or his deputies or any other law enforcement officer of the county where livestock is found to be running at large or straying, to take up, confine, hold and impound any such livestock, to be disposed of as hereinafter provided. Owners of farms or persons operating farms for such owners may likewise impound such livestock the same as the sheriff, provided such livestock is kept in a suitable place and cared for properly, and shall receive the same fee for feed and care as is provided for the sheriff under this Act. If such person impounds livestock, it shall be his duty immediately thereafter to notify the owner thereof if known, but if the owner is not known or determined within three days it shall then be his duty to notify the sheriff of such impoundment, and it shall then be the duty of the sheriff to pick up such livestock as soon as possible and he shall then follow the procedure set out herein just as if he had originally impounded such livestock."

SECTION 6.
Said Act is further amended by striking Section 12, relating to punishment and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. Any owner of livestock who unlawfully or intentionally or knowingly permits the same to run at large or stray upon the public roads of this State, or any property not belonging to the owner of the livestock unless by permission of the owner of such property, or any person who shall release livestock, after being impounded, without authority of the impounder, shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding five hundred dollars ($500.00) or by both such fine and imprisonment."

FRIDAY, DECEMBER 4, 1953

1513

SECTION 7.
Said Act is further amended by striking Section 13, relating to applicability in certain counties, and inserting in lieu thereof a new Section 13 to read as follows:
"Section 13. The provisions of this Act shall not apply to counties having special laws or general laws of local application requiring the confinement and restraint of livestock; provided, however, where the provisions of such special laws or general laws of local application do not prohibit livestock from running upon or straying upon the public roads, or any property not belonging to the owner of the livestock unless by permission of the owner of such property, or provide less severe penalties than imposed by this Act, the provisions of this Act shall apply in each case as if the provisions hereof were inserted in full in any such special law or general law of local application. Provided, further, that if any such special law or general law of local application is found unconstitutional or in any way inoperative, then this Act shall be in full force and effect in the county or counties affected."

SECTION 8.
Said Act is further amended by striking from Section 15 the word and figure "Section 19" wherever it shall appear, and inserting in lieu thereof the word and figure "Section 18", so that when so amended Section 15 shall read as follows:
"Section 15. The provisions of Section 18 of this Act shall become effective on April 1, 1953. The remaining provisions of this Act, unless otherwise provided, shall become effective in every county in this State on October 1, 1955, except in those counties in which an election or elections must be held as provided in Section 18, in which counties the remaining provisions of this Act shall become effective as provided in Section 18."

SECTION 9.
Said Act is further amended by striking Section 18, relating to elections, and inserting in lieu thereof a new Section 18 to read as follows:
"Section 18. In every county of this State not presently having special laws or general laws of local application requiring the confinement and restraint of livestock, or not having adopted by election under Section 62-501 of the Code of Georgia as it existed on February 24, 1953, the 'no-fence law', there shall be held an election on the first Wednesday of July, 1953, at which election the question of adopting the provisions of this Act shall be put to persons qualified to vote in said county for members of the General Ass;;mbly. It shall be the duty of the ordinary of each such county to issue the call for such such election and to cause notice of the date and purpose of such election to be published once a week for two weeks immediately prior to the date thereof in the official organ of such county. The ballot shall have printed thereon the words: 'For adoption in -------------------------- __ County of the Act prohibiting livestock from running at large or straying upon public roads, or any property not belonging to the owner of the livestock unless by permission of the owner of such property' and 'Against adoption in ------------------------------------County of the Act prohibiting

1514

JOURNAL OF THE HOUSE,

livestock from running at large or straying upon public roads, or any property not belonging to the owner of the livestock unless by permission of the owner of such property.'
"Those persons voting in favor of the adoption of this Act shall vote for adoption, and those voting for rejection of this Act shall vote against adoption. If a majority of those persons voting in such election vote for adoption of this Act, then it shall become of full force and effect in such county on October 1, 1955. If a majority of those persons voting at such election vote against the adoption of this Act, this Act shall not become effective in such county, and the question shall be put at the next succeeding general election in like manner, and at each succeeding general election in such county until a majority of the person voting thereon shall vote for adoption of this Act and the same shall become of full force and effect in such county on October 1, 1955, unless the date of such election is less than twelve months from October 1, 1955, in which event this Act shall become of full force and effect in such county twelve months from the date of such election. In all elections subsequent to the general election of 1954, if a county votes to come under the provisions of this Act it shall become of full force and effect in such county twelve months from the date of such election. It shall be the duty of the ordinary to canvass the returns and certify the results of the electitJn, and it shall be his further duty to certify the results thereof to the Secretary of State.

SECTION 10.
Said Act is further amended by adding a new section to be known as Section 18-A, to read as follows:
"Section 18-A. Any other provisions of this Act to the contrary notwithstanding, the provisions of this Act, excluding the provisions of Section 15 and Section 18, shall become effective immediately in any county of this State upon the recommendation of two successive grand juries.''

SECTION 11.
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. Lanier of Candler moves to amend the Committee Substitute for House Bill 655 as follows:
By adding a new Section to be numbered Section 11, and renumbering subsequent sections accordingly, as follows:
"Section 11. Notwithstanding any other provisions of this Act, in counties of this State in which elections have heretofore been held and the act of March 2, 1953 approved by the voters, this Act, and the provisions hereof which are amendatory of said Act of March 2, 1953, shall not become effective in any such County until two successive grand juries shall so recommend. It is the intention hereof that the said original Act of March 2, 1953 (Ga. Laws 1953, p. 388) shall continue of force and effect in all counties in this State which have heretofore held referendum elections and adopted the same, and that upon the recom-

FRIDAY, DECEMBER 4, 1953

1515

mendation of two successive grand juries in any such county but not otherwise, the amendatory provisions of this Act, and of said Act of March 2, 1953, as amended, shall become of full force and effect to the same extent as if the amendments made by this Act to said Act of March 2, 1953 had been included therein originally.
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 112, nays 2.
The bill, having received the requisite constitutional majority, was passed,
by substitute, as amended.
HB 321. By Messrs. Graham of Richmond and Hall of Floyd:
A Bill to be entitled an Act to amend an Act relating to annual fees for operating motor vehicles so as to provide for fees for trailers operated exclusively under Class "B" 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 106, nays 4. 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:
HB. !776. By Mr. Lokey of Fulton: A Bill to be entitled an Act to provide for the operation of speech correction and other specialized schools 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 325-1015g. By Mr. McWhorter of DeKalb:

A Resolution compensating Mr. W. H. Mott for damages, 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.

1516

JOURNAL OF THE HOUSE,

HB 958. Messrs. Short of Colquitt and Sheffield of Brooks:
A Bill to be entitled an Act to provide additional requirements for the issuance of driver's licenses to persons under 18 years of age, and for other purposes.
The following amendment was read and adopted:
Mr. Short of Colquitt moves to amend HB 958 by inserting the words "one of the" in the 3rd line thereof between the word by and the word minors; and by striking from Section 1 thereof all wording requiring that said .application be signed by both parents and inserting appropriate wording so as to require only the signature of one of the minor's parents on said application.

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 2.
The bill, having received the requisite constitutional majority, was passed, as amended.
HB 899. By Messrs. Walker of Rockdale, Ivey of Newton, and others: A Bill to be entitled an Act to amend an Act relating to personal exemptions allowed certain persons having minor children, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 851. By Messrs. Gowen and Nightingaleof Glynn and Foster of Clayton:
A Bill to be entitled an Act to amend the Code so as to make the provisions of the Real Estate Law State-wide, and for other purposes.
The following committee substitute was read:
A BILL
To be entitled an Act to amend Section 84-1401 of the Code of Georgia of 1933, as amended, relating to counties to which the Real Estate Law is applicable, so as to change the population figures contained therein and to provide that certain persons may obtain a license without an examination; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

Section 1.
Section 84-1401 of the Code of Georgia of 1933, as amended, which relates to counties to which the Real Estate Law is applicable, is here-

FRIDAY, DECEMBER 4, 1953

1517

by amE!nded by striking said Section in its entirety and inserting in lieu thereof a new Section 84-1401 which shall read as follows:
"It shall be unlawful for any person, firm, partnership, association, co-partnership or corporation, whether operating under an assumed name or otherwise, to engage in the business or capacity, either directly or indirectly, of a real estate broker or real estate salesman within any county in this State having a population of 22,500 or more, according to the United States census of 1950, or any future census, without first obtaining a license under the provisions of this Chapter. Provided that any person who has been actively engaged in the real estate business, either as broker or salesman, in counties with a population of not less than 22,500 nor more than 70,000 according to the United States census of 1950, or any future census, and who is actively engaged in such business at the time the county in which he is a resident comes under the jurisdiction of the Real Estate Commission and who makes application within twelve months from the date such county comes under such jurisdiction, shall be entitled to a license either as broker or as salesman upon the payment of the fee for a license required by law and shall not be required to stand an examination."

Section 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
By unanimous consent, HB 851 was tabled.

HR 307-985b. By Messrs. Chastain and Willis of Thomas:
A Resolution compensating Reverend Graham Oglesby for damages, 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.

HB 1011. By Mr. B.est of Clay:
A Bill to be entitled an Act to amend an Act so as to eliminate issuing annual Motor Fuel Refund Permits, and for other purposes.

The report 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 61i0. By Messrs. Bell, Graham, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to enumerate the reasons for which students in the public schools may be excused for absences, and for other purposes.

1518

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 3.
The bill, having received the requisite constitutional majority, was passed.

HB 961. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to amend an Act relating to vehicle license plates, and for other purposes.

The report 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 314-1001e. By Messrs. Floyd and Weems of Chattooga and Deen of Bacon:
A Resolution proposing that May 1 of each year be designated as "Loyalty Day," 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 report of the Special Committee appointed to investigate certain charges brought against the Insurance Commissioner was read and adopted:
TO THE GENERAL ASSEMBLY OF GEORGIA
Pursuant to House Resolution No. 277-867e, a joint committee of the Senate and the House of Representatives was constituted, perfected its own organization, and commenced immediately to carry out its mission.
The mission of this committee, as stated in the Resolution hereinabove referred to, was to investigate to determine whether or not the Insurance Commissioner of this State had "accepted any gifts, favors, emoluments, or bribes from insurance companies doing business" in this State.
At the public hearings held on December 2nd, 3rd, and 4th, 1953, the following witnesses appeared voluntarily in support of the charge as made by the Resolution. They were Mr. Owen Adams, Member of the House of Representatives from Upson County and author of the Resolution, and Mr. William G. McRae, Attorney from Atlanta, Georgia. These witnesses introduced several exhibits, including voluminous matter in the form of depositions which had been taken in judicial proceedings not yet concluded.
The Insurance Commissioner appeared and testified under oath as a witness before this committee. Also, the Solicitor General of Fulton

FRIDAY, DECEMBER 4, 1953

1519

County was called as a witness by the committee and appeared and testified under oath before the committee.
Mr. McRae testified that all the exhibits that he offered this committee concerning any transactions of the Insurance Commissioner he had made available to the Solicitor General of Fulton County. The Solicitor General testified that he had presented those matters to the Grand Jury of Fulton County, and that the Grand Jury, after investigation and deliberation, took no action and returned no true bill in the matter not only on those exhibits which Mr. McRae contends did involve the Insurance Commissioner, but the other exhibits which he contended before this committee sought to implicate other members of the Insurance Commissioner's office. This committee, by the terms of the Resolution, is limited in its investigation solely to the charge of whether the Insurance Commissioner received any "gifts, favors, emoluments, or bribes from insurance companies" licensed to do business in this State. In that connection, this committee determines from the evidence presented to it that the charge, as made by the Resolution, is made to depend entirely upon whether or not Mr. Cravey, in obtaining an automobile in April, 1951, received any gift, bribe, or emolument from an insurance company licensed to do business in Georgia. The facts as found by this committee are that Mr. Cravey purchased from the Folds Motor Company a Chevrolet automobile, 1951 model, with motor number JAM 247787, for his wife, and paid Folds Motor Company, Carrollton, Georgia, by check dated April 30, 1951, in the sum of $1,690.75, and that this automobile was negotiated for by a former employee of the Insurance Department who obtained a quota at a time when automobiles were scarce, under a fleet contract plan which Reserve Life Insurance Company had with General Motors Corporation. There is no evidence that Mr. Cravey was influenced in any respect by the purchase of this automobile nor that the Reserve Life Insurance Company paid anything toward the purchase of the automobile.
The charge as made by this Resolution, if it had been proven, would constitute a crime under the laws of this State, and from the testimony of the Solicitor General it is evident that all the exhibits and testimony given before this committee had already been presented to a duly constituted Grand Jury of Fulton County, who found that there was not sufficient evidence even to make a triable issue of fact.
This committee is of the opinion that the Commissioner of Insurance should continue to enforce th! insurance laws of this State vigorously, to the end that the general public be protected from any insurance companies licensed to do business in this State whose financial condition or method of doing business will be hazardous to policy holders, creditors, or to the general public.
<(
The above conclusions were adopted by the committee unanimously, and the Secretary is directed to file signed copies with both the Secretary of the Senate and the Clerk of the House, and it is the desire of this committee that this report be included in the journals of both Houses.
Robert H. Jordan, Senator, 25th District,
CHAIRMAN.
Marvin E. Moate, Representative, Hancock County,
SECRETARY

1520

JOURNAL OF THE HOUSE,

The following resolution of the House was read and adopted:

HR 341. By Messrs. Geer of Miller and Key of Jasper:

A RESOLUTION
Designating Miss Neva Jane Langley as "The Sweetheart of the Georgia House of Representatives"; and for other purposes.
WHEREAS, the House of Representatives is deeply honored and extremely happy at the presence of Miss Neva Jane Langley, of Macon, Georgia, "Miss America of 1953"; and
WHEREAS, she has brought national recognition to the State of Georgia, and has been probably the foremost purveyor of good-will for this State; and
WHEREAS, she is the apex of American womanhood; and
WHEREAS, after her appearance here today, it is easy to see that Georgia is distinguished by peaches other than those growing on trees; and
WHEREAS, her beauty is only surpassed by her friendliness, charm and graciousness of manner; and
WHEREAS, it is only proper that the House of Representatives bestow some fitting tribute upon this beautiful example of southern femininity;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that Miss Neva Jane Langley be, and she hereby is, designated as "The Sweetheart of the Georgia House of Representatives," and that she be accorded all the privileges pursuant thereto.
BE IT FURTHER RESOLVED, that the House of Representatives express its grateful appreciation to Miss Langley for making an appearance before this House and brightening a day which is otherwise filled only with "bills to be entitled Acts," et cetera.
BE IT FURTHER RESOLVED, that the Clerk of the House of Representatives prepare a suitable copy of this Resolution to be transmitted to Miss Langley at the earliest possible date.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., Monday, December 7, 1953, and the motion prevailed.
The Speaker announced the House adjourned- until Monday morning at 10:00 o'clock.

MONDAY, DECEMBER 7, 1953

1521

Representative Hall, Atlanta, Georgia, Monday, December 7, 1953.

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 Mr. Twitty of Mitchell.

By unanimous consent, the roll call was dispensed with.

Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of the proceedings for Friday, December 4, 1953, 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. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and general bills with local application.
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 bill of the House was read the first time and referred to the committee:

HB 1044. By Messrs. Chastain and Willis of Thomasville:
A Bill to be entitled an Act to amend the Charter of the City of Thomasville so that said charter will provide that five commissioners shall be elected at the General Election for the City of Thomasville in the year 1955, and for other purposes.
Referred to the Committee on Municipal Government.

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 Resolution of the House and has instructed me as Chair-

1522

JOURNAL OF THE HOUSE,

man, to report the same back to the House with the followi'lg recommendation: HR 312-lOOlc. Do Pass. Respectfully submitted, Freeman of Monroe, Chairman.

Mr. Lavender of Elbert 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:
HB 993. Do Pass by substitute.
HB 996. Do Pass by substitute.
HB 997. Do Pass by substitute.
ResPP.ctfully submitted,
Gardner of Dougherty,
Vice Chairman.

Mr. Lavender of Elbert County, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker: Your Committee on County 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:
SB 234. Do Pass.
SB 235. Do Pass. Respectfully submitted,
Lavender of Elbert,
Chairman.

Mr. Hall of Floyd 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-

MONDAY, DECEMBER 7, 1953

1523

ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: .
HB 1034. Do Pass. HB 1042. Do Pass.
Respectfully submitted, Hall of Floyd, Chairman.

Mr. Willingham of Cobb 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 239. Do Pass.
SB 162. Do Pass.
Respectfully submitted,
Willingham of Cobb,
Chairman.

Mr. Turner of DeKalb 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 Chairman, to report the same back to the House with the following recommendations:
HB 1038. Do Pass. HB 1039. Do Pass. HB 1040. Do Pass. HB 1041. Do Pass.
Respectfully submitted, Turner of DeKalb, Vice-Chairman.

Mr. Hoke Smith of Fulton 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

1524

JOURNAL OF THE HOUSE,

same back to the House with the following recommendation:

SB 230. Do Pass.

Respectfully submitted,

Hoke Smith of Fulton,

Chairman.

Mr. Turner of DeKalb 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 1043. Do Pass.

Respectfully submitted,

Turner of DeKalb,

Vice-Chairman.

Mr. Brazeal of Terrell County, Chairman of the Committee on Public High-
way # 1, submitted the following report:

Mr. Speaker:

Your Committee on Public Highway # 1 has bad 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 955. Do Pass.

SB 217. Do Pass.

SB 186. Do Pass.

Respectfully submitted,

Brazeal of Terrell,

Chairman.

Mr. Barber of Colquitt County, Chairman of the Committee on Special Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Special Appropriations has bad 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 331-1032a. Do Pass.

HR 332-1032b. Do Pass.

Respectfully submitted,

Barber of Colquitt,

Chairman.

MONDAY, DECEMBER 7, 1953

1525

Mr. Barber of Colquitt 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 323-1015e. Do Not Pass.
HR 324-1015f. Do Not Pass. HR 145-515b. Do Pass, as amended.
HR 291-916f. Do Not Pass.
HR 61-262a. Do Not Pass. Respectfully submitted,
Barber of Colquitt,
Chairman.

Mr. Brooks of Oglethorpe 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:

SB 233. Do Pass.

Respectfully submitted,

Brooks of Oglethorpe,

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:

SB 7. Do Pass.

SB 6. Do Pass.

SB 224. Do Pass.

SB 221. Do Pass.

HB 1026. Do Pass.

Respectfully submitted,

McCracken of Jefferson,

Chairman.

1526

JOURNAL OF THE HOUSE,

Mr. Matthews of Clarke County, Chairman of the Committee on University

of Georgia System, submitted the following report:



Mr. Speaker:

Your Committee on University of Georgia System 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 recommendation:

SR 99. 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 bas passed by the requisite constitutional majority the following bills of the Senate to wit:
The Senate bas disagreed to the House amendment to the following bill of the Senate and respectfully asks that a Committee of Conference be appointed:
SB 156. By Senators Edenfield of the 4th, Carlisle of the 51st and Campbell of the 31st:
A Bill to amend an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Session, p. 216), known as the Subversive Activities Act, to make it a crime to advocate or conspire to overthrow or destroy the government of the United States or State of Georgia or any political subdivision thereof by revolution, force or violence; to make it a crime to be a member of a subversive organization; to require departments to investigate all applicants; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Blitch of the 5th, Edenfield of the 4th and Carlisle of the 51st.
The following message was received from the Senate from 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 45. By Mr. M. Smith of Fulton:
A Bill to regulate the sale of used motor vehicles; to prohibit any business from buying, selling or auctioning used motor vehicles until complying with the terms of this Act, and for other purposes.
HB 714. By Messrs. Hand and Twitty of Mitchell:
A Bill to amend an Act entitled "An Act to create ~ new charter for the City of Camilla," and for other purposes.

MONDAY, DECEMBER 7, 1953

1527

The Senate bas adopted the report of a Committee of Conference on the following bill of the House:

HB 545. A Bill to provide that the Mayor and Council, or other governing body of every municipal corporation, shall have power, in addition to the powers specified in the charter of such corporation, to open, change and close streets, alleys and all other type thoroughfares within the corporate limits of such municipality, and for other purposes.

The Senate bas receded from its position on the following bills of the House:

HB 676. By Messrs. Twitty and Hand of Mitchell, Smith of Emanuel and others:
A Bill to create an agency of the State to be known as Georgia Forest Research Council; to establish for the operation of said Georgia Forest Research Council, and for other purposes.

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

SR 96. By Senator Adams of the 12th:
A Resolution proposing to the qualified voters an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Stewart County by the people; to provide their qualifications, compensation and term of office; to provide for the submission of this amendment for ratification or rejection, and for otbe:r purposes.

SB 149. By Senator Walker of the 45th:
A Bill to require the Chief of the Fire Department of every city having a Fire Department, the Mayor of towns having no Fire Department, and the Sheriff in each county in unincorporated areas to investigate every fire or explosion by which property to the value of $250.00 is damaged or destroyed or where the loss of human lives occur and make a report to the State Fire Marshall of all facts relating to the fire or explosion; to require records of all such fires or explosions to be maintained by the State Fire Marshall, and for other purposes.

SB 189. By Senator Carlisle of the 51st:
A Bill to require that every driver of a motor vehicle upon the public streets, roads, and highways within the State of Georgia must have liability insurance coverage, and for other purposes.

SB 218. By Senator Stoddard of the 50th:
A Bill to amend Section 67-2003 of the Code reh.ting to mechanics' lien on personalty, so as to provide that such lien may be foreclosed by surrendering possession of the property, and for other purposes.

1528

JOURNAL OF THE HOUSE,

SB 238. By Senator Millican of the 52nd:
A Bill for the protection of the pension rights of county employees, county school district employees and teachers and employees of the largest city located in whole or in part in counties of 300,000 or more; to provide pension credits, and for other purposes.

HB 906. By Messrs. Gowen and Nightingale of Glynn, Hamilton of Appling, Harrison of Wayne and Buie of Candler:
A Bill to abolish the fee system existing in the Superior Courts of the Brunswick Judicial Circuit as applied to the office of Official Court Reporter in felony cases, and for other purposes.

HB 913. By Mr. Johnson of Twiggs:
A Bill to amend an Act creating the Dublin Judicial Circuit, and for other purposes.

HB 927. By Mr. Geer of Miller:
A Bill to repeal an Act creating the City Court of Miller County, and for other purposes.

HB 966. By Messrs. Groover, Harris and McKenna of Bibb:
A Bill to require all candidates for nomination and/or election to a public office, body or board of the County of Bibb which office, body or board, including representatives to the General Assembly from Bibb County, is composed of more that) one member or officer, to qualify for a specific seat, post, position or office, and for other purposes.

HB 693. By Messrs. Gardner and Watson of Dougherty:
A Bill to consolidate and combine the governmental functions and powers now vested in aad exercised by the City of Albany with the governmental functions and powers now vested in and exercised by the county of Dougherty, and for other purposes.

HB 734. By Messrs. Sipple, McGee and Cheatham of Chatham:
A Bill to amend an Act creating and establishing the Municipal Court of Savannah, and for other purposes.

HB 761. By Mr. Walker of Rockdale:
A Bill to repeal an Act entitled "An Act to fix the salary and other compensation for the Commissioner of Roads and Revenues of Rockdale County, and for other purposes.

HB 897. By Messrs. Tumlin of Bartow, Kemp of Clayton and others:
A Bill to require that all wardens and certain other custodial officers of State penal institutions and public works camps execute a bond, and for other purposes.

MONDAY, DECEMBER 7, 1953

1629

HR 218. By Messrs. Watson and Gardner of Dougherty:
A Resolution proposing an amendment to the Constitution providing for the consolidating and combining of the governmental functions and powers now vested in and exercised by the City of Albany, and the authorities thereof, with the governmental functions and powers now vested in and exercised by the County of Dougherty, and for other purposes.

HR 222. By Mr. Greer of Lanier:
A Resolution to provide that the Governor and the State Treasurer be authorized and directed to deposit the 186 shares of common stock owned by the State in the Ga. Railroad and Banking Company in one of the depositories named in the Stockholders' Deposit Agreement, and for other purposes.

HR 242. By Messrs. Hollis, Young and Pickard of Muscogee:
A Resolution proposing an amendment to the Constitution by which the General Assembly may grant to the governing authority of Muscogee County the right to improve streets and sidewalks within residential subdivisions located in said County without the corporate limits of any municipality, etc., and for other purposes.

HR 326. By Mr. Ursrey of Jeff Davis:
A Resolution petitioning Congress to pass permanent legislation to maintain a floor of not less than 90% parity on all basic farm crops, to protect such floor prices with commodity loans of like amount and to prescribe such import duties, exercise taxes or quotas on competitive imports as may be needed to maintain these price levels, and for other purposes.

HR 338. By Mr. Hand of Mitchell:
A Resolution urging the citizens of our State to contribute to the support and to fulfill their share of the effort on behalf of the National Foundation for Infantile Paralysis, 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 154. By Mr. Bolton of Spalding:
A Bill to create a lien in favor of every individual, partnership, firm, association, corporation, institution, hospital, authority or other public corporation maintaining and operating a hospital under the laws of this State, and for other purposes.
liB 849. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and others:
A Bill to amend an Act entitled "An Act to provide for the leasing of

1530

JOURNAL OF THE HOUSE,

the overhead or underground rights or property not useful for railroad purposes, of the Western & Atlantic Railroad, 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 132. By Messrs. Greer of Lanier, Perkins of Carroll and others:
A Bill to amend an Act creating the office of Judge of the Superior Court Emeritus, 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 1026. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend the Cod!' so as to allow street, suburban, and interurban railroads to exercise eminent domain, and for other purposes.

HB 1042. By Mr. Hall of Floyd:
A Bill to be entitled an Act to amend an Act establishing a retirement system for certain teachers so as to make provisions for teachers who are over age, and for other purposes.

HR 145-515b. By Messrs. Jackson of Jones and Green and Parker of Baldwin:
A Resolution compensating Mrs. Addie Lee Ford for injuries, and for other purposes.

HB 955. By Messrs. Matheson of Hart, Williams of Franklin and others:
A Bill to be entitled an Act to make it unlawful to dump trash on the public highways, and for other purposes.

HB 1038. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of East Point, and for other purposes.

HB 1039. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of East Point, and for other purposes.

HB 1040. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of East Point, and for other purposes.

MONDAY, DECEMBER 7, 1953

1531

liB 1041. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of East Point, and for other purposes.

HB 1043. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act so as to fix the salaries of the clerk and marshal of the Municipal Court of Atlanta, and for other purposes.

HR 312-1001c. By Messrs. Sipple and Cheatham of Chatham:
A Resolution proposing a constitutional amendment providing for the abolition of the homestead exemption with respect to taxes for school purposes in Chatham County, and for other purposes.

HR 331-1032a. By Mr. Rowland of Johnson:

A Resolution compensating Mrs. Hilda Fennell for damages, and for

other purposes.



SB 186. By Senators Carlisle of the 51st and Edenfield of the 4th:
A Bill to be entitled an Act to amend the Codt> so as to increase the maximum widths of private ways and tramroads, and for other purposes.

SB 217. By Senators Browning of the 2nd and others:
A Bill to be entitled an Act providing for the maintenance of road markers on lands adjacent to the State-Aid System of Roads, and for other purposes.

SB 230. By Senator Wilkes of the 53rd:
A Bill to be entitled an ,Act to amend an Act so as to enlarge the corporate limits of the City of Adel, and for other purposes.
SB 6. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Code so as to authorize the delivery of sample ballots to newspapers, and for other purposes.
SB 7. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Code so as to provide that election managers may not begin to count the votes until the polls are closed, and for other purposes.
SB 162. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to amend the Code :relating to competency of witnesses, and for other purposes.
SB 221. By Senator Coker of the 39th: A Bill to be entitled an Act to amend an Act relating to the licensing of aliens to practice medicine or pharmacy, and for other purposes.

1532

JOURNAL OF THE HOUSE,

SB 233. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act known as Unemployment Compensation Law so as to make the provision for emergency war-risk rate inapplicable to the calendar year 1955, and for other purposes.

SB 234. By Senator Millican of the 52nd: '
A Bill to be entitled an Act to amend an Act so as to exclude certain
employees from the classified section of the Fulton County Civil Service,
and for other purposes.

SB 235. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide for the sending of building permits to joint city.county board of tax assessors in certain municipalities, and for other purposes.

SB 239. By Senator Ramsey of the 1st:
A Bill to be entitled an Act to add an additional judge to the Superior Court for the Eastern Judicial Circuit, and for other purposes.

SR 99. By Senators Callaway of the 35th and Jordan of the 25th:
A Resolution establishing a committee to study the desirability of establishing a Science Center at the University of Georgia, and for other purposes.

By unanimous consent, the following resolution of the House was taken from

the table:



HR 104-337h. By Messrs. Hand of Mitchell and Smith of Emanuel:
A Resolution proposing a constitutional amendment providing for optional methods of selecting the ~ember!! of the county boards of education, and for other purposes.

By unanimous consent, the following bill of the House was taken from the table:

HB 851. By Messrs. Gowen and Nightingale of Glynn and Foster of Clayton:
A Bill to be entitled an Act to amend an Act so as to make the provisions of the Real Estate Law State-wide, 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 1022. By Mr. H. 1Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to wards, and for other purposes.

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

MONDAY, DECEMBER 7, 1953

1583

(Jn the passage of the bill, the ayes were 103, nays 0. .The bill, having received the requisite constitutional majority, was passed.

SB 210. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide a part-time deputy for supervising and holding elections in the County of Fulton, and for _other purposes.

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

was agreed to.



On the passage of the bill, the ayes were 105, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 225. By Senator Millican of the 52nd:
A Bill to be entitled an .A.ct to amend an Act so as to provide that in the event certain cities cease to have a treasurer then the chairman of the finance committee shall be a member of the board of trustees of the pension fund, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1033. By Mr. Deen of Bacon:
A Bill to be entitled an Act to provide additional compensation for the sheriff of 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 915. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide a pension and retirement system for the classified employees under the Hapeville Civil Service 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 107, nays 0. The bill, having received the requisite constitutional majority, was passed.

1534

JOURNAL OF THE HOUSE,

HB 851. By Messrs. Gowen and Nightingale of Glynn and Foster of Clayton:
A Bill to be entitled an Act to amend an Act so as to make the provisions of the Real Estate Law state-wide, and for other purposes.
The following committee substitute was read:

A BILL
To be entitled an Act to amend Section 84-1401 of the Code of Georgia of 1933, as amended, relating to counties to which the Real Estate Law is applicable, so as to change the population figures contained therein and to provide that certain persons may obtain a license without an examination; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.
Section 84-1401 of the Code of Georgia of 1933, as amended, which relates to counties to which the Real Estate Law is applicable, is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Section 84-1401 which shall read as follows:
"It shall be unlawful for any person, firm, partnership, association, co-partnership or corporation, whether operating under an assumed name or otherwise, to engage in the business or capacity, either directly or indirectly, of a real estate broker or real estate salesman within any county in this State having a population of 22,500 or more, according to the United States census of 1950, or any future census, without first obtaining a license under the provisions of this Chapter. Provided that any person who has been actively engaged in the real estate business, either as broker or salesman, in counties with a population of not less than 22,500 nor more than 70,000 according to the United States census of 1950, or any future census, and who is actively engaged in such business at the time the county in which he is a resident comes under the jurisdiction of the Real Estate Commission and who makes application for a license within twelve months from the date such county comes under such jurisdiction, shall be entitled to a license either as broker or as salesman upon the payment of the fee for a license required by law and shall not be required to stand an examination."

SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the substitute was read and adopted:
Gowen of Glynn moves to amend the substitute for HB 851 as follows:
1. By striking the figures 22,500 wherever the same appear .;~.nd inserting in lieu thereof the figures 30,000, and
2. By adding to the new section to be enacted immediately after the words "or any future census" the words "or any county which has a

MONDAY, DECEMBER 7, 1953

1535

city within its limits having a population in excess of 17,500 by the United States census of 1950, or any future census," and
3. By striking the caption and inserting in lieu thereof the following: "To be entitled an Act to amend Section 84-1401 of the Code of Georgia of 1933, as amended, relating to counties to which the Real Estate Law is applicable, so as to include counties having a city therein having a population in excess of 17,500 by the United States Census of 1950 or any future census, and to provide that certain persons may obtain a license without examination when such counties come under the jurisdiction of the Real Estate Commission; to repeal conflicting laws; and for other purposes.

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 amended.

SB 200. By Senator Parker of the 38th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Polk County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 201. By Senator Parker of the 38th:
A Bill to be entitled an Act to amend an Act establishing a City Court of Polk County in the City of Cedartown, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 182. By Senator Roper of the 19th:
A Bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of Greene 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.

1536

JOURNAL OF THE HOUSE,

SB 193. By Senator Stoddard of the 50th:
A Bill to be entitled an Act to repeal an Act rdating to the handling of county funds in Wilkes County, and for other purposes.
The following committee amendments were read and adopted:
The Committee on Counties and County Matters moves to amend SB 193 by eliminating the period at the end of Section 2 and by insert. ing in lieu thereof a comma and the following language: "provided that the effective date of the provisions of this Act shall be January 1, 1957, and provided that any member of any such Board of Commissioners who is a director, officer, or employee of any eligible county depository shall not be eligible to vote on the designation of a county depository."
The Committee on Counties and County Matters moves to amend SB 193 by adding the following phrase to the caption: "to provide effective date of the Act as January 1, 1957 and to prohibit any member of the Board of Commissioners who is a director, officer, employee of an eligible county depository from voting on the designation. of a county depository."

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 amended.

HB 722. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act regulating legal holidays 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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1035. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to create a traffic court 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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1023. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Atlanta, affecting civil service privileges, and for other purposes.

MONDAY, DECEMBER 7, 1953

1537

The report 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.

II H 993. By Messrs. Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb County Planning Commission, and for other purposes.
The following committee substitute was read and adopted:

A BILL
To be entitled an Act to amend an Act creating a Commissioner of Roads and Revenues for Cobb County and an Advisory Board, approved August 7, 1924 (Ga. Laws 1924, p. 314), as amended by an Act approved January 29, 1943 (Ga. Laws 1943, p. 892), and an Act approved March 6, 1945 (Ga. Laws 1945, p. 840). and an Act approved February 11, 1952 (Ga. Laws 1952, p. 2273) to provide that the Commissioner of Roads and Revenues and Advisory Board of Cobb County shall have the power and authority to control the use of public roads and highways located within Cobb County, Georgia, and the right of ways and appurtenances thereto; to prevent the use of such roads, highways, rights of ways and appurtenances thereto by any person, firm or corporation for any purpose except for vehicular or pedestrian traffic without permission of said Commissioner of Roads and Revenues and Advisory Board of Cobb County; to provide for the granting of such permits; to make a violation of this Act a misdemeanor; to provide that prior uses permitted shall not waive the requirements of this Act; to repeal all laws in conflict herewith, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.
That the Act creating a Commissioner of Roads and Revenues for Cobb County and an Advisory Board, approved August 7, 1924 (Ga. Laws 1924, p. 314), as amended, particularly by an Act approved January 29, 1943 (Ga. Laws 1943, p. 892), and an Act approved March 6, 1945 (Ga. Laws 1945, p. 840), and an Act approved February 11, 1952 (Ga. Laws 1952, p. 2273), is hereby amended by inserting a new section therein to be known as Section 9 (b) to read as follows:
"Section 9 (b): That in addition to the purposes for which the Ordinary and Clerk of the Superior Court shall serve and act in conjunction with the Commissioner of Roads and Revenues, hereinbefore set forth, said Commissioner of Roads and Revenues and Advisory Board of Cobb County is hereby authorized and empowered to control the use of public roads and highways within Cobb County, Georgia and the right of ways and appurtenances thereto; to prevent the use of such roads, highways, right of ways and appurtenances thereto by any person, firm or corporation for any purpose except for vehicular and pedestrian traffic without the permission of said Commissioner of Roads and Revenues and Advisory Board.

1638

JOURNAL OF THE HOUSE,
"The use of such highways, right of ways and appurtenances for billboards, posters, signs, advertisements, dumping of garbage, trash, refuse, dead animals, debris, commercial enterpnses, fruit stands, fireworks or other vending stands, chenille or other cloth products, laying or installing utility services, including poles, mains, lines, pipes, or the opening of ditches, trenches and holes therefor is hereby prohibited. Provided that the right and authority may be granted by said Commissioner of Roads and Revenues and Advisory Board upon such terms, uses, conditions as they, in their sole discretion, may deem advisable for the health, safety, convenience and welfare of the citizens of the said County. They may grant or refuse such permission, upon application therefor, and may revoke the same after grant thereof, in their discretion, with or without cause. The grant of the permission here provided for is hereby declared to be a privilege and not a right a:nd no person, firm or corporation shall acquire any right by virtue of the grant, in any manner, of such permission.
"The application for such permission must be submitted in writing, setting forth in detail the road or roads to be effected, the use sought, duration, purpose and other information that may be required by said Commissioner of Roads and Revenues and Advisory Board. Said permission, if granted, as provided above, shall be in writing and shall be subject to revocation with or without cause, and with or without notice. The action of the Commissioner of Roads and Revenues and Advisory Board, taken in regards to any application shall be placed upon the minutes of such board.
"Any permission prior to the effective date of the within Act, either in parol or writing may be changed, altered, amended, repealed or revoked in the discretion of said Commissioner of Roads and Revenues and Advisory Board, with or without notice or cause, so as to make effective the provisions of this Act."
"Any person, firm, corporation or any agent, servant, employee, officer or contractor for any person, firm or corporation who shall violate any provision, requirement, term or condition of this Section shall be guilty of a misdemeanor and upon conviction therefor shall be punished as provided for by law. Each day of such violation shall be construed to be a separate offense."
SECTION 2.
All laws or parts of laws in conflict with this Act are hereby repealed.
AFFIDAVIT OF PUBLISHER
GEORGIA, COBB COUNTY
BEFORE ME, an officer authorized to administer oaths, came Brooks P. Smith, Publisher of the Cobb County Times, who deposes and says that the following and attached notice of intention to apply for passage of a local bill, amending the Acts of the Legislature approved January 29, 1943, amended February 25, 1949, relating to the Cobb County Planning Commission, and the Act approved August 7, 1924, creating the office of Commissioner of Roads and Revenues for Cobb County, Georgia, to provide for the creation of the Cobb County Planning Commission, to define its powers, and to further provide that

MONDAY, DECEMBER 7, 1953

1539

the Advisory Board of Cobb County, Georgia, shall serve as the Governing Authority for zoning purposes and that the name "Advisory Board" shall be changed to "Cobb County Governing Authority"; and for other purposes, was published in the Cobb County Times in its editions of November 12, 19, 26, 1953:

T-771

NOTICE OF LOCAL LEGISLATION

To Whom It May Concern:

Notice is hereby given that a bill will be introduced at the November, 1953, Session of the General Assembly of Georgia, to amend the Acts of the Legislature approved January 29, 1943, as amended by the Act approved February 25, 1949, relating to the creation, establishment,
duties and powers of the Cobb County Planning Commission, and the Act approved August 7, 1924, creating the office of a single Commissioner of Roads and Revenues for Cobb County, Georgia, to provide for the creation of the Cobb County Planning Commission, to define its powers, and to further provide that the Advisory Board of Cobb County, Georgia, shall serve as the governing authority for zoning purposes,
and that the name "Advisory Board" shall be changed to the "Cobb County Governing Authority"; and for other purposes.

FRED D. BENTLEY, Representative

Cobb County, Georgia

11:12-19-26

Deponent further says that the Cobb County Times is a newspaper of general circulation in Cobb County, Georgia, is published weekly, and is the newspaper in which the sheriff's notices are published.

This 30th day of November, 1953.

/s/ Brooks P. Smith

Brooks P. Smith

Publisher, Cobb County Times

Sworn to and subscribed before me, this 30th day of November, 1953. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia (Seal)

My Commission Expires September 14, 1956

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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 996. By Messrs. Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act creatin~ ar> Advisory Board for Cobb County, and for other purposes. The following committee substitute was read and adopted .

1540

JOURNAL OF THE HOUSE,
A BILL
To be entitled an Act to amend an Act creating a Commissioner of Roads and Revenues for Cobb County and an Advisory Board, approved August 7, 1924 (Ga. Laws 1924, p. 314), as amended, particularly by an Act approved January 29, 1943 (Ga. Laws 1943, p. 892), and an Act approved March 6, 1945 (Ga. Laws 1945, p. 840), and an Act approved February 11, 1952 (Ga. Laws 1952, p. 2273) to provide that the Advisory Board of Cobb County shall serve and act with the Commissioner of Roads and Revenues for zoning purposes; to provide for making this Act effective and the date thereof; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION 1.
An Act creating a Commissioner of Roads ?.nd Revenues for Cobb County and an Advisory Board, approved August 7, 1924 (Ga. Laws 1924, p. 314), as amended, particularly by an Act approved January 29, 1943 (Ga. Laws 1943, p. 892), and an Act approved March 6, 1945 (Ga. Laws 1945, p. 840), and an Act approved February 11, 1952 (Ga. Laws 1952, p. 2273) is hereby amended by adding at the end of Section 9 of said Act a new section to be designated as Section 9 (a), said new section to read as follows:
"Section 9 (a): That in addition to the purposes for which the Ordinary and Clerk of the Superior Court shall serve and act in conjunction with the Commissioner of Roads and Revenues of Cobb County, hereinbefore set forth, said Commissioner of Roads and Revenues and Advisory Board of Cobb County is hereby authorized and empowered to make, adopt, promulgate, and from time to time, amend, extend and add to regulations effective in the limits of said county restricting height, number of stories, design and architecture, size and floor space, specifications and floor plans of buildings and structures, and the use, conditions of use, or occupancy of land for trade, industry, residence, recreation, transportation, agriculture, or any other purposes; to provide for county planning; to provide for the regulation of subdivision of land; and to establish set-back lines for buildings and structures along the streets, lands, avenues and roads, including power and authority to divide the county into districts of such number, shape and area as may be deemed best suited to carry out the purposes of zoning and the health and welfare of the said County; and within such districts they may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and structttres, and the use, conditions of use or occupancy of land; and in that case may adopt official zoning regulations including map or maps, indicating districts, and the regulations in one district may differ from those in other districts; they may receive and act upon all orders, resolutions, permits, rules and regulations, and any other action of any kind of the Cobb County Planning Commission, and may amend, change, approve, adopt or disapprove such actions of the Cobb County Planning Commission; and any such actions taken by the Commissioner of Roads and Revenues and Advisory Board of Cobb County shall be final subject only to the right of appeal to the Superior Court of Cobb County as provided by law.

MONDAY, DECEMBER 7, 1953

1541

SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
SECTION 3.
All of the provisions of this Act shall become effective on July 1, 1954, upon resolution adopted by the Commissior.er of Roads and Revenues and the Advisory Board of Cobb County prior to such date and not thereafter, putting such Act and also a companion Act (House Bill No. 997) into effect in Cobb County on such date, a certified copy of which resolution shall be filed with the Secretary of State prior to such date, and this Act shall be of no force and effect prior to such date.

AFFIDAVIT OF PUBLISHER.
GEORGIA, COBB COUNTY.
Before me, an officer authorized to administer oaths, came Brooks P. Smith, Publisher of the Cobb County Times, who deposes and says that the following and attached notice of intention to apply for passage of a local bill, amending the Acts of the Legislature approved January 29, 1943, amended February 25, 1949, relating to the Cobb County Planning Commission, and the Act approved August 7, 1924, creating the office of Commissioner of Roads and Rever.ues for Cobb County, Georgia, to provide for the creation of the Cobb County Planning Commission, to define its powers, and to further provide that the Advisory Board of Cobb County, Georgia, shall serve as the Governing Authority for zoning purposes and that the name "Advisory Board" shall be changed to "Cobb County Governing Authority"; and for other purposes, was published in the Cobb County Times in its editions of November 12, 19, 26, 1953.

"T-771

NOTICE OF LOCAL LEGISLATION

To Whomlt May Conc.ern:

Notice is hereby given that a bill will be introduced at the November, 1953, Session of the General A!:lsembly of Georgia, to amend the Acts of the Legislature approved January 29, 1943, as amended by the Act approved February 25, 1949, relating to the creation, establishment, duties and powers of the Cobb County Planning Commission, and the Act approved August 7, 1924, creating the office of a single Commissioner of Roads and Revenues for Cobb County, Georgia, to provide for the creation of the Cobb County Planning Commission, to define its powers, and to further provide that the Advisory Board of Cobb County, Georgia, shall serve as the governing authority for zoning purposes, and that the name "Advisory Board" shall be changed to "Cobb County Governing Authority"; and for other purposes.

FRED D: BENTLEY, Representative

Cobb County, Georgia

11-12-19-26"

Deponent further says that the Cobb County Times is a newspaper

1542

JOURNAL OF THE HOUSE,

of general circulation in Cobb County, Georgia, is published weekly, and is the newspaper in which the sheriff's notices are published.
This 30th day of November, 1953.
!Sf Brooks P. Smith, Brooks P. Smith, Publisher Cobb County Times.
Sworn to and subscribed before me, this 30th day of November, 1953. IS/ Fred D. Bentley, Notary Public, Cobb County, Ga.

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 117, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 997. By Messrs. Bentley and Smith of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb County Planning Commission, and for other purposes.
The following committee substitute was read and adopted:

A BILL
To be entitled an Act to amend an Act creating the Cobb County Planning Commission, approved January 29, 1943 (Ga. Laws 1943, p. 902), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1499) and an Act approved February 27, 1953 (Ga. Laws 1953, January-February Session, p. 2788), so as to provide for final zoning authority in the Commissioner of Roads and Revenues and Advisory Board of Cobb County; to provide procedure connected with the foregoing; to repeal provisions of said acts relating to the establishments of zones or districts and to provide for the manner in which such zones or districts may be established; to provide for appeal; to provide for making this Act effective and the date thereof; to repeal conflictinglaws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR-
GIA AS FOLLOWS:

SECTION 1.
That the Act creating the Cobb County Planning Commission and defining its powers and duties, approved January 29, 1943 (Ga. Laws 1943, p. 902), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1499), and an Act approved February 27, 1953 (Ga. Laws 1953, January-February Session, p. 2788), be and the same are hereby amended by striking Section 11 thereof including Sections or subsections 11 (a) and 11 (b) in its or their entirety and inserting in lieu thereof a new Section 11 with designated sub-sectiOns to read as follows:
"Section 11 (a): In addition to all other powers, said Commission is hereby authorized and empowered to make, adopt, promulgate, and

MONDAY, DECEMBER 7, 1953

1543

from time to time, amend, extend and add to regulations effective in the limits of said County restricting height, number of stories, tlesign and architecture, size and floor space, specifications and floor plan of buildings and other structures, and the use, conditions of use, or occupancy of land for trade, industry, residence, recreation, transportation, agriculture, or any other purposes; to provide for County planning; to provide for the regulation of subdivision of land; and to establish setback lines for buildings and structures along the streets, lands, avenues and roads, including power and autoority to divide the County into districts in such number, shape and ar~a as may be deemed best suited to carry out the purposes of this Act; and within such districts they may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and structures, and the use, conditions of use or occupancy of land; and in that case may adopt official zoning regulations including map or maps, indicating the districts, and the regulations in one district may differ from those in other districts.
"Section 11 (b): Be it further enacted that said Commission shall have the right to establish zones or districts in said county, and that said Commission shall have the authority to zone or re-zone any tract or parcel of land located in any zone or district so established by said Commission.
"Section 11 (c): Any other provisions of this Act to the contrary notwithstanding, all orders, resolutions, rules and regulations, and any other action of any kind of the Cobb County Planning Commission, shall be advisory only, and shall be subject to amendment, change, approval, adoption, or disapproval by the Commissioner of Roads and Revenues and Advisory Board of Cobb County, and the acts and doings .of said Cobb County Planning Commission shall not be final until adopted by said Commissioner of Roads and Revenues and Advisory Board of Cobb County."

SECTION 2.
;Said Act is further amended by striking Sections 12 (a), 12 (b) and 12 (c) of same in their entirety and inserting in lieu thereof a new :Section 12 (a) and a new Section 12 (b) to read as follows:
!'Section 12 (a): The Cobb County Planning Commission shall report in writing to the Commissioner of Roads and Revenues and Advisory Board of Cobb County, within five (5) days, all orders, resolu.ti,on~ .rules and regulations, and any other action relating to any appli. cation recommended by said Commission.
"Section 12 (b): The original applicant, or any person or persons, severally or jointly, who own lands abutting the highway upon which :is situated :the parcel or tract of land zoned or re-zoned within a radius of one ('1) mile thereof, and within said zone, aggrieved by any decision of the Commissioner of Roads and Revenues and Advisory Board of ,-cobb County, or any official charged with the enforcement of any order, -.requirement or decision of said Commissioner of Roads and Revenues and Advisory Board may take an appeal to the Superior Court, within twenty (20) days and shall be entitled to a jury trial at the next term thereof:-as 'in other cases, which shall also be a de novo proceeding."

1544

JOURNAL OF THE HOUSE,
SECTION 3.
That all other sections and provisions of said Acts, as heretofore amended, as set forth above, other than those herein repealed or amended are hereby re-enacted, ratified and affirmed, and all laws or parts of laws in conflict with same are hereby repealed.
SECTION 4.
All of the provisions of this Act shall become effective on July 1, 1954, upon resolution' adopted by the Commissioner of Roads and Revenues and the Advisory Board of Cobb County prior to such date and not thereafter, putting such Act and also a companion Act (House Bill No. 996) into effect in Cobb County on such date, a certified copy of which resolution shall be filed with the Secretary of State prior to such date, and this Act shall be of no force and effect prior to such date.

AFFIDAVIT OF PUBLISHER.
GEORGIA, COBB COUNTY.
Before me, an officer authorized to administer oaths, came Brooks P. Smith, Publisher of the Cobb County Times, who deposes and says that the following attached notice of intention to apply for passage of a local bill, amending the Acts of the Legislature approved January 29, 1943, amended February 25, 1949, relating to the Cobb County Planning Commission, and the Act approved August 7, 1924, creating the office of Commissioner of Roads and Revenues for Cobb County, Georgia, to provide for the creation of the Cobb County Planning Commission, to define its powers, and to further provide that the Advisory Board of Cobb County, Georgia, shall serve as the Governing Authority for zoning purposes and that the name "Advisory Board" shall be changed to "Cobb County Governing Authority"; and for other purposes, was published in the Cobb County Times in its editions of November 12, 19, 26, 1953.

"T-771

NOTICE OF LOCAL LEGISLATION

To Whom It May Concern:

Notice is hereby given that a bill will be introduced at the November, 1953, Session of the General Assembly of Georgia, to amend the Acts of the Legislature approved January 29, 1943, as amended by the Act approved February 25, 1949, relating to the creation, establishment, duties and powers of the Cobb County Planning Commission, and the Act approved August 7, 1924, creating the office of a single Commissioner of Roads and Revenues for Cobb County, Georgia, to provide for the creation of the Cobb County Planning Commission, to define its powers, and to further provide that the Advisory Board of Cobb County, Georgia, shall serve as the governing authority for zoning purposes, and that the name "Advisory Board" shall be changed to "Cobb County Governing Authority"; and for other purposes.

FRED D. BENTLEY, Representative

Cobb County, Georgia

11-12-19-26"

MONDAY, DECEMBER 7, 1953

1545

Deponent further says that the Cobb County Times is a newspaper of General circulation in Cobb County, Georgia, is published weekly, and is the newspaper in which the sheriff's notices are published.
This 30th day of November, 1953.
Is/ Brooks P. Smith, Brooks P. Smith, Publisher Cobb County Times.
Sworn to and subscribed before me, this 30th day of November, 1953.
/s/ Fred D. Bentley Notary Public, Cobb County, Ga.

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 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, all bills and resolutions passed today were ordered immediately transmitted to the Senate.
By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees :

SR 96. By Senator Adams of the 12th:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Stewart County, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

SB ~49. By Senator Walker of the 45th:
A Bill to be entitled an Act to require the Chief of the Fire Department of every city having a Fire Department, the Mayor of towns having no Fire Department, and the Sheriff of each county in unincorporated areas to investigate every fire or explosion by which property to the value of $250.00 is damaged or destroyed or where the loss of human lives occur and to make a report to the State Fire Marshal, etc., and for other purposes.
Referred to the Committee on Insurance.
SB 189. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to require that every driver of a motor vehicle upon the public streets, roads, and highways within the State of Georgia must have liability insurance coverage; and for other purposes.
Referred to the Committee on Insurance.
SB 218. By Senator Stoddard of the 5oth:
A Bill to be entitled an Act to amend an Act relating to mechanics'

1546

JOURNAL OF THE HOUSE,

lien on personalty, so as to provide that such lien may be foreclosed by surrendering possession of the property, and for other purposes.
Referred to the Committee on General Judiciary # 1.

SB 238. By Senator Millican of the 52nd:
A Bill to be entitled an Act for the pension rights of county employees, county school district employees and teachers and employees of the largest city located in whole or in part in counties of 300,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.

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 1036. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of East Point, and for other purposes.

By unanimous consent, the following bill of the Senate was withdrawn from the Committee on Corporations, read the second time and recommitted to the Committee on Corporations:

SB 178. By Senator Wilkes of the 53rd:
A Bill to be entitled an Act to empower private corporations to make donations, and for other purposes.

By unanimous consent, the following bill of the Senate was withdrawn from
the Committee on General Judiciary # 2, read the second time and recommitted to the Committee on General Judiciary # 2:

SB 172. By Senator Parker of the 38th:
A Bill to be entitled an Act to amend an Act relating to who may be examined on interrogatories, and for other purposes.

Mr. Turner of DeKalb 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 bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

HB 1036. Do Pass.

Respectfully submitted,

Turner of DeKalb,

Vice-Chairman.

MONDAY, DECEMBER 7, 1953

1541

Under the regular order of business, the following resolution of the House was again taken up for consideration:

HR 104-337h. By Messrs. Hand of Mitchell and Smith of Emanuel:
A Resolution proposing a constitutional amendment providing for optional methods of selecting the members of the county boards of education, and for other purposes.

By unanimous consent, further consideration of HR 104-337h was postponed . until tomorrow, December 8, 1953, immediately following the period of unanimous consent.
The Special Committee appointed to study and determine whether certain local constitutional amendments were local in nature reported that the following resolution of the Senate was, in their opinion, not local, and the resolution was ordered placed on the General Calendar:

SR 87. By Senator Millican of the 52nd:
A Resolution proposing a constitutional amendment providing for the trial of violations of the traffic laws of the state in the Police Court of the City of Atlanta, and for other purposes.

By unanimous consent, the following resolution of the House was withdrawn from further consideration:

HR 287-916b. By Mr. Tallant of Cherokee:
A Resolution proposing a constitutional amendment providing for the merger of the Canton School System and the Cherokee County School System, 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 302-957a. By Messrs. Willis and Chastain of Thomas:

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 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 Thomasville and the existing School District of Thomas County lying outside the corporate limits of said city, into one School District coextensive with the limits of said county; to increase the maximum tax millage from fifteen to twenty mills; to provide for the termination of the term of office of the existing Thomas County School Superintendent on July 1, 1955, and for the appointment by Thomas County Board of Education of one or more Superintendents; to provide for an election; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR-
GIA AS FOLLOWS:

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JOURNAL OF THE HOUSE,
SECTION 1.
Article VIII, Section V, Paragraph I, of the Constitution of the State of Georgia, relating to county boards of education, be amended so as to add at the end thereof the following:
"The General Assembly of Georgia is authorized to pass a special Act or Acts to merge the existing independent school system of the City of Thomasville and the existing school district of Thomas County lying outside the corporate limits of said city, into one school district coextensive with the limits of Thomas County, which shall be known as THOMAS COUNTY SCHOOL SYSTEM. The existing independent school system of the City of Thomasville and the existing school district of Thomas County lying outside the corporate limits of said city are abolished. Thomas County School System shall constitute a political subdivision of the State of Georgia, separate from the political entities of the City of Thomasville and Thomas County.
"Thomas County School System is authorized to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing, improving and equipping school buildings and facilities, and for acquiring the necessary property therefor.
"Thomas County School System is 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.
"Thomas County shall be divided into seven school areas as follows:
"School Area Number One shall include all the land lying within the boundaries of Georgia Militia Districts 1508 (Meigs), 1227 (Ochlocknee), and 1648 (Ellabelle), as now organized.
"Sehool Area Number Two shall include all of the land lying within the boundaries of Georgia Militia Districts 1212 (Coolidge), 1583 (Pavo), and 1614 (Merrilville), as now organized.
"School Area Number Three shall include all of the land lyinP," within the boundaries of Georgia Militia Districts 754 (Boston), 1683 (Barwick), and 763 (Ways), as now organized.
"School Area Number Four shall include all of the land lying within the boundaries of Georgia Militia Districts 1282 (Metcalfe) and 637 (Th:>masville), as now organized, except that portion whieh lies within the corporate limits of the City of Thomasville as now existing and later extended.
"School Area Number Five shall include all of the land lying within the boundaries of the corporate limits of the City of Thomasville as n,.,w e'Cisting anrl later extended.
"The administration of Thomas C'nuntv Schronl Svstem shall be vested in a board to be known as THOMAS COUNTY BOARD OF EDUCATION. Said board shall c:msist of seven members. One member shall reside in School Area Number One; one member !<hall reside in School Area Number Two; one member shall reside

MONDAY, DECEMBER 7, 1963

1649

in School Area Number Three; one member shall reside in School Area, Number Four; and three members shall reside in School Area Number Five.
"Upon ratification of this amendment by the qualified voters of Thomas County and enactment by the General Assembly of Georgia of enabling legislation, the Board of Commissioners for the City of Thomasville shall appoint from School Area Number Five, one member of said board to serve through December 31, 1956, and two members of said board to serve through December 31, 1958; and the Commissioners of Roads and Revenues of Thomas County shall appoint from School Area One through Four, two members of said board to serve through December 31, 1956, and two members of said board to serve through December 31, 1958. Except in case of vacancies, the successor to each member of said board shall be elected in the year in which the term of office of said member will expire and at the same time and in the same manner as members of the General Assembly of Georgia are elected. The term of office of each member of said board elected by the people shall be for four years beginning with the first day of J anuary following his election. Each member of said board shall serve until his successor is elected and qualified. Vacancies in the membership of said board shall be filled for the unexpired term by the remaining members of said board. No person shall be eligible to hold office as a member of said board who has not resided continuously in Thomas County for a peril:>d of two years immediately preceding his election, who is not of good moral character, who is not favorable to the common school system, or who is not a qualified voter to vote for members of the General Assembly. The qualified voters of Thomas County shall be authorized to vote for the election of all members of said board.
"The existing Thomas County Board of Education shall continue to manage and operate the school system under its jurisdiction until the 30th day of June, 1955, at midnight, at which time said board shall be abolished. The existing Board of Education of the City of Thomasville shall continue to manage and operate the school system under its jurisdiction until the 30th day of June, 1956, at midnight, at which time said board shall be abolished. From the ratification of this amendment to the 30th day of June, 1955, at midnight, the new Thomas County Board of Education appointed under this amendment shall have power and authority to do any and all acts which may be necessary or proper in preparation for the operation of a merged school system from and after the 30th day of June, 1955, at midnight. The new Thomas County Board of Education created by this amendment shall operate a school system coextensive with the limits of Thomas County from and after the 30th day of June, 1955, at midnight.
"The General Assembly is authorized to pass such laws as may be necessary to the operation, conduct and control of said Thomas 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 Thomas County School System to contract and be contracted with, to sue and be sued, and to do all and every act or acts necessary for the proper maintenance of a comprehensive school system throughout the limits of Thomas County, and to effectuate the purposes of this amendment. Noth-

.1550

JOURNAL OF THE HOUSE,
ing, however, in this amendment, nor in the Act or Acts of the General Assembly pursuant to this amendment, shall waive the governmental immunity of Thomas County School System.
"The General Assembly may authorize the City of Thomasville and the County of Thomas to appropriate money from their general funds to Thomas County School System for educational purposes.
"The General Assembly may grant to Thomas County School System all the powers of eminent domain with all the remedies to execute such powers provided by any and all provisions of the Constitution and laws of Georgia.
"The property of the independent school system of the City of Thomasville and the property of the school district of Thomas County lying outside the corporate limits of said city shall become the property of Thomas County School System.
"From and after the 1st day of July, 1955, the term of office of the existing Thomas County School Superintendent shall be abolished, and the voters of Thomas County shall no longer elect a county school superintendent. Thomas County Board of Education shall appoint one or more superintendents for such period of time as said board shall deem advisable. Such superintendent or superintendents shall have such qualifications as shall be fixed by law and by said board, except that it shall not be necessary for said superintendent or superintendents to be residents of Thomas County or the State of Georgia.
"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 Thomas 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.
"On and after the 1st day of January, 1955, the fiscal authorities of Thomas County shall levy a tax for the support and maintenance of Thomas County School System of not greater than twenty (20) mills (as recommended by Thomas County Board of Education) upon the dollar of all taxable property in the county, and said tax shall be uniform throughout the county; and on and after that date the City of Thomasville shall cease to levy a tax for school purposes. All school taxes levied before the 1st day of July, 1955, but collected after that date, by Thomas County or the City of Thomasville shall be paid to Thomas County School System.
"The property located within the corporate limits of the City of Thomasville shall not be subject to taxation for the payment of bonds authorized or issued for school purposes before the 1st day of July, 1955, by Thomas County or Thomas County Board of Education.

MONDAY, DECEMBER 7, 1953

1551

"Thomas County School System shall have authority to assume all debts, contracts, and other obligations of the Board of Education of the City of Thomasville and of the existing Thomas County Board of Education.
"The General Assembly may from time to time enact special Acts amending the Act or Acts enacted pursuant to this amendment.
"Thomas County School System shall be entitled to its prorated portion of all educational funds now or hereafter provided by the State of Georgia and by the United States for educational purposes.
"The provisions of this constitutional amendment shall not be self-executing and shall require enabling legislation by the General Assembly before they become effective.
"None of the preceding provisions of this Amendment to Article VIII, Section V, Paragraph I, of the Constitution shall become effective and the existing independent school system of the City of Thomasville and the existing school district of Thomas County lying outside the corporate limits of said city, shall not be merged thereunder unless approved in an election by the voters under the procedure hereinafter described. Not less than five nor more than ten days after the ratification of this amendment, the Ordinary of Thomas County shall issue the call for an election to be held for the purpose of determining whether the preceding provisions of this amendment, relating to the merger of the existing independent school system of the City of Thomasville and the existing school district of Thomas County lying outside the corporate limits of said city, shall become effective. The date of the election shall be set by the Ordinary so that it shall be held on a day not less than twenty nor more than thirty days from the date of the issuance of the call thereof. The Ordinary shall have the date of the election and the purpose thereof published once a week for two weeks preceding the date thereof in the official organ of Thomas County. The ballots in such election shall have written or printed thereon the following:
"For approval of the merger of the existing Independent School System of the City of Thomasville and the existing School District of Thomas County lying outside the corporate limits of said city, under the provisions of a constitutional amendment relating thereto which was ratified at the last general election.
"Against approval of the merger of the existing Independent School System of the City of Thomasville and the existing School District of Thomas County lying outside the corporate limits of said city, under the provisions of a constitutional amendment relating thereto which was ratified at the last general election.
"The electors of Thomas County qualified to vote for members of the General Assembly shall be eligible to vote in said election, but the votes of those person residing within the corporate limits of the City of Thomasville and the votes of those persons residing outside the corporate limits of the City of Thomasville shall be counted separately, and it shall be necessary that a majority of those persons residing within the corporate limits of the City

1552

JOURNAL OF THE HOUSE,
of Thomasville voting in such election, vote for approval of such merger, and a majority of those persons residing outside the corporate limits of the City of Thomasville voting in such election, vote for approval of such merger before the provisions of this constitutional amendment relating thereto become effective. If a majority of those persons voting in such election in each of the aforesaid areas do not vote for approval of such merger, the said provisions of this constitutional amendment shall not be effective and no merger of the existing independent school system of the City of Thomasville and the existing school district of Thomas County lying outside the corporate limi~s of said city shall be made thereunder. The Ordinary shall hold and conduct the election in the territory outside the corporate limits of the City of Thomasville, and the person or persons who hold and conduct elections in said City of Thomasville shall hold and conduct the election within the corporate limits thereof. It shall be the duty of such person or persons to convass the returns of said election within the corporate limits of the City of Thomasville, ascertain the results thereof and certify the results thereof to the Ordinary. It shall be the duty of the Ordinary to canvass the returns of said election outside the corporate limits of the City of Thomasville, ascertain the results thereof and certify the results thereof. It shall be the duty of the Ordinary to certify such results in both of the aforesaid areas to the Secretary of State. The expense of the aforesaid election shall be borne equally by the City of Thomasville and the County of Thomas."
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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution, so as to authorize the General Assembly to pass legislation merging the existing Independent School System of the City of Thomasville and the existing School District of Thomas County lying outside the corporate limits of said city; providing for an elective school board; providing for the termination of the term of office of the present County School Superintendent and the appointment of one or more School Superintendents by said board; to increase the maximum tax rate for operation and maintenance of schools to twenty (20) mills; and to provide for an election before such provisions of the amendment to the Constitution become effective.
"Against ratification of amendment to the Constitution, so as to authorize the General Assembly to pass legislation merging the existing Independent School System of the City of Thomasville and the ex-

MONDAY, DECEMBER 7, 1953

1553

isting School District of Thomas County lying outside the corporate limits of said city; providing for an elective school board; providing for the termination of the term of office of the present County School Superintendent and the appointment of one or more School Superintendents by said board; to increase the maximum tax rate for operation and maintenance of schools to twenty (20) mills; and to provide for an election before such provisions of the amendment to the Constitution become effective."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and 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 Adams of Evans Adams of Upson Alexander Ayers
Barber of Colquitt Barber of Jackson Baughman Birdsong Black Blackburn Bloodworth BoggUs Bolton Brannen Brantley Bray
Brazeal Britton Buie Callier Campbell of Oconee Campbell of Walker Carswell Chastain Cheatham Clary Cloud

Coker Connell Coogle Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Drinkard Dunaway Duncan Durham Edenfield Edwards Floyd Fowler Frier Gardner Garrard Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp

Grimsley Groover of Bibb Groover of Troup Gunter Hall Hamilton Harper Harrell Harrison of Jenkins Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Hopkins
Horne Huddleston Hughes Ingle Ivey
Jackson Jessup Johnson Jones of Worth Jordan of Gwinnett

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JOURNAL OF THE HOUSE,

Land Lanier Layton Little Lokey
Lovett McCracken McGarity Matthews Mauldin Mincey
Moate Mobley Moore of Pickens Moore of White Moses Moye Murphey of Crawford Murphy of Haralson
Murr Nelson

Nightingale
Otwell Parker Perkins Phillips of Columbia Pickard Potts Ray Register Russell Rutland Sipple of Chatham Smiley Smith of Cobb Hoke Smith of Fulton M. M. Smith of Fulton Stocks Swindle Tallant Tamplin Tarbutton

Tarpley Terrell Todd Trapnell
Tumlin Turk Turner Twitty Upshaw Veal Wardlow Watson Weems White Whitener Wiggins Williams of Bulloch Williams of Tift Wooten Young

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

On the adoption of the resolution, the ayes were 156, nays 0.

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

HR 308-985c. By Messrs. McKenna, Harris and Groover of Bibb:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VI, Section XVII, Paragraph 1 of the Constitution of Georgia, so as to authorize the General Assembly of Georgia to delegate to the County Board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern; to reasonably vary or permit reasonable variation in the application of such powers in and for different areas of Bibb County according to the need of such area and the welfare of its inhabitants; to provide for the submission of the amendment for ratification; and for other purposes.
BE IT RESOLVED by the General Assembly of the State of Georgia, and it is so resolved as follows:

Section 1.
That Article VI, Section XVII, Paragraph I of the Constitution of Georgia, as the same may have heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit:

Section 1.
"The General Assembly shall have power to delegate to the County Board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern and to reasonably vary or to permit

MONDAY, DECEMBER 7, 1953

1555

the County Board of Commissioners for the County of Bibb to reasonably vary the application of such powers in and for different areas of Bibb County according to the need of such area and the welfare of its inhabitants."
Section 2.
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 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 amendment of Article VI, Section XVII, Paragraph I of the Constitution authorizing the General Assembly to delegate to the County Board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern, and to vary or permit variation in the application of such powers in and for different areas of Bibb County," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words "Against ratification of Article VI, Section XVII, Paragraph I of the Constitution authorizin~r the General Assembly to delegate to the County Board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern, and to vary or permit variation in the application of such powers in and for different areas of Bibb County." 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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.
GEORGIA FULTON COUNTY
Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn, depose and say:
That they, and each of them, are Representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented by said bill, and which notice is attached hereto and made a part hereof, was published in the Macon News, which is the official organ of Bibb County, Georgia and is the newspaper in which the Sheriff's advertisements for Bibb County are published, on October 23rd, October 30th and November 6th, 1953.
Is/ Andrew W. McKenna /sf John B. Harris, Jr. /sf Denmark Groover, Jr.
Sworn to and subscribed before me, this the 25 day of November, 1953. Is I Janette Hirsch Notary Notary Public, Fulton County, Georgia My Commission Expires Oct. 7, 1956 Seal affixed.

1556

JOURNAL OF THE HOUSE,

STATE OF GEORGIA COUNTY OF BffiB
Personally appeared before me, a Notary Public within and for the above State and County, Florence J. Scott who deposes and says she is checking clerk for The Macon News and is duly authorized by the Publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates.
October 23, 1953 October 30, 1953 November 6, 1953
Signed Florence J. Scott Sworn to and subscribed to before me this 11th day of November, 1953. Is I Anna J. Harris Notary Public, Bibb County, Georgia. Seal affixed.

PUBLIC NOTICE
Please take notice of the intention of the County Board of Commissioners for the County of Bibb to apply for passage and approval, at the next meeting of the General Assembly of Georgia, of legislation, affecting Bibb County, as follows:
(1) An Act to repeal the pension laws affecting Bibb County employees (Ga. Laws 1949, page 1371, and as amended), preserving, however, the vested rights of employees in such pension laws;
(2) An Act to authorize the inclusion of Bibb County employees within the coverage of the Federal Social Security system, and, in connection therewith, authority to Bibb County to make contract commitments, contributions and payments, including assurance fund deposits and payments necessary to secure past service credits;
(3) An Act to establish a pension plan for Bibb County employees and to authorize Bibb County to make contributions in connection therewith;
(4) An Act to amend an Act of the General Assembly of Georgia (Ga. Laws 1949, Page 91) so as to increase the compensation of persons presiding in lieu of or in addition to the Judge of the City Court of Macon from $10.00 to $20.00 per day and, where such person is a non-resident of Bibb County to authorize payment, in the discretion of the County Commissioners, of expense actually incurred by such person in so presiding;
(5) An Act to regulate or to authorize the governing authority of Bibb County to regulate and enforce or to enforce regulations promulgated by the Macon-Bibb County Zoning and Planning Commission, concerning standards and conditions for the planning, construction, drainage, surfacing and maintenance of roads in private sub-divisions intended for public use or the common use of lot owners in such subdivisions; to authorize the requirement of deposits or contract commitments concerning such matters and to provide means and methods for enforcement and for punishment of violators;
(6) A Constitutional Amendment to authorize the General As-

MONDAY, DECEMBER 7, 1953

1557

sembly of Georgia, from time to time, to delegate to the governing authority of Bibb County legislative powers and functions.
(7) A Constitutional Amendment increasing and changing the personnel and powers of the Macon-Bibb County Board of Health, and providing means and methods for enforcement and punishment for violators;
(8) A Constitutional Amendment to authorize the governing authorities of Bibb County to establish building, electrical, and plumbing regulations for that portion of the county lying outside of the corporate limits of the City of Macon, to vary such regulations in different localities in such portion of the county, and either separately or in conjunction with the City of Macon and/or the Macon-Bibb County Board of Health and/or the Macon-Bib)> County Zoning and Planning Commission, to establish methods and provide personnel for enforcement of such regulations or any of them, and to provide means for prosecution and punishment of violations of such regulations or any of them.
Marvin L. Newberry, Clerk, County Board of Commissioners for the County of Bibb.

The following substitute to HR 308-985c, offered by Messrs. McKenna, Harris, and Groover of Bibb, was read and adopted:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VI, Section XVII, Paragraph I of the Constitution of Georgia, so as to authorize the General Assembly of Georgia to delegate to the County Board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern; to reasonably vary or permit reasonable variation in the application of such powers in and for different areas of Bibb County according to the need of such area and the welfare of its inhabitants; to provide that the powers delegated shall be restricted to traffic problems and to the exercise of police powers affecting the security of Bibb County and of its inhabitants: to provide for the submission of the amendment for ratification; and for other purposes.
BE IT RESOLVED by the General Assembly of the State of Georgia, and it is so resolved as follows:

Section 1.
That Article VI, Section XVII, Paragraph I of the Constitution of Georgia, as the same may have heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit:
"The General Assembly shall have power to delegate to the County Board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern and to rea~onably vary or to permit the County Board of Commissioners for the County of Bibb to reasonably vary the application of such powers in and for different areas of Bibb County lying outside the corporate limits of Macon according to

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JOURNAL OF THE HOUSE,

the need of such area and the welfare of its inhabitants; provided that the powers delegated shall be restricted to traffic problems and to the exercise of police powers affecting the security of Bibb County and of its inhabitants.
Section 2.
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 the law and submitted to the qualified voters 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 amendment of Article VI, Section XVII, Paragraph I of the Constitution authorizing the General Assembly to delegate to the County Board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern, and to vary or permit variation in the application of such powers in and for different areas of Bibb County, lying outside the corporate limits of Macon, provided that the powers so delegated shall be restricted to traffic problems and to the exercise of police powers affecting the security of Bibb County and of its inhabitants,'' and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words "Against ratification of amendment of Article VI, Section XVII, Paragraph I of the Constitution authorizing the General Assembly to delegate to the County Board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern, and to vary or permit variation in the application of such powers in and for different areas of Bibb County lying outside the corporate limits of Macon, provided that the powers so delegated shall be restricted to traffic problems and to the exercise of police powers affecting the security of Bibb County and of its inhabitants." 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 result and certify the result to the Governor who shall,. if such amendment be ratified, make proclamation thereof.
GEORGIA FULTON COUNTY
Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn, depose and say:
That they, and each of them, are Representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented by said bill, and which notice is attached hereto and made a part hereof, was published in the Macon News, which is the official organ of Bibb County, Georgia and is the newspaper in which the Sheriff's advertisements for Bibb County are published, on October 23rd, October 30th and November 6th, 1953.
Is/ Andrew W. McKenna /s/ John B. Harris, Jr. Is/ Denmark Groover, Jr.

MONDAY, DECEMBER 7, 1953

1559

Sworn to and subscribed before me, this the 25 day of November, 1953.
/sf Janette Hirsch Notary Notary Public, Fulton County, Georgia. My Commission Expires Oct. 7, 1956. Notarial seal affixed

STATE OF GEORGIA COUNTY OF BIBB
Personally appeared before me, a Notary Public within and for above State and County, Florence J. Scott who deposes and says she is checking clerk for The Macon News and is duly authorized by the Publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates.
October 23, 1953 October 30, 1953 November 6, 1953
Signed Florence J. Scott. Sworn to and subscribed to before me this 11th day of November, 1953. Is/ Anna J. Harris Notary Public, Bibb County, Georgia. Notarial seal affixed.

PUBLIC NOTICE
Please take notice of the intention of the County Board of Commissioners for the County of Bibb to apply for passage and approval, at the next meeting of the General Assembly of Georgia, of legislation, affecting Bibb County, as follows:
(1) An Act to repeal the pension laws affecting Bibb County employees (Ga. Laws 1949, page 1371, and as amended) preserving, however, the vested rights of employees in such pension laws;
(2) An Act to authorize the inclusion of Bibb County employees within the coverage of the Federal Social Security system, and, in connection therewith, authority to Bibb County to make contract commitments, contributions and payments, including assurance fund deposits and payments necessary to secure past service credits;
(3) An Act to establish a pension plan for Bibb County employees and to authorize Bibb County to make contributions in connection therewith;
(4) An Act to amend an Act of the General Assembly of Georgia (Ga. Laws 1949, Page 91) so as to increase the compensation of persons presiding in lieu of or in addition to the Judge of the City Court of Macon from $10.00 to $20.00 per day and, where such person is a nonresident of Bibb County to authorize payment, in the discretion of the County Commissioners, of expense actually incurred by such person in so presiding;
(5) An Act to regulate or to authorize the governing authority of Bibb County to regulate and enforce or to enforce regulations promulgated by the Macon-Bibb County Zoning and Planning Commission, concerning standards and conditions for the planning, construction,

1560

JOURNAL OF THE HOUSE,

drainege, surfacing and maintenance of roads in private sub-divisions intended for public use or the common use of lot owners in such subdivisions; to authorize the requirement of deposits or contract commitments concerning such matters and to provide means and methods for enforcement and for punishment of violators;
(6) A Constitutional Amendment to authorize the General Assembly of Georgia from time to time, to delegate to the governing authority of Bibb County legislative powers and functions.
(7) A Constitutional Amendment increasing and changing the personnel and powers of the Macon-Bibb County Board of Health, and providing means and methods for enforcement and punishment for violators;
(8) A Constitutional Amendment to authorize the governing authorities of Bibb County to establish building, electrical, and plumbing regulations for that portion of the county lying outside of the corporate limits of the City of Macon, to vary such regulations in different localities in such portion of the county, and either separately or in conjunction with the City of Macon and/or the Macon-Bibb County Board of Health and/or the Macon-Bibb County Zoning and Planning Commission, to establish methods and provide personnel for enforcement of such regulations or any of them, and to provide means for prosecution and punishment of violations of such regulations or any of them.
Marvin L. Newberry, Clerk, County Board of Commissioners for the County of Bibb.

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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Adams of Evans Adams of Upson Alexander Ayers Barber of Colquitt Barber of Jackson Baughman Birdsong Black Blackburn Bloodworth Boggus Bolton Brannen Brantley Bray Brazeal Britton Buie Callier

Campbell of Oconee Campbell of Walker Carswell Chastain Cheatham Clary Cloud Coker Connell Coogle Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Drinkard Dunaway Duncan Durham

Edenfield Edwards Floyd Fowler Frier Gardner Garrard Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Grimsley Groover of Troup Gunter Hall Hamilton Harper
Harrell

MONDAY, DECEMBER 7, 1963

1661

Harrison of Jenkins
Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Hopkins Horne Huddleston Hughes Ingle Ivey Jackson Jessup
Johnson Jones of Worth Jordan of Gwinnett
Land Lanier Layton
Little Lokey Lovett McCracken McGarity

Matthews Mauldin Mincy Moate Mobley Moore of Pickens Moore of White Moses Moye Murphey of Crawford Murphy of Haralson Murr Nelson Nightingale Otwell Parker Perkins Phillips of Columbia Pickard Potts Ray Register Russell Rutland Sipple Smiley Smith of Cobb H. Smith of Fulton

M. Smith of Fulton Stocks Swindle Tallant Tamplin Tarbutton Tarpley Terrell Todd Trapnell Tumlin Turk Turner Twitty Upshaw Veal Wardlow Watson Weems White Whitener Wiggins
Williams of Bulloch Williams of Tift Wooten Young

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

On the adoption of the resolution, by substitute, the ayes were 166, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

HR 315-1001f. By Mr. Cowart of Stewart:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII of the Constitution, relating to education, so as to provide the procedure for consolidation of schools in Stewart County; 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.
Article VIII of the Constitution, relating to education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Stewart County shall- have the right, if in its opinion the welfare of the schools of the county and the best interest of the pupils require, and if the provisions of this section are followed, to consolidate two or more schools into one school to be

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JOURNAL OF THE HOUSE,
located by said Board at a place convenient to the pupils attending; the same, the school house to be located as near the center of the district or districts as possible. No consolidation shall become effective, however, until voted upon favorably by a majority o.f the voters voting in an election to be held for that purpose under the procedure as hereinafter provided. When a consolidation is decided upon, it shall be the duty of the Board to give notice to. the Ordinary of the county of intention of such consolidation, with the names and locations of the affected schools. It shall then be the duty of the Ordinary,, within ten days of such notice by the Board, to issue the call of an election to be held not less than fifteen nor more than thirty days from the date of such call. The date of such election and the purpose thereof, including the names of the schools affected. shall be published. in the official organ of the county once a week for two weeks immediately preceding the date of the election. Only those persons living in the attendance area of the affected schools, and who are qualified to vote for members of the General Assembly of Geo.rgia, shall be eligible to vote in this election. The votes in each area shall be counted separately and a majority of those persons voting in every affected attendance area must vote in favor of consolidation before it shall become effective. If a majority of those persons voting in one or more. affected attendance areas vote against consolidation, it shall not be effective, and no consolidation of any of the schools involved may be affected within a period of one year from the date of the election.. It shall be the duty of the Ordinary to canvass the ballots and certify the results of the election. It shall be the further duty of the Ordinary to certify such results to the State Board of Education and to the Secretary of State. The expense of the election shall be borne by the county. Provided, that no election for the purpose of conso.lidating a particular school district or districts shall be held more than once every twelve months."
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 branches 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 proposed amendment to be published as provided in Article XIII. Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said Paragraph 'If the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Constitution, so as to provide the procedure for the consolidation of schools in Stewart County.
"Against ratification of amendment to Constitution, so as to provide the procedure for the consolidation of schools in Stewart County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

MONDAY, DECEMBER 7, 1953

1563

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 result and 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 Adams of Evans Adams of Upson Alexander Ayers Barber of Colquitt Barber of Jackson Baughman Birdsong Black Blackburn Bloodworth Boggus Bolton Brannen Brantley Bray Brazeal Britton Buie Callier Campbell of Oconee Campbell of Walker Carswell Chastain Cheatham Clary Cloud Coker Connell Coogle Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Drinkard Dunaway Duncan Durham

Edenfield Edwards Floyd Fowler Frier
Gardner Garrard Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Grimsley Groover of Troup Gunter Hall
Hamilton Harper Harrell Harrison of Jenkins Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Hopkins Horne Huddleston Hughes Ingle Ivey Jackson Jessup
Johnson Jones of Worth Jordan of Gwinnett Land

Lanier Layton Little Lokey Lovett McCracken McGarity Matthews Mauldin Mincy
Moate Mobley Moore of Pickens Moore of White Moses Moye Murphey of Crawford Murphy of Haralson Murr Nelson Nightingale Otwell Parker Perkins Phillips of Columbia Pickard Potts Ray Register Russell Rutland Sipple Smiley Smith of Cobb H. Smith of Fulton M. Smith of Fulton Stocks
Swindle Tallant Tamplin Tarbutton Tarpley

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Terrell Todd Trapnell Tumlin Turk Turner Twitty

Upshaw Veal Wardlow Watson Weems White Whitener

Wiggins Williams of Bulloch Williams of Tift Wooten Young

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

On the adoption of the resolution, the ayes were 156, nays 0.

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

HR 317-1005a. By Messrs. Tumlin of Bartow and Upshaw of Bartow:

A RESOLUTION
Proposing to the qualified voters an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Bartow County by the people; to provide for the election of the County School Superintendent of Bartow County by the Board; to provide the procedure connected therewith; 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.
Article VIII, Section V, Paragraph I of the Constitution, relating to the county boards of education, is hereby amended by adding at the end thereof the following:
"Members of the Board of Education of Bartow County shall be elacted as hereinafter provided. For the purposes of this amendment Bartow County, excluding the Cartersville Independent School System, is hereby divided into ten education districts as follows: Adairsville, Cass Consolidated, Emerson, Euharlee, Kingston, Pine Log, Smithville, Stilesboro, Taylorsville and White.
"Said districts shall comprise such territory as is now established by the existing Board of Education of Bartow County, and within ten days after the ratification of this amendment by the people, as hereinafter provided, it shall be the duty of the Board of Education of Bartow County to file in the Office of the Ordinary of said county a plat, map or such other description as will sufficiently define the territorial limits of each of the school districts as hereinbefore provided. The qualified voters of Bartow County as a whole shall elect ten members to comprise the Bartow County Board of Education, each such member shall be voted on by the voters of the county at large, but one member of said Board shall be elected from e~1eh district as hereinbefore provided.
"Not later than ten days after the ratification of this amendment, it shall be the duty of the Ordinary of Bartow County to issue a call for an election for the purpose of electing the first members of the

MONDAY, DECEMBER 7, 1953

1566

Board of Education of Bartow County as created herein. The date of such election shall be set for a day not less than twenty nor more than thirty days from the date of the issuance of the call thereof. It shall be the duty of the Ordinary to publish the date of the election, the purpose thereof, and an explanation of the voting procedure by the Education Districts herein created, once a week for two weeks immediately preceding the date of the election in the official organ of Bartow County. Each member of said Board shall be elected for a term of four years and until his successor is duly elected and qualified, and said members qualify for their respective offices on January 1 next succeeding their election. In case of a vacancy on said Board by death, resignation, or from any cause other than the expiration of such member's term of office, the remaining members of the Board shall elect a successor who shall serVe the unexpired term. The present Board of Education of Bartow County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1954, and the term of office of the members of such Board shall expire on such date. The members of the Board of Education shall be citizens of the district which they are elected to represent, and shall be of good moral character, not less than twenty one years of age, and entitled to vote for members of the General Assembly. They shall each receive the sum of $20.00 for every meeting called for the transaction of official business, but in no event shall any one member receive more than $300.00 per year.
"The Board of Education of Bartow County shall, by a majority vote, elect a School Superintendent of Bartow County who shall serve at the pleasure of the Board. The compensation and qualifications of the Superintendent shall be as provided by law.
"The School Superintendent of Bartow County serving at the time of the ratification of this amendment shall serve until the expiration of the term for which he was elected but all future Superintendents shall be elected by the Board as provided heretofore."
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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Bartow County by the people, and the election of the County School Superintendent by the Board.
"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Educa-

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JOURNAL OF THE HOUSE,

tion of Bartow County by the people, and the election of the County School Superintendent by the Board."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.
The following committee amendment to HR 317-1005a was read and adopted:
The Committee on Amendments to the Constitution No. 1 moves to amend a new Section 1 to read as follows:

HR 317-1005a by striking in its entirety Section 1 and inserting in lieu thereof
A RESOLUTION
Article VIII, Section V, Paragraph I, of the Constitution, relating to the county boards of education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Bartow County shall be composed of five members to be elected as hereinafter provided. Any person, in order to be eligible for membership on said board, must reside in the county outside the area embraced within any independent school system, must be of good moral character, must be not less than twenty one years of age, and must be entitled to vote for members of the General Assembly.
"Not later than ten days after the ratification of this amendment, it shall be the duty of the Ordinary of Bartow County to issue the call for an election for the purpose of electing the first members of the Board of Education of Bartow County as provided herein. The date of such election shall be set for a day not less than twenty nor more than thirty days from the date of the issuance of the call thereof. It shall be the duty of the Ordinary to publish the date of the election, the purpose thereof, and a brief explanation of the voting procedure, once a week for two weeks immediately preceding the date of the election in the official organ of Bartow County. The two persons receiving the highest number of votes at such election shall be elected for a term of six years. The two persons receiving the next highest number of votes shall be elected for a term of four years. The person receiving the next highest number of votes shall be elected for a term of two years; provided, however, that not more than one member of the board shall be elected from any one militia district in said county and at no time shall more than one resident of any militia district serve on said board. The members elected at such election shall take office January 1, 1955, and their terms of office shall expire on December thirty-first of the last year of such term and until their successors are elected and qualified. The election for all future members of the Board shall be held at the same time as the general election for mem-

MONDAY, DECEMBER 7, 1953

1567

hers of the General Assembly and all future members shall take office on January one following their election. The terms of all future members shall be for six years and until their successors are elected and qualified. If at the election in 1954, or any future election for members of the Board, it should be ascertained that two persons from the same militia district receive enough votes so that ordinarily they would be elected to membership on the Board, only the resident of the militia district receiving the highest number of votes shall serve on the Board. Only those voters who reside in Bartow County outside the area embraced within any independent school system shall be eligible to vote for members of the Board, and the members of the Board shall be elected by the voters of such entire area outside any independent school system. In case of a vacancy on said Board by death, resignation, or any cause other than the expiration of term of office, the remaining members of the Board shall elect a successor who shall serve the unexpired term, but, in so electing, no person shall be elected who is a resident of any militia district of which one of the remaining members of the Board is a resident. The members of the Board shall each receive the sum of twenty dollars ($20.00) for every meeting called for the transaction of official business but in no event shall any member receive more than three hundred dollars ($300.00) in any one calendar year. The Board of Education of Bartow County in effect at the time of the ratification of this amendment, shall be abolished effective December 31, 1954, and the term of office of the members of such Board shall expire on such date.
"The Board of Education of Bartow County shall, by a majority vote, elect a school superintendent of Bartow County who shall serve at the pleasure of the Board. The compensation and qualifications of the Superintendent shall be as provided by law. The school superintendent of Bartow County serving at the time of the ratification of this amendment shall serve until the expiration of the term for which he was elected, but all future superintendents shall be elected by the Board as provided heretofore."

The report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.

On the adoption of the resolution, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Adams of Evans Adams of Upson Alexander Ayers Barber of Colquitt Barber of Jackson Baughman Birdsong Black
Blackburn Bloodworth Boggus Bolton Branneri

Brantley Bray Brazeal Britton
Buie Callier Campbell of Oconee Campbell of Walker Carswell Chastain Cheatham Clary Cloud Coker Connell

Coogle Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Drinkard Dunaway Duncan Durham Edenfield Edwards Floyd

1568

JOURNAL OF THE HOUSE,

Fowler Frier Gardner Garrard Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Grimsley Groover of Troup
Gunter Hall Hamilton Harper Harrell Harrison of Jenkins Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton Hopkins Horne Huddleston Hughes Ingle Ivey Jackson

Jessup Johnson Jones of Worth Jordan of Gwinnett Land Lanier Layton Little Lokey Lovett McCracken McGarity Matthews Mauldin Mincy Moate Mobley Moore of Pickens Moore of White Moses Moye Murphey of Crawford Murphy of Haralson
Murr Nelson Nightingale Otwell Parker Perkins Phillips of Columbia Pickard Potts Ray Register

Russell Rutland Sipple Smiley Smith of Cobb H. Smith of Fulton M. Smith of Fulton Stocks Swindle Tallant Tamplin Tarbutton Tarpley Terrell Todd Trapnell Tumlin Turk Turner Twitty Upshaw Veal Wardlow Watson Weems White Whitener Wiggins
Williams of Bulloch Williams of Tift Wooten Young

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

On the adoption of the resolution, as amended, the ayes were 156, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.

HR 320-1015b. By Messrs. Jordan and White of Gwinnett:

A RESOLUTION
Proposing to the qualified voters of Gwinnett County, Georgia, (under the provisions of Article 13, Section 1, Paragraph 1, as amended), an amendment to Article XI, Section 1 of the Constitution of the State of Georgia, so as to provide that the governing authority of Gwinnett County, may establish a water, sanitation, sewerage and fire protection district in Gwinnett County; may administer water, sanitation, sewerage and fire protection systems in said district; levy taxes, issue bonds and revenue certificates to operate, maintain and administer such district and systems; provide what property shall be taxed for such purposes; to provide for the appointment of a Water District Authority for said County, and fix the power and authority thereof; to fix the term of office, the salaries, powers and duties of

MONDAY, DECEMBER 7, 1953

1569

the members thereof; to provide a method for submission of this amendment to said voters for ratification; to provide for necessary ad...ertising of said proposed amendment; and for other purposes.

Section 1.
Be it resolved by the General Assembly of Georgia that Article XI, Section 1 of the Constitution of the State of Georgia shall be amended so as to add to said section a new paragraph, to read as follows:
"The governing authority of the County of Gwinnett is hereby given the authority and power to establish a water, sanitation, sewerage and fire protection district, comprising all the territory in Gwinnett County, and to establish and administer water, sanitation, sewerage and fire protection systems therein; to levy taxes or assessments on all property in said county therefor. Bonds may be issued for such purposes, and if issued, shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of Gwinnett County. Any other provision of this Constitution to the contrary, notwithstanding, 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 and any such bonds issued by said district shall not affect the amount of bonds Gwinnett County may issue under Article VII, Section VII, Paragraph I of the Constitution for other 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, either for the operation and maintenance of the systems, or for debt service. Provided further, the planning, construction and establishing of such systems may be financed in whole or in part by the issuance of revenue certificates.
The governing authority of said County of Gwinnett may appoint a Water District Authority, composed of three members, all residents of said County, and delegate to said Authority the power and authority to establish and administer water, sanitation, sewerage and fire protection systems for said County to make necessary plans and surveys for said purpose; to hire necessary employees; to make recommendations to the county authority for the levy of taxes and the issuance of bonds and revenue certificates for the construction and maintenance of sUch systems; to enter into contracts with private persons, firms, partnerships, corporations and with municipal corporations. The original members of said Authority shall be appointed as aforesaid, one for a term of two years, one for a term of Three years and one for a term of Four years, and the successors of the original three members shall each be appointed for a term of Four years. In case of a vacancy, the county commissioners shall appoint a member for the unexpired term. The salaries of the members of said Authority shall be fixed by the County Commissioners of said County."
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 branches 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 proposed

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JOURNAL OF THE HOUSE,

amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of the
amendment to Article XI, Section I, providing for a Watet,Sanitation, Sewerage and Fire Protection Systems for Gwinnett County," and "Against ratification of the amendment to Article XI, Section I, providing for a Water, Sanitation, Sewerage and Fire Protection Systems for Gwinnett County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If the people shail 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 result and 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 Adams of Evans Adams of Upson Alexander Ayers
Barber of Colquitt Barber of Jackson Baughman Birdsong Black Blackburn
Bloodworth Boggus Bolton Brannen Brantley Bray Brazeal Britton Buie Callier Campbell of Oconee Campbell of Walker

Carswell Chastain Cheatham Clary Cloud Coker Connell Coogle Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Drinkard Dunaway Duncan Durham Edenfield Edwards Floyd Fowler

Frier Gardner Garrard Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Grimsley Groover of Troup Gunter Hall. Hamilton Harper Harrell Harrison of Jenkins Hayes
Henderson Hicks Hodges Holley

MONDAY, DECEMBER 7, 1953

Hollis Holloway Holton Hopkins Horne Huddleston Hughes Ingle Ivey Jackson Jessup Johnson Jones of Worth Jordan of Gwinnett Land Lanier Layton Little Lokey Lovett McCracken McGarity MatthE'ws Mauldin Mincey
Moate

Mobley Moore of Pickens Moore of White Moses :Moye Murphey of Crawford Murphy of Haralson Murr Nelson Nightingale Otwell Parker Perkins Phillips of Columbia Pickard Potts Ray Register Russell Rutland Sipple Smiley
Smith of Cobb H. Smith M. Smith Stocks

Swindle Tallant Tamplin Tarbutton Tarpley Terrell Todd Trapnell
Tumlin Turk Turner Twitty Upshaw Veal Wardlow Watson Weems White Whitener Wiggins Williams of Bulloch Williams of Tift Wooten Young

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

On the adoption of the resolution, the ayes were 156, nays 0.

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

HR 322-1015d. By Messrs. McWhorter, Rutland, and Turner of DeKalb:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia to provide that the homestead exemption shall not apply to taxes which are .assessed and collected by the taxing authorities of DeKalb County for the support and maintenance of education as recommended by the DeKalb County Board of Education.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1
That Article VII, Section I, Paragraph IV, of the Constitution of Georgia be amended by adding thereto the following:
"Notwithstanding anything elsewhere provided in this Constitution, the homestead exemption shall not apply to taxes which are assessed and collected by the taxing authorities of DeKalb County for the support and maintenance of education as recommended by the DeKalb County Board of Education."

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JOURNAL OF THE HOUSE,

SECTION 2.
Be it further resolved by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same shall have been entered on their Journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in DeKalb County for two months previous to the time of holding the next general election, and also to be advertised in the area to be directly affected thereby.

SECTION 3.
Be it further resolved by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the voters of DeKalb County at the next general election to be held after the publication as provided for in the second section 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 proposed amendment to
the Constitution shall have written or printed on their ballots the words: "For ratification of amendment to Article VII, Section 1, Paragraph 4, of the Constitution, providing that the homestead exemption shall not apply to taxes levied for the support and maintenance of education as recommended by the DeKalb County Board of Education;" 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 I, Paragraph 4, of the Constitution, providing that the homestead exemption shall not apply to taxes levied for the support and maintenance of education as recommended by the DeKalb County Board of Education." If such amendment is ratified in accordance with the Constitution of this State, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returr1s 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, made 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 Adams of Evans Adams of Upson
Alexander Ayers Barber of Colquitt Barber of Jackson Baughman Birdsong Black Blackburn

Bloodworth Boggus
Bolton Brannen Brantley Bray Brazeal Britton Buie Callier Campbell of Oconee

Campbell of Walker
Carswell Chastain Cheatham Clary Cloud Coker Connell Coogle Cornelius Cowart

MONDAY, DECEMBER 7, 1953

1573

Cummings Deal Dean of Towns Deen of Bacon Denton Drinkard Dunaway Duncan Durham Edenfield Edwards Floyd Fowler Frier Gardner Garrard Gillis Goodson.
Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Grimsley Groover of Troup Gunter Hall
.Hamilton .Harper
Harrell Harrison of Jenkins Hayes Henderson Hicks Hodges Holley Hollis Holloway

Holton Hopkins Horne Huddleston Hughes Ingle Ivey
Jackson Jessup Johnson Jones of Worth Jordan of Gwinnett Land Lanier Layton Little Lokey Lovett McCracken McGarity Matthews Mauldin Mincey Moate Mobley Moore of Pickens Moore of White Moses Moye Murphey of Crawford Murphy of Haralson Murr Nelson Nightingale Otwell Parker
Perkins Phillips of Columbia

Pickard Potts Ray Register Russell Rutland Sipple Smiley
Smith of Cobb H. Smith M. Smith Stocks Swindle Tallant Tamplin
Tarbutton Tarpley Terrell Todd Trapnell . Tumlin Turk Turner Twitty Upshaw Veal Wardlow
Watson Weems
White . Whitener Wiggins
Williams of Bulloch Williams.of Tift Wooten Young

By unani~ous consent, verification of the roll cali' was dispensed with.

On the adoption of the resolution, the ayes were 156, nays 0.

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

.SR . 85. By Senator Coker of the 39th: ,

A RESOLUTION
Proposing to the t}ualified' voters of Cherokee County an amendment to Article VIII,: Section V, Paragraph I, of the Constitution of Georgia, so as to provide for the merger of the.Canton Independent School System and the Cherokee County School System into one consolidated school system; to create a Board of Educatitm having authority to operate said school system; to provide for the members of said Board; and for other purposes.

~574

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.

Upon the approval of this Resolution in the manner hereinafter provided, Article VIII, Section V, Paragraph I, of the Constitution of Georgia, 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 Canton and the existing school system in the County of Cherokee outside the corporate limits of said city, are hereby merged into one school system, co-extensive with the limits of Cherokee County, and the said existing independent school system of the City of Canton and the school system of Cherokee County outside the corporate limits of said City of Canton are hereby abolished. Said merged school districts shall constitute a new school system and districts, and shall constitute a political subdivision of the State of Georgia separate from the political entities of the City of Canton and the County of Cherokee, and shall be known as the Cherokee 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 Cherokee County School System is hereby vested with the power to conduct a system of public education throughout the limits of Cherokee County and with all powers and authorities granted to public school systems and districts by the Constitution and laws of the State of Georgia.

"The administration of said Cherokee County School System shall be vested in a board, to be known as the Cherokee 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, except the County School Superintendent. Said board shall consist of seven members, three of whom shall reside within the Canton Militia District and four of whom shall reside in that portion of Cherokee County lying outside the Canton Militia District in the school districts as hereinafter provided.

"For the purposes of electing the members of the Board of Educa-

tion, Cherokee County is hereby divided into five (5) districts, as

follows:

'

"(1) The Canton District, comprising the Canton Militia District;

"(2) The North Section, comprising the Clayton, Ball Ground, and Conns Creek Militia Districts;

"(3) The East Section, Comprising the Cross Roads, Little River, Mullins, and Hickory Flat Militia Districts;

" (4) The South Section, comprising the Woodstock, Wildcat, Lickskillet, Bells, and Sixes Militia Districts; and

" (5 ). The West Section, comprising the Salacoa, Harbins, and Fair Play Militia Districts.

MONDAY, DECEMBER 7, 1953

1575

"Thereafter, the boundaries of each district shall be changed by the General Assembly of Georgia. No person shall be elected to said board who does not reside within the district which such person is to represent.
"The grand jury of Cherokee County shall select from the citizens of the respective districts seven freeholders who shall constitute the Cherokee County Board of Education. Said members shall be elected for a term of .seven years, except that the first election of board members under. this provision shall be for such terms that will provide for the .expiration of the term each year of one member of the Cherokee County Board of Education. The last grand jury to convene in each year shall make appointments for members of the Board of Education as hereinbefore provided, but in the event such grand jury fails to make an appointment, or in case of a vacancy c.n said board by death or resignation of a member, or from any other cause other than the expiration of such member's term of office, the board shall by secret ballot elect a successor who shall hold office until the next grand jury convenes, at which time said grand jury shall appoint the successor member of the board for the unexpired term.
, , . "With respect to the initial operations of the school system herein created the County Board of Education of Cherokee Comity, as provided for before this amendment becomes a part of this Constitution, shall .exercise .. all powers necessary in order to effectuate the purposes of this amendmel).t until the nex.t grand jury .convenei;i, at which time said grand jury shall select the seven. members of the Cherokee County Board of Education herein created.
"The General Assembly is authorized to pass such .Jaws and legislation as .may bEl, necessary to the operation, conduc;t and control of said ; Clu!rokee .County school system and its fiscal affairs, including the right aP.d authority to create indebtedness . not in conflict with the Constitution of Georgia, and to enable said Cherokee County school syste~ to contract, and be contracted with, and to do any and every act or acts necessary for the proper maintenance of a comprehensive school system throughout the lhnits of Cherokee County, and to effectuate thEl purposes of this amendment.
"The General Assembly may authorize the City of Canton and the ,County of Cherokee to appropriate money from the general funds to the Cherokee County Board of Education for educational purposes, and may grant unto 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 yroperty of the Independent School System of the City of
Canton and the property of the existing school system in the County of Cherokee outside the corporate limits of said city shall become the
property of the Cherokee County School System as of the effective date
of this amendment.
"The specification of certain powers herein is not intended to be ex-
clusive, 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 educa-
tion throughout the limits of Cherokee County."

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JOURNAL OF THE HOUSE,

SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed by two-thirds of the members elected to each of the two branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia providing for the merger of the independent school system of Canton and the existing school system of the County of Cherokee.
"Against ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia providing for the merger of the independent school system of Canton and the existing school system of the County of Cherokee."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and 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 Adams of Evans Adams of Upson
Alexander Ayers Barber of Colquitt Barber of Jackson Baughman Birdsong
Black Blackburn Bloodworth

Boggus Bolton Brannen Brantley Bray Brazeal Britton Buie Callier Campbell of Oconee Campbell of Walker
Carswell

Chastain Cheatham Clary
Cloud Coker Connell Coogle Cornelius Cowart Cummings Deal Dean of Towns

MONDAY, DECEMBER 7, 1953

1577

Deen of Bacon Denton Drinkard. Dunaway Duncan Durham Edenfield Edwards Floyd
Fowler Frier Gardner Garrard Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Grimsley Groover of Troup Gunter Hall Hamilton Harper Harrell Harrison of Jenkins Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton
Hopkins

Horne Huddleston Hughes Ingle lvey Jackson Jessup Johnson Jones of Worth Jordan of Gwinnett Land Lanier Layton Little Lokey Lovett McCracken McGarity Matthews Mauldin Mincey Moate Mobley Moore of Pickens Moore of White Moses Moye Murphey of Crawford Murphy of Haralson Murr Nelson Nightingale Otwell Parker Perkins Phillips of Columbia Pickard

Potts Ray Register Russell Rutland Sipple
Smiley
Smith of Cobb H. Smith M. Smith Stocks Swindle Tallant Tamplin Tarbutton Tarpley Terrell Todd Trapnell
Tumlin Turk Turner Twitty Upshaw Veal Wardlow Watson Weems White Whitener Wiggins Williams of Bulloch Williams of Tift Wooten Young

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

On the adoption of the resolution, the ayes were 156, nays 0.

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

HB 948. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act relating to fishing licenses for non-residents, and for other purposes.

The report 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.

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JOURNAL OF THE HOUSE,

HR 113-362b. By Mr. Lovett of Laurens:
A Resolution compensating Mr. M. E. Cochran for damages, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Special Appropriations moves to amend HR 113362b as follows: By striking the amount "$19,189.44" in line 4 of the last paragraph and inserting in lieu thereof the amount "$13,020.74"; by striking the words "said indemnity to be paid upon the same basis as said indemnity paid for Vesicular Exanthema".

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, 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

Adams of Evans

Adams of Upson

Ayers

Barber of Colquitt

Barber of Jackson

Baughman

Bentley

Birdsong

Black

Blackburn

Bloodworth

Brannen

Brantley

Bray

Britton

Buie

.

Campbell of Walker

Carswell

Chastain

Cheatham

Clark.

Clary

Coker

Coogle

Cowart

Cummings

Deal

Deen of Bacon

Denton

Dunaway

Duncan

Durham

Edenfield

Floyd

Foster

Fowler Freeman Frier Garrard Geer Gillis Green of Baldwin Green of Rabun Greene of Crisp Groover of Bibb Groover of Troup Hale Hall Harrell Harrison of J.enkins Harrison of Wayne Henderson Hodges Holley Holloway Holton Horne Hughes Ingle
Jackson Johnson Jones of Worth Jordan of Gwinnett Key
Land Little Lokey Lovett McCracken McGarity McGee

McWhorter Matheson Mauldin Mincey Moate Moore of Pickens Moses Moye
Mull Murphey of Crawford Murphy of Haralson Murr Nelson Parker Perkins Phillips of Walton Pickar.d Potts Register Scoggin Short Sipple of Chatham Smith of Cobb M. M. Smith of Fulton Stewart 'Stocks Strickland Swindle Tallant Tamplin Tarpley Terrell Todd Trapnell
Tumlin Turk

MONDAY, DECEMBER 7, 1953

1579

Turner Twitty
Veal Wardlow

Weems Whitener Wiggins Williams of Bulloch

Williams of Tift Willingham Wooten Young

Those voting in the negative were Messrs.:

Best Boggus Callier Campbell of Oconee Cloud Connell Cornelius Drinkard Edwards Goodson

Gowen Grimsley
Hamilton Harper Hayes Hicks Hollis Jordan of Wheeler Lanier Layton

Martin Moore of White NightingaJe Russell Smiley Upshaw Watson White

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

On the adoption of the resolution, as amended, the ayes were 120, nays 28.

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

HB 874. By Messrs. Twitty of Mitchell, Gowen of Glynn and Hollis of Muscogee:

A Bill to be entitled an Act to provide for the appointment of an attorney to represent indigent defendants in criminal cases involving capital felonies, and for other purposes.

Mr. Tumlin of Bartow moved the previous question and the motion prevailed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 103, nays 24. The bill, having received the requisite constitutional majority, was passed. The following Special Committee report was read and adopted:
December 7, 1953

TO THE HOUSE OF REPRESENTATIVES:

Your Committee, designated to investigate the method of handling the State's school construction program by the State School Building Authority, and particularly the employment of construction firms, architects and attorneys, submits the following report:

The Committee has thoroughly investigated the :(oregoing subject-matter,

and it finds the facts to be as follows :





.

(1) All construction contracts have been let to the lowest and best bidder, after proper and sufficient advertising.

(2) The State School Building Authority has employed no architects. All architects have been employed by the Boards of Education of the various counties participating in the school building program.

1580

JOURNAL OF THE HOUSE,

(3) The only legal services employed by the State School Building Authority have been those of the firm of Bird & Howell of Atlanta, Georgia. This firm is paid no retainer by the State School Building Authority, but does receive a retainer of $200 per month from the University System Building Authority, and furnishes such legal advice and assistance as may be required by the State School Building Authority. The only expense for legal services incurred by the State School Building Authority has been the total sum of $7,716.40, which included attorneys' fees, expenses and court costs in the suit brought in the Superior Court of Fulton County to validate the original issue of bonds, which was carried to the Supreme Court of Georgia. This action was necessary in order that the revenue bonds of the Authority might be sold. Any legal opinions required by the security dealers who have purchased the bonds of the Authority have been obtained by the purchasers at their own expense, and there has been no expense to the Authority in this connection.
Your Committee attaches hereto a summary of the various documents and other things examined by it in the course of its investigation, together with a list of the architects who have been employed by the various county Boards of Education, and the contracting firms that have entered upon construction contracts with the School Building Authority. This report is now on file in the Clerk's office. The report includes all material and records examined.
We further found and report that all records of the State School Building Authority are always open to the public, and that there are no confjdential or restricted records of any nature. The Authority invites inquiry of its acts and inspection of its records by the general public. If further information is desired by anyone we respectfully request that they visit the office of the Authority which will gladly give them all the detail information desired.
Your Committee desires to say that, in its opinion, the School Building Program has been handled in a most efficient and economical manner. The people of the State are indebted to the public-spirited members of this Authority, and particularly to the Speaker of the House of Representatives, the Honorable Fred Hand, who is Chairman of the Authority, for their tireless and efficient efforts in behalf of the school building program.
In its examination and investigation of the affairs of the Authority, your Committee finds nothing to merit criticism but much to merit praise.
Lanier of Candler Hall of Floyd W. Roscoff Deal

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.

AFTERNOON SESSION The Speaker called the House to order. The Speaker appointed as a Committee of Conference on the part of the

MONDAY, DECEMBER 7, 1953

1581

House on SB 156, the Subversives Activities Act, the following members of the . House: Messrs. Twitty of Mitchell, Connell of Lowndes, and Graham of Richmond:
The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 132. By Messrs. Greer of Lanier, Perkins of Carroll and others:
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 following Senate amendment was read:
Senator Campbeil of the 31st moves to amend HB 132 by changing "age of 60 years" to "age of 65 years" wherever the phrase appears in the bill.
Mr. Freeman of Monroe moved that the House disagree to the Senate amendment to HB 132 and the motion prevailed.
The Senate amendment to HB 132 was disagreed to.
The Speaker appointed as a Committee of Conference on the part of the House on HB 132, the following members of the House: Messrs. Greer of Lanier, Blalock of Coweta and Freeman of Monroe.

HB 45. 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 Senate amendment was read:
Mr. Millican of the 52nd moves to amend HB 45, Section 7 by striking same in its entirety and inserting the following:
"This Act shall become effective January 1, 1954."
Amend HB 45 Section 9 by striking same in its entirety and inserting in lieu the following:
The provisions of this Act shall apply to counties in which there is located all or part of a city of 300,000 or more population according to 1950 or any future U. S. Census.
Amend caption HB 45 line 8 by striking words "only to counties having a population of 300,000 or more and inserting in lieu "To counties in which there is located all or part of a city of 300,000 or more population;"

Mr. M. Smith of Fulton moved that the House disagree to the Senate amendment and the motion prevailed.
The House disagreed to the Senate amendment to HB 45.

HB 154. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to create a lien in favor of hospitals for services rendered, and for other purposes.

1582

JOURNAL OF THE HOUSE,

The following Senate amendment was read:
Amendment to HB 154
The Senate Committee on Public Health moves to amend HB 154, as follows:
By striking Section 3 of said Bill in its entirety and substituting in lieu thereof a new Section 3 which shall read as follows:

"Section 3
The Clerk of Court shall endorse thereon the date and hour of filing, and at the expense of the county shall provide a hospital lien book with proper index in which he shall enter the date and hour of such filing, the names and addresses of such hospital, the operators thereof and of such patient, the amount claimed and the names and addresses of those claimed to be liable for damege. Such information shall be recorded in the name of the patient. The clerk shall be paid one dollar as his fee for such filing."
By striking in its entirety the following sentence which appears in Section 4 of said Bill:
"Such action shall be commenced within one year after the filing of such lien;" and substituting in lieu thereof a. new sentence, which shall read as follows:
"Such action shall be commenced against the person liable for such damages within one year after the date such liability shall be finally determined by a settlement, release, covenant not to sue, or by the judgment of a court of competent jurisdiction."

Mr. Bolton of Spalding moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 106, nays 0.
The Senate amendment to HB 154 was agreed to.

HB 714. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an A'Ct to amend an Act creating a new charter for the City of Camilla, and for other purposes.
The following Senate amendment was read:
Amendment to HB 714
Amend Section 1, paragraph (b), as follows:
In line 20 by striking the period immediately after the word "necessary" and by inserting in lieu thereof a comma and by adding immediately after said comma the following language: "provided, however, that no acquisition or condemnation shall result in the taking of the primary business of any public utility."

Mr. Twitty of Mitchell moved that the House agree to the Senate amendment.

MONDAY, DECEMBER 7, 1953

1583

On the motion to agree, the ayes were 105, nays 0. The Senate amendment to HB 714 was agreed to.

HB 849. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and others:

A Bill to be entitled an Act to amend an Act providing for the leasing . of certain property of the Western & Atlantic Railroad, and for other purposes.

The following Senate amendment was read:

The Committee on Public Utilities moves to amend House Bill No. 849 as follows:

By inserting the words "to authorize the commission to reduce

rentals when the leasehold interest is damaged by the exercise of powers

of eminent domain", in the caption of said bill immediately before the

words,

"to .

repeal .

conflicting

laws", .

And by inserting after Section 1 of said bill a new section to be

known as Section 2 which shall read as follows:

"Section 2. That a new paragraph be added to the aforesaid Act approved February 17, 1950, (Ga. Laws 1950, p. 408-412) which said paragraph shall be numbered' Section 12 of said Act to read as follows:

'Section 12. In the event any portion of the Western & Atlantic Railroad property which has previously been, or in the future may be, leased by the Western & Atlantic Railroad Commission in ~ordance with the terms of the Act approved February 17, 1950, shall be taken by any public authority under the power of eminent domain, the. said Western & Atlantic Railroad Commission is hereby authorized and empowered to reduce the rental of such lease in proportion to the leasehold damage sustained by the foss of the property so condemned.'

And by renumbering SectiOn 2 of said bill as Section 3.

Mr. Twitty of Mitchell moved that the House agree to the Senate amendment.
. On the motion to agree, the ayes we~e 111, nays 0. . ,,
The Senate amendment to HB 849 was agreed to.

HB 934. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act incorporating the Town of Mount Zion, and for other purposes.
The following Senate amendment was read:
Senator Rogers of the 37th moves to amend HB 934 by adding in the 11th line of Section 1 (which is the 6th lin<> of the quoted Section 16) immediately after the word "rights" and immediately preceding the word ''for" the words "both within and without said corporate limits".

Mr. Perkins of Carroll moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0.

1584

JOURNAL OF THE HOUSE,

The Senate amendment to HB 934 was agreed to.
The following bill of the House was taken up for the purpose of considering the report of the Committee on Conference thereon:

SB 156. By Senators Edenfield of the 4th and others:

A Bill to be entitled an Act to amend an Act known as the Subversive Activities Act, and for other purposes.

The following Committee on Conference Report was read:

President of the Senate & Speaker of the House

Dear Mr. President:

Dear Mr. Speaker:

Your Committee on Conference on Senate Bill No. 156 begs to submit the following report:

That the Senate and House strike the House Amendment to Senate Bill No. 156 and substitute in lieu thereof the following:

Amend SB 156 by adding to the end of Section 8 of this Bill, which will be Section 12 of the Amended Act, the following:

"Every person, before being discharged by reason of being a subversive person, shall be given notice of the charges against such person and afforded an opportunity to be heard upon the charges. Notice shall be given in writing at least ten days before a hearing shall be held by the employing, appointing, or supervising authority: Provided, however, that nothing containe4 herein shall be construed to create any tenure rights or to in any wise limit employing, appointing, or supervising authorities in the administration of personnel matters, nor be construed to apply to Section 11 of this Act, it being recognized by the General Assembly that the holding of public office or being a public employee is a privilege, and no person has any property or right vested in him by reason of his public employment and has only such entitlements as may be conferred upon him specifically by statute.

MEMBERS OF THE HOUSE /s/ Twitty of Mitchell Is/ Graham of Richmond I sf Connell of Lowndes

MEMBERSOFTHESENATE /s/ Blitch, 5th Is/ Edenfield /s/ Carlisle of the 51st

On the adoption of the report of the Committee on Conference, the ayes were 107, nays 0.
The report of the Committee on Conference was adopted.
Mr. Lifsey of Lamar arose and addressed the House on a point of personal privilege.
Mr. Lokey of Fulton arose and addressed the House on a point of personal privilege.
Under the regular order of business, the following bills and resolution of the House were taken up for consideration and read the third time:

MONDAY, DECEMBER 7, 1953

1585

HB 893. By Messrs. Ray of Warren, Hand and Twitty of Mitchell and others:
A Bill to be entitled an Act to amend the Sales Tax Act so as to provide procedure for credit where similar tax has been paid in another state, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 937. By Messrs. Hicks of Floyd, Twitty of Mitchell and others:
A Bill to be entitled an Act to amend an Act providing for reversion of title and when powers of sale shall be exercised, and for other purposes.

The report 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 962. By Messrs. Tallant of Cherokee, Smith of Cobb and Upshaw of Bartow:
A Bill to be entitled an Act to provide for disbursement of money received from leasing of lands in the Allatoona Reservoir Basin, and for other purposes.

The report 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 1034. By Messrs. Hall of Floyd, Hand of Mitchell and others:
A Bill to be entitled an Act to amend the Minimum Foundation Program of Education Act so as to provide that in the calculation of the local financial ability the State school tax digest for 1952 shall be the maximum amount hereafter employed in such calculation, and for other purposes.

An amendment offered by Mr. Rutland of DeKalb 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 122, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 895. By Messrs. Ray of Warren, Garrard of Wilkes and Adams of Upson: A Bill to be entitled an Act to amend an Act so as to provide that appli-

1586

JOURNAL OF' THE HOUSE,

. cations for registration of vehicles shall be accompanied by. bills of sale or other proof showing that the sales tax has been paid, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 21
The bill, having received the requisite constitutional majority, was passed.

HR 309-985d. By Messrs. Parker and Green of Baldwin:
A Resolution appointing a joint committee to study juvenile delinquency and the training school system, and for other purposes.

The report of the committee, which was favorable to the passage o.f the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 66.
The bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Green of Baldwin gave notice that at the proper time he would move that the House reconsider its action in failing to pass HR 309-985d.

HB 845. By Messrs. Bell of Richmond and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act so as to change the penalty for furnishing liquor to minors, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, tlie ayes were 103,.nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for the purpose of considering the report of the Committee on Conference thereon:

HB 128. By Messrs. H. Smith of Fulton and Hollis of Muscogee:
A Bill to be entitled an Act to create a uniform traffic law, and for other purposes.
The following report of the Committee on Conference was read:
The conference committee on the Senate substitute for House Bill 128 substitute the following report:
1. The Senate recedes from its position on Section 28 and adopts Section 28 of House Bill 128 as a part of the substitute.
2. The Senate recedes from its position on Section 48 and adopts Section 48 of House Bill 128 as a part of the substitute except that subsection (b) 2 shall read as follows:
"(2) Sixty miles per hour from one-half hour before sunrise until

MONDAY, DECEMBER 7, 1953

1587

one-half hour after sunset. At other times 50 miles per Hour", and except that there shall be added to subsection (b) 3 the following words "Provided that no school bus while transporting school children shall exceed a speed of 40 miles per hour".
3. The Senate recedes from its position on Section 47 and adopts Section 47 of House Bill 128 as a part of the substitute except that there shall be added to subsection (b) 4 the following words, "The Director of Public Safety shall designate one or more physicians or certified hospital technicians for each county to perform such tests upon the request of any person so arrested. The costs of such test shall be borne by the person so arrested and shall be only the actual costs but in no event more than $10.00".
4. The committee substitutes a new Section 80 to read as follows:
"Drivers to exercise due care; duty with respect to blind persons carrying white cane. Notwithstanding the foregoing provisions of this article every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. In addition, any driver of a vehicle who approaches within three feet of a person who is in a street or highway or at an intersection and who is wholly or partially blind, and who is carrying a walking cane or stick white in color or white tipped with red, shall immediately come to a full stop, and before proceeding, shall take such precautions as may be necessary to avoid accident or injury to the person wholly or partially blind".
5. The Committee adds to Section 102, add a new subsection to be known as subsection (d), which shall read as follows:
"(d) In addition to the. requirements of this Article XIV, the Georgia Public Service Commission, as to the motor vehicles with its jurisdiction, shall have the authority to promulgate rules designed to promote safety, and any such rules promulgated or deemed necessary by such Commission shall include the following: Every motor unit and all parts thereof shall be maintained in a safe condition at all times. The lights and brakes and equipment shall meet such safety requirements as to the Commission shall from time to time promulgate."
6. The Committee adds to Section 92, add a new subsection to be known as subsection (c), which shall read as follows:
"(c) The provisions of Section 92 (a) 15 shall not apply to any pessenger vehicle while parked or stopped for the purpose of taking on or discharging passengers, where such vehicle is operated under a certificate of public convenience and necessity or interstate registration permit issued by the Georgia Public Service Commission authorizing the operation of such vehicle upon the roads and highways, if the width of the road and character of the shoulders at said point make it impractical to comply with said section, and if the view of said vehicle at the time is not obstructed by any terrain features for a distance of 200 feet in each direction upon said road or highway."
7. The Committee amends Section 63 (b) by striking the figure and words "400" and substituting "500".
8. The Committee amends Section 133 to read as follows: "This

1588

JOURNAL OF THE HOUSE,
bill may be published in pamphlet or extract form during 1954 if at the discretion of the Governor."
9. The Committee strikes the caption and substitutes the following: "A bill to be entitled an Act to regulate traffic on streets and highways; to revise certain of the laws of this State dealing with traffic on the streets and highways; to define certain crimes in the use and operation of vehicles; to define the power of local authorities to enact and enforce ordinances, rules and regulations with respect to matters embraced within the terms of this Act; to specify requirements for the use of the streets and highways; to provide for the making of accident reports and to specify the duties of persons after the happening of an accident; to provide for the speed of vehicles; to define the duties and rights of pedestrians; to regulate the operation of motor cycles and motorbikes; to outline the duties and privileges of emergency vehicles; to specify certain minimum equipment required of vehicles; to authorize the public service commission to make additional rules relative to equipment; to regulate special stops for railroad crossings, through highways and school busses; to provide for the suspension of drivers' licenses; to make uniform the law relating to the subject matter of this act; to repeal conflicting laws; to repeal expressly certain laws; to preserve in effect certain laws; to provide for the punishment for a violation of the provisions of this act; to provide an effective date; and for other purposes.
10. The Committee strikes the repealing clause and substitutes therefor the following:
All laws or parts of laws in conflict herewith are hereby repealed. The following are declared to be specifically repealed hereby:
(a) Section 2 and 3 of an Act approved August 15, 1921, entitled "An Act to regulate the use of Motor Vehicles and Motorcycles upon the public streets and highways of this State; and to prescribe penalties for violation of the provisions of this Act'' (Georgia Laws 1921, pp. 255-260).
(b) Sections 9, 11, 12, 13, 14, 19, 23 and 27 of an Act approved August 23, 1927, entitled: "An Act to amend an Act known as the 'Georgia Motor Vehicle Law,' approved November 30, 1915, and as amended by an Act approved August 20, 1918, and as amended by an Act approved August 16, 1919, and as amended by an Act approved August 15, 1921; to provide for a Commissioner of Vehicles, to define terms used; to provide for registration of motor-vehicles, tractors, trailers, dealers, and manufacturers of motor-vehicles and chauffeurs, and to provide fees for said registration; to describe number plates and provide for fastening them on certain vehicles; to provide for the regulation of lights and brakes to be used; to regulate the use of highways by vehicles registered in another State; to provide traffic regulations; to regulate the size, weight, and type of wheels of certain vehicles; to provide for regulation of motor-vehicles by municipalities; to provide for the expense of registration and the disbursement of fees received; to prescribe duty and salary of registration clerk and salary of Commissioner of vehicles; to prohibit throwing certain things on the highways; to provide for the enforcement and penalties for violation of this Act; to repeal all laws and parts of laws in conflict with this Act; and for other purposes." (Georgia Laws 1927, pp. 226-244)
(c) An Act approved March 24, 1933, entitled: "An Act to prohibit

MONDAY, DECEMBER 7; 1953

1589

the driving of motor vehicles by school buses 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." (Georgia Laws 1933, pp. 201-202).
(d) An Act approved March 19, 1935, entitled: "An Act to amend section 68-302, Chapter 68-2, title 68 (Motor Vehicles) of the Code of Georgia of 1933, by striking the last proviso of said section, and inserting in lieu thereof a provision requiring all horse or mule drawn vehicles or other vehicles propelled by muscular power using the public roads and highways of this State at night to be equipped with lights or reflectors; and for other purposes." (Georgia Laws 1935, pp. 152-154).
(e) An Act approved March 28, 1935, entitled: "An Act to regu_late parking motor vehicles and other vehicles on the State-aid roads; to prescribe penalties for violations of this Act; and for other purposes." (Georgia Laws 1935, pp. 443-444).
(f) An Act approved March 24, 1939, entitled: "An Act to define reckless driving, and to prohibit the same; to restrict the speed on the public streets and highways of this state; to provide for the erection of stop signs; to provide for the dimming of light!'! of motor vehicles; to provide that vehicles using the public roads and highways be equipped with reflectors to serve as a warning signal to drivers of approaching vehicles a:rid to provide how the minimum requirements of reflectors shall be determined; to require the filing of reports .of accidents by operators or occupants of motor vehicles involyed in accidents on the public streets and highways; to require reports by the. coroners in the several counties of the State concerning deaths res~lting from accidents on public streets and highways; to provide for the enforcement, penalties and punishment for the violation of this Act; to repeal all laws and parts of laws in conflict with this Act; and for other purposes." (Georgia Laws 1939, pp. 295-303) .
(g) An Act approved March 9, 1945, entitled: "An Act to provide for the payment of fees to the coroners for making the investigation and filing the report required of them in case of fatal accidents on the highways of the State under Section 6 (d) of an Act approved March 24, 1939, by providing that they shall receive the same therefor as they do for holding inquests and for other purposes." (Georgia Laws 1945, pp. 481-482).
(h) An Act approved February 27, 1947, entitled: "An Act to amend Code Section 68-307 of the Code of Georgia of 1933, to make it unlawful for any person to operate any motor vehicle or motorcycle upon any private way, private street, or on any private property while intoxicated, or by any person under 16 years of age." (Georgia Laws 1947, pp. 230-231).
(i) An Act approved March 28, 1947, entitled: "An Act to amend An Act approved March 28, 1935, entitled: 'An Act to regulate parking motor Yehicles and for other vehicles on the State-Aid roads, etc.,' so as to provide that it shall not apply to certain traffic stops and to certain stops made by passenger vehicles; and for other purposes." (Georgia Laws 1947, pp. 1505-1506).
(j) An Act approved February 17, 1950, entitled: "An Act to

1590

JOURNAL OF THE HOUSE,
amend an Act entitled an Act to define reckless driving, and ~o prohibit the same, etc., approved March 24, 1939 (Georgia Laws 1939, No. 244. p. 295), so as to prohibit the transportation of school children in any school bus found to be unsafe by a member of the Georgia State Patrol or the Director of Public Safety until such school bus has been repaired and made safe for such transportation. To provide that school bus drivers shall have examination before they shall be able to drive a school bus." (Georgia Laws 1950, pp. 418-419).
(k) An Act approved February 17, 1950, entitled: "An Act to prohibit the use of a certain walking cane which is white or white tipped with red, except by blind persons, to provide protection against accidents to such persons; to provide penalties for the violation of this act; to repeal all conflicting laws; and for other purposes." (Georgia Laws 1950, pp. 423-424).
(1) An Act approved February 15, 1952, entitled: An Act to amend an Act approved March 24, 1933 (Ga. L. 1933, p. 201), entitled 'An Act to prohibit the driving of motor vehicles and school buses 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;' by striking the word 'used' in section 2 of said Act and by substituting in lieu thereof the words 'while engaged exclusively,' and by further amending section 2 of said Act by adding the following proviso at the end thereof: 'provided, nevertheless, that this section shall not apply to any conveyance of a common carrier but does apply to private contract carriers; and for other purposes." (Georgia Laws 1952, pp. 267-268).
(m) An Act approved February 15, 1952, entitled: "An Act 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." (Georgia Laws 1952, pp. 309-310).
(n) It is also intended hereby to repeal Chapter 68-3 of the Code of Georgia of 1935, as amended, in its entirety and Section 68-9917, 689919, 68-9920, and 68-9924 of said Code.
This law, however, shall not be construed as a comprehensive enactment or reenactment of all of the laws of Georgia touching the operation and regulation of motor vehicles on streets and highways. It is declared as the legislative intent of this Act that among the laws of Georgia not repealed or affected hereby in addition to such others as are hereinabove mentioned are those providing for:
(a) Seizure and condemnation of vehicles transporting contraband.
(b) Administration of the State Department of Revenue, the Department of Public Safety or the Public Service Commission.
(c) Licenses for motor vehicle operators, including chauffeurs.
(d) Registration of motor vehicles.
(e) Reciprocal contracts between the State of Georgia and other States touching the operation of motor vehicles.

MONDAY, DECEMBER 7, 1953

1591

(f) Reports to the State Department of Revenue or the Public Service Commission.
(g) Weight and size limits on trucks and other motor vehicles.
(h) Alteration of railroad tracks to accommodate motor vehicles.
(i) Regulation of Motor Contract Carriers.
(j) Regulation of Motor Common Carriers.
(k) Regulation of motor vehicles for hire.
(1) Regulation of trailer couplings.
(m) Rules of evidence, prima facie presumptions and other matters relating to civil liability and to civil procedure.
(n) Suits against nonresident users of the highways of Georgia.
(o) Regulation of the sale of used motor vehicles by nonresid~nts...
(p) Transportation of specific goods and items, though not necessarily contraband, including but not limited to liquor, fertilizer, dead bodies, flammable materials, motor fuel, tobacco products, and goods, wares and merchandise. This list is illustrative only.
(q) Registration of motor vehicles and trailers, including rolling stores, and the issuance of licenses, fees therefor, and the regulations enacted in connection therewith.
(r) Creation and duties of the Department of Public Safety and its constituent parts.
(s) Issuance of motor vehicle drivers licenses. classification thereof, issuance of learners' permits and regulations enacted with respect thereto.
(t) Trial of offenses relating to traffic on the public roads.
(u) Motor vehicle safety responsibility, except to the extent that accident reporting provisions are modified herein.
(v) The duty and responsibilities of railroads at grade crossings.
(w) The collection of fees from owners or operators of motor vehicles and the disposition thereof.
(x) Rule making and regulatory powers of the Public Service Commission, provided that no rule or regulation may be less stringent than those herein provided.
(y) Penalties and punishment for violation of any of the laws not affected or repealed hereby, including those specifically herein named.'
(z) What is commonly called the Family Car Doctrine, rules relative to negligence per se, and other doctrines established as bench law in this State though there be no express enactment thereon.
Hoke Smith /s/ Hoke Smith Howell Hollis /s/ Howell Hollis

1592

JOURNAL OF THE HOUSE,

J. Ebb Duncan /s/ J. Ebb Duncan Grady N. Coker /s/ Dr. Grady N. Coker Reluctantly J. Douglas Carlisle /s/ J. Douglas Carlisle
G. Everett Millican /s/ G. Everett Millican

On the adoption of the report of the Committee on Conference, the ayes were

110, nays 1.



The report of the Committee on Conference was adopted.

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.

TUESDAY, DECEMBER 8, 1953

1593

Representative Hall, Atlanta, Georgia. Tuesday, December 8, 1953.
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 Reverend R. C. Smith, Pastor, Brown Memorial Church, Wrightsville, Georgia.
By unanimous consent, the roll call was dispensed with.
Mr. H. Smith 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 225. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend the Pension Act of the City of Atlanta, and for other purposes.
Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedi~gs had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirm.
By unanimous consent, the House reconsidered its action in .passing the following bill of the Senate:
SB 225. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend the Pension Act of the City of Atlanta, and for other purposes.
By unanimous consent, the House reconsidered its action in failing to pass the following resolution of the House:
HR 309-985d. By Messrs. Parker and Green of Baldwin: A Resolution appointing a joint committee to study the problems of juvenile delinquency and the training school system, and for other purposes.

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

1594

JOURNAL OF THE HOUSE,

5. Third reading and passage of local uncontested bills and general bills with local application.
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 read the first time and referred to the committees:

HB 1045. By Mr. Wilkinson of Long:
A Bill to be entitled an Act to amend an Act providing supplemental compensation for the Ordinary of Long County, approved Feb. 12, 1951 (Ga. Laws 1951, p. 2325), so as to change such supplemental compensation, and for other purposes.
Referred to the .Committee on Counties and County Mattf!rs.

HB 1046. By: Mr. Wilkinson of Long:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Long County, approved August 10, 1921 (Ga. Laws 1921, p. 525), as amended by an Act appr~ved Feb. 12, 1951 (Ga. Laws 1951, p. 2322), so as to change the compensation of the Commissioners, 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 the 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 Chair-
man, to report the same back to the House with the following recommendation:

HR 299-935b. Do Pass.

Respectfully submitted,

FreemaJl of Monroe,

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 con-
sideration the following Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:

SR 96. Do Pass.

Respectfully submitted,

Freeman of Monroe,

Chairman.

TUESDAY, DECEMBER 8, 1953

1595

Mr. Cornelius of Polk County, Chairman of the Committee on Corporations, submitted the following report:
Mr. Speaker:
Your Committee on Corporations has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 178. Do Pass.
Respectfully submitted,
Cornelius of Polk,
Chairman.

Mr. Lavender of Elbert 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 recommendation:
SB 238. Do Pass.
Respectfully submitted,
Lavender of Elbert,
Chairman.

Mr. Hollis of Muscogee 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 Seriate and 'has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 202. Do Pass.
Respectfully submitted,
Hollis of Muscogee,
Chairman.

Mr. Kemp of Clayton County, Chairman of the Committee on Penitentiary, submitted the following report:
Mr. Speaker:
Your Committee on Penitentiary has had under consideration the following

1596

JOURNAL OF THE HOUSE,

Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 198. Do Pass.

SB 205. Do Pass.

Respectfully submitted,

Kemp of Clayton,

Chairman.

Mr. Adams of Evans 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 177. Do Pass.
Respectfully submitted,
Adams of Evans,
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 recommendation:
HR 339. 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 House and Senate to-wit:

HB 818. By Mr. Lavender of Elbert:
A Bill to amend an Act incorporating the City of Elberton in Elbert County, and for other purposes.

HB 957. By Mr.. Harr.ell of Grady: A Bill to incorporate the City of Cairo, and for other purposes.

TUESDAY, DECEMBER 8, 1953

1597

HB 969. By Mr. Tallant of Cherokee:
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 20,500 and not more than 20,900, and for other purposes.

HB 873. By Messrs. Potts and Blalock of Coweta:
A Bill authorizing the City of Newnan to convey certain property to the State of Georgia, and for other purposes.

HB 975. By Mr. Little of Peach:
A Bill to amend an Act so as to provide for a permanent registration list for voters of the City of Fort Valley, and for other purposes.
HB 977. By Messrs. Hollis, Pickard and Young of Muscogee:
A Bill to amend an Act to abolish justice courts and the office of the Justice of the Peace in Columbus, and for other purposes.
HB 978. By Messrs. Scoggin, Hall and Hicks of Floyd:
A Bill to amend an Act entitled "An Act to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Superior Court, the Sheriff, the Ordinary, the Tax Collector, and the Tax Receiver, etc., and for other purposes.

HB 983. By Messrs. Groover, Harris and McKenna of Bibb:
A Bill to repeal an Act entitled "An Act to amend the Act of the General Assembly of Georgia re-enacting and amending the Charter of the City of Macon.; by authorizing the Board of Water Commissioners to provide for the retirement of employees of the Board of Water Commissioners on account of disability or age, etc., and for other purposes.
HB 792. By Mr. Tarpley of Union:
A Bill to provide that it shall be unlawful for any person while hunting in the woods of this State to carry firearms while under the influence of any intoxicating beers, wines or liquors, and for other purposes.
HB 664. By Mr. Fowler of Douglas:
A Bill to amend an Act establishing a retirement system for certain teachers in the public and State-supportes schools of this State, and for other purposes.
HB 652. By Mr. Greer of Lanier:
A Bill to amend an Act establishing a retirement system for teachers in the State public schools, and for other purposes.

HB 253. By Messrs. Lovett and Gilder of Laurens and Deen of Bacon: A Bill to provide that the members of county boards of education

1598

JOURNAL OF THE HOUSE,

shall be selected by the last grand jury immediately preceeding the expiration of the term of the member that the member to be selected will replace, and for other purposes.

HB 686. By Messrs. Conger and Cloud of Decatur:
A Bill to authorize the governing ;1uthorities of the various counties to prohibit, regulate or levy a tax upon fortune telling and similar businesses, and for other purposes.

HB 846. By Messrs. Connell and Register of Lowndes:
A Bill to amend an Act known as the Teachers Retirement System Act, so as to provide additional provision for restoration of beneficiaries to membership in said system, and for other purposes.

HB 854. By Mr. Twitty of Mitchell:
A Bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, and for other purposes.

HB 924. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A Bill to amend an Act authorizing county boards of education to condemn private property for public school purposes, and for other purposes.

HB 980. By Mr. McGarity of Henry:
A Bill to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues of Henry County, to provide that the Treasurer of Henry County publish an itemized statement of county receipts, etc., and for other purposes.

HB 981. By Mr. Weems of Chattooga: A Bill to amend an Act creating the City Court of Chattooga County, and for other purposes.
HB 982. By Messrs. Birdsong and Groover of Troup: A Bill to amend an Act providing a pension system for the employees of Troup County, and for other purposes.
HB 984. By Mr. Tallant of Cherokee: A Bill to amend an Act creating the office of Commissioner of Roads and Revenues of Cherokee County, and for other purposes.
HB 985. By Mr. Tallant of Cherokee: A Bill to place the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, the Sheriff of Cherokee County on a salary basis in lieu of a fee basis, and for other purposes.
HR 169-623a. By Messrs. Lovett and Gilder of Laurens: A Resolution proposing an amendment to the Constitution so as to

TUESDAY, DECEMBER 8, 1953

1599

provide for the merger of the existing school system and school district of the Dublin and the existing school district in the County of Laurens, etc., and for other purposes.

SR 93. By Senator Millican of the 62nd:
A Resolution proposing an amendment to Article VII, Section VII, Paragraph I, of the Constitution to redefine the method by which the City of Atlanta shall assume a proportionate part of the obligations of Fulton County School District in the event of future annexations.
HR 262-791a. By Mr. Green of Rabun:
A Resolution proposing an amendment to the Constitution authorizing Rabun County to levy a tax not exceeding 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 Rabun County and in encouraging tourist trade, and for other purposes.
HR 258-843d. By Messrs. Harris, McKenna and Groover of Bibb:
A Resolution proposing an. a:mendment to the Constitution so as to enlarge the membership of the Macon-Bibb County Board of Health, and for other. purposes.

HR 259-843e. By Mr. Lavender of Elbert:
A Resolution proposing an amendment to the Constitution relating to the preservation of the existing independent school systems, so as to authorize the General Assembly to enact all legislation necessary to consolidate the independent school system of Elbert County with the school system in the County of Elbert at large, and for other purposes.

HR 260. By Mr. Strickland of Brantley:
A Resolution proposing an amendment to the Constitution authorizing the City of Nahunta to levy a tax not to exceed one mill for the purpose of creating and setting aside a fund to be used in assisting, promoting and encouraging the location of new industries in the City of Nahunta, and for other purposes.

HR 261. By Mr. Strickland of Brantley:
A Resolution proposing an amendment to the Constitution authorizing Brantley County to levy a tax not exceeding 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 and the development of agriculture in Brantley County, and for other purposes.

HR 122. By Mr. Lokey of Fulton:
A Resolution to compensate Mrs. Grady B. Campbell for damages to her person and automobile when struck by a vehicle owned by the

1600

JOURNAL OF THE HOUSE,

Department of Public Safety and driven by a member of the Georgia State Patrol, and for other purposes.

HR 128. By Messrs. Holton and Hayes of Coffee:
A Resolution to compensate Ed R. Patton, of Douglas, Georgia, for damages occasioned to his automobile by an employee of the State Highway Department operating a State-owned vehicle, and for other purposes.

HR 136. By Mr. Coogle of Macon:
A Resolution to compensate I. P. Cox for damages resulting from the negligency of an employee of the Georgia State Patrol, and for other purposes.

HR 217. By Messrs. Kemp and Foster of Clayton:
A Resolution to compensate Howard R. Watts, of Eatonton, Georgia, for damage to his automobile which was stolen by three prisoners and used as an escape vehicle, and for other purposes.

HR 216. By Messrs. Kemp and Foster of Clayton:
A Resolution proposing an amendment to .the Constitution relating to county boards of education, so as to provide for the election of the members of the Board of Education of Clayton County by the people, and for other purposes.

HR 221. By Mr. Smith of Emanuel:
A Resolution authorizing the payment of bills incurred as a result of injuries sustained in line of duty by Trooper L. W. Boatwright, of the Georgia State Patrol, and for other purposes.

HR 35. By Messrs. Campbell and Coker of Walker:
A Resolution authorizing the State Forestry Commission to pay to Clyde Frye the sum of $2,363.75 as compensation for expenses incurred by him as a result of injuries to his minor child, and for other purposes.

HR 46. By Mr. Connell of Lowndes:
A Resolution to compensate Mrs. Lizzie Lundy for the death of her son John Cession Lundy, and for other purposes.

HR 51. By Mr. Tamplin of Morgan:
A Resolution to compensate Mr. R. H. Ridgeway, Jr., of Madison, Georgia for damages to his truck received in an accident with a State truck, and for other purposes.

HR 64. By The Clerk's Office:
A Resolution to compensate Mr. C. B. Wilson $627.00 for injuries and damages due to accident, and for other purposes.

TUESDAY, DECEMBER 8, 1953

1601

HR 65. By The Clerk's Office:
A Resolution to compensate Mr. Jarvis Johnson for damages to his automobile in collision with asphalt spreader of State Highway Department, and for other purposes.

HR 71. By The Clerk's Office:
A Resolution to compensate Mr. James Taylor $5,350.00 and Mr. Lamar Shiflett the sum of $1,250.00 for injuries received, and for other purposes.

HR 92. By The Clerk's Office:
A Resolution to compensate Mrs. W. J. Gallemore and Judge J. R. Wimberly for damages to their automible, and for other purposes.

HR 98. By Messrs. Abney of Catoosa, Jessup of Bleckley and others:
A Resolution to compensate Trooper John E. Moreland of the Georgia State Patrol for expenses growing out of injuries received in the line of duty, and for other purposes.

HR 278. By Mr. Smith of Emanuel:
To compensate Mrs. Joan Howell Hicks for the death of her father, Eugene William Howell, which occurred as the result of an accident with a State Highway Department vehicle, and for other purposes.

HR 279. By Mr. Smith of Emanuel:
To compensate Mrs. Gladstone Barber for damages and InJuries incurred as a result of an accident with a State Highway Department vehicle, and for other purposes.

HR 286. By Mr. Drinkard of Lincoln:
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Lincoln County by the people, and for other purposes.
HR 288. By Messrs. Kemp and Foster of Clayton:
Proposing an amendment to the Constitution relating to the debt limitation of counties, so as to authorize Clayton County to incur an additional indebtedness, etc., and for other purposes.
HR 289. By Messrs. Williams and Trapnell of Bulloch:
Proposing an amendment to the Constitution so as to provide for the composition of the Board of Education of Bulloch County and to provide that the Board elect the County School Superintendent, and for other purposes.
HB 651. By Messrs. Mobley of Burke, Watson of Dougherty and others:
To be entitled an Act to provide for warehouse inspection; bonding of warehousemen and insuring storage, and for other purposes.

1602

JOURNAL OF THE HOUSE,

HR 274-867b. By Mr. Murphy of Haralson:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Haralson County by the people, and for other purposes.

HR 275. By Mr. Wardlow of Turner:
A Resolution to compensate Mr. Henry C. Hill for injuries incurred in an accident with a State Patrol automobile, and for other purposes.

HR 226. By Mr. Moore of Pickens:
A Resolution authorizing the payment of bills incurred as a result of injuries sustained in line of duty by Cpl. Crawford Lee Hitt, of the Georgia State Patrol, and for other purposes.

HR 234. By Mr. Greene of Crisp:
A Resolution to provide the payment to N. Aldo Harrison the sum of $71.75 for damages to his automobile caused by the negligence of an employee of the State Highway Department of Georgia, and for other purposes.

HR 237. By Messrs. Mincy and Frier of Ware:
A Resolution proposing an amendment to the Constitution, creating the Waycross and Ware County Development Authority as a constitutional authority and public corporation, etc., and for other purposes.

HR 238. By Messrs. Mincy and Frier of Ware:
A Resolution proposing an amendment to the Constitution to provide for exemption from City School Tax to residences of all persons in the City of WaycroSIS, Ware County, who have attained the age of 65 etc., and for other purposes.

HR 244. By Mr. Holloway of Gilmer:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Gilmer County by the people, and for other purposes.

HR 246. By Mr. Lovett of Laurens:
A Resolution proposing an amendment to the Constitution relating to county system of public schools by providing that in the County of Laurens the Grand Jury shall select two members of the Board of Education from the east side of the Oconee River and three members from the west side of the river, 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 and resolutions of the House to-wit:

TUESDAY, DECEMBER 8, 1953

1603

HB 769. By Mr. Ivey of Newton:
A Bill to amend the charter of Covington, so as to authorize the construction and maintenance of a gas distribution in said City, and for other purposes.

HB 837. By Mr. Moore of Pickens:
A Bill to amend, consolidate, and supersede the several Acts Incorporating the Town of Jasper, and for other purposes.

HB 689. By Mr. Smith of Emanuel:
A Bill to amend Chapter 45-8 of the Code relating to oysters, shrimp and prawn by removing the State taxes, and for other purposes.

HR 231. By Mr. McWhorter of DeKalb:
A Resolution to compensate Roy A. Pert for damages occasioned by a road patrol owned and operated by the Georgia State Highway Department, 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 to-wit:
SB 241. By Senator Carlisle of the 51st:
A Bill to permit the widening of Williams Lane in the City of Macon from Madison Street to N. W. Boundary Street by ten feet; to permit the closing of N.W. Boundary Street for one block from Green Street to Williams Lane, 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 report of a Committee of Conference on the following bill of the House:
HB 128. By Messrs. H. Smith of Fulton, Hollis of Muscogee:
A Bill regulating traffic on streets and highways; to effect a complete revision of all and singular the laws of this State in any way dealing with the subject of traffic on the streets and highways, and for other purposes.
The Senate has adopted the report of a Committee of Conference on the following bill of the Senate:
SB 156. By Senators Edenfield of the 4th, Campbell of the 31st and Carlisle of the 51st:
A Bill to amend an Act approved February 25, 1953 (Ga. Laws 1953,

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JOURNAL OF THE HOUSE,

Jan-Feb Session, p. 216) known as the Subversive Activities Act, to make it a crime to advocate or conspire to overthrow or destroy the government of the United States or State of Georgia or any political subdivision thereof by revolution, force or violence; to make it a crime to be a member of a subversive organization; to require departments to investigate all applicants, 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 of the House to-wit:

HB 794. By Messrs. Sheffield of Brooks, Matthews of Clarke, Willis of Thomas and Jones of Worth:
A Bill to facilitate vehicular traffic in the State of Georgia by providing for the construction, maintenance, repair and operation of bridges and turnpike projects, and for other purposes.

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

SB 177. By Senators Parker of the 38th and Hale of the 15th:
A Bill to be entitled an Act to provide for retirement benefits for ordinaries of Georgia, and for other purposes.

SB 198. By Senators Kennedy of the 47th and others:
A Bill to be entitled an Act to amend the Code so as to provide that no prisoner convicted of a crime involving sexual perversion shall be allowed to become a trusty, and for other purposes.

SB 205. By Senators Shepherd of the lOth and Adams of the 12th:
A Bill to be entitled an Act to amend the Code so as to provide that any person attempting to escape before conviction but after arrest shall be guilty of a misdemeanor, and for other purposes.

SB 238. By Senator Millican of the 52nd:
A Bill to be entitled an Act for the protection to the pension rights of county employees and teachers and employees of certain cities, and for other purposes.

SR 96. By Senator Adams of the 12th:
A Resolution proposing a constitutional amendment providing for the election of the members of the Board of Education of Stewart County by the people, 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:

TUESDAY, DECEMBER 8, 1953

1605

HB 1013. By Messrs. Bentley and Smith of Cobb:
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.
The following committee substitute was read and adopted:

A BILL
To be entitled an Act to amend an Act creating a Commissioner of Roads and Revenues for Cobb County, approved August 7, 1924 (Ga. Laws 1924, p. 314), as amended, so as to provide for the submission of bids under certain conditions on purchases of over Two Hundred ($200.00) Dollars made by the governing authority of Cobb County and the commissioner; to make provisions relative to the employment and contracting with certain people; to provide procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.

An Act creating a Commissioner of Roads and Revenues for Cobb

County, approved August 7, 1924 (Ga. Laws 1924, p. 314), as amended,

is hereby amended by striking in its entirety, Section 12 and inserting

in lieu thereof a new Section 12 to read as follows:



"Section 12. It sha.ll be unlawful for the Commissioner to employ any person related to him within the first degree by blood or marriage or to contract with any such person for any equipment, material or supplies, or for any work to be done on the public roads, bridges, or other work of the county except when bids are received for any such work, equipment, material or supplies upon full specifications in reference thereto and a person so related submits the lowest' bid therefor. Any purchase of supplies and materials of over Two Hundred ($200.00) Dollars shall be by competitive bid if either member of the Advisory Board of the Commissioner of Roads and Revenues shall so stipulate. In which event written bids shall be submitted to the governing authority of Cobb County which shall have the right to reject any and all bids submitted. It shall be unlawful for any member of the Cobb County Governing Authority to have any financial interest in the sale or. purchase of any article to or from the County, or to receive any rebate, expense account, transportation, or other valuable consideration in connection with or through the purchase of any equipment, material, or supplies for the County or the awarding of any contract, and if either of said members shall violate any of the provisions of this section, he shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as for a misdemeanor and shall forfeit his office and such conviction shall create a vacancy in the office he holds."

SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.

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JOURNAL OF THE HOUSE,

AFFIDAVIT OF PUBLISHER
GEORGIA, COBB COUNTY.
Before me, an officer authorized to administer oath, came Brooks P. Smith, publisher of the Cobb County Times, who deposes and says that the following and attached notice of intent to apply for passage of a local bill, amending the Act creating the office of Commissioner of Roads and Revenues for Cobb County, so as to change the provisions relating to the employment of and the contracting with certain people, and for other purposes, was published in the Cobb County Times in its editions of November 12, 19, 26, 1953.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION.

Notice is hereby given that there will be introduced at the November session 1953 of the General Assembly of Georgia a bill to amend an Act which amended an Act creating the office of Commissioner of Roads and Revenues of Cobb County, approved March 4, 1953, (Georgia Laws, page 3009, and 1924 Laws, page 314); to provide for the submisssion of bids on all purchases made by the Governing Authority of Cobb County and the office of Commissioner of over $200.00 in value and to strike certain provisions relating to the employment of relatives and the contracting with certain people; and for other purposes.

This 11th day of November, 1953.

Is/ Fred D. Bentley

Deponent further says that the Cobb County Times is a newspaper of general circulation in Cobb County, Georgia, is published weekly, and is the newspaper in which the sheriff's notices are published.

This the 11th day of November, 1953.

Is/ Brooks P. Smith Publisher, Cobb County Times

Subscribed to and sworn to before me, as Notary Public this 11th day of November, 1953. Is/Margaret H. Smith Notary Public, Cobb County, Georgia.

(Seal)

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.

HB 1036. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act incorporating 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.

TUESDAY, DECEMBER 8, 1953

1607

On the passage of the bill, the ayes were 105, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1038. By Mr. Lokey of Fulton: A Bill to be entitled an Act to amend an Act creating a new charter for the City of East Point, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1039. By Mr. Lokey of Fulton: A Bill to be entitled an Act to amend an Act creating a new charter for the City of East Point, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 1040. By Mr. Lokey of Fulton: A Bill to be entitled an Act to amend an Act creating a new charter for the City of East Point, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1041. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of East Point, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1043. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act so as to fix the salaries of the clerk and marshal of 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 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 226. By Senator Millican of the 52nd:
A Bill to be entitled to an Act to amend an Act providing pensions for the police department of the City of Atlanta, and for other purposes.
The following amendment was read and adopted:
THE FULTON DELEGATION moves to amend Senate Bill No. 226 by striking the last section and substituting in lieu thereof the following sections, to be consecutively numbered as follows:
SECTION 2. That Section 6 of said act, relating to the board of trustees, be amended by striking therefrom the following:
"The Mayor shall have the privilege of designating the Chairman of the Finance Committee to serve in his stead and when so acting, he shall have all the powers hereinafter conveyed to the Mayor." so that said section, when amended, shall read as follows:
There is hereby established to serve, without pay, a board of trustees, whose duty it shall be to manage the funds that shall be collected to pay pensioners under the provisions of this Act, which said funds shall be kept by the city treasurer as a separate fund, and covered by his bond as such. The board of trustees shall consist of the mayor, city treasurer, city comptroller and two members of the police department, who shall be in good standing at the time of their election and who shall be elected on the first Tuesday in February of each year by the members of the department, active and inactive, who are in good standing and entitled to vote, these two members of the department shall serve one year and until their successors are elected. The mayor, city comptroller and city treasurer shall be permanent members of the board by virtue of their offices as such mayor, comptroller and treasurer.
SECTION 3. That Section 7 of said act, as amended, relating to meetings of the board be and the same is hereby further amended by striking therefrom the following:
"A majority of the Board of Trustees shall control on all disputed questions, but such decision shall be subject to review by the Superior Court in an action at law, suit in equity, writ of certiorari as provided by general law for such writs, or other proper proceeding, upon petition of such city or any other person who may have an interest in the funds provided by this article."
so that said section, when amended, shall read as follows:
The Board of Trustees shall see to it that the payments of the funds under this Act are made to those entitled to receive the same. Said board shall have its first meeting on Wednesday following their election, and shall organize by electing a chairman and a vice-chairman. The vice-chairman shall serve in the event of the absence or disqualification of the chairman, and all vouchers for the disbursement

TUESDAY, DECEMBER 8, 1953

1609

of funds shall be signed by the chairman; and such written order for disbursements shall fully protect the City Treasurer in the payment of said funds.
SECTION 4. That said act, as amended, be further amended by adding thereto a new section, to be known as Section 7 (a) as follows:
Section 7 (a). A majority of the board of trustees shall control on all disputed questions, but such city or any person making application for pension or other relief may appeal from the decision of the board of trustees to the superior court in and for the county in which such municipality lies, or if such municipality lies in more than one county, then to the superior court of the county in which the greater part of such municipality lies, by filing with the clerk of said court a petition in writing setting forth generally wherein such decision is erroneous. Such appeal shall be filed within thirty days after the decision of the board of trustees is rendered. The same shall be served on the opposite party or his attorney by delivering to him a copy thereof. Upon the filing of such an appeal the clerk of the superior court shall give immediate notice thereof to the secretary of the board of trustees and within thirty days from the date of such notice, the secretary of the board of trustees shall cause to be filed with the said clerk a copy of the application for pension or other relief involved and of the decision of the said board thereon, with the date thereof, duly certified by the secretary of the board of trustees. Thereafter, at the next term of the superior court, or in vacation upon ten days' notice to the parties, unless a jury trial is demanded in writing by one of the parties within thirty days after the appeal is filed with the clerk of the superior court, the judge of such court shall proceed to hear and pass upon the controversy. If a jury trial is demanded, the hearing shall be in order at the next term of the court. All such hearings shall be de novo proceedings. Any party at interest who is aggrieved by the judgment rendered by the superior court in such matter may have the same reviewed by a motion for new trial or direct bill o;r exceptions in the same manner as now provided by law for other judgments, orders and decrees of the superior eourts. The filing of an appeal in the superior court from any decision of said board of trustees shall act as a supersedeas.
SECTION 5. That all laws and parts of laws in conflict herewith are hereby repealed.

The report of the committee, which was favorable to the passage of the bill. was agreed to, as amended.
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 227. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing pensions for members of the fire departments of certain cities, and for other purposes.
The following amendment was read and adopted:

1610

JOURNAL OF THE HOUSE,
THE FULTON DELEGATION moves to amend Senate Bill No. 227 by striking the last section and substituting in lieu thereof the following sections, to be consecutively numbered as follow's:
SECTION 2. That Section 6 of said act; relating to the Board of Trustees, as amended, be and the same is further amended by striking therefrom the following sentences:
"The Mayor may delegate all of his powers under this act to the Chairman of the Finance Committee and when so acting, he shall have all of the powers herein conferred upon the Mayor." and
"A majority of the Board of Trustees shall control on all disputed questions, but such decision shall be subject to review by the Superior Court in an action at law, suit in equity, writ or certiorari as provided by general law for such writ, or other proceedings, upon petition of such City or any person who may have an interest in the funds provided by this act, as amended."
so that said section, when amended, shall read as follows:
Section 6. Be it further enacted that there is hereby established, to serve without pay, a board of trustees whose duties it shall be to manage said funds, which shall be kept by the city treasurer of such cities as a separate fund and covered by his bond as such. The board of trustees shall consist of the city treasurer, the city comptroller, the mayor and two members of the fire department to be elected by the members of said department in active service at the date of the approval of this Act or in active service on the first day of the month following the qualifications of any other city under the terms of this Act. The members of any such department in active service on the date of the approval of this Act in all cities having more than 150,000 population by the United States census of 1920 or any subsequent census shall elect the two members of the department within sixty days after the approval of said Act. The Mayor, the treasurer and the city comptroller shall be ex-officio members of such board and the elected members shall serve for a term of one year and until their successors are elected and qualified. Any exisiting board of trustees created under this Act, before amendment, is hereby abolished.
SECTION 3. That said act, as amended, be further amended by add-
ing a new section to be known as Section 6 (b) to read as follows:
Section 6 (b). A majority of the board of trustees shall control on all disputed questions, but such city or any person making application for pension or other relief may appeal from the decision of the board of trustees to the superior court in and for the county in which such municipality lies, or if such municipality lies in more than one county, then to the superior court of the county in which the greater part of such municipality lies, by filing with the clerk of said court a petition in writing setting forth generally wherein such decision is erroneous. Such appeal shall be filed within thirty days after the decision of the board of trustees is rendered. The same shall be served on the opposite party or his attorney by delivering to him a copy thereof. Upon the filing of such an appeal the clerk of the superior court shall give immediate notice thereof to the secretary of the board of trustees and within thirty days from the date of such notice, the secretary of the board of trustees shall cause to be filed with the

TUESDAY, DECEMBER 8, 1953

1611

said clerk a copy of the application for pension or other relief involved and of the decision of the said board thereon, with the date thereof, duly certified by the secertary of the board of trustees. Thereafter, at the next term of the superior court, or in vacation upon ten days' notice to the parties, unless a jury trial is demanded in writing by one of the parties within thirty days after the appeal is filed with the clerk of the superior court, the judge of such court shall proceed to hear and pass upon the controversy. If a jury trial is demanded, the hearing shall be in order at the next term of the court. All such hearings shall be de novo proceedings. Any party at interest who is aggrieved by the judgment rendered by the superior court in such matter may have the same reviewed by a motion for new trial or direct bill of exceptions in the same manner as now provided by law for other judgments, orders and decrees of the superior courts. The filing of an appeal in the superior court from any decision of said board of trustees shall act as a supersedeas.
SECTION 4. That all laws and parts of laws in conflict herewith are hereby repealed.

The report of the committee, which was favorable to the passage of the bill, was agreed to, 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 230. By Senator Wilkes of the 53rd:
A Bill to be entitled an Act to amend an Act so as to enlarge the corporate limits of the City of Adel, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 234. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing for the creation of a Civil Service Board 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 235. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide for the sending of copies of building permits to the joint city-county board of tax assessors of certain cities; and for other purposes.

1612

JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 212. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing pensions for employees 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 214. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Code relating to time of making tax returns by striking the exemption pertaining to 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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 216. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act authorizing the City of Atlanta to adopt traffic regulations at the municipal airport, and for other purposes.
The following amendment was read and adopted:
THE FULTON DELEGATION moves to amend Senate Bill No. 216 by striking the last section thereof and adding the following sec~ tions:
SECTION 1. In addition to all other powers, the governing authority of the City of Atlanta is hereby authorized and empowered to make, adopt, promulgate and from time to time amend, extend and add to any ordinance or ordinances restricting, limiting or otherwise regulating the use of any building or buildings or any vacant lot or vacant lots for public parking, and may, as a condition precedent, require the operators of all or any such building or lot for public parking purposes to apply to the governing authority of the City for a permit and to procure such a permit before beginning business. Any such permit may be granted on named conditions.
SECTION 2. For the purpose of aiding the City and the govern~ ing authorities thereof in promulgating and enforcing the ordinances authorized in the preceding section, there is hereby created a commission to be known as the Traffic and Transportation Commission of the

TUESDAY, DECEMBER 8, 1953

1613

City of Atlanta. It shall be composed of the Mayor and a member of the Board of Aldermen, as ex-officio members, and seven citizens of the City. to be appointed by the Mayor with the approval of the Board of Aldermen. The Mayor shall annually appoint the member of the
Board of Aldermen.

SECTION 3. Four of the citizen members shall be appointed for a four year term and three for two years. Their successors shall be appointed for a term of four years.

SECTION 4. The Mayor shall appoint one of its citizen members as Chairman and another as Vice-Chairman and fix their terms of office as such. The Secretary of the Commission shall be the City Traffic Engineer. Five members shall constitute a quorum. The Commission shall fix the date of its stated meetings which shall not be less than one each month, and special meetings may be called by the Chairman upon giving 24 hour notice. It shall have power to issue subpoenas and subpoena duces tecum and to compel the attendance of witnesses. Any person served with such subpoena and failing to respond thereto may be punished as provided by the ordinances of the city upon conviction in the Municipal Court.

SECTION 5. The Traffic and Transportation Commission herein created, among other things, shall have the following duties:

1. Within the limits of the funds at its disposal, publish reports, receive suggestions and hold public hearings having to do with traffic matters, and recommend ways and means for improving traffic conditions and the administration and enforcement of traffic regulations.

2. To review periodically surveys and studies made by the Department of Traffic Engineering or other agency on traffic, parking and transit and make recommendations to the Mayor and Board of Aldermen regarding the same.

3. To receive applications and re-applications for permits to use

property (zoned for business) for new off-street public parking

facilities or to expand exisiting facilities; to hold public hear-

ings and take evidence regarding such applications; to re-

commend to the Mayor and Board of Aldermen that such applica-

tions be approved or disapproved, after consideration of such

factors as:



(a) Size of proposed facility (especially in relation to the vehicular capacity of streets of ingress and egress);

(b) Physical arrangements for ingress and egress:

(c) Reservoir space for incoming and outgoing vehicles;

(d) Effect of any plan (such as the Expressway Program or the Major Street Plan) on the flow or the pattern of traffic in adjacent street; and

(e) Financial responsibility of the applicant.

SECTION 6. In the exercise of the powers herein authorized, no ordinance providing for the control of traffic on the streets of Atlanta shall be passed or amended, and no permit shall be granted and become effective until same shall have first been submitted for ap-

1614

JOURNAL OF THE HOUSE,

proval or disapproval to the Commission herein created. Any proposal, approval, disapproval or suggestion of the Commission herein created shall have an advisory effect only and shall not be binding on the said governing authority of the city, and, unless said Commission shall have transmitted its report upon any proposed ordinance or permit within 30 days after the submission thereof to it, the governing authority of the city shall be free to proceed to the adoption of the proposed ordinance or the granting of the proposed permit without further awaiting the receipt of the report of the Commission.
SECTION 7. For the purpose of establishing policies and programs and coordinating all activities of the City Government in matters pertaining to traffic, parking and transit, the Mayor and Board of Aldermen are hereby directed to establish the Aldermanic Traffic, Parking and Transit Committee. It shall be composed of the Mayor, the Chairman of the Finance Committee, Police Committee, Public Works Committee, and Electric Lights Committee of the Board of Aldermen. The Mayor shall appoint the Chairman, Vice Chairman, and Secretary of the Committee.
SECTION 8. The Mayor and Board of Aldermen are authorized to increase by ordinance the jurisdiction, powers and duties of the Traffic and Transportation Commission and the Aldermanic Traffic, Parking and Transit Committee created in this act.
SECTION 9. All laws and parts of laws in conflict herewith are hereby repealed.
SECTION 10. This Act shall become effective January 1, 1954.

The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 120, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the following bills of the Senate were again taken up for consideration:
SB 225. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Pension Act of the City of Atlanta, and for other purposes.
The following amendment was read and adopted:
THE FULTON DELEGATION moves to amend Senate Bill No. 225 by striking the last section and substituting in lieu thereof the following sections, to be consecutively numbered as follows:
SECTION 2. That Section 4 of said act, as amended, is further amended by striking therefrom the following:
"The Mayor shall have the privilege of designating a chairman of the finance committee to serve in his stead and when so acting he shall have all the powers hereinafter conveyed to the mayor." and
"The decision of said board of trustees granting or refusing a

TUESDAY, DECEMBER 8, 1953

1615

pension shall be subject to review by the superior court in an action at law, suit in equity, writ of certiorari as provided by general law such writs or other proper proceeding, upon petition of such city or any other person who may have an interest in the funds provided by this Act, as amended. Any existing board of trustees created under this Act before amendment is hereby abolished."
so that said section, when amended, shall read as follows:
There is hereby established a board of trustees, whose duty it shall be to see that the provisions of this Act are carrier out and that the funds are kept separate. Said board of trustees shall be composed of the mayor, the city comptroller and a member of the board of education, to be elecLed annually lty the board of education (or such other officials who may discharge the duties usually assigned to such officers) together with one other member to be elected annually by the employees of the school department participating in said pension plan; and one member to be elected from non-school employees by the mayor and general council annually. The first elections herein authorized shall be had by the respective governing authorities at the first meeting after the approval of this Act. In all cities subsequently coming under the Act, the first elections shall be held at the first regular meeting after the population shall be determined. The Mayor shall be the chairman of the board of trustees and the comptroller shall be the secretary thereof and all members of the board shall serve without pay, except the secretary who shall be paid fifty dollars per month, from the pension fund. Whenever any pension has been granted by said board, a check shall be drawn on the fund provided for the payment of the pension each month during the life of the pensioner, signed by the mayor, countersigned by the secretary and paid by the treasurer. The city treasurer shall be the treasurer of said board of trustees. The board of trustees shall be authorized to pay out of the pension fund all necessary expenses in the operation of said board. Said board is authorized to make all necessary rules for the carrying out of the provisions of this Act, to reconcile conflicts therein, if any should exist, and to provide for the equitable disposition of any matter not specifically covered by the provisions of this Act, provided, that all such rules must be consistent with the terms and spirit of this Act.
SECTION 3. That said act, as amended, be further amended by
adding thereto a new section to be known as Section 4 (b) to read as
follows:
Section 4 (b). A majority of the board of trustees shall control on all disputed questions, but such city or any person making application for pension or other relief may appeal from the decision of the board of trustees to the superior court in and for the county in which such municipality lies, or if such municipality lies in more than one county, then to the superior court of the county in which the greater part of such municipality lies, by filing with the clerk of said court a petition in writing setting forth generally wherein such decision is erroneous. Such appeal shall be filed within thirty days after the decision of the board of trustees is rendered. The same shall be served on the opposite party or his attorney by delivering to him a copy thereof. Upon the filing of such an appeal, the clerk of the superior court shall give immediate notice thereof to the secretary of the board of trustees and within thirty days from the date of such notice, the secretary of the board of trustees shall ca:use to be filed

1616

JOURNAL OF THE HOUSE,

with the said clerk a copy of the application for pension or other relief involved and of the decision of the said board thereon, with the date thereof, duly certified by the secretary of the board of trustees. Thereafter at the next term of the superior court, or in vacation upon ten days' notice to the parties, unless a jury trial is demanded in writing by one of the parties within thirty days after the appeal is filed with the clerk of the superior court, the judge of such court shall proceed to hear and pass upon the controversy. If a jury trial is demanded, the hearing shall be in order at the next term of the court. All such hearings shall be de novo proceedings. Any party at interest who is aggrieved by the judgment rendered by the superior court in such matter may hav~ the same reviewed by a motion for new trial or direct bill of ex~eptions in the same manner as now provided by law for other judgments, orders and decrees of the superior courts. The filing of an appeal in the superior court from any decision of said board of trustees shall act as a supersedeas.
SECTION 4. That all laws and parts of laws in conflict herewith are hereby repealed.

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

SB 160. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act creating a board of tax assessors 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 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, all local bills passed this morning were ordered immediately transmitted to the Senate.
By unanimous consent, the following resolution and bill of the Senate were read the first time and referred to the committees:
SR 93. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution to redefine the method by which the City of Atlanta shall assume a proportionate part of the obligations of the Fulton County School District in the event of future annexations, and for other purposes.
Referred to the Committee on Amendments to the Constitution # 1.

SB 241. By Senator Carlisle of the 51st: A Bill to be entitled an Act to permit the widening of Williams Lane in

TUESDAY, DECEMBER 8, 1953

1617

the City of Macon from Madison Street to N. W. Boundary Street by ten feet, and for other purposes.
Referred to the Committee on Municipal Government.
By unanimous consent, the following bill of the Senate was withdrawn from the Committee on Municipal Government, read the second time and recommitted to the Committee on Municipal Government:
SB 197. By Senator Ramsey of the 1st:
A Bill to be entitled an Act to amend an Act so as to authorize the sale of part of St. Julian Street by the City of Savannah, and for other purposes.
Under the regular order of business, the following resolution of the House was again taken up for consideration:
HR 104-337h. By Messrs. Hand of Mitchell, Smith of Emanuel and Hall of Floyd:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, relating to County Boards of Education, and Section VI, Paragraph I, relating to County School Superintendents, so as to provide for optional methods of selecting the members of the County Board of Education; to provide the procedure therefor; to provide for the appointment of a County School Superintendent by the Board; 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.
Article VIII of the Constitution of Georgia of 1945, as amended, relating to education, is hereby amended by striking in its entirety Paragraph I of Section V relating to County Boards of Education, and Paragraph I of Section VI, relating to County School Superintendents, and inserting in lieu thereof the following to be known as Paragraph I of Section V of Article VIII :
"Authority is granted to counties to establi!>h and maintain public schools within their limits. Each county, exclusive of any independent school system now in existence in a county, shall compose one school district and shall be confined to the control and management of a County Board of Education. The Grand Jury of each county, except as hereinafter provided, shall appoint from the citizens of their respective counties five freeholders who shall constitute the County Board of Education. This amendment shall not abolish the offices or the terms of the members serving at the time of its ratification. The members of the Board shall be appointed by the last Grand Jury immediately preceding the expiration of the term of the member that the member to be appointed will replace. The members shall be appointed for a term of five years and shaH be so appointed that the terms shaH remain staggered

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as provided in the Constitution prior to the ratification of this amendment.
"In any county, upon the recommendation of two consecutive Grand Juries, the members of the County Board of Education shall be elected by the people. In any county wherein such procedure is adopted, it shall not take effect until the calendar year following the year in which the recommendation of the second Grand Jury is made. In any such county, it shall be the duty of the Ordinary to hold an election each year, in order that the terms of the members remain staggered as provided in the Constitution prior to the ratification of this amendment, for the purpose of electing a member to succeed the member whose term will expire in such year. Such election shall be held not less than thirty nor more than sixty days prior to the date of the expiration of such member's term of office. In the event that the first two Grand Juries which meet in each county after the ratification of this amendment do not recommend that the members of the Board be elected by the people, the people shall have the right to petition the Ordinary to hold an election for the purpose of determining whether such procedure shall be adopted. Such petition must be by not less than thirty (30%) percent of the registered voters qualified to vote at the general election immediately preceding the presentation of the petition. Upon the filing of such petition, the Ordinary shall call a special election to be held not less than thirty nor more than forty-five days from the date of the filing of the petition, and the date and purpose of such election shall be published once a week for the two weeks immediately preceding the date of the election in the official organ of the county. If a majority of those persons voting in such election vote in favor of electing the members of the County Board of Education, then such procedure shall be adopted. If the members are elected, not more than two shall serve on the Board at any one time from the same Militia District, but the members shall be voted on by the voters of the entire county.
"In case of a vacancy on the Board by death, resignation of a member, or from any other cause other than the expiration of such members' term of office, the Board shall, by secret ballot, elect his successor to fill the unexpired term. The members of the Board shall be appointed or elected from that portion of the county not embraced within the territory of an independent school district.
"Any member who moves his residence into an area embraced within an independent school system shall immediately forfeit his office and the remaining members shall fill the vacancy as provided herein. No member of the County Board of Education shall hold any other public elective office while serving as such member.
"The General Assembly shall have authority to make provision for local trustees of each school in a county system and confer authority upon them to make recommendations as to budgets and employment of teachers and other authorized employees.
"There shall be a County School Superintendent who shall be the executive officer of the County Board of Education. He shall be appointed by the Board and shall serve at the pleasure of the Board. The qualifications of the County School Superintendent shall be fixed by law. The salary of the County School Superintendent shall be fixed by the County Board of Education of each county.
"The provisions of this Paragraph shall not affect any local con-

TUESDAY, DECEMBER 8, 1953

1619

stitutional amendment under which the members of the County Board of Education in any county are elected by the people or under which the County School Superintendent is appointed or elected by the members of the Board, or both, nor shall it affect any local constitutional amendment under which the school system of any county has been merged with that of an independent school system."
"The provisions of this Paragraph shall not affect or be applicable in any way to the counties of Richmond, Bibb, Chatham and Glynn."

SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to eilch of the two branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII of the Constitution so as to provide for optional methods of selecting the members of the County Board of Education, and appointment of the County School Superintendent by the Board."
"Against ratification of amendment to Article VIII of the Constitution so as to provide for optional methods of selecting the members of the County Board of Education, and appointment of the County School Superintendent by the Board."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.
Hollis, Pickard and Young of Muscogee move to amend HR 104-337h by adding thereto a new paragraph reading as follows:
This amendment shall in no way affect the Muscogee County School District or Muscogee County.
Hoke Smith of Fulton moves to amend the Committee Substitute by adding to the last paragraph of Section 1 the words "and Fulton"
Mobley of Burke moves to amend HR 104-337h by striking the following language from Section 1 thereof:

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No member of the County Board of Education shall hold any other public elective office while serving as such member.

The committee substitute and amendments thereto were read and withdrawn.
The following substitute to HR 104-337h, offered by Messrs. Hand of Mitchell, Smith of Emanuel and Hall of Floyd, was read:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, relating to County Boards of Education, and Section VI, Paragraph I, relating to County School Superintendents, so as to provide for optional methods of selecting the members of the County Boards of Education and the County School Superintendents; to provide for the procedure therefor; to provide for the establishment of school sub-districts in each county, with optional provisions for election of board members from the respective sub-districts; 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.
Article VIII of the Constitution of Georgia of 1945, as amended, relating to education, is hereby amended by striking in its entirety Paragraph I of Section V relating to County Boards of Education, and Paragraph I of Section VI, relating to County School Superintendents, and inserting in lieu thereof the following to be known as Paragraph I through VIII of Section V of Article VIII:
"1. Authority is granted to counties to establish and maintain public schools within their limits. Each county, exclusive of any independent school system now in existence in a county, shall compose one school district and shall be confined to the control and management of a county board of education. Each county school district shall be divided into five School Board districts which shall be established by the present county board of education in each county and shall be divided as nearly as practicable according to population. They shall be designated as districts 1, 2, 3, 4, & 5. There shall be one member of the county beard of education from each of such School Board districts. The members of each county board of education shall be elected, except as hereinafter provided, by the grand jury of each county. The terms of the members of each county board of education serving at the time of the ratification of this amendment, and the terms of all those members elected by the grand jury or elected by the board to fill a vacancy caused by death, resignation or any other cause, including expiration of term, between the time of the ratification of this amendment and December 31, 1955, shall expire no later than December 31, 1955. The last regular grand jury meeting in each county in the year 1955 shall elect five citizens, one from each of the School Board districts of such county, as members of the county board of education to take office January 1, 1956. Two members, those from School Board districts 1 and 2, shall be elected for terms of 2 years. The other

TUESDAY, DECEMBER 8, 1953

1621

three shall be elected for terms of 4 years. The term of each member shall expire on the 31st day of December of the last year of his term. All future members of the board shall be elected by the last grand jury in the year in which the term of office of the person to be succeeded expires, and the person so elected shall take office January first of the year following his election for a term of 4 years.
"II. In case of a vacancy on the board by death, resignation or any cause, the board shall, by secret ballot, elect a successor from the same School Board district as the retiring or previous member who shall hold office until the next grand jury convenes, at which time said grand jury shall elect a person to fill the unexpired term. Any member of the County Board of Education who moves his residence into an area embraced within an independent school system, or, who moves from the school board district of the county in which he was residing at the time he was elected to the board shall immediately forfeit his office and the remaining mem. bers shall fill the vacancy as provided herein.
"Ill. There shall be a County School Superintendent who shall be the executive officer of the County Board of Education. The qualifications and the salary of the County School Superintendent shall be fixed by law. Except as hereinafter provided, he shall be elected by the people and his term of office shall be for four years and shall run concurrently with other county officers.
"IY. In every county of this State there shall be held an election on the first Wednesday of April, 1955, at which election the question of whether or not the members of the County Board of Education shall be elected by the people, and whether or no~ the County School Superintendent shall be appointed by and to serve at the pleasure of the County Board of Education, shall be put to persons qualified to vote in each county for members of the General Assembly. It shall be the duty of the Ordinary of each county to issue the call for such election to cause notice of the date and purpose of such elec;tion to be published once a week for two weeks immediately prior to the date thereof in the official organ of each county. The ballot shall have printed or written thereon the words: 'For electing members of the County Board of Education by the people and appointment of the County School Superintendent by and at the pleasure of the County Board of Education' and 'Against electing members of the County Board of Education by the people and appointment of the County School Superintendent by and at the pleasure of the County Board of Education'. In any county, if a majority of those persons voting in such election vote in favor of electing the members of the County Board of Education by the people and appointment of the County School Superintendent by and at the pleasure of the County Board of Education, then such procedure shall be adopted, and elections shall be held as provided in Paragraph VI of this Section. In any county, if a majority of those persons voting in such election vote against the adoption of such procedure, the method of selecting members of the County Board of Education and the election of the County School Superintendent shall be as provided in Paragraphs I and III of this Section, unless and until the people, at a subsequent election held pursuant to Paragraph V of this, Section, vote in favor of adopting such procedure.

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''V. In any county, upon the recommendation of two consecutive Grand Juries that the members of the County Board of Education be elected by the people and that the County School Superintendent be appointed by and serve at the pleasure of the County Board of Education, or, upon petition to the Ordinary by not less than thirty (30%) percent of the registered voters qualified to vote at the general election immediately preceding the presentation of the petition that the members of the County Board of Education be elected by the people and that the County School Superintendent be appointed by and serve at the pleasure of the County Board of Education, the Ordinary shall call a special election to determine whether or not the members of the County Board of Education shall be elected by the people and whether or not the County School Superintendent shall be appointed by and to serve at the pleasure of the County Board of Education, to be held not less than thirty nor more than forty-five days from the date of the second of such Grand Jury recommendations or from the date of the filing of such petition, and the date and purpose of such election shall be published once a week for the two weeks immediately preceding the date of the election in the official organ of the county. The ballot shall have printed or written thereon the words: 'For electing members of the County Board of Education by the people and appointment of the County School Superintendent by and at the pleasure of the County Board of Education' and 'Against electing members of the County Board of Education by the people and appointment of the County School Superintendent by and at the pleasure of the County Board of Education'. If a majority of those persons voting in such election vote in favor of electing the members of the County Board of Education by the people and that the County School Superintendent be appointed by and serve at the pleasure of the County Board of Education, then such procedure shall be adopted and elections shall be held as provided in Paragraph VI of this Section.
"VI. In any county where the people shall vote in favor of electing the members of the County Board of Education by the people and in favor of appointing the County School Superintendent by and at the pleasure of the County Board of Education, it shall not take effect until the next calendar year immediately following the year in which such election is held and such procedure is adopted; provided, however, that the County Board of Education shall not appoint a County School Superintendent to serve until the expiration of the term of office of the County School Superintendent elected immediately previous to the adoption of such procedure. In any such county it shall be the duty of the Ordinary to hold an election not less than thirty days nor more than sixty days prior to the end of the calendar year in which such adopted procedure becomes effective, to elect members of the County Board of Education. Two members, those from school board districts one and two shall be elected for 2 years, and the other three members shall be elected for 4 years. Following the first term the terms of office for all members shall be for 4 years. Following the establishment of the election procedure in any county the Ordinary of such county shall call an election each two years so that the terms of office shall remain staggered, two being elected one two years, and the other three the following two years. Such election shall be not more than 60 nor less than 30 days from the end of the calendar year.

TUESDAY, DECEMBER 8, 1953

1623

"VII. The General Assembly shall have authority to make provision for local trustees of each school in a county system and confer authority upon th~m to make recommendations as to budgets and employment of teachers and other authorized employees.
"VIII. The provisions of this Section shall not affect any local constitutional amendment under which the members of the County Board of Education in any county are elected by the people or under which the County' School Superintendent is appointed or elected by the members of the Board, or both, nor shall it affect any local constitutional amendment under which the school system of any county has been merged with that ofanindependent school system; nor shall this Section affect or be applicable in any way to the counties of Richmond, Bibb, Chatham and Glynn, nor shall this section affect any local constitutional amendment setting up special county and/or independent system methods of electing local Boards of Education which is voted in at t~ same time as this amendment.

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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the .above proposed am,endment shall be submitted for ratification or rejection to the electors as provided in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII of the Constitution so as to provide for optional methods of selecting the members of the County Board of Education and County School Superintendent."
"Against ratification of amendment to Article VIII of the Constitution so as to provide for optional methods of selecting the members of the County Board of Education and the County School Superintendent."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.
The following amendment was read and adopted:
Messrs. Weems and Floyd of Chattooga move to amend the substitute for HR 104-337h by striking paragraph 4 of Section 1 in its en-

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tirety and renumbering the remaining paragraphs of said section appropriately.

An amendment offered by Mr. Dean of Towns was read and lost.

The following amendment was read and adopted:

Mr. Watson of Dougherty moves to amend the substitute to HR 104-337h by adding the word "either" immediately before the words "or both" in subsection VIII of Section 1.

An amendment offered by Mr. Hale of Dade was read and lost.

The substitute, as amended, was adopted.

The report of the committee, which was favorable to the adoption of the resolution, by substitute, was agreed to, by substitute, as amended.

On the adoption of the resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Ayers
Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Blackburn Bloodworth Bodenhamer Bolton Bray Byrd Campbell of Oconee Campbell of Walker Chastain Cheatham Cloud Coffin Coogle Dews Dunaway Duncan Edwards Floyd Foster Frier Garrard Gilder Green of Baldwin Green of Rabun Greene of Crisp

Greer Groover of Bibb Groover of Troup Gunter Hall Hamilton Harper Harrell Harrison of Jenkins Harrison of Wayne Hayes Hicks Holley
Hollis Holloway Holton Horne Ingle Jackson Jordan of Gwinnett Kemp Key King Lavender Lewis Lokey Lovett McCracken Matthews Mauldin Mincey

Moate Moore of Pickens Mull Murphy of Haralson Parker Pickard Ray Rutland Scoggin Short Sipple of Chatham Sivell Smith of Cobb Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Terrell Trapnell Twitty Veal Walker Watson Whitener
Williams of Bulloch Williams of Tift Willis Wooten

Those voting in the negative were Messrs.:

Adams of Evans Alexander Black Blalock

Boggus Brannen Brantley Brazeal

Britton Brooks Buie Carswell

TUESDAY, DECEMBER 8, 1953

1625

Clark Coker Connell Cowart Dean of Towns Drinkard
Durham Flynt
Gillis Gowen Grimsley
Hale Henderson Hodges Hopkins Huddleston Hughes Hurst Ivey Jessup Lanier

Layton Lifsey Little
McGari~y
Martin Matheson Mishoe Mobley
Moore of White Moses Moye Murphey of Crawford Murr Musgrove Nelson Nightingale
Peacock Perkins Phillips of Walton Potts Raulerson

Register
Rowland Russell Sheffield Smiley Stewart Stocks Strickland Swindle Tallant Tamplin Tarbutton Todd Tumlin Turk Upshaw Wardlow White Wiggins Wilkinson Young

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

Mr. Hall of Floyd moved that HR 104-337h be tabled and the motion prevailed.

The resolution was placed on the table.

By unanimous consent, the Clerk was directed to correct certain typographical errors appearing in the following bill of the House:

liB 733. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to amend an Act revising the charter of the Cty of Fitzgerald, and for other purposes.

Under the regular order of business, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:

HB 888. By Messrs. Connell and Register of Lowndes and Tumlin of Bartow:
A Bill to be entitled an Act to amend an Act providing for the payment of annuities to the peace officers of the State, and for other purposes.
The following committee amendment was read and adopted:
Committee on Pensions moves to amend House Bill No. 888 by:
Striking in its entirety the matter quoted as Section 11 in Section 1 of said bill, and inserting in lieu thereof a new Section 11 to read as follows:
"Section 11. That the money so paid into the bands of the Treasurer of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund of Georgia herein provided shall be used for the following purposes: Upon proper application being presented by a peace officer upon a form to be provided by the Board for annuities or benefits or

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both, and approval thereof granted by the Board, the Treasurer shall thereupon pay to such applicant a monthly sum of sixty per cent (60o/o) of the average monthly salary or income received by such applicant over a period of three (3) years immediately prior to the date of the application therefor if such applicant has had twenty (20) years' service as a peace officer in Georgia and is 55 years of age or older; provided, however, that the amount paid to such applicant shall in no case exceed the sum of one hundred dollars ($100.00) per month. An applicant who has had twenty-five (25) years' service as a peace officer in Georgia and is 60 years of age or older shall be paid the sum of eighty percent (80%) of the average monthly salary or income received by the applicant over a period of three (3) years immediately prior to the date of the application; provided, however, that the amount paid to such applicant shall in no case exceed the sum of one hundred twenty-five dollars ($125.00) per month. No person shall be eligible for benefits hereunder until his official duties shall have terminated unless otherwise provided in this Act and unless he shall file an application within ninety (90) days or as soon thereafter as possible from the time of termination of his official duties as such peace officer in the State of Georgia. Any peace officer becoming a member of the fund on or after April 1, 1953, must remain an active member and, in addition to completing the required years of service, must remit the correct amount to the fund for a period of three (3) years from the date of his becoming a member - before being eligible for any retirement benefits provided under this Act; provided, however, that nothing contained in this section shall be construed to in any manner alter the requirements of Section 2 of said Act, as amended, with respect to the requirement that no peace officer shall receive credit for service after March 1, 1951, unless he has paid into the fund the amount required by this Act for all such services."
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 20.
The bill, having received the requisite constitutional majority, was passed,
as amended.
By unanimous consent, HB 888 was ordered immediately transmitted to the
Senate.

HR 332-1032b. By Mr. Lanier of Candler:
A Resolution compensation Mr. George W. Bird, Jr., for damages, 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.
By unanimous consent, HR 332-1032b was ordered immediately transmitted to the Senate.

TUESDAY, DECEMBER 8, 1953

1627

H;B 659. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to increase the penalties for molesting children, and for other purposes.
The following committee amendment was read and adopted:
The Committee on General Judiciary No.2 moves to amend HB .659 by striking the word "sixteen" and substituting the word "fourteen" in Section 1 of the bill.
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 127, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the Clerk was directed to correct certain typographical errors appearing in HB 659.
By unanimous consent, HB 659 was ordered immediately transmitted to the Senate.
HR 331-1032a. By Mr. Rowland of Johnson:
A Resolution compensating Mrs. Hilda Fennell for damages, 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 129, nays .0.
The resolution, having received the requisite constitutional majority, was adopted.
By unanimous consent, HR 331-1032a was ordered immediately transmitted to the Senate.
HR 319-1015a. By Mr. Lovett of Laurens:
A Resolution compensating Mr. Sankey Booth for services rendered as a teacher, 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 resolution, the ayes were 125, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
By unanimous consent, HR 319-1015a was ordered immediately transmitted to the Senate.

HR 310-1001a. By Messrs. Mincy and Frier of Ware and others: A Resolution urging the Georgia Public- Service Commission to require

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Georgia Power and Light Company to fix its rates on a basis comparable to those of the Georgia Power Company, and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 120, nays 5.
The resolution, having received the requisite constitutional majority, was adopted.

HB 602. By Messrs. Floyd and Weems of Chattooga and Scoggin and Hicks of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide that certain disabled veterans may conduct a business without a license when such persons have a certificate of exemption, and for other purposes.
The following committee substitute was read and adopted:
The House Committee on Veterans Affairs moves to amend House Bill No. 602 by striking said bill in its entirety and inserting in lieu thereof a new bill, which shall read as follows:

A BILL
To be entitled an Act to repeal Section 84-2011 of the 1933 Code of Georgia, as amended, especially as amended by an Act approved March 27, 1947 (Ga. Laws 1947, p. 1151) and an Act approved March 27, 1947 (Ga. Laws 1947, p. 1163), relating to the issuance of certificates exempting certain disabled or injured veterans and blind persons from payment of business license tax; to repeal an Act entitled, "An Act to amend an Act approved August 18, 1919, to provide rules of eligibility for applicants for disabled veterans' license; to provide for the issuance by the State Revenue Commissioner of Georgia certificates of exemption from payment of peddlers and business license tax to the holders of such disabled veterans' licenses; to authorize the State Revenue Commissioner of Georgia to cancel such license for cause; and for other purposes.", approved March 15, 1935 (Ga. Laws 1935, p. 163); to repeal an Act entitled, "An Act to amend An Act approved March 15, 1935 (Georgia Laws 1935, pages 163-166), providing for the isSuance of certificates of exemption from the payment of peddlers and, business license tax to holders of disability veterans license; to establish rules of eligibility for certificates of exemption from the payment of such license tax; to .make veterans of the present war eligible for certificates of exemption along with veterans of the first World War; to provide that no veterans shall receive a certificate of exemption for the operation of more than one place of business; to restri'ct and limit the use of veterans certificates of exemption to veterans as herein classified; to provide a penalty for the violation of this Act; and for other purposes.", approved March 20, 1943 (Ga. Laws 1943, p. 617), so as to provide that certain disabled Teterans, blind persons and disabled peacetime veterans may peddle, conduct business or practice the professions or semi-professions in any town, city, county or municipality of this State without paying a license for the privilege of sodoing when such a person has a certificate of exemption issued b:y the State Revenue Commissioner; to provide the qualifications necessary to receive a certificate of exemption; to provide that applica-

TUESDAY, DECEMBER 8, 1953

1629

tion and affidavit must be made to the ordinary of the county in which the applicant resides; to provide for the issuance of a certificate of eligibility by the ordinary; to provide that certificates of eligibility issued by the ordinary shall be prima facie evidence of the right of the holder to receive a certificate of exemption issued by the State Revenue Commissioner; to provide authority for the State Revenue Commissioner to issue certificates of exemption; to provide that the State Revenue Commissioner may prescribe rules for the issuance of certificates of exemptions; to provide that the State Revenue Commissioner may cancel or suspend certificates of exemption for cause; to provide for notice and hearings before any certificate of exemption may be suspended or cancelled; to provide that applicants must state on their application the kind of business and the place where such proposed business is to be operated and to limit the business such person operates to the business described in the application filed with the State Revenue Commissioner; to provide that no person receiving a certificate of exemption under this Act shall allow the use of his or her name by any other person for the purpose of avoiding any license tax levied by the State or any county or municipality in this State; to provide that the State Revenue Commissioner shall furnish upon request of executive officers of municipalities of this State information as to payment of income taxes by applicants for exemption under this Act; to provide that certain occupations and businesses shall be excluded from this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
Section 1. Section 84-2011 of the 1933 Code of Georgia, as amended, especially as amended by an Act approved March 27, 1947 (Ga. Laws 1947, p. 1151) and an Act approved March 27, 1947 (Ga. Laws 1947, p. 1163), relating to the issuance of certificates exempting certain disabled or injured veterans and blind persons from payment of business license tax, is hereby repealed in its entirety; an Act entitled, "An Act to amend an Act approved August 18, 1919, to provide rules of eligibility for applicants for disabled veterans' license; to provide for the issuance by the State Revenue Commissioner of Georgia certificates of exemption from payment of peddlers and business license tax to the holders of such disabled veterans' licenses; to authorize the State Revenue Commissioner of Georgia to cancel such license for cause; and for other purposes.", approved March 15, 1935 (Ga. Laws 1935, p. 163), is hereby repealed in its entirety; and an Act entitled, "An Act to amend An Act approved March 15, 1935 (Georgia Laws 1935, pages 163-166) providing for the issuance of certificates of exemption from the payment of peddlers and business license tax to holders of disability veterans license; to establish rules of eligibility for certificates of exemption from the payment of such license tax; to make veterans of the present war eligible for certificates of exemption along with veterans of the first World War; to provide that no veteran shall receive a certificate of exemption for the operation of more than one place of business; to restrict and limit the use of veterans certificates of exemption to veterans as herein classified; to provide a penalty for the violation of this Act; and for other purposes.", approved March 20, 1943 (Ga. Laws 1943, p. 617), is hereby repealed in its entirety.
Section 2. The following classes of persons subject to the limita-
.tions hereinafter provided may peddle, conduct business, or practice the

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professions and semi-professions in any town, city, county or mumcipality in this State without paying a license for the privilege of so doing, provided such person receives a certificate of exemption issued by the State Revenue Commissioner as hereinafter provided:
(a) Any disabled veteran of any one or more of the following wars:
(1) Spanish-American War
(2) World War I
(3) World War II
(4) Korean Conflict
(b) Any blind person
(c) Any veteran of peace-time service in the United States armed forces who has a physical disability incurred during the period of said service.
Section 3. (a) No person shall be entitled to a license to peddle, conduct business or practice the professions or semi-professions under this Act until it has been made to appear to the issuing authority that the person making application therefor is a resident of this State; that the income of such person is such that he or she is not liable for the payment of State income taxes.
(b) Blind persons must furnish satisfactory proof of their blindness to the issuing authority.
(c) A war veteran must furnish satisfactory proof that he or she has a physical handicap disabling to the extent of 10% or more; that his or her service in the armed forces of the United States was terminated under conditions other than dishonorable; and that his or her service or some part thereof were rendered during a war period as defined by an Act of the Congress of the United States, approved March 20, 1933, entitled "An Act to Maintain the Credit of the United States," and commonly known as Public #2, 73rd Congress; or that some part of his or her service was rendered on or after December 7, 1941 and before December 31, 1946; or that some part of his or her service was rendered on or after June 27, 1950 and before that date which is fixed by proclamation of the President of the United States as the date of termination of the present conflict in Korea. Proof of such 10% disability shall be established upon the written certificate of two physicians as to such disability, or by a letter or other written evidence from the United States Veterans Administration stating the degree of disability, or written evidence from the branch of the armed forces of the United States in which such veteran served.
(d) A veteran of peace-time service in the United States armed forces must furnish proof that he or she has a physical disability to the extent of 25% or more incurred in line of duty during the period of said service by a letter or other written evidence from the United States Veterans Administration stating the degree of disability, or by written evidence from the branch of the armed forces of the United States in which such veteran served; that his or her service in the armed forces of the United States was terminated under conditions other than dishonorable.
Section 4. That all persons within the groups enumerated in Sec-

TUESDAY, DECEMBER 8, 1953

1631

tion 2 of this Act seeking a certificate of exemption from the payment of a license for peddling, conducting a business or practicing a profession or semi-profession must first make application to the ordinary of the county in which he or she resides for a certificate of eligibility. Each applicant shall make an affidavit before the ordinary that he or she is not subject to payment of any income taxes to the State of Georgia. Upon receipt of the evidence required in Section 3 of this Act and the execution of the affidavit required by this section, the ordinary shall issue a certificate of eligibility stating that the applicant has furnished the proof required for the issuance of a certificate of exemption required by the State Revenue Commissioner.
Section 5. The certificates of eligibility issued by any of the ordinaries of this State shall be prima facie evidence of the right of the holder thereof to a certificate of exemption to be issued by the State Revenue Commissioner. However, the State Revenue Commissioner may require additional proof when he has reason to believe that any applicant is not entitled to the exemptions provided for in this Act. The State Revenue Commissioner shall make and prescribe reasonable rules and regulations not inconsistent with this Act governing the issuance of certificates of exemption.
Section 6. The State Revenue Commissioner may cancel or suspend certificates of exemption at any time when it shall appear that the holder has become physically or financially ineligible to claim the exemption; that the certificate of exemption was procured through 'fraud or mistake or that the person to whom such certificate was issued .has permitted another to enjoy the benefits of such exemption.
Any suspension or cancellation of the certificate of exemption may be made only after affording the person concerned an opportunity to be heard either by counsel or in propria persona. Service of ten days' written notice of the time and place the State Revenue Commissioner expects to hear and determine the question of such suspension or cancellation shall be deemed sufficient notice when delivered by registered mail or by any sheriff, deputy sheriff, marshal, constable or police officer of any county or municipality of this State and evidence of such service shall be deemed sufficient on proof of the receipt by the person concerned of the registered package in which notice has been mailed or the return of service of any other officer.
Section 7. All persons eligible for a certificate of exemption to be issued by the State Revenue Commissioner shall state in their application filed with the State Revenue Commissioner the kind of business to be operated and the place where such business is proposed to be carried on, and only the business described in the application shall be exempt from the payment of State, county and municipal business or occupation license taxes, and no person shall operate in his own name any other business than that described in his application filed with the State Revenue Commissioner as herein provided.
Section 8. No person receiving a certificate of exemption from the State Revenue Commissioner shall allow the use of his name or the use of his certificate by any other person for carrying on any business or profession in this State for the purpose of avoiding any tax levied by the State or any county or municipality in this State, and any person allowing his certificate of exemption to be used in violation of this provision shall be subject to have his certificate cancelled by the State

1632

JOURNAL OF THE HOUSE,

Revenue Commissioner. Any person attempting to operate any business or profession under a certificate of exemption issued under the provisions of this Act who is not the true and lawful holder of such certificate shall be guilty of a misdemeanor and shall, upon conviction, be punished as for a misdemeanor.
Section 9. The State Revenue Commissioner, upon request of the mayor or other executive officer of municipalities of this State, shall, furnish such municipalities of this State with information as to the payment of income taxes by applicants for exemption under the terms of this Act.
Section 10. No person qualifying under this Act shall be licensed to peddle any item, conduct any business or practice any profession or semi-profession which is prohibited by law. No person shall be licensed under this Act to deal in or peddle ardent or intoxicating drinks, to operate a billiard, pool or other table of like character, to deal in futures, to carry on a business of pawnbroker or auctioneer, or to sell fireworks.
Section 11. 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 602 was ordered immediately transmitted to the Senate.

SR 99. By Senators Callaway of the 35th and Jordan of the 25th:
A Resolution authorizing the appointment of a committee to study the desirability of establishing a Science Center at the University 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 112, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 1009. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend the Code relating to the sale of lewd literature and to amend an Act establishing the State Literature 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 54, nays 49.

TUESDAY, DECEMBER 8, 1953

1633

The bill, having failed to receive the requisite constitutional majority, was lost.

HB 1042. By Mr. Hall of Floyd:
A Bill to be entitled an Act to amend an Act establishing a retirement system for certain teachers so as to make provisions for teachers who are over age, and for other purposes.

The report 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, HB 1042 was ordered immediately transmitted to the Senate.

HR 223-743i. By Mr. Harrison of Wayne:
A Resolution compensating Mr. Ernest E. Roberson for the loss of a hog, 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.
By unanimous consent, HR 223-743i was ordered immediately transmitted to the Senate.

HR 276-867d. By Mr. Harrison of Wayne:
A Resolution compensating Mr. 0. L. Harris for damages, 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.
By unanimous consent, HR 276-867d was ordered immediately transmitted to the Senate.

HR 299-935b. By Messrs. Williams of Franklin and Harrison of Jenkins:
A RESOLUTION
Proposing to the qualified voters an amendment to Paragraph I of Section II, and Paragraph I of Section III, of Article VIII ,of the Constitution, relating to the State Board of Education and the State School Superintendent, by striking such provisions in their entirety and in-

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JOURNAL OF THE HOUSE,
serting in lieu of such stricken provisions a new Paragraph I of Section II of Article VIII, so as to have a State Board of Education to be composed of one member from each Congressional District in the State to be elected by the voters of each District; to provide that the Board shall elect the State School Superintendent; to provide the procedure connected therewith; to provide for a 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.
The Constitution of Georgia is hereby amended by striking in their entirety Paragraph I of Section II, and Paragraph I of Section III, of Article VIII, relating to the State Board of Education and the State School Superintendent, and inserting in lieu of such stricken provisions a new Paragraph I of Section II of Article VIII, to read as follows:
"Paragraph I. There shall be a State Board of Education composed of one member from each Congressional District in the State. The member from each District shall be elected by the voters of his District. All such elections shall take place in the respective districts upon the expiration of the term of office of the present member of the State Board of Education from such District. The term of office shall be for seven years. Vacancies on said Board caused by death, resignation, or any other cause other than expiration of the term of office, shall be filled by appointment by the Governor, and the person so appointed shall serve only the unexpired term of the member whom he succeeds. The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously for at least five years immediately preceding their election. No person employed in a professional capacity by a private or public educational institution or by the State Department of Education, shall be eligible for election or appointment to said Board. No person who is or has been connected with or employed by a schoolbook publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The State Board of Education shall have such powers and duties as may be provided by law. "There shall be a State School Superintendent who shall be the executive officer of the State Board of Education and who shall be elected by the Board and who shall serve at the pleasure of the Board. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the Board shall be eligible for election as State School Superintendent during the time for which he shall have been elected. The person elected as State School Superintendent in the general election of 1954 shall serve until the expiration of the term of office for which he is elected."
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon,

TUESDAY, DECEMBER 8, 1953

1635

the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution providing a State Board of Education consisting of one member from each Congressional District in the State to be elected by the voters of each respective District, and providing that the Board shall elect the State School Superintendent."
"Against ratification of amendment to the Constitution providing a State Board of Education consisting of one member from each Congressional District in the State to be elected by the voters of each respective District, and providing that the Board shall elect the State School Superintendent."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed .amendment shall vote against ratification.
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 result and 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.:

Brantley Bray Byrd Campbell of Walker Chastain Coker Coogle Dean of Towns Floyd Flynt Frier Goodson

Green of Baldwin Greene of Crisp Groover of Bibb Gunter Harrell Holloway Holton Horne Jackson Jordan of Gwinnett Kemp Land

Little Martin Mauldin Mincey Moore of White Parker Turk Watson Williams of Bulloch Williams of Franklin

1636

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams of Evans Adams of Upson Alexander Baughman Bell Best Birdsong Black Bloodworth Bolton Britton Brooks Buie Callier Campbell of Oconee Carswell Cheatham Clark Coffin Connell Deal Duncan Durham Edwards Garrard Graham Green of Rabun Greer Grimsley Groover of Troup Hale Hamilton Harper Harrison of Wayne Hayes Henderson

Hicks Hodges Holley Hollis Hopkins Hughes Ingle Jessup Johnson King Lanier Layton Lewis Lifsey Lokey Lovett McCracken McGarity McGee McKenna Moate Mobley Moore of Pickens Moye Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nelson Nightingale Otwell Peacock Phillips of Columbia Pickard Pot'fls

Raulerson Ray Register Rutland Sheffield Sipple of Chatham Sivell Smiley Smith of Cobb M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Stewart Stocks Strickland Swindle Tallant Tamplin Tarbutton Tarpley Todd Trapnell Tumlin Turner Twitty Veal Wardlow White Whitner Wir;gins Wilkinson Williams of Tift Wooten Young

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

On the adoption of the resolution, the ayes were 34, nays 106.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

HB 663. By Messrs. McWhorter, Rutland, and Turner of DeKalb:
A Bill to be entitled an Act to amend the Code so as to provide that banks and banking associations shall not be ta.'ted upon their capital, and for other purposes.

Mr. Lokey of Fulton moved the previous question and the motion prevailed.
.An amendment offered by Mr. Connell of Lowndes was read and lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, DECEMBER 8, 1953

1637

On the passage of the bill, Mr. Turner of DeKalb 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 Ayers Barber of Colquitt Baughman Bell Birdsong Blackbul"ll Bloodworth Bodenhamer Bolton Brannen Brantley Bray Buie Campbell of Walker Coker Connell Deen of Bacon
Dews Drinkard Edwards Floyd Frier Garrard Graham Green of Rabun

Greene of Crisp Groover of Bibb Hale Hall Hamilton Harrison of Jenkins Harrison of Wayne Henderson Hicks Holley Holloway Horne Hughes Ingle Jessup Kemp Layton Little Lokey McCracken McKenna McWhorter Martin Mauldin Mincey Moate Moore of Pickens

Moore of White Murphey of Crawford Murphy of Haralson Musgrove Phillips of Columbia. Raulerson Ray Register Rutland Scoggin Sheffield M. M. Smith of Fulton
Stewart Swindle Tamplin
Todd Trapnell Tumlin Turner Veal Wardlow Wilkinson Williams of Franklin Williams of Tift Young

Those voting in the negative were Messrs.:

Barber of Jackson
Black Britton Byrd
Callier Campbell of Oconee
Carswell Chastain Cheatham Clark Cloud Coffin Coogle
Deal Dean of Townl!l
Durham Freeman Gardner Gilder Goodson

Green of Baldwin Grimsley Groover of Troup Gunter Harrell Hayes Hollis Holton Jackson Johnson King
Land Lanier Lifsey
Lovett Moye
Mull Nelson Otwell Parker

Potts Rowland Sipple of Chatham Smith of Cobb Stephens of Clarke Stevens of Marion
Stocks Strickland Tallant Tarbutton Tarpley Terrell Twitty Watson Whitener Wiggins Williams of Bulloch Wooten

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

1638

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 79, nays 58.
The bill, having failed to receive the requisite constitutional majority, was lost.
The following resolution of the House was read and :tdopted:

HR 342. By Messrs. Groover and McKenna of Bibb and others:

A RESOLUTION
Expressing sympathy to Representative John B. Harris, Jr.; and for other purposes.
WHEREAS, Honorable John B. Harris, Jr., an honored and respected member of the House of Representatives from Bibb County will more than likely be unable to return to attend the remaining sessions of this body, due to illness; and
WHEREAS, due to the such fact the Bibb County delegation has lost an able representative of their county and the House has lost an efficient and studious legislator;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that it extends its deepest sympathy to Honorable John B. Harris, Jr., and wish for him a speedy and successful recovery from his illness.
BE IT FURTHER RESOLVED, that the Clerk of the House transmit a copy of this resolution to Honorable John B. Harris, Jr.

Under the regular order of business, the following resolution of the House was taken up for consideration and read the third time:

HR 312-1001c. By Messrs. Sipple and Cheatham of Chatham:

A RESOLUTION
Proposing to the qualified voters of Chatham County an Amendment to that portion of Paragraph IV, Section I of Article VII of the Constitution of the State of Georgia which relates to exemption from ad valorem taxation for State, County and School purposes, the homestead of each resident of Georgia actually occupied by the owner as a residence and homestead to the extent of $2,000 of its value, by adding at the end of said constitutional provision a provision to read as follows: "Provided, however, that such homestead property in Chatham County shall not be exempt from taxation for school purposes"; and to provide for the submission of this amendment for ratification or rejection by the qualified voters of Chatham County.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY RESOLVED BY AUTHORITY OF THE SAME:

SECTION 1.
Upon approval of this resolution by the qualified voters of the County of Chatham in the manner hereinafter provided, that portion

TUESDAY, DECEMBER 8, 1953

1639

of Paragraph IV, Section I of Article VII of the Constitution of the State of Georgia which relates to the exemption from ad valorem
taxation for State County and School purposes, the homestead of each resident of Georgia actually occupied by the owner as a residence and homestead to the extent of $2,000.00 of its value, shall be and it is hereby amended by adding at the end of said constitutional provision a provision to read as follows: "Provided, however, that such homestead property in Chatham County shall not be exempt from taxation for
school purposes".

SECTION 2.
Be it further enacted by the authority aforesaid that, when said amendment shall be agreed to by the requisite two-thirds 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 thereon and shall be published by the Governor in one newspaper in the County of Chatham 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 qualified voters of the County of Chatham for ratification or rejection. At said election the ballots shall have printed thereon "For amendment of the Constitution so that homestead property in Chatham County shall not be exempt from taxation for school purposes" and "Against amendment of the Constitution so that homestead property in Chatham County shall not be exempt .from taxation for school purposes". If a majo;ity of the electors qualified to vote for members of the General Assembly who vote thereon vote for ratification of this proposed amendment, the same shall become a part of the Constitution and the Governor shall make a proclamation therefor as provided by law.

SECTION 3.
A copy of the notice of intention to introduce this resolution in the General Assembly and an affidavit showing the publication of this notice are attached hereto and made a part of this resolution.

SECTION 4.
All laws and parts of laws in conflict herewith are hereby repealed.
STATE OF GEORGIA CHATHAM COUNTY
Personally appeared before the undersigned cfficer, duly authorized under the laws of Georgia to administer oath, Esther Zittrauer who on oath deposes and says that she is Advertising Clerk of the Morning News, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the Morning News, Inc., publishes the Savannah Evening Press, a public gazette published daily in the City of Savannah, of general circulation, and official organ of Chatham County, Georgia, and that the following
Notice is hereby given of an intention to apply to the Session of the General Assembly of the State of Georgia, which begins November, 1953, for the passage of a resolution to be entitled:

. 1640

JOURNAL OF THE HOUSE,

"Proposing to the qualified voters of Chatham County an amendment to that portion of paragraph IV, Section I of Article VII of the Constitution of the State of Georgia, which relates to exemption from ad valorem taxation for State, County and School purposes, the homestead of each resident of Georgia actually occupied by the owner as a residence and homestead to the extent of
$2,000 of its value, by adding at the end of said constitutional pro~sion a provision to read as follows: 'Provided, however, that such homestead property in Chatham County shall not be exempt from taxation for school purposes'; and to provide for the submission of this amendment for ratification or rejection by the qualified voters of Chatham County." C. S. SANFORD, President of the Board of Public Education for the City of Savannah and County of Chatham.

has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of Nov. 4-1.1-18-1953.

/s/ Esther Zittrauer.

Sworn to and subscribed before me this 18th day of November, 1953

/s/ Flournoy J. Mulling Notary Public,
Chatham County, Ga.

Notarial Seal Affixed

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 Tota was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Adams of Evans Adams of Upson Alexander Ayers Barber of Colquitt Barber of Jackson Baughman Birdsong Black Blackburn Bloodworth Boggus Bolton Brannen Brantley Bray Brazeal Britton Buie Callier Campbell of Oconee Campbell of Walker
Carswell

Chastain Cheatham Clary Cloud Coker Connell Coogle Cornelius Cowart Cummings Deal Dean of Towns Deen of Bacon Denton Drinkard Dunaway
Duncan Durham Edenfield Edwards Floyd
Fowler Frier Gardner

Garrard Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Grimsley Groover of Troup Gunter Hall Hamilton Harper Harrell Harrison of Jenkins Hayes Henderson Hicks Hodges Holley Hollis Holloway Holton

TUESDAY, DECEMBER 8, 1953

1641

Hopkins Horne Huddleston Hughes Ingle, lvey
Jackson Jessup Johnson Jones of Worth Jordan of Gwinnett Land Lanier Layton Little Lokey Lovett McCracken McGarity Matthews Mauldin Mincey
Moate Mobley Moore of Pickens

Moore of White Moses Moye Murphey of Crawford Murphy of Haralson Murr Nelson Nightingale Otwell Parker Perkins Phillips of Columbia Pickard Potts Ray Register Russell Rutland Sipple Smiley Smith of Cobb H. Smith M. Smith Stocks Swindle

Tallant Tamplin
Tarbutton Tarpley Terrell Todd Trapnell Tumlin Turk Turner Twitty Upshaw Veal Wardlow Watson
Weems White Whitener Wiggins
Williams of Bulloch Williams of Tift Wooten Yowng

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

On the adoption of the resolution, the ayes were 156. nays 0.

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

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.

1642

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Wednesday, December 9, 1953.

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

Prayer was offered by Reverend R. C. Smith, Pastor, Brown Memorial Church, Wrightsville, Georgia.

By unanimous consent, the roll call was dispensed with.

Mr. Garrard of Wilkes, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings has 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. Reports of Standing Committees.
2. Second reading of Bills and Resolutions, favorably reported.
3. Third reading and passing of local contested bills and general bills with local application.
4. First reading and reference of Senate Bills and Resolutions.
5. That the Speaker may in his discretion call up any bill on the General Calendar in any order that he desires.

Mr. Willingham of Cobb 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 172. Do Pass.
SB 208. Do Pass.
Respectfully submitted,
Willingham of Cobb, Chairman.

Mr. Chastain of Thomas County, Chairman of the Committee on Georgia State Sanitarium, submitted the following report:

WEDNESDAY, DECEMBER 9, 1953

1643

Mr. Speaker:

Your Committee on Georgia State Sanitarium 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 321-1015c. Do Pass.

Respectfully submitted,

Chastain of Thomas,

Chairman.

Mr. Hoke Smith of Fulton 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 recommendation:

SB 197. Do Pass.

Respectfully submitted,

Hoke Smith of Fulton,

Chairman.

Mr. Hoke Smith of Fulton 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 213. Do Pass.

SB 241. Do Pass.

Respectfully submitted,

Hoke Smith of Fulton,

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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 340. Do Pass, as amended. Respectfully submitted,
Ray of Warren,
Chairman.

1644

JOURNAL OF THE HOUSE,

By unanimous consent, a copy was established for the following bill of the Senate:

SB 213. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Code so as to regulate the time and manner of qualifying in elections held in certain cities, and for other purposes.

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

HR 340. By Messrs. M. Smith and Lokey of Fulton and Twitty of Mitchell:
A Resolution establishing a committee to study the problem of municipal taxation, and for other purposes.

SB 213. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Cod-a so as to regulate the time and manner of qualifying in elections held in certain cities, and for other purposes.

SB 241. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to permit the widening of Williams Lane in the City of Macon, and for other purposes.

HR 321-1015c. By Messrs. Bell of Richmond and Parker of Baldwin:
A Resolution compensating Mr. Robert H. Green, Representative from Baldwin County, for expenses paid out of personal funds, and for other purposes.

SB 208. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to extend the time within which bills of exception shall be tendered to the presiding judge, and for other purposes.

By unanimous consent, the following bill of the Senate was taken up for consideration and read the third time:

SB 211. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to taxes on goods brought into the City of Atlanta, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following bill of the Senate was again taken up for consideration:

WEDNESDAY, DECEMBER 9, 1953

1645

SB 159. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to require the tax commissioner of Fulton County to collect taxes due the City of Atlanta. and for other purposes.
The following amendment was read and adopted:
Messrs. Hoke S~ith, Muggsy Smith and Hamilton Lokey of Fulton move to amend Senate Bill No. 159 as follows:
SECTION 1. By Striking Section 3 and substituting in lieu thereof the following sections:
Section 3. The said act described in the caption hereof is further amended by striking Section 6, relating to installment payments and default. and substituting in lieu thereof the following:
Section 6. All taxes due to the State of Georgia on taxable property in Fulton County and all taxes due to Fulton County and to the City of Atlanta may be paid in two equal installments. At least one-half of the total amount thereof shall be paid between July 1st and August 15th and the remainder shall be paid between September 1st and October 15th. Any installment not paid in full by the last day in such installment period shall, notwithstanding any existing law, be in default and shall bear the interest and penalties now or hereafter provided by law for taxes which are delinquent or in default, and execution shall be issued therefor.
Section 4. All laws and parts of laws in conflict herewith are hereby repealed.
SECTION 2. To amend the caption of said bill by striking the following: "TO REPEAL CONFLICTING LAWS AND FOR OTHER PURPOSES" at the end of said caption and substituting in lieu thereof the following: TO PROVIDE FOR THE PAYMENT OF TAXES IN TWO INSTALLMENTS; TO REPEAL CONFLICTING LAWS AND FOR OTHER PURPOSES.
The report of the committee, which was favorable to the passage of the bill, was .agreed to, 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.
Under the regular order of business, the following bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 769. By Mr. Ivey of Newton:
A Bill to be entitled an Act to amend an Act so as to authorize the construction of a gas distribution system by the City of Covington. and for other purposes.
The following Senate amendments were read:
The Committee of the Senate on Municipal Government move to amend HB 769 by. adding a new section to be numbered A (1) , to follow Paragraph A of said Act, and to read as follows: "Section A (1). Pro-

1646

JOURNAL OF THE HOUSE,

vided, that nothing in this Act shall permit the City of Covington to erect any new power lines that will parallel the power lines of Snapping Shoals Electric Membership Corporation, or serve members of said Corporation within said area."
Senator Dean of the 34th moves to amend HB 769 in the following manner:
Amend the caption thereof by adding after word "Porterdale", in the eighth line thereof the following words, to wit: "and the County of Rockdale"; Also amend said HB 769 by adding thereto a new section to be numbered Section 1 (e) and to read as follows: "Nothing in this Act shall give the City of Covington the right to operate, maintain or construct, any of the systems or services enumerated herein within the limits of Rockdale County."

Mr. Ivey of Newton moved that the House agree to the Senate amendments. On the motion to agree, the ayes were 105, nays 0. The Senate amendments to HB 769 were agreed to.

HB 794. By Messrs. Sheffield of Brooks, Matthews of Clarke, and others:
A Bill to be entitled an Act to provide for the construction of bridges and turnpike projects, and for other purposes.
The following Senate amendments were read:
Senate amendments to Committee Substitute H. B. No. 794:
By striking the word "may" where it appears in the first proviso of the first sentence of Section 11 and inserting in lieu thereof the word "must" so that said proviso when amended shall read as follows:
"Provided, that a sufficient number of gas stations must be authorized to be established in each service area along any such highway to permit reasonable competition by private business in the public interest."
By striking the word "of" following the word "principal" in the first paragraph of Section 9, which appears on the first line of page 7, and inserting in lieu thereof the word "and", so that the sentence shall read:
"The principal and the interest on any issue of such bonds shall be payable solely from and may be secured by a pledge of tolls, etc."
By striking the word "of" following the word "project" in Section 9, which appears on the last line of Page 6, and inserting in lieu thereof the word "or" so that the sentence in which it appears will read as follows:
"Any such resolution for the issuance of bonds may apply either to a single project or to two or more projects combined for financing purposes into one resolution."
By adding after the semi-colon following the word "Act" in the twelfth line of the caption the following:

WEDNESDAY, DECEMBER 9, 1953

1647

"to make bonds of the Authority legal investments; to authorize the issuance of refunding bonds; to define the duties of political subdivisions, and departments, agencies and commissions of the State;".
"Definition" by adding a new section known as G of the definitions.
Turnpike Authority is defined in this Bill to be a north and south turnpike only and beginning at the Tennessee line and going south to the Florida line along with the proposal of several States to connect the super-turnpike.
By inserting between the first and second sentences in Section 11 after the word "establishment."
"Adequate provision shall be made in each case to permit competition among suppliers of the needed goods and services to the maximum extent possible. No department, commission, board, authority, or other agency of the state nor any political subdivision thereof shall conduct any commercial enterprise or activity for the purpose of providing service facilities for users of toll roads and limited access facilities."
By striking the last paragraph of Section 22 and inserting in lieu thereof the following:
"Provided, however, that the Authority shall, after the completion of any turnpike, be subject to suit in any county in which any part of such turnpike is constructed to the same extent as any other corporation doing business in such county, in any cause of action arising out of the operation of said turnpike; but this shall not authorize any suit in equity in such county." By adding at the end of subsection (e) of Section 4 the following:
"Provided further, that no turnpike shall be constructed so as to parallel any part of an existing main line railroad track at a distance less than 1,000 feet from such track, except at the approach to railway crossings."
The following amendment to the Senate amendments was read and adopted:
Mr. Twitty of Mitchell moves to amend the fifth Senate amendment to HB 794 by striking from line one thereof the word "Authority" and by changing the word "bill" to "Act", so that the Senate amendment as amended will read: "Turnpike is defined in this Act to be a north and south turnpike only and beginning at the Tennessee line and going south to the Florida line along with the proposal of several states to connect the super-turnpike".

Mr. Twitty of Mitchell moved that the House agree to the Senate amendments, as amended.
On the motion to agree, the ayes were 108, nays 0.
The Senate amendments, as amended by the House, to HB 794 were agreed to.
Under the regular order of business, the following bills and resolutions of the Senate were taken up for consideration and read the third time:

1648

JOURNAL OF THE HOUSE,

SB 191. By Senators Redwine of the 26th and Singleton of the 24th:
A Bill to be entitled an Act to amend the Code so as to change the requirements of the bonds furnished by real estate brokers, and for other purposes.
The following amendment was read and adopted:
Mr. Pickard of Muscogee moves to amend SB 191 by adding after the words "indemnity bond" in the eighth line of Section 1 thereof the words "in the amount of $1000" and also in the ninth line of the second page of the engrossed copy.

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 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SR 77. By Senator Millican of the 52nd:
A Resolution authorizing the conveyance of certain lands leased to the Western and Atlantic Railroad, 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.

SR 74. By Senator Callaway of the 35th:
A Resolution authorizing the conveyance of certain land in Newton County to the Newton County Board of Education, 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.

SB 217. Senators Browning of the 2nd and others:
A Bill to be entitled ali Act vesting in the State Highway Board exclusive authority for the maintenance of direction signs, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 3.

WEDNESDAY, DECEMBER 9, 1953

1649

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 following bill of the Senate:

SB 193. By Senator Stoddard of the 50th:
A bill to repeal an Act relating to the handling of county funds in Wilkes County and to amend an Act creating a Board of County Commissioners in said County; and for other purposes.

The Senate insist on its position and respectfully ask that a Committee of Conference be appointed on the following bill of the House:

HB 132. By Messrs. Greer of Lanier, Perkins of Carroll and others:
A bill to amend an Act creating the office of the Judge of Superior Court Emeritus; and for other purposes.

The president appointed on the part of the Senate as a committee of Conference:
Senuators Dean of the 34th, Callaway of the 35th and Cates of the 17th.
The Senate agrees to the House amendment to the Senate amendment to the following bill of the House :
HB 794. By Messrs. Sheffield of Brooks, Matthews of Clarke, Willis of Thomas, and Jones of Worth:
A bill to provide for the constrilction and the operation of bridges and turnpike projects; 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 964. By Messrs. Groover and Harris of Bibb:
A bill to require that in all primaries or e~ectiqns for nomination or election to public office in the City of Macon or County of Bibb, including members of the General Assembly from that County, that in order to be nominated or elected to public office the candidate must receive a majority of the votes cast in such primary or election; and for other purposes.
HB 1002. By Messrs. Scoggin, Hall and Hicks of Floyd:
A bill to provide for the appointment of a Board of Electrical Examiners; and for other purposes.

1650

JOURNAL OF THE HOUSE,

HB 959. By Messrs. Smith of Emanuel, Twitty of Mitchell, Ray of Warren and others:
A bill to amend an Act known as an Act to create the State Board of Pardons and Paroles and provide for its personnel, powers and duties; to provide that all information, all books, all documents and all records of the State Board of Pardons and Paroles shall be classified as confidential State secrets; and for other purposes.

HR 327. By Messrs. Hall of Floyd and Harrison of Jenkins:
A resolution directing the Governor to grant State employees time off for certain legal holidays; and for other purposes.

Under the regular order of business, the following bill and resolution of the Senate were taken up for consideration and read the third time:
SB 166. By Senator Ramsey of the 1st:
A Bill to be entitled an Act to convey to the County of Chatham for highway purposes certain lands on McQueens Island, and for other purposes.

The report 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.

SR 69. By Senators Blitch of the 5th, Edenfield of the 4th, and others:
A Resolution authorizing the purchase of certain facilities in the Okefenokee National Wildlife Refuge, and for other purposes.

Mr. Key of Jasper moved the previous question and the motion prevailed.
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 14.
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 report of the Committee on Conference thereon:

HB 132. By Messrs. Greer of Lanier, Perkins of Carroll, and others:
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 following report of the Committee on Conference was read :

WEDNESDAY, DECEMBER 9, 1963

1661

:MR. PRESIDENT:
MR. SPEAKER:
Your Committee on Conference on H. B. 132 beg leave to submit the following report:
Your Committee recommends that the Senate and House both recede from its position on the Senate Amendment to said Bill.
Your committee recommends that in lieu of said amendment a new amendment be adopted by the Senate and House and to read as follows:
"Amend H. B. 132 by changing 'age of 60 years' to 'age of 62 years' whenever the phrase appears in said Bill."
Respectfully submitted,
F. M. Cates, 17th District W. T. Dean, 34th District W. Callaway, Sr., 36th District
ON THE PART OF THE SENATE
D. B. Blalock John W. Greer Wm. B. Freeman of Monroe
ON THE PART OF THE HOUSE

Mr. Greer of Lanier moved that the House adopt the report of the Committee
on Conference. On the motion to adopt, the ayes were 117, nays 0.

The report of the Committee on Conference on HB 132 was adopted.

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

1\lr. Speaker:

The Senate has adopted the report of the Committee of Conference on the

following bill of the House:

'

HB 132. By Messrs. Greer of Lanier, Perkins of Carroll and others:
A bill to amend an Act creating the office of Judge of the Superior Court Emeritus; and for other purposes.

The Senate has agreed to the House amendments to the following bills of the Senate:

SB 216. By Senator Millican of the 52nd:
A bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes, authorizing the City to adopt traffic regulations at the Municipal Airport.

SB 225. By Senator Millican of the 62nd: A bill to amend the Pension Act of the City of Atlanta to provide that

1652

JOURNAL OF THE HOUSE,

if the city ceases to have a treasurer, the chairman of the finance committee, or chairman of a similar committee, shall ~ a member of the Board of Trustees; and for other purposes.

SB 226. By Senator Millican of the 52nd:
A bill to amend the Act to provide pensions for the police department of the City of Atlanta, to provide that if the city ceases to have a treasurer, the chairman of the finance, or chairman of a similar committee, shall be a_ member of the Board of Trustees, and for other purposes.

SB 227. By Senator Millican of the 52nd:
A bill to amend an Act to provide that cities having a population of more than 150,000 by the United States Census of 1920 and any subsequent census shall furnish aid, relief and pensions to members of paid fire departments; 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 and resolutions of the House to wit:

HB 1028. By Mr. Cowart of Stewart:
A bill to provide for the consolidation of schools in counties having a population of not less than 9,150 and not more than 9,210; and for other purposes.

HB 354. By Messrs. Ray of Warren, Lavender of Elbert, Twitty of Mitchell and others:
A bill to levy and provide for the collection of taxes for the support of the Government and institutions of the State; to prescribe rates for taxation of certain property heretofore classified as intangible property; and for other purposes.
The Senate insists on its position on the following bill of the House:

HB 929. By Messrs. Birdsong and Groover of Troup and Sivell of Harris:
A bill to amend an Act entitled "An Act to create a new charter ;for the City of West Point, in the County of Troup, so as to change the corporate limits of the City of West Point; and for other purposes.

Under the regular order of business, the following bills of the Senate were iaken up for consideration and read the third time:

SB 202. By Senator Stoddard of the 50th:
A Bill to be entitled an Act to amend the Code so as to increase the rate. for legal advertising, and for other purposes.

WEDNESDAY, DECEMBER 9, 1953

1653

The report 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 1.
The bill, having receind the requisite constitutional majority, was passed.

SB 233. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Unemployment Compensation Law so as to make the provision for emergency war-risk rate inapplicable to the calendar year 1955, and for other purposes.

The report 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 187. By Senators Carlisle of the 51st, Wilkes of the 53rd, and others:
A Bill to be entitled an Act to amend the Code so as to provide that either party amending his pleadings shall not be held to have waived his right to object to such order by appropriate exception, and for other purposes.

The report 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 186. By Senators Carlisle of the 51st and Edenfield of the 4th:
A Bill to be entitled an Act to amend the Code so as to provide maximum widths of private ways and tram roads, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 178. By Senator Wilkes of the 53rd:
A Bill to be entitled an Act to empower private corporations to make donations, and for other purposes.

The report 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.

1654

JOURNAL OF THE HOUSE,

SB 170. By Senators Campbell of the 31st and Walker of the 45th:
A Bill to be entitled an Act to establish limits on the amount of term insurance which may be issued under group life insurance policies, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Insurance moves to amend SB 170 by adding to the last word of Section 1 (following a comma) the following words:
"except that a group policy which is issued by the same or another carrier to replace another group policy may provide term insurance not to exceed the amounts provided by the policy which it replaces, or the amounts provided above, whichever are greater."

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

SB 1"96. By Senator Callaway of the 35th:
A Bill to be entitled an Act to recognize the Georgia Rural Rehabilitation Corporation as an agency 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 105, 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 the purpose of considering the Senate amendment thereto:

HB 354. By Messrs. Twitty of Mitchell, Ray of Warren, and others:
A Bill to be entitled an Act to prescribe rates for taxation of property heretofore classified as intangible property, and for other purposes.
The following Senate amendments were read:
Finance Committee offered the following amendment: to Amend House Bill 354, Part 2, Section 1, line 10, by striking the word "include" and insert in lieu thereof "be defined as".
Finance Committee moves to amend House Bill 354, Part 2, Section 4, line 1, by striking the words "and after its passage" and insert "January 1, 1954."
Finance Comimttee moves to amend House Bill 354, Part 3, Section 4, by striking same in its entirety and inserting in lieu "This Act shall become effective January 1, 1954."
Finance Committee moves to amend House Bill 354, Part 1, Section 19 by striking same in its entirety.

WEDNESDAY, DECEMBER 9, 1953

1656

Finance Committee moves to amend House Bill 354, Part 1, Section 4, by striking the words and figures in the last line "Ten Thousand ($10,000.00)" and inserting in lieu thereof "Three Thousand ($3,000.00.)"
Finance Committee moves to amend House Bill 354, Section 12, Part 1 by striking same in its entirety and inserting in lieu thereof the following:
"Short term notes secured by real estate, as defined by Section 3 of this Act, shall be taxed ad valorem at the rate prescribed for other intangible property in Section 1 (a) of this Act. Nothing herein contained, however, shall be construed to require the payment of such ad valorem taxes on such short term notes by banks, by savings and loan association, or building and loan associations, as described in Section 1 of Part 11 of this Act, or by any institutions exempted by the above entitled Act, approved December 27, 1937, as amended."
Finance Committee moves to amend House Bill 354, Part 1, Section 2, line 2 by striking the figure "3.00" and inserting in lieu the figure "$1.00."
Amend Section 1 (a), Part 1, by deleting from the first line the figure "1953" and substituting in lieu thereof the figure "1954."
Amend Section 2, Part 1, by deleting from the first line and the fourth line the figure "1963" and substituting in lieu thereof the figure "1954."
Amend Section 2 (b) Part 1, by deleting on line 1 the figure "1953" and inserting in lieu thereof "1954."
Amend Section 3, Part 2, by deleting on line 1 the figures "1963" and inserting "1954."
Finance Committee moves to amend House Bill 354, Section 1 (b) Part 1, by deleting from line 8 the words "corporate common carriers or corporate public utilities" and inserting in lieu thereof the following: "all corporations."
Finance Committee moves to amend House Bill No. 354 caption lines 18, 19 and 20 by striking the following:
"to provide that the tax imposed on long term notes secured by real estate shall be paid by the obligee and not by the obligor." Finance Committee moves to amend House Bill No. 354 caption line 3 by striking the figures "1953" and inserting the figures "1954."
Mr. Ray of Warren moved that the House disagree to the Senate amendments, and the motion prevailed.
The Senate amendments to HB 354 were disagreed to.

SB 221. By Senator Coker of the 39th:
A Bill to be entitled an Act to amend an Act relating to the licensing of aliens to practice medicine in this State, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1656

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 166. By Senator Edenfield of the 4th and Carlisle of the 51st:
A Bill to be entitled an Act to designate the property owned by the State in and around the State Capitol as "The Capitol Square," and for other purposes.
The following committee amendment was read and adopted:
Committee moves to amend Senate Bill #165 by striking Section 2 in its entirety and inserting a new section to read as follows:
"Section 2. That the State of Georgia shall have the same control and jurisdiction over the use of the buildings and grounds owned by the State and designated as "The Capitol Square" as has been heretofore authorized by law for the control and supervision of the public prop' erty known as the "State Capitol Buildings and Grounds."
. The following amendment was read and adopted:
Mr. Lokey of Fulton moves to amend Senate Bill 166 by strikinc Section 3 of said bill in its entirety.
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 107, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.
SB 168. By Senators Hawes of the 29th and Edenfield of the 16tll:
A Bill to be entitled an Act to regulate the establishment of branch offices by building and. loan associations, and for other purposes.

By unanimous consent, SB 168 was tabled.

SB 142. By Senator Redwine of the 26th:
A Bill to be entitled an Act to amend the Code pertaining to commissions to examine persons for whom commitment to the Milledgeville State Hospital is sought, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 59.
The bill, having failed to receiTe the r8quisite constitutional majority, wa& lost.
Mr. Watson of Dougherty gave ne~tice that at the proper time he would move that the House reconsider its action in failing to pass SB 142.

WEDNESDAY, DECEMBER 9, 1953

1657

SR 35. By Senator Moon of the 13th:
A Resolution authorizing the trading of lands sufficient for an airplane runway in connection with airport at South Georgia Trade & Vocational School, 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, waa adopted.

SB 155. By Senators Jordan of the 25th and Campbell of the 31st:
A Bill to be entitled an Act to amend the Code so as to redefine "kidnapping", and for other purposes.

The report 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 153. By Senator Coker of the 39th:
A Bill to be entitled an Act to amend the Employees' Retirement System so as to define "involuntary separation", and for other purposes.
The following amendment was read and adopted:
Mr. Geer of Miller moves to amend Senate Bill No. 153 by inserting in the caption after the semi-colon following the words "Continued Employment" in the next to last line the following language:
"To prov:ide a method for equalizing the computation of prior service accumulation and to provide minimum service retirement allowance after thirty-five years service."
That said Act is further amended by inserting a new paragraph immediately after Paragraph 3 in Section 4 to be appropriately numbered and to read as follows :
"Anything in this Act to the contrary notwithstanding the prior service accumulations of a member shall be computed to July 1, 1953 in the manner as now provided in Section 4 and any contributions by a member made prior to January 1, 1954 shall be considered in computing the pension."
That said Act is further amended by inserting at end of Section 5 a new sub-section to be numbered Sub-section (11) to read as follows:
"Anything in this Act to the contrary notwithstanding any member with thirty-five years service and not less than sixty years of age shall be paid not 1ess than the service retirement allowance which would have been payable upon service retirement at age sixty-five had }I.e continued in service without further change in compensation. Provided, further, that the limitations as to age and length of service

1658

JOURNAL OF THE HOUSE,

provided in Section 5 Sub-section (1) (a) of this Act shall not apply to the provisions of Sub-Sections (3) and (4) of Section 5 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 169. By Senators Hawes of the 29th and Edenfield of the 16th:
A Bill to be entitled an Act to amend the Code relating to loans upon collateral, and for other purposes.

The report 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 resolution of the House was read and adopted:

HR 343. By Messrs. Clary of McDuffie and Lavender of Elbert:

A RESOLUTION

Extending the sympathy of the General Assembly to the family and

friends of Honorable J. J. Brown, former Georgia Commissioner of

Agriculture.



WHEREAS, on December 6, Nineteen Hundred Fifty-Three, there departed from this vale of tears the Honorable John J. Brown, and

WHEREAS, the aforesaid John J. Brown was born and raised in Elbert County, Georgia, and was at the time of his passing 88 years of age, and

WHEREAS, Honorable John J. Brown, with the political support of another illustrious Georgian, Honorable Tom Watson, was elected Commissioner of Agriculture of the State of Georgia in 1916, and took office in 1917, and

WHEREAS, Honorable John J. Brown served in such office until June, 1927, when he was defeated by Honorable Eugene Talmadge in one of the most colorful and memorable political campaigns in the history of this State, and

WHEREAS, notwithstanding the beforegoing, Honorable John J. Brown continued to serve the people to whom he had already dedicated a decade of his life, part of said later service being rendered to his successor, Honorable Eugene Talmadge, and his son, Honorable Herman Talmadge, Governor of Georgia, and

WHEREAS, it is only fitting and proper that this body momentarily turn from the affairs of State to pay tribute and respect to the family and friends of Honorable John J. Brown,

WEDNESDAY, DECEMBER 9, 1953

1659.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the condolences, sympathy and respect of this body be extended to the family and many friends of the aforesaid John J. Brown. Be it further resolved that a C!>PY of these presents be immediately transmitted to his immediate survivors.

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.

AFTERNOON SESSION
The Speaker called the House to order.
The Speaker appointed as a Committee on Conference on the part of the House on HB 354, the Intangibles Tax bill, the following members of the House: Messrs. Ray of Warren, Key of Jasper and Campbell of Oconee.
. By unanimous consent, the following bill of the Senate was withdrawn from the Committee on General Judiciary No. 2, read the second time and recommitted to the Committee on General Judiciary No. 1:

SB 90. By Senator Jordan of the 25th:
A Bill to be entitled an Act to amend an Act pertaining to admission to the bar without examination, and for other purposes.

Under the regular order of business, the following bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 929. By Messrs. Birdsong and Groover of Troup and Sivell of Harris:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of West Point, and for other purposes.
.The following Senate amendment was read:
Senator Rogers of the 37th District moves to amend House Bill
# 929 by striking from the 8th line of said. Section 2 of said Act the
words "qualified to vote for State House officers in the last held general election of this State.", and inserting in lieu thereof the following words: "registered to vote for State House officers six months prior to the date set by the Ordinary of Troup County for this referendJ.lm election,".

Mr. Birdsong of Troup moved that the. House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

Th.e

Senate

amendment .

to

HB

929

was

agreed

to.

HB 1028. By Mr. Cowart of Stewart:
A Bill to be entitled an Act to provide for the consolidation of schools in certain counties, and for other purposes.

1660

JOURNAL OF THE HOUSE,

The following Senate amendment was read:
Senator Adams of the 12th moves to amend HB 1028 by striking from the title the words "and any future census" and substituting in lieu thereof the words "or any future census".
And by striking from Section 1 the words "and any future census" and substituting in lieu thereof the words "or any future census".

Mr. Cowart of Stewart moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 1028 was agreed to.
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 896. By Mr. Hall of Floyd:
A Bill to amend an Act establishing a retirement system for certain teachers in the public State-supported schools, and for other purposes.

HR 243. By Mr. Gowen of Glynn:
A Resolution proposing an amendment to Article XV, Section 1, Paragraph I, of the Constitution, relating to home rule, so as to authorize the General Assembly to provide for the self-government of municipalities, and for other purposes.

HB 1014. By Messrs. Stephens and Matthews of Clarke:
A Bill to amend an Act entitled "An Act to amend the Charter of the Town of Athens; so as to authorize the Mayor and Council of the City of Athens to provide off-street parking facilities for motor facilities, and for other purposes.

HB 986. By Mr. Henderson of Atkinson:
A Bill to create an amended charter for the Town of Willacoochee, in the County of Atkinson and to reincorporate said Town as a City; and for other purpos~

HB 1003. By Mr. Mishoe of Tattnall:
A Bill to amend an Act creating a new charter for the City of Glennville, and for other purposes.

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

WEDNESDAY, DECEMBER 9, 1953

1661

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

HB 853. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Ray of Warren:
A Bill to amend an Act to prescribe conditions, methods and procedure for commitment by the Courts of youthful persons between 16 and 18 years of age to the State Training School for Boys at Milledgeville, and for other purposes.

HB 255. By Messrs. Nightingale of Glynn, Lifsey 'of Lamar and others:
A Bill to amend Section 69-308 of the 1933 Code of Georgia,. 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 or property, and for other purposes.

Under the regular order of business the following bills of the House were

taken up. for the purpose of considering the Senate substitutes and amendments

thereto:





HB 853. 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 providing for the commitment of youthful persons to the State Training Scllool for Boys, and for other purposes.
The follo~ng Senate substitute was read:
COMMITTEE SUBSTITUTE FOR HB 853
By Senate Special Judiciary Committee
A BILL
To be entitled An. Act to amend the Juvenile Court Act by repealing Section 11 thereof in Georgia Laws of 1951 at page 299, and substituting in lieu thereof a new Section 11 providing for the certification of a person fifteen years of age or older, charged with a criminal offense, for proper criminal proceedings, to a court having trial jurisdiction, under certain circumstances; toamend the Juvenile Court Act by striking the word "exclusive" in the second line of Section 9 thereof in Georgia Laws of 1951 at page 297; to provide that the sentence to the Georgia State Training School for Boys of persons between sixteen and eighteen years of age, convicted of certain crimes in Georgia Courts, shall provide for their transfer to State Board of Corrections under certain circumstances; to provide that the commitment order, committing persons fifteen years of age or older to Georgia State Training School for Boys, shall provide for their transfer, under certain circumstances, to the Court having original jurisdiction to be dealt with in accordance with Section 11 of the Juvenile Court Act as herein enacted; To 1;epeal Section 77-602 of the Code of Georgia relating to commitment and retransfer of youthful convicts; to repeal all conflicting laws; and for other purpOses.

1662

JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:
SECTION 1.
That Section 11 of the JUVENILE COURT ACT on page 299 of GEORGIA LAWS OF 1951, reading as follows:
"Section 11. Transfer to other courts. If a child sixteen years of age or older is charged with an offense which would be a crime if committed by an adult, and if the court after full investigation deems it contrary to the best interest of such child or of the public to retain jurisdiction, the court may in its discretion certify such child for proper criminal proceedings to any court which would have trial jurisdiction of such offense if committed by an adult."
be and the same is hereby repealed in its entirety.
SECTION 2.
Be it further enacted by the authority aforesaid that from and after the passage of this Act, there shall be a new Section 11 of said Juvenile Court Act, reading as follows:
"Section 11. Transfer to other courts.-If a child of fifteen years of age or older is charged with a criminal offense, and if the court after full investigation deems it contrary to the best interest of such child or of the public to retain jurisdiction, the court may in its discretion certify such child for proper criminal proceedings to any court which would have trial jurisdiction of such offense if committed by an adult. Nothing contained in this Section 11 or in this Act, known as Juvenile Court Act, shall prevent the indictment or trial or conviction of any person fifteen years of age or older in any criminal court having trial jurisdiction of such offense."
SECTION 3.
That there is hereby stricken out from the second line of the first paragraph, being the unnumbered paragraph, of Section 9 of said Juvenile Court Act, on page 297 in Georgia Laws of 1951, the words "and exclusive". Said paragraph before this amendment reading as follows:
"Section 9.--Jurisdiction; Children, minors.-The juvenile court shall have original and exclusive jurisdiction concerning any child under seventeen years of age living or found within the county:"; so that said section as amended herein shall read as follows:
"Jurisdiction; Children, minors.-The juvenile court shall have original jurisdiction concerning any child under seventeen years of age living or found within the county:".
SECTION 4.
(a) It is further enacted that from and after the passage of this Act, whenever any male person between sixteen and eighteen years of age, who has been duly convicted in any Court of this State of any crime not punishable by death or by imprisonment for life, is to be

WEDNESDAY, DECEMBER 9, 1953

1663

sentenced to the Georgia State Training School for Boys, said .sentence shall contain the following provision, to-wit:
"If the person sentenced proves to be uncontrollable through ordinary means of discipline or if the person sentenced, by reason of his conduct or attitude, fails to profit from the opportunities at the Georgia State Training School for Boys; said person, in the discretion of the governing authority of the Georgia State Training School for Boys may be transferred to the State Board of Corrections for placement in an institution which will meet the needs of the individual, where he shall serve the remainder of his sentence".
(b) It is further enacted that from and after the passage of this Act, whenever any child fifteen years of age or older shall be committed by any juvenile court to the Georgia State Training School for Boys, the commitment order in every such case shall have inserted therein the following provision, to-wit:
"If, in the discretion of the governing authorities of the Georgia State Training School for Boys, said child should prove to be uncontrollable through ordinary means of discipline or, by reason of his conduct or attitude, said child should be unsuited to benefit from the opportunities at the Georgia State Training School for Boys, said child may be returned to the juvenile court having original jurisdiction to be dealt with in accordance with Section 11 of the Juvenile Court Act which said Section 11 is herein enacted as shown in Section 2 of this Act.
SECTION 5.
Be it further enacted by the authority aforesaid that Section 77-602 of the 1933 Code of Georgia, codified from the Acts of 1919, pp. 373, 374; 1937, pp. 758, 759; 1943, pp. 566, 568, relating to commitment, transfer and retransfer of youthful convicts between sixteen and eighteen years of age, which provides: "All male persons between sixteen and eighteen years of age, who have been duly convicted in any of the courts of this State of crimes not punishable by death or imprisonment for life, may, in the discretion of the judge having jurisdiction, be committed to the Georgia State Training School for Boys, with a provision in said sentence providing that should the person being committed, in the discretion of the governing authorities of the Georgia State Training School for Boys, prove to be uncontrollable through ordinary means of discipline or who, by reason of his conduct or attitude, should be unsuited to benefit from the opportunities at the Georgia State Training School for Boys may be retransferred by the governing authorities of the Georgia State Training School for Boys to the State prison at Tattnall at which institution he shall be segregated from confirmed criminals there" be and the same is hereby repealed in its entirety.
SECTION 6.
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 the House agree to the Senate substitute.
On the motion to agree, the ayes were 104, nays 0.
The Senate substitute to HB 853 was agreed to.

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JOURNAL OF THE HOUSE,

HB 255. By Messrs. Nightingale of Glynn, Lifsey of Lamar and others:
A Bill to be entitled an Act to amend the Code relating to the filing of written demand as a prerequisite to the bringing of any suit at law against any municipal corporation, and for other purposes.
The following Senate substitute was read:
The General Judiciary Committee of the Senate moves to amend House Bill No. 255 by striking said bill in its entirety and inserting in lieu thereof a new bill which shall read as follows:

A BILL
To be entitled an Act to amend Section 69-308 of the 1933 Code of Georgia, 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 or property and the suspension of the running of the statute of limitations during the time that the demand for payment is pending, by adding at the end of the fourth line of said section immediately following the word "first" and immediately preceding the word "presenting" the following: "and within six (6) months of the happening of the event upon which such claim is predicated"; providing for exceptions to the provi~ions hereof; 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 samQ. as follows:

SECTION 1.
That Section 69-308 of the 1933 Code of Georgia be and the same is hereby amended at the end of the fourth line of said Section, immediately following the word "first" and immediately preceding the word "presenting" the following: "and within six (6) months of the happening of the event upon which such claim is predicated," and by adding the following sentence at the end of said section: "nothing in this section shall apply to those municipal corporations whose present or future charters require the presentation of such claims within a less period of time than six (6) months."
so that, as amended, said Section shall read as follows:
"69-308. DEMAND PREREQUISITE TO SUIT FOR INJURY TO PERSON OR PROPERTY: SUSPENSION OF LIMITATIONS.-
No person, firm or corporation, having a claim for money damages against any municipal corporation on account of injuries to person or property, shall bring any suit at law or equity against said municipal corporation for the same, without first, and within six (6) months of the happening of the event upon which such claim is predicated, presenting in writing such claim to the governing authority of said municipality for adjustment, stating the time, place, and extent of such injury, as nearly as practicable, and the negligence which caused the same, and no such suit shall be entertained by the courts against such municipality until the cause of action therein shall have been first presente!l.to said governing authority, for adjustment; Provided, that upon the presentation of such claim said governing authority shall consider and act upon

WERNESDAY, DECEMBER 9, 1953

1665

the same within 30 days from said presentation, and that the action of said governing authority unless it results in the settlement thereof, shall in no sense be a bar to a suit therefor in the courts: Provided, that the running of the statute of limitations shall be suspended during the time that the demand for payment is pending before such authorities without action on their part. Nothing in this section shall apply to those municipal corporations whose present or future charters require the presentation of such claims within a less period of time than six (6) months."

SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Nightingale of Glynn moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 107, nays 0.
The Senate substitute to HB 255 was agreed to.
HB 896. By Mr. Hall of Floyd:
A Bill to be entitled an Act to amend an Act establishing a retirement system for certain teachers, and for other purposes.
The following Senate amendment was read:
Com. on Education moves to amend House Bill No. 896 by adding after the word, "members" and before the word, "of" in the title the words'"and continuing as",
And by striking in its entirety Section 1 and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. An Act establishing a retirement system for certain teachers in the public and State supported schools, approved March 15, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding a new paragraph to Section 9 relating to members of local retirement funds, to be known as Paragraph (8) to read as follows:
'(8) Any teacher who, at the time this paragraph becomes law, is employed by an employer operating a local retirement fund and any teacher who is employed by such an employer subsequent tO" the time this paragraph becomes law, may elect to become a contributing member of the Teachers' Retirement System of Georgia only, however, if such employer authorizes the teacher so employed to become such a member. If such a teacher does so elect and becomes a contributing member, the credits which he has accumulated prior to the date he becomes such member shall be credited to his account with the Teachers' Retiren'lent System of Georgia as a contributing member. Any teacher who is' a contributing member of the Teachers' Retirement System of Georgia and who is employed by an employer operating a local retirement fund subsequent to the time this paragraph :becomes law may elect to continue as a contributing member of th~ Teachers' Retirement System of Georgia upon authorization of such employer. No employer who operates a local retirement fund shall make the authorization specified in this paragraph if the . authorization conflicts with the

1666

JOURNAL OF THE HOUSE,

statutes setting up such local retirement system. Once a teacher has elected to become and becomes a contributing member of the Teachers' Retirement System of Georgia or continues as a contributing member of the Teachers' Retirement System of Georgia under the provisions of this paragraph, he shall not then be allowed to return to membership in the local retirement fund. Any teacher who becomes a contributing member or continues as a contributing member of the Teachers' Retirement System of Georgia, as provided in this paragraph, shall be subject to the provisions of this Act, as amended, as are other teachers who are contributing members of the Teachers' Retirement System of Georgia and the employer of any such teacher shall be subject to the provisions of this Act, as amended, as are other employers.' "

Mr. Hall of Floyd moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 104, nays 0. The Senate amendment to HB 896 was agreed to. 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 Wilkes of the 53rd:
A Resolution providing for a committee to make a study of the advisability of establishing a Legislative Council, 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 resolution and bill of the House were taken up for the purpose of considering the Senate amendments thereto:

HR 243-790b. By Mr. Gowen of Glynn:
A Resolution proposing a constitutional amendment authorizing the General Assembly to provide for the self-government of municipalities, and for other purposes.
The following Senate amendment was read:
The Committee on Amendments to the Constitution moves to amend HR No. 243-790b by striking the last sentence of Section 1 and inserting a new sentence to be as follows:
"Any powers granted as provided herein shall be exercised subject only to statutes of general application pertaining to municipalities.''
Mr. Gowen of Glynn moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 108, nays 0.
The Senate amendment to HR 243-790b was agreed to.

WEDNESDAY, DECEMBER 9, 1953

1667

HR 1014. By Messrs. Stephens and. Matthews of Clarke: A Bill to be entitled an Act to amend an Act so as to authorize the City o{ Athens to provide off-street parking facilities, and for other purposes.
The following Senate amendment was read: The Committee of the Senate on Municipal Government moves to
amend HB 1014 by changing the period at the end of Section 1 to a semicolon and adding the following: "provided no products used in or for the servicing of motor vehicles shall be sold or dispensed within or on such parking facilities."
That HB 1014 be amended by adding to the title the words "to prohibit sale or dispensing on such facilities of products used in or for the servicing of motor vehicles." Mr. Stephens of Clarke moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0. The Senate amendment to HB 1014 was agreed to.
By unanimous consent, the following resolution of the House was withdrawn from further consideratfon: HR 169-623a. By Messrs. Lovett and Gilder of Laurens:
A Resolution proposing a constitutional amendment providing for the consolidation of the public schools in Laurens County, and for other purposes. The following resolution of the House was taken up for consideration and
read:
HR 340. By Messrs. M. Smith of Fulton, Twitty of Mitchell and Lokey of Fulton:
A Resolution establishing a committee to study the problem of municipal taxation, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Ways and Means moves to amend HR 340 by striking the last two paragraphs in their entirety and substitute in lieu thereof one new paragraph to read as follows:
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that a committee be created to make a thorough study of all problems relating to municipal taxation. This committee shall be composed of ten members. Three of the members shall be appointed by the Speaker of the House, two by the Lieutenant Governor, who shall receive a per diem not to exceed twenty days. Five members shall be appointed by the proper authority of the Georgia Municipal Association, and shall draw no compensation from the State. Those five persons shall be selected from cities of various populations and should be familiar with municipal tax problems. The committee shall make a study of the tax laws of this State and the relation which such laws bear to municipalities, and shall make a thorough study of all methods by which municipal taxation can be correlated with Federal, State and county taxation. The committee shall make a report to the 1955 session of the General Assembly, and such report shall include a complete analysis of its study and its recommendations on the subject of municipal taxation.
The report of the committee, which was favorable to the adoption of the
resolution, as amended, was agreed to.
On the adoption of the resolution, as amended, the ayes were 79, nays 36.

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JOURNAL OF THE HOUSE,

The resolution, as amended, was adopted.
Under the regular order of business, the following bill of the Senate was taken up for consideration and read the third time:

SB 198. By Senators Kennedy of the 47th and others:
A Bill to be entitled an Act to amend the Code relating to the assignment of prisoners to camps by the Director of tht> 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 103, nays 0. The bill, having received the requisite constitutional majority, was passed.
The following resolution of the House was read and adopted:

HR 844. By Messrs. Freeman of Monroe and Lifsey of Lamar:

A RESOLUTION
WHEREAS The Special Committee appointed pursuant to HR No. 241 found it necessary for the Committee and personnel employed by said Committee to incur traveliing and other expenses including court records, investigation and clerical expenses in the service to said Committee and necessary for the proper investigation of matter contained in said Resolution.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Treasurer of Georgia is authorized to pay said expenses as approved by the Chairman of said Committee.

By unanimous consent, the following bills and resolution of the Senate were withdrawn from the Committee on State of the Republic, read the second time and recommitted to the Committee on State of the Republic:

SB 175. By Senators Hall of the 15th, Jordan of the 25th and others:
A Bill to be entitled an Act to amend an Act to limit jurisdiction of ordinaries in entertaining writs of habeas corpus, and for other purposes.

SR 88. By Senator Millican of the 52nd:
A Resolution proposing a constitutional amendment authorizing the City of Atlanta to operate transit facilities, and for other purposes.

By unanimous consent, the following bill of the Senate was withdrawn from the Committee on General Judiciary No. 1, read the second time and recommitted to the Committee on General Judiciary No. 1 :

SB 218. By Senator Stoddard of the 50th:
A Bill to be entitled an Act to amend an Act relating to mechanics' liens on personalty, and for other purposes.

WEDNESDAY, DECEMBER 9, 1953

1669

Under the regular order of business, the following bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 299. By Messrs. Willingham, Smith and Bentley of Cobb and others:
A Bill to be entitled an Act to require payment of all ad valorem taxes on vehicles before application for license tags are granted, and for other purposes.
The following Senate substitute was read:

A BILL
To be entitled an Act to procide that all persons seeking to obtain lilicense tags for vehicles, as defined herein, shall first present certificate showing payment of all ad valorem taxes, usually State and any city, county or school district thereof, for the previous years; to provide that applicants who were not the owners of such vehicles, but who did own other vehicles on January 1 of the previous year shall first present certificates showing payment of all taxes due thereon for the previous year; to provide that the State Revenue Commissioner shall prescribe and furnish blank forms for such certificates; to provide that persons who were not residents of this State during the previous year, and who did not obtain and were not under legal obligation to have obtained license tags for vehicles operated within this State during such previous year shall make affidavits to such effect in lieu of presenting certificate; to provide that copies of applications for licenses shall be sent by the State Revenue Commissioner to the various counties and municipalities; to provide that the State Revenue Commissioner shall for each year determine the taxable value of all vehicles .to be used by all counties and muniCipalities as the assessed taxable value of such vehicle; to prescribe how the State Revenue Commissioner shall determine such taxable values; to provide that persons and corporations who file annual tax returns with the State Revenue Commissioner shall in lieu of certificate present affidavit showing payment of ali taxes due during the previous year; to provide that the making of any false affidavits or the forging of any certificate under this Act shall constitute a misdemeanor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1
For the purpose of this Act, the word "vehicle" shall mean any motor vehicle or other means of transportation or conveyance required to be registered and a license tag obtained therefor, prior to operation in this State.

SECTION 2
The State Revenue Commissioner or other officer who may hereafter be charged with the responsibility of selling and delivering license tags for motor vehicles, shall require the applicant when applying for any such license tag to present a certificate or certificates from the proper tax collecting agency showing payment of all ad valorem taxes due the State and any City, County or School District thereof for the

Ui70.

JOURNAL OF THE HOUSE,
previous year, on such vehicles for which an application :for license tag is made. Separate certificates shall be given for each vehicle upon which taxes are paid.
SECTION 3
In the event the applicant was not the owner of the vehicle for which an application is made for a license tag but was the owner of another vehicle on January 1 of the previous year, then such applicant shall present certificate or certificates from the proper tax collecting agency showing payment of all ad valorem taxes due the State and any City, County of School District thereof, on the motor vehicle owned by him, if any, on January 1 of the previous year. If such applicant was not the owner of the vehicle for which license is sought, he shall by affidavit show from whom and when such vehicle was obtained or purchased.
SECTION 4
The State Revenue Commissioner shall prescribe the form of the certificates hereinbefore required, and shall furnish the taxing authorities of the municipalities and counties with a sufficient number o:f blank certificates to carry out the provisions of this Act.
SECTION 5
No certificate showing payment of taxes shall be required of any applicant who makes affidavit on a form provided by the State Revenue Commissioner affirming that said applicant was not a resident of the State of Georgia on January first of the preceding year, and that such applicant did not obtain and was not under legal obligation to have obtained, license plates for any vehicle operated in this State on such date.
SECTION 6
Applications for registration, including the affidavit hereinbefore referred to, shall be made in triplicate, and upon receipt thereof, the State Revenue Commissioner shall send one copy to the County Commissioners or Ordinaries of the counties as provided in Section 68-105, .and one copy to the proper taxing authority of the respective municipal corporations (if any) wherein the owners of such vehicles reside.
SECTION 7
For each year the State Revenue Commissioner shall certify to the taxing authorities of the several counties and municipalities of this State, information showing the taxable value of the various models and types of vehicles subject to ad valorem taxation. It shall be mandatory that said taxing authorities utilize the information so certified as the assessed taxable value of any model or make vehicle listed therein, for the purposes of ad valorem taxation, and it shall be unlawful for any such authority to lessen or increase, by any valuation or other means, the values so certified.
SECTION 8
In determining the taxable value of vehicles, the State Revenue Com-

WEDNESDAY, DECEMBER 9, 1953

1671

miSSioner shall ascertain from the most reliable sources, the F.O.B. Factory Price of all vehicles subject to ad valorem taxation in this State. The taxable value of any given vehicle shall be as follows:

(a) For current year models, 40% of the F. 0. B. Factory Price as determined by the State Revenue Commissioner.

(b) For model for year immediately prior to current year, 30% of the F. 0. B. Factory Price.

(c) For Model of the year immediatlily prior to above, 25% of the

F. 0. B. Factory Price.



(d) For model of the year immediately prior to above, 20% of the F. 0. B. Factory Price.

(e) For model of the year immediately prior to above, 15% of the F. 0. B. Factory Price.

(f) For model of the year immediately prior to above, 10% of the F. 0. B. Factory Price.

(g) For models of all years prior to above. 10% of the F. 0. B. Factory . Price.

SECTION 9
In lieu of presenting certificates as hereinbefore required, all persons, firms, or corporations who are required to file annual property tax returns with the State Revenue Commissioner, shall, prior to obtaining license tags therefor, present affidavit showing a list of all vehicles used or domiCiled in this State, and showing that all taxes for the preceding year on such vehicles have been paid.

SECTION 10
Any person, firm or corporation who makes any false affidavit or affirmation as to any matter or thing required by this Act, or who forges or causes to be forged, any certificate as to payment of taxes as required herein, sha11 be guilty of a misdemeanor.

SECTION 11
This Act shall become effective immediately after its approval, but no certificates or affidavits, as provided by this Act, shall be required to be presented until applications are made for the 1955 license tags.

SECTION 12 All laws and parts of laws in conflict with this Art are hereby repealed.
The following amendment to the Senate substitute was read and adopted:
SMITH OF EMANUEL moves to amend the Senate Substitute to H. B. No. 299 as follows:
By lnaerting in Section 9 after the words "State Revenue Commissioner", wherever they appear, the following:

JOURNAL OF l'HE HOUSE,

"and all persons, firms or corporations subject to regulation by and holding certificates of public necessity and convenience from the Georgia Public Service Commission".

Mr. Smith of Emanuel moved that the House agree to the Senate substitute,

as amended.



On the motion to agree, the ayes were 104, nays 4.

The Senate substitute, as amended by the House, was adopted.

Mr. Hollis of Muscogee 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 90. Do Pass.

SB 218. Do Pass.

Respectfully submitted,

Hollis of Muscogee,

Chairman.

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 76. By Senator Stoddard of the 50th:

A Resolution authorizing the transfer of certain property from the

Georgia Forestry Commission to the State Department of Defense, 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 1.
The resolution, having received the requisite eonstitutional majority, was adopted.

SB 177. By Senators Parker of the 38th and Hale of the 15th:
A Bill to be entitled an Act to provide retirement benefits for the ordinaries of Georgia, and for other purposes.

By unanimous consent, SB 177 was tabled.

SB 162. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to amend the Code relating to competency of witnesses, and for other purposes.

WEDNESDAY, DECEMBER 9, 1953

1673

The following substitute, offered by Mr. Harris of Bibb, was read and adopted:

A BILL
To be entitled an Act to amend Paragraph 3 of Section 38-1603 of the Code of Georgia relating to the competency of witnesses in suits instituted or defended by a corporation, by providing that no officer or agent of a corporation shall be admitted to testify to transactions or communications with an opposite piu1;y who is insane at the time of trial; nor shall such officer or agent be permitted to testify, against an opposite party who is the personal representative of a deceased person, as to transactions or communications with such deceased person.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

S:ECTION 1.

That Paragraph 3 of Section 38-1603 of the Code of Georgia relating

to the competency of witnesses in suits instituted or defended by a

corporation is hereby amended by adding to said paragraph at the end

thereof the following:



"Nor shall an officer or agent of a corporation be admitted to testify

to transactions or communications with an opposite party who is insan~

at the time of trial; nor shall such officer or agent be admitted to testify,

against an opposite party who is the personal representative of a de-

ceased person, as to transactions or communications with such deceased

person."



so that said paragraph of said Section, when so amended, shall read as follows:

"3. Where any suit shall be instituted or defended by a corporation, the opposite party shall not be admitted to testify in his own behalf to transactions or communications solely with a deceased or insane officer or agent of the corporation; nor shall an officer or agent of a corpora-
tion be admitted to testify to transactions or communications with an opposite party who is insane at the time of trial; nor shall such officer or agent be admitted to testify against an opposite party who is the personal representative of a deceased person, as to transactions or communications with such deceased person."

SECTION 2.
All laws or parts of laws in conflict with this Act are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, 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.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

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JOURNAL OF THE HOUSE,

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

HB 1031. By Messrs. Foster and Kemp of Clayton:
A Bill to provide for the holding of a referendum in the City of Forest Park, Georgia, to determine whether said city shall retain its present form of government, 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 205. By Senators Shepherd of the lOth and Adams of the 12th:
A Bill to be entitled an Act to amend the Code relating to rescues and escapes, and for other purposes.

By unanimous consent, SB 205 was tabled.
Under the regular order of business, the following bills of the House were taken for the purpose of considering the Senate amendments thereto:

HB 1031. By Messrs. Foster and Kemp of Clayton:
A Bill to be entitled an Act to provide for the holding of a referendum in the City of Forest Park to determine whether said city shall retain its present form of government, and for other purposes.
The following Senate amendment was read:
H. Redwine of the 26th District moves to amend HB 1031 by striking the words "thirty days" in the first line of Section 1 of said Act and substituting in ibu thereof the words "six months".

Mr. Foster of Clayton moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0. The Senate amendment to HB 1031 was agreed to.

HB 837. By Mr. Moore of Pickens:
A Bill to be entitled an Act to create a new charter for the Town of Jasper, and for other purposes.
The following Senate amendment was read:
Committee Amendment to HB 837:
Amend Section 23 by adding at the end thereof the following additional sentence:
"Provided, however, that the power to condemn property shall not be exercised against the property of any electric utility subject to regulation by the Georgia Public Service Commission." So that said Section 23, as herein amended, shall be as follows:

WEDNESDAY, DECEMBER 9, 1953

1675

"Be it further enacted that the Mayor and Council shall be vested with full authority to condemn property within or without the limits of said town necessary for public purposes in accordance with the method of procedure of condemnation of property provided by the laws of Georgia. Provided, however, that the power to condemn property shall not be exercised against the property of any electric utility subject to regulation by the Georgia Public Service Commission."

Mr. Moore of Pickens moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0. The Senate amendment to HB 837 was agreed to..

HB 986. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to create a new charter for the City of Willacoochee, and for other purposes.
The following Senate amendments were read and adopted:
The Committee of the Senate on Municipal Government moves to amend HB 986 in the following particulars:
Amend HB 986 as follows:
By adding to Section 714 of said bill at the end thereof after the word "thereof'; a semi-colon and the following language:
"provided, however, that nothing contained in this section or elsewhere in this Act shall be construed as authorizing or empowering the said City or its Mayor and Aldermen to condemn or take the property or business of any regulated electric utility furnishing service either within or outside the city limits."
so that said section, when amended, shall read as follows:
"Section 714.
The mayor and aldermen shall have full power and authority to contract for or to condemn any water rights, land or premises within or without the city for the purpose of establishing and maintaining an electric light plant and waterworks, system or sewerage system or any of them, provided, that if the right to condemn herein granted be exercised, all proceedings shall be under the provi,sions of Section 36-301 to 36-307, inclusive, of the Code of Georgia of 1933, and Acts amendatory thereof; provided, however, that nothing contained in this section or elsewhere in this Act shall be construed as authorizing or empowering the said City or its Mayor and Aldermen to condemn or take the property or business of any regulated electric utility furnishing service either within or outside the city limits."
Further, amend Section 804 of HB 986 by adding after the words "private property" in the second line of said section the following language:
"except the property or business of a regulated electric utility furnishing service within or outside said City,"
so that said section when amended shall read as follows:

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"The mayor and aldermen of said City of Willacoochee shall have full power and authority to condemn private property, except the prop. erty or business of a regulated electric utility furnishing service within or outside said City, for any public purpose, such as establishing public s~reets, sidewalks, parks, playgrounds and hospitals; for right of way for any electric light, water supply, gas or sewer line, or sewerage disposal plant, for sites and the building or enlarging of any public building, reservoir or structure necessary for the operation and conduct of the fire department, water plant, electric light and power lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the mayor and aldermen shall desire to exercise the power and authority to condemn property as granted and conferred herein said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor or executors, administrator or administrators, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code of 1933, Section 36-301, et seq."
Further, amend Section 824 by striking said section and substituting in lieu thereof a new section as follows:
"Section 824. Franchises, Easements.
The mayor and aldermen of said city shall have the power to grant franchises, easements and right of way over, in, under and on the public streets, lanes, alleys, parks and other property of said city. No franchise granted by said city to any Company or exercised under its authority shall ever be assigned, transferred, sold or consolidated with any other company, except in connection with the issuance or enforcement of rights under the bonds, stocks, mortgages, loans and other financing of the grantee, without the written consent of the mayor and board of aldermen of the City of Willacoochee."

Mr. Henderson of Atkinson moved that the House agree to the Senate amendments.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendments to HB 986 were agreed to.
The following resolutions of the House were read and adopted:

HR 345. By Messrs. Musgrove of Clinch, Greer of Lanier and others:

A RESOLUTION
Expressing sympathy and regret over the passing of Honorable A. B. Conger, Judge, United States District Court, Middle District of Georgia.
WHEREAS, on Wednesday, December 9, 1953, there departed this life the Honorable A. B. Conger, Judge, United States District Court for the Middle District of Georgia; and
WHEREAS, Judge Conger graduated from Mercer University in

WEDNESDAY, DECEMBER.9, 1963

1677

1914, and served as a member of the General Assembly of Georgia in 1916 through 1917; and
WHEREAS, his son J. Willis Conger is an honored and respected member of this General Assembly, Representative from the County of Decatur; and
WHEREAS, throughout his life Judge Conger exemplified in the finest sense all the virtues and cherished traits of character known to mankind;
NOW THEREFORE BE IT RESOLVED by the General Assembly of Georgia that the heart-felt sympathy and regret of this body be extended to his son, our fellow representative, and the entire family, in this, their hour of bereavement.
BE IT FURTHER RESOLVED that copies of these presents be forthwith transmitted to each member of the family as aforesaid.

HR 346. By Messrs. Hicks and Hall of Floyd and Lokey of Fulton:

A RESOLUTION
Commending Station WAGA-TV, Mrs. Marguerite Ewing Schott, Mr. Bruce Hall and the West End Kiwanis Club for presentation of the Television Program OVER LIFE'S HURDLES.
WHEREAS, there has been presented over Station WAGA-TV for the past 13 weeks the television program OVER LIFE'S HURDLES, informing the public of the divers and sundry aids and services for the physically handicapped, and
WHEREAS, said Station WAGA-TV has given freely of its time and facilities in presenting said program, and has allotted an additional 13 weeks for future programs, and
WHEREAS, Mrs. Marguerite Ewing Schott has served as producer for said program, and Mr. Bruce Hall, public relations representative, Vocational Rehabilitation Division, State Department of Education, has served as Co-ordinator of Agency Participation, and
WHEREAS, the following agencies and institutions have participated in said program, to wit:
1. Vocational Rehabilitation Division, State Department of Education
2. Veterans Administration 3. Veterans Service Department 4. Crippled Childrens Division, Department of Health 6. Department of Labor 6. Georgia Society for Crippled Children and Adults, Inc.
WHEREAS, the West End Kiwanis Club has sponsored said programs;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that this body heartily commend Station WAGA-TV, Mrs. Marguerite Ewing Schott, Mr. Bruce Hall, and the West End Kiwanis Club for their public I!Pirited services aforesaid.

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JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED, that copies of this Resolution be sent to each of the parties herein above named.

HR 347. By Messrs. Campbell of Oconee, Tamplin of Morgan and Gillis of Treutlen:

A RESOLUTION
Commending the Soil Conservation Service and the activities of the soil conservation districts.
WHEREAS, the United States is a rapidly growing country with a marked increase in population; and
WHEREAS, food and fiber are necessary to feed and clothe the ever expanding population; and
WHEREAS, the future production of essential food and fiber has become of grave concern to the people of the United States; and
WHEREAS, it has become a recognized historical fact that in the development and expansion of farm lands, certain farm practices have resulted in great loss of valuable soil from the productive lands which has necessarily reduced the per acre yield of food and fiber crops on these farm lands ; and
WHEREAS, this loss has in the past become so pronounced that the Congress of the United States felt compelled to initiate programs to arrest the wasting away of fertility; and
WHEREAS, in the advancement of said program, a new agency of the U. S. Department of Agriculture was created known as the Soil Conservation Service; and
WHEREAS, the several states, in recognition of the fact that the problem is a water shed or area problem rather than a county or local problem, have enacted legislation authorizing farmers to establish soil conservation districts, controlled and regulated by the farmers residing in the areas affected; and
WHEREAS, the Soil Conservation Service has emphatically approved and recommended the meeting of this problem on a district basis, and has supplied technicians to work with the Farmers' Soil Conservation Districts; and
WHEREAS, it is a recognized fact that erosion occurs without regard to farm boundaries and county or state lines producing a nationwide problem which if not constantly combatted will result in a shortage of food and fiber, causing an exaggerated and disproportionate increase in prices;
NOW THEREFORE BE IT RESOLVED by the General Assembly of Georgia as follows:
1. That the action of the Soil Conservation Service of the U. S. Department of Agriculture in assisting soil conservation districts be heartily indorsed and commended by this body.
2. That this body go on record as recognizing that the problem of

WEDNESDAY, DECEMBER 9, 1953

1679

said conservation is one of the several districts rather than of the counties.
3. That the Congress of the U. S. be memorialized and urged to retain the soil conservation program on a national basis.
4. That Congress be further urged to make all needful provisions for retaining the Soil Conservation Service as a separate service rather than as a service integrated with other programs.
BE IT FURTHER RESOLVED that this resolution be forthwith transmitted to the Governor for his signature, and that copies thereof be sent to the U. S. Secretary of Agriculture, each governor of the several states, each member of the Georgia delegation to Congress, the presiding officers of the several State Legislatures and the President of each State Association of Soil Conservation District Supervisors.

HR 348. By Mr. Hand of Mitchell:

A RESOLUTION
Expressing thanks to the members of the State Highway Board and Ward Matthews, Jr., for courtesies and assistance extended to the House of Representatives and its members individually.
WHEREAS, the members of the State Highway Board, namely, James L. Gillis, Sr., Dixon Oxford and John Quillian, and Ward Matthews, Jr., personnel administrator and compensation attorney for the State Highway Department, have voluntarily and unselfishly made their services and necessary factual information available to the House of Representatives and its individual members during the present session of the General Assembly; and
WHEREAS, Ward Matthews, Jr., has been particularly helpful in furnishing stenographic and clerical services of the most excellent character to members of the House of Representatives from his very busy staff from day to day during the present session of the General Assembly; and
WHEREAS, Such services and cooperation on the part of the State Highway Board and Ward Matthews, Jr., have in a large measure enabled the House of Representatives to expedite its work in an intelligent manner;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that by the adoption of this Resolution we accord our sincere thanks to the members of the State Highway Board, Ward Matthews, Jr., and his excellent staff for their valuable contribution to the work of this House and for their courteous and consistent daily cooperation.
BE IT FURTHER RESOLVED that the Clerk of the House transmit a copy of this Resolution to each member of the State Highway Board and to Ward Matthews, Jr.
HR 349. By Messrs. Kemp and Foster of Clayton:
A RESOLUTION
WHEREAS Sheriff Owens of Henry County and his Deputies Cook

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JOURNAL OF THE HOUSE,

and Rowland were responsible for furnishing transportation for a joint meeting of the House and Senate Penitentiary Committee at Jackson Lake, and
WHEREAS the Honorable Harvey Hodges, Representative of Butts County, made all the necessary arrangements for the delightful dinner served to this Committee,
NOW THEREFORE BE IT RESOLVED that the House of Representatives express their gratitude and thanks for the splendid way in which they performed their duties.

HR 350. By Mr. Connell of Lowndes:

RESOLUTION
WHEREAS the capital City of Georgia was host to the annual Convention of the National Association of Professional Baseball Leagues, which began on Monday, November 30th and extended through Thursday, December 3, 1953; and
WHEREAS, on Friday morning, December 4th, Mr. George :M. Trautman, President of said National Association of Professional Baseball Leagues, addressed this august body; and
WHEREAS, during the course of his remarks he brought to our attention the fact that Georgia is one of the three top States represented in said National Association of Professional Baseball Leagues, having twenty-one Minor League Clubs represented therein; and
WHEREAS, Mr. Trautman paid proper tribute to the great stars of the game who were born in Georgia and got their starts in professional baseball in this great State, among whom was the immortal Tyrus Raymond Cobb, the greatest player and competitor the game has ever produced; and
WHEREAS, Mr. Trautman further advised this body that he married a former Georgian, the lovely and gracious Jane Asbury, from Valdosta, Lowndes County, Georgia; and
WHEREAS, during the course of his remarks he paid the highest tribute to this State for all of its branches of sports, including game and fish, and as well the hospitality of its citizens, showing beyond question that he is one among our many ambassadors of good will;
NOW, THEREFORE, BE IT RESOLVED by the Georgia House of Representatives, in meeting duly assembled, that it show its appreciation for the wonderful address made by Mr. George Trautman, on December 4, 1953, by the passage and recording of this resolution, and that he be extended an invitation to return to this great State at every opportunity for a visit with us and to try his luck in the fields and streams within our boundaries;
BE IT FURTHER RESOLVED that a copy of this resolution be mailed to Mr. Trautman by the Clerk of the House of Representatives.

WEDNESDAY, DECEMBER 9, 1953

1681

HR 351. By Messrs. Dunaway and Cornelius of Polk:

A RESOLUTION
WHEREAS, the Rockmart-Polk County area of the State of Georgia has recently been declared one of the 23 chronic labor-surplus areas in the United States by Federal Authorities, and
WHEREAS, it is in the interest of the whole state that such isolated areas in the otherwise prosperous economic picture be eliminated and kept from spreading to other areas of the State;
THEREFORE, Be it resolved, and it is hereby resolved that the House of RepresentatiTes urges each department and each officer of the State Government to make every effort, without disturbing more urgent and necessary functions, to channel such projects and such operations as would help alleviate and eliminate this situation at their earliest convenience into the Rockmart-Polk County area and to such other areas as are now, or are hereafter, declared to be areas of economic blight and labor surplus.
BE IT FURTHER RESOLVED, That the Secretary of the House send a copy of this resolution to each department head of the State Government.

HB 852. By Messrs. Twitty and Hand of Mitchell and others:

A RESOLUTION
To provide for the name of the State Agricultural Building, located on the corner of Washington and Hunter Streets, Atlanta, Georgia, as the "HERMAN TALMADGE AGRICULTURAL BUILDING.''
Whereas: the Honorable Herman Talmadge has served as Governor of the State of Georgia for the past five years with credit and distinction, and
Whereas: the State is now constructing an Agricultural Building at the corner of Washington and Hunter Streets in the City of Atlanta, Georgia, and
, Whereas: the wise and efficient handling of the finances of the State by Governor Talmadge made it possible for the erection of this building, now
Therefore: Be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, that this structure be and t)le same is hereby named the 4'HERMAN TALMADGE AGRICULTURAL BUILDING," in honor of this eminent Georgian.

HB 853. By Messrs. Matheson of Hart, Perkins of Carroll, and others:
A RESOLUTION
WHEREAS, the Veterans Administration of the Federal Government has made a ruling that in order to be admitted to a Veterans Administration Hospital, a veteran must take a pauper's oath; and
WHEREAS, such a ruling is arbitrary and discriminatory;

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JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the Veterans Administration is hereby requested to rescind such ruling and abolish V. A. Form 10-P-10a, which is an application for hospitalization and requires veterans to take the pauper's oath.

HR 354. By Mr. Key of Jasper:

A RESOLUTION
BE IT RESOLVED by the House that the Members of the House extend their thanks and appreciation to the Southern Bell Telephone and Telegraph Company, and particularly do we extend our esteem for their employees:
Mrs. Mildred Arnold and Mrs. Sara Martin who have so diligently, courteously and efficiently served the members in their making local and long distance telephone calls from day to day during this session; and we request their employer continue their election in succeeding sessions as members of this body.

Hit 355~ By Mr. Matthews of Clarke:

A RESOLUTION
WHEREAS the distinguished Representative from the County of Bartow has given of his time and efforts to improve the State of Georgia and to provide better highways for said State, and
WHEREAS, the proposed toll road will intersect his county as an everlasting memorial to his tireless efforts.
THEREFORE BE IT RESOLVED the said toll road when constructed shall be named the Floyd S. Tumlin Memorial Highway, in honor of his unselfish and devoted service.

HR 356. By Messrs. Smith of Emanuel and Twitty of Mitchell:

A RESOLUTION
Commending the Attorney General, the Bill Drafting Unit and the Deputy Director thereof for services in preparing bills for the General Assembly.
WHEREAS, the Bill Drafting Unit has been established by Act of the General Assembly as a part of the Department of Law with the duty of preparing and assisting in the preparation of legislation, and
WHEREAS, Honorable Eugene Cook, Attorney General of Georgia, is the Director thereof, and Honorable Frank Edwards is the Deputy Director thereof, and
WHEREAS, during the January-February Session of 1953, said Bill Drafting Unit prepared approximately 830 bills and resolutions, and
WHEREAS, during the November-December Session of 1953, said

WEDNESDAY, DECEMBER 9, 1953

i683

Bill Drafting Unit prepared approximately 500 bills and resolutions, and
WHEREAS, approximately 136 of this last number were prepared during the first five days of the Session, constituting a record number prepared in an opening week of the General Assembly;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that Honorable Eugene Cook, Honorable Frank Edwards, and all the staff of the Bill Drafting Unit be commended for their able and diligent services in behalf of this General Assembly as aforesaid.

HR 357. By Messrs. Swindle of Berrien, Greer of Lanier, and Ursrey of Jeff Davis:
A Resolution requesting that the State College of Agriculture and the State Commissioner of Agriculture take certain steps to furnish the tobacco growers of Georgia assistance and information in marketing the tobacco crop, and for other. purposes.

HR 358. By Mr. Twitty of Mitchell:

A RESOLUTION
BE IT RESOLVED BY the House of Representatives that the Speaker of the House and such members of his office personnel as he might require are authorized to remain at the Capitol 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 five 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 .-hecking 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 three days for the purpose of forwarding members' mail.
BE IT FURTHER RESOLVED that the Chairman of the Peni-

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JOURNAL OF THE HOUSE,

tentiary Committee be authorized to appoint a sub-committee to consist of not more than six members of the Penitentiary Committee to be approved by the Speaker, to include the Chairman, vice-chairman, and his Secretary to visit the penal system of Georgia. Said visits not to exceed thirty 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 committees from the members of the House of Representatives to serve as a legislative investigating committee or for other necessary business for the State during the time that the Legislature is not in session. Said committees 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 any business of the State, when deemed necessary within the discretion of the Speaker of the House of Representatives.
All the above named persons, who are authorized to remain over for the unfinished business of the House, shall receive the same compensation as they received during the session. The interim Committees shall be paid the regular per diem, allowances and expenses authorized by law for travelling committees.

Mr. Twitty of Mitchell moved that the House do now recess until 10:00 o'clock tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.

THURSDAY, DECEMBER 10, 1953

1685

Representative Hall, Atlanta, Georgia. Thursday, December 10, 1953.

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 Reverend R. C. Smith, Pastor, Brown Memorial Church, Wrightsville, Georgia.

By unanimous consent, the roll call was dispensed with.

Mr. Garrard of Wilkes, 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. Reports of Standing Committees.
2. Second reading of Bills and Resolutions, favorably reported.
3. Third reading and passage of local uncontested bills and general bills with local application.
4. That the Speaker may in his discretion call up any bill on the General Calendar in any order that he desires.

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 18. Do Pass.
Respectfully submitted,
Greer of Lanier,
Chairman.
By unanimous consent, the following bill of the Senate, favorably reported, was read the second time:
SB 18. By Senator Adams of the 12th:
A Bill to be entitled an Act to repeal an Act and to provide for recovery from the estate of a deceased recipient of assistance under the Old Age Assistance Act, and for other purposes.

. JOURNAL OF THE HOUSE,
By unanimous consent, the following bills of the Senate were taken up for consideration and read the third time:
SB 197. By Senator Ramsey of the 1st:
A Bill to be entitled an Act to amend an Act so as to authorize the sale of certain parts of St. Julian Street by the City of Savannah, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Municipal Government moves to amend Senate Bill No. 197 as follows:
(1) By amending the caption thereof by adding after the word "sell" in the fourth line, the phrase "for certain designated purposes".
(2) By striking the following language in the first paragraph of the body, "or prices as may be determined by the City Council of the Mayor and Aldermen of the City of Savannah", as well as all of the remaining language in the bill, and substituting in lieu thereof the following:
"As shall be determined through a re-appraisal of the aforementioned portion of St. Julian Street by the Savannah Real Estate Board. In making the reappraisal, the said board shall be required to consider the use the purchaser or purchasers of said street intend to make of same, and such board shall also be required to determine and give full consideration in arriving at its appraisal to the several amounts paid, or which is anticipated will be paid, for the property abutting the aforementioned portion of St. Julian Street on its north and south.
"Be it further enacted, that the initial use which shall be made of the aforementioned portion of St. Julian Street shall be for the erection of a modern multi-story public parking garage, and that such conveyance as is made by the Mayor and Aldermen of the City of Savannah to the purchaser or purchasers of that portion of St. Julian Street between Lincoln and Habersham Streets shall contain a provision that the initial use of the aforementioned portion of St. Julian Street shall be for the erection of a modern multi-story public parking garage..
"Be it further enacted, that the conveyance herein authorized shall not be made unless and until satisfactory proof is submitted in writing to the said Mayor and Aldermen that the purchaser or purchasers of said street are ready, willing and able to proceed with the construction of said modern multi-story public parking garage on the premises bounded by Bryan Street on the north, Habersham Street on the east, Congress Street on the south, and Lincoln Street on the west.
"Be it further enacted that all laws or parts of laws in conflict with 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

THURSDAY, DECEMBER 10, 1953

1687

SB 213. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Code so as to regulate the time and manner of qualifying in elections held 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 241. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to permit the City of Macon to widen Williams Lane, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 238. By Senator Millican of the 52nd:
A Bill to be entitled an Act to protecting the pension rights of county and city employees 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 215. 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 was read and adopted:
Hamilton Lokey, Hoke Smith & Muggsy Smith of Fulton move to amend Senate Bill No. 215 by adding thereto the following sections, to be appropriately numbered and placed immediately preceding the repealing section, which is to be re-numbered;
SECTION ____. The President of the Board of Aldermen shall be competent to serve on any committee of the Aldermanic Board to which he may be appointed by the Mayor, but shall have no vote.
SECTION ---- The members of the Board of Aldermen shall be paid a compensation of $3,000.00 annually, to be divided into monthly or semi-monthly installments.
SECTION :_ . The Mayor and Board of ATdernien are authorized to continue the employment of W. T. Pierce in the Fire Department

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JOUR.N# OF THE HOUSE,

until age 70, provided he is assigned to duties other than those directly connected with fire fighting.

SECTION ___ . The salary of the Chief Plumbing Inspector in the Department of Plumbing shall be $6,000.00 annually, to be divided into monthly or semi-monthly installments. This compensation shall be subject to uniform increases or decreases by the Mayor and Board of Aldermen.

SECTION ---- The Mayor and Board of Aldermen shall fix and pay minimum compensation, to be paid monthly or semi-monthly, to the following officers in the Police Department: Superintendents, $6,000.00 annually, and Captains, $5,160.00 annually.

SECTION ---- The salaries provided for in the foregoing two sections shall become effective January 1, 1954 and the Mayor and Board of Aldermen are authorized to increase or decrease said salaries at anytime after April 1, 1954.

SECTION ---- That the corporate limits of the City of Atlanta

are hereby enlarged and extended so as to include and embrace within

the corporate limits of the City of Atlanta all the following described

property:



Beginning at a point on the westerly right-of-way of the south leg of the Expressway twenty-three hundred and fifty (2,350)
feet, more or less, south of the north line of Land Lot 66 of the 14th District of Fulton County, said point being where the corporate limits of the City of Atlanta and the City of Hapeville intersect on the westerly right-of-way of the south leg of the Expressway, running thence southerly along the westerly right-ofway of the south leg of the Expressway and continuing southerly along the westerly right-of-way of the ramp leading into the Ma~ con Highway and a projection thereof to the corporate limits of the City of Atlanta north of the Central of Georgia Railroad; thence southeasterly, northeasterly, and northwesterly along the corporate limits of the City of Atlanta to the point of beginning.

SECTION ---- Said described territory shall become a part of the City of Atlanta effective January 1, 1954.

SECTION ---- All the powers and authority of the City of Atlanta under its charter and ordinances and all laws appertaining to said City as a municipality are hereby extended over and made effective in every part of the territory included within the corporate limits above described. It shall likewise become a part of the independent school system of the City of Atlanta.

The report of the committee, which was favorable to the passage of the }!ill, was agreed to, as amended.
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.
Under the regular order of business, the following resolution of the House was taken up !or the purpose of considering the Senate amendment thereto:

THURSDAY, DECEMBER 10, 1953

1689

ff;~ 23l-743q. By Mr. McWhorter of DeKalb.
A Resolution compensating Mr. Roy A. Pert for damages, and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on Appropriations moves to amend HR 231-743q by striking "$250.00" wherever it appears and inserting . "$116.95".

'Mr. McWhorter of DeKalb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 104, nays 0. The Senate amendment to HR 231~743q was agreed to.
Un!ler the regular order of business, the following bills and resolutions of the Sen~te we.re taken Up for consideration and read the third time:

SB 179. By Senators Edenfield of the 4th and Carlisle of the 51st:
A Bill to be entitled an Act to amend an Act so as to provide for the withholding of funds in the .event a county fails to collect .and remit contributions under the .provisions of the Federal Social Security Act, ' :.. and for other purposes.

By unanimous consent, SB 179 was tabled.

~B 33. .By Senators Campbell of the 31st, Edenfield of the 4th, and others:
A Bill to be entitled an Act to provide for women to serve on juries, and for other purposes.

By unanimous consent, .SB 33 was tabled.

SR 65. By Senator Stoddard of the 50th:
A Resolution providing for the transfer of certain property from the Confederate Soldiers Home to the Military Department of the State of Georgia, and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 107, nays 0.
The resolution, having received the requisite constitutional majority, was adopted;

SB 7. By Senator Millican of the 52nd: '
A Bill to be entitled an Act to amend the Code so as to provide that election managers may not begin to count the votes in an election until polls are closed, 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 108, nays 2.
The bill having received the requisite constitutional majority, was passed.

SB 208. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to extend the time within which bills of exception shall be tendered to the presiding judge, and for other purposes.

By unanimous consent, SB 208 was tabled.

SB 6. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend the Code so as to authorize the delivery of sample ballots to newspapers, and for other purposes.
By unanimous consent, SB 6 was tabled.

SB 224. By Senator Campbell of the 31st:
A Bill to be entitled an Act to prohibit policemen from joining labor unions, and for other purposes.

An amendment offered by Mr. Bell of Richmond 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, 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 Evans Alexander Ayers Barber of Colquitt
Baughman Bentley
Best Birdsong Black Blackburn
Blalock Bloodworth Boggus Bolton Brannen Bray Callier Campbell of Oconee Campbell of Walker

Chastain Clark Clary Cloud Coker Connell Cowart Deen of Bacon Dews Drinkard Edenfield Floyd Flynt Foster Freeman Gardner Garrard Gillis Goodson

Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Grimsley Gunter Hale Hamilton Harper Harrell Harrison of Wayne Hayes Henderson Hodges Hollis Huddleston. Ingle Ivey

THURSDAY, DECEMBER 10, 1953

1691

Jackson Jessup Johnson Jones of Lumpkin Kemp
Key Land Lanier Lalton Lifsey Lokey McCracken McKenna Martin Matheson Mishoe Mobley Moore of ~ckens Moore of White Moye

Mull Murphey of Crawford Musgrove Nelson Nightingale Parker Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Rowland Russell Rutland Short Sivell Smiley Smith of Cobb Smith of Emanuel

Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Swindle Tamplin Tarbutton Todd Trapnell Twitty Walker Wardlow Watson White Whitener Williams of Bulloch Williams of Franklin Williams of Tift Wooten Young

Those voting in the negative were Messrs.:

Adams of Upson Barber of Jackson Bell Bodenhamer Brantley Britton Buie Byrd
Cheatham Cummings Dean of Towns Dunaway

Durham Fowler Frier Hall Harrison of Jenkins Hicks Holley Holton Jordan of Gwinnett Little McGee Mauldin

Mincey Murr Register Scoggin Sipple of Chatham Stewart Stocks Tarpley Terrell Upshaw Veal Wiggins

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

On the passage of the bill, the ayes were 1t6, nays 36.

The bill, having received the requisite constitutional majority, was passed.

SR 36. By Senators Dean of the 34th and Carlisle of the 51st:
A Resolution establishing a joint committee to investigate the feasibility of codifying the Acts of the General Assembly since 1933, and for other purposes.
The following committee substitute was read and adopted:
SR 36 (Sub)
The Committee on General Judiciary No. 1 moves to substitute the following resolution for. SR 36:

A RESOLUTION
Establishing a joint committee of the House and Senate to investigate and make recommendations regarding the codification of the Acts

1692

JOURNAL OF THE HOUSE,

of the General Assembly since 1933 and the best method of accomplishing the same, and for other purposes.
WHEREAS, there has been no codification of the Acts of the General Assembly since 1933, and it is recognized that due to the great number of amendments and modifications of statutes, it is practically impossible for the cQurts, attorneys, State officials and the people of this State in many cases to ascertain what the law is without some codification of the same; and
WHEREAS there have been several resolutions introduced relative to the codification of said Acts, but opinions have varied widely as to the best method of accomplishing such codification; and
WHEREAS the General Assembly needs to be fully informed as to all the factors which affect such codification and, in view of the farreaching effect of such codification, should not make a decision without a careful and detailed investigation thereof.
NOW THEREFORE, be it resolved by the Senate, the House of Representatives concurring, that a Joint Committee of the House and Senate be appointed, composed of four members of the House to be appointed by the Speaker and three members of the Senate to be appointed by the Lieutenant Governor, for the purpose of examining the Georgia Code of 1933 in relation to the Acts of the General Assembly enacted since that date, the Georgia Code Annotated published by the Harrison Company, the Acts and doings of the Code Commission heretofore created by the General Assembly, the cost to the State and to interested individuals of the various proposed methods of such codification, and all other factors having a bearing on this decision;
BE IT FURTHER RESOLVED that said Committee be and it is hereby directed to render a report of its findings, together with its recommendations thereon, to the General Assembly convening in January, 1955, and
BE IT FURTHER RESOLVED that the members of said Committee shall receive the same compensation and allowances for each day they are in attendance at the meetings thereof as are received by members of the General Assembly for each days attendance during the regular session; and
BE IT FURTHER RESOLVED that said Committee is authorized to incur such reasonable expenses as may be necessary for the accomplishment of its purpose; and
BE IT FURTHER RESOLVED that the compensation and allowances of the members of the Committee and the expenses of the Committee be paid from moneys appropriated for the operation of the General Assembly or from other available funds.

The report of the committee, which was favorable to the adoption of the resolution, by substitute, was agreed to.
On the adoption of the resolution, by substitute, the ayes were 101, nays 5. The resolution was adopted, by substitute.
SB 218. By Senator Stoddard of the 50th: A Bill to be entitled an Act to amend the Code so as to provide that

THURSDAY, DECEMBER 10, 1953

1693

mechanics' liens on personalty may be foreclosed by surrendering possession 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 113, nays 0.

The bill, having received the requisite constitutional majority, was passed;.

SB 195. By Senator Callaway of the 3~th:
A Bill to be entitled an Act to amend the Code so as to provide that the capital stock of trust companies may be divided into shares of not less than $10.00 each, and for other purposes.

The report of the committee, which wa8 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.

BB 239. By Senator Ramsey of the 1st:
A Bill to be entitled an Act to provide an additional judge to the Superior Court for the Eastern Judicial Circuit, and for other purposes.

Mr. Gowen of Glynn moved the previous question and the motion prevailed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 8.
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 111. By Messrs. Deen of Bacon, Smith of Cobb and others:
A Bill to amend Sections 59-106 and 59-201 of the Code of Georgia of 1933, to entitle all citizens who are otherwise qualified to serve as jurors to amend existing laws; and for other purposes.

HB 201. By Mr. Harris of Bibb:
A bill to amend Section 38-1501 of the Code of Georgia adopted in 1933 which Section relates to attendance of witnesses in court, application to the clerk of court for the issuance of the writ of subpoena for witnesses; and for other purposes.

1694

JOURNALOF THE HOUSE,

HB 321. By Messrs. Graham of Richmond and Hall of Floyd:
A bill to amend an Act which relates to annual fees for operating motor vehicles; so as to provide for fees for trailers operated exclusively under Class "B" Certificates issued by the Georgia Public Service Commission for the transportation of household, kitchen, office furniture and store fixtures; and for other purposes.

HB 655. By Mr. Nightingale of Glynn:
A bill to amend an Act prohibiting livestock from running at large or straying upon public roads; and for other purposes.

HB 657. By Messrs. Kemp and Foster of Clayton, Tumlin of Bartow and others:
A bill to amend an Act relating to the control of convicts by the Prison Commission by providing that the Superior Court Clerks shall furnish the Department of Corrections with a copy of the accusation; and for other purposes.

HB 746. By Mr. Groover of Bibb:
A bill to provide for the dismissal of suits in the courts of this State when they have been pending for a period of five years or longer; and for other purposes.

HB 1006. By Mr. Willingham of Cobb:
A bill to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. Laws 1931, p. 955), as amended, so as to provide for the division of the City of Smyrna into six wards with a councilman to be elected from each ward, and one from the city at large; to provide for terms of office; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1012. By Mr. Harrell of Grady:
A bill to amend an Act establishing the City Court of Cairo; and for other purposes.

HB 200. By Mr. Harris of Bibb:
A bill to amend an Act which relates to the Duty of the Clerks of the Superior Courts to keep in their offices two subpoena dockets; one for criminal and one for civil cases; and for other purposes.

HR 118. By Messrs. Adams and Brantley of Upson:
A resolution to compensate Claude L. Everett of the Georgia State Patrol, for injuries received while engaged in his duties as employee of the State of Georgia; and for other purposes.

HR 224. By Mr. Moses of Montgomery:
A resolution authorizing the payment of bills incurred as a result of injuries sustained in line of duty by Trooper Moses, of the Georgia State Patrol; and for other purposes.

THURSDA~ DECEMBER 1~19~

1695

HR 233. By Mr. Mishoe of Tattnall:
A resolution authorizing the payment of bills incurred as a result of injuries sustained in line of duty by Cpl. J. -W. Beasley, of the Georgia State Patrol; and for other purposes.

HR 294. By Mr. Huddleston of Fayette:
A resolution authorizing compensation to Louis Palmer for damages to his automobile; and for other purposes.

HR 313. By Messrs. Lewis of Greene and McGarity of Henry:
A resolution to compensate Mrs. Lillian Dobbs O'Kelly for damages to her automobile incurred as a result of a faulty highway condition; 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 776. By Mr. Lokey of Fulton:
A bill to authorize the Boards of Education of Independent School Systems of cities located in whole or in part in counties having a population of more than 300,000; to provide for the operation of speech corrections and other specialized schools; and for other purposes.

HB 968. By Messrs. Harris, McKenna and Groover of Bibb:
A bill to amend an Act to re-enact the charter of the City of Macon; and for other purposes.

HB 976. By Mr. Dean of Bacon:
A bill to enable Bacon County and the City of Alma, to establish a joint planning Commission; and for other purposes.

HB 995. By Mr. Abney of Catoosa: A bill to amend an Act to create and establish a new charter for the Town of Ringgold; and for other purposes.
HB 1015. By Messrs. Bell, Holley and Graham of Richmond:
A bill to designate the time of filing declarations in attachments in municipal court, City of Augusta; and for other purposes.

HB 1016. By Messrs. Willingham, Smith and Bentley of Cobb:
A bill to amend an Act creating a new charter for the City of Kennesaw; so as to provide that it shall be in the discretion of the Mayor and Council of the City of Kennesaw; and for other purposes.

1696

JOURNAL OF THE HOUSE,

HB 858. By Mr. Hoke Smith of Fulton: A bill to amend an Act to provide for the retirement of the Judges and the Solicitor General of the Criminal Court of Fulton County; and for other purposes.
HB 918. By Mr. Tallant of Cherokee: A bill to amend an Act to supplement the salary of the Judge of the Superior Courts of the Blue Ridge Circuit; and for other purposes.
HB 987. By Mr. Russell of Barrow: A bill to amend an Act creating the Piedmont Judicial Circuit; and for other purposes.
HB 992. By Messrs. Cheatham, McGee and Sipple of Chatham: A bill to amend the Charter of the Mayor and .A-ldermen of the City of Savannah; providing for pension for employees; and for other purposes.
HB 994. By Messrs. White and Jordan of Gwinnet~: A bill to create and incorporate a new municipality in Gwinnett County to be known as the City of Berkeley Lake; and for other purposes.

HB 999. By Mr. McGarity of Henry:
A bill to provide for a zoning and planning Commission in and for all of that portion of Henry County lying outside of the corporate limits of any incorporated town or city; and for other purposes.

HB 1000. By Messrs. Cloud and Conger of Decatur:
A bill to amend an Act incorporating the Town of Brinson in Decatur County; and for other purposes.

HB 1005. By Messrs. Hall, Scoggin and Hicks of Floyd:
A bill to amend an Act creating a new charter and municipal government for the City of Reme, by enlarging the present city boundaries, etc.; and for other purposes.
HB 752. By Messrs. Strickland of Brantley, Deen of Bacon and others:
A bill to repeal an Act providing for the erection and operation of'Wel:. come Stations at the main highway entrances into this State; and for other purposes.

HB 850. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and others:
A bill to provide a maximum amount of Five Thousand Dollars as fees to be paid the Secretary of State for the filing of certified copies of proceedings for the granting of charters; and for other purposes.

THURSDAY, DECEMBER 10, 1953

1697

HR 85. By Messrs. Bentley of Cobb, Floyd of Chattooga; Coker of Walker and Smith of Cobb:
A resolution proposing an amendment to the Constitution relating to the term of office and the meetings of the General Assembly, so as to provide fo~ the time of the convening of the General Assembly; to provide that the General Assembly shall meet in annual sessions not to exceed 40 days; and for other purposes.

HR 273. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and others:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution of Georgia adding a new Article thereto, to be designated Article XVI, Slum Clearance and Redevelopment; and for other purposes.
HR 304. By Messrs. Holton and Hayes of Coffee:
A resolution proposing an amendment to the Constitution so as to provide that the Board of Education of Coffee County, or any person or board who may hereafter be charged with the duties and powers of such board, shall be authorized and empowered to reorganize the schools within its jurisdiction and to determine and fix the number of grades to be taught at each school in its system; and for other purposes.

HR 308. By Messrs. McKenna, Harris and Groover of Bibb:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to delegate to the County Board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern; and for other purposes.

HR 317. By Messrs. Tumlin and Upshaw of Bartow:
A resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Bartow County by the people; to provide for the election of the County School Superintendent; and for other purposes.
HR 320. By Messrs. Jordan and White of Gwinnett:
A resolution proposing an:amendment to the Constitution S() as to provide that the governing authority of Gwinnett County may establish a water, sanitation, sewerage and fire protection district in Gwinnett County; and for other purposes.

HR 322. By Messrs. McWhorter, Rutland and Turner of DeKalb:
A resolution proposing an amendment to the Constitution to provide that the homestead exemption shall not apply to taxes which are assessed and collected by the Taxing authorities of DeKalb County for the support and maintenance of education as recommended by the DeKalb County Board of Education; and for other purposes.

.HB 802. By Messrs. Sipple of Chatham and Williams of Bulloch: A bill to define contagious tuberculosis; to require rules and regula-

1698

JOURNAL OF THE HOUSE,

tions relating to the control of contagious tuberculosis; and for other purposes.
HB 950. By Messrs. Hand and Twitty of Mitchell, McKenna of Bibb and others:
A bill to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who are members of the National Guard (Georgia); and for other purposes.
HB 989. By Messrs. Ray of Warren, Lokey of Fulton and Twitty of Mitchell:
A bill to amend an Act which provides for the reduction of a net operating loss of one year from income of certain other years; and for other purposes.

HB 990. By Messrs. Ray of Warren, Lokey of Fulton, and Twitty of Mitchell:
A bill to amend an Act which provides for the deduction of contribution by individuals and corporations; and for other purposes.

HR 292. By Messrs. Green of Baldwin, Smith of Emanuel and others:
A resolution proposing the conveyance by the Governor of approximately 18.6 acres of land now constituting part of the Georgia State Training School for Boys, to the Baldwin County Hospital Authority for a consideration of $100.00 per acre; and for other purposes.

HR 50. By Mr. Tamplin of Morgan:
A resolution authorizing compensation to J. B. Bruce for the loss of a cow; and for other purposes.

HR 107. By Mr. Lokey of Fulton:
A resolution to compensate Clyde E. Sinyard for damages to his 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.

HB 1021. By Messrs. Willingham, Smith and Bentley of Cobb:
A bill to amend an Act creating a new charter fer the City of Austell; and for other purposes.

HB 1027. By Messrs. Chastain and Willis of Thomas:
A bill to amend an Act entitled an Act to amend an Act to incorporate the Town of Thomasville as the City of Thomasville ; so as to provide for the establishment of a fund to be known as City of Thomasville Water and Light Department General Reserve Fund; and for other purposes.

HB 1029. By Mr. Harrell of Grady:
A bill to amend an Act incorporating the City of Cairo; and for other purposes.

THURSDAY, DECEMBER io, 1953

1699

HB 169. By Mr. Hicks of Floyd:
A bill to require all candidates for nomination and election to the House of Representatives in all counties of this State entitled to two or more such Representatives to designate and qualify for a specific seat and to name his incumbent opponent; and for other purposes.

HB 630. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and others:
A bill relating to the establishment of a civil defense agency and other organizations for civil defense within_ this State; and for other purposes.

HB 653. By Mr. Greer of Lanier:
A bill to amend an Act relating to bonds given by State Depositories and to the giving of securities in lieu of bonds, etc.; and for other purposes.

HB 800. By Messrs. Groover of Bibb and Nightingale of Glynn:
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; 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 of the House to wit:

HB 874. By Messrs. Twitty of Mitchell, Gowen of Glynn and Hollis of Muscogee:
A bill to provide for the appointment of an attorney to represent indigent defendants in criminal cases involving capital felonies and appeals from convictions thereof; and for other purposes.
HR 265. By Messrs. Harris, McKenna and Groover of Bibb:
A resolution proposing an amendment to the Constitution so as to authorize the County Board of Commissioners for the County of Bibb to prescribe, administer and enforce building, construction, electrical and plumbing rules, etc.; and for other purposes.
HR 300. By Messrs. Bell, Holley and Graham of Richmond:
A resolution to amend the constitution to authorize the People of Richmond County to give the Board of Commissioners the power to set license fees for businesses; and for other purposes.
HR 39. By Mr. Matthews of Clarke:
A resolution to compensate Mr. J. B. Polk for damages to his automobile when hit by State Thuck SHD #1-1375 owned by the State Highway Department and driven by Mr. Judson P. Pendrey; and for other purposes.

1700

JOURNAL OF THE HOUSE,

HR 146. By Mr. Willingham of Cobb:
A resolution to authorize compensation to Mr. E. S. McKinney for damage to his automobile; 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 substitute by the requisite constitutional majority the following bill of the House to wit:

HB 961. By Mr. Jones of Lumpkin:
A bill to amend an Act relating to vehicle license plates, descriptions, transfers, duplicates, fees and penalties for violation; and for other purposes.

HB 1035. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to create a traffic court for the City of Atlanta, giving to said court jurisdiction to try offenses against the traffic laws, etc.; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate insist on its position and respectfully asks that a Committee of Conference be appointed on the following bill of the House.
The President has appointed on the part of the Senate: Senators Millican of the 52nd, Hawes of the 29th and Griffith of the 28th.

HB 354. By Messrs. Twitty of Mitchell and others:
A bill to levy and provide for the collection of taxes for the support of the Government and institutions of the State: to prescribe rates for taxation of certain property heretofore classified as intangible property; to define and provide for taxation of long term notes secured by real estate; to levy excise tax on State Building and Loan Associations; and for other purposes.

The Senate has agreed to the House Amendment to the following bill of the Senate:

SB 165. By Senators Edenfield of the 4th and Carlisle of the 51st:
A bill to define and designate the property owned by the State as "The Capitol Square"; to authorize conveyance of property that is necessary and essential to aid the movement of traffic; and for other purposes.

The Senate has agreed to the House Amendment to the following bill of the Senate:

THURSDAY, DECEMBER 10, 1953

1701

SB 159. By Senator Millican of the 52nd:
A bill to amend an Act to require the tax receiver or tax commissioner of Fulton County to receive tax returns for the City of Atlanta; so as to provide that sanitary and ad valorem taxes due by public utilities shall be collected by the municipal revenue collector; and for other purposes.

The Senate has agreed to the House Amendment to the following bill of the senate:

SB 153. By Senator Coker of the 39th:
A bill to amend the Employees' Retirement System Act so as to define "involuntary separation"; to stipulate required qualifications for retirement to amend qualifying requirements for creditable service while in Armed Forces; and for other purposes.

The Senate has agreed to the House Amendment to the following bill of the Senate:

SB 170. By Senators Campbell of the 31st and Walker of the 45th:
A bill to limit the amount of term insurance which may be issued under group life insurance policies delivered in this State; and for other purposes.

The Senate has agreed to the House Amendment to the following bill of the Senate:

SB 191. By Senators Redwine of the 26th and Singleton of the 24th:
A bill to amend Section 84-1409 of the Code relating to qualifications of applicants for license to act as real estate brokers so as to change requirements for bond; 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 and resolutions of the House to wit:
HR 290. By Messrs. Adams and Brantley of Upson:
A resolution to provide the Ordinary of Upson County certain enumerated volumes of the Georgia , Supreme Court Reports, etc.; and for other purposes.

HB 713. By Mr. Stewart of Echols:
A bill to amend, revise, supersede and consolidate the laws, creating and governing the Commissioner of Roads and Revenues of Echols County; and for other purposes.

1702

JOURNAL OF THE HOUSE,

HB 915. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an Act to incorporate the City of Hapeville, so as to provide a Pension and Retirement System for the classified employees; and for other purposes.

HB 928. By Mr. Stewart of Echols:
A bill to authorize the Clerk of the Superior Court of Echols County to hold at one time, more than one county office and to act as deputy for any other commissioned officer; and for other purposes.

HB 979. By Messrs. Harris, McKenna and Groover of Bibb:
A bill to authorize the County Board of Commissioner for the County of Bibb to prescribe, administer and enforce rules, etc.; and for other purposes.
HB 103.6. By Mr. Lokey of Fulton:
A bill to amend an Act consolidating Acts incorporating the City of East Point; and for other purposes.

HB 1038. By Mr. Lokey of Fulton:
A bill to amend an Act consolidating the City of East Point and creating a new charter for said city; and for other purposes.

HB 1041. By Mr. Lokey of Fulton:
A bill to amend an Act consolidating Acts incorporating the City of East Point and Creating a new charter for said city; and for other purposes.

HB 1022. By Mr. H. Smith of Fulton: A bill to amend an Act establishing a new charter for the City of Atlanta, relating to Wards, and for 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 96. By Senator Adams of the 12th:

A RESOLUTION
Proposing to the qualified voters an amendment to the Constitution. so as to provide for the electio{l of the members of the Board of Education of Stewart County by the people; to provide their qualifications, compensation and term of office; 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. Article VIII, Section V, Paragraph I of the Constitu-

THURSDAY, DECEMBER 10, 1953

1703

tion, relating to the county boards of education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Stewart County shall consist of five (5) members to be elected by the voters of Stewart County as a whole. For the purposes of electing said Board of Education Stewart County is hereby divided into four (4) school districts as follows:
(a) School District #1 to consist of the Midway Militia District (G. M. #988); Florence Militia District (G. M. # 801); and Omaha or Mineral Springs Militia District (G. M. #725).
(b) School District #2 to consist of Louvale Militia District (G. M. #780); and Lumpkin Militia District (G. M. #796).
(c) School District #3 to consist of the Richland Militia District (G. M. #727); Green HillMilitia District (G. M. #965); and Brooklyn Militia District (G. M. #966).
(d) School District #4 to consist of the Pataula Militia District (G. M. #747); and County Line Militia District (G. M. #816).
One member of said Board of Education shall be elected by all the qualified voters of Stewart County from each of the beforegoing school districts and the fifth (5th) member of the said board of education shall be elected by the voters of said county from the county at large. Other than the member from the county at large no person shall be eligible to serve as a member of the Stewart County Board of Education from a school district unless he shall reside in such district; however, all members of the board shall be elected by the voters of the entire county of Stewart. All of said members shall be elected for terms of four (4) years each and until their successors are duly elected and qualified and thereafter the Grand Jury of Stewart County shall make no more appointments for the Board of Education of Stewart County.
The members of the board of education shall each receive as their compensation the sum of five ($5.00) dollars for every meeting which they attend plus seven (.07) cents per mile for each mile which they have to travel in going to said meeting. All other laws of the general nature relating to the qualifications and duties, obligations and responsibilities of the board of education shall be applicable as to the Board of Education of Stewart County.
"After the approval of this Act the terms of the members of the
Stewart County Board of Education who are presently in office shall
expire and new members shall be elected as hereinafter provided.
"Not later than ten days after the ratification of this amendment, it shall be the duty of the Ordinary of Stewart County to issue a call for an election for the purpose of electing the first members of the Board of Education of Stewart County as created herein. The date of such election shall be set for a day not less than twenty nor more than thirty days from the date of the issuance of the call thereof. It shall be the duty of the Ordinary to publish the date of the election, the purpose thereof, and an explanation of the voting procedure by the Education Districts herein created, once a week for two weeks immediately preceding the date of the election in the official organ of Stewart County. Each member of said Board shall be elected for a

1704

JOURNAL OF THE HOUSE,

term of four years and until his successor is duly elected and qualified, and said members qualify for their respective offices on January 1 next succeeding their election. In case of a vacancy on said Board by death, resignation, or from any cause other than the expiration of such member's term of office, the remaining members of the Board shall elect a successor who shall serve the unexpired term."
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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amer.ded, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Stewart County by the people, and the election of the County School Superintendent by the Board.
"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Stewart County by the people, and the election of the County School Superintendent by the Board."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and 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 Cataosa Adams of Evans Adams of Upson
Alexander Ayers Barber of Colquitt

Barber of Jackson Baughman Bell Bentley
Best Birdsong

Black Blackburn Blalock Bloodworth
Bodenhamer Boggus

THURSDAY, DECEMBER 10, 1,953

1705

Bolton Brannen Brantley Bray Britton Buie Byrd
Callier Campbell of Oconee Campbell of Walker Chastain Cheatham Clark Clary
Cloud Coker Connell Cowart Cummings Dean of Towns Deen of Bacon Dews Drinkard Dunaway Durham Edenfield Floyd Flynt Foster Fowler Freeman Frier Gardner Garrard Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp Grimsley Gunter Hale Hall

Hamilton Harper Harrell Harrison of Jenkins Harrison of Wayne Hayes Henderson Hicks Hodges Holley Hollis Holton
Huddleston Ingle lvey
Jackson Jessup Johnson Jones of Lumpkin Jordan of Gwinnett Kemp Key Land Lanier Layton Lifsey Little Lokey
McCracken McGee McKenna Martin Matheson Mauldin Mincey Mishoe Mobley Moore of Pickens Moore of White Moye Mull Murphey of Crawford Murr Musgrove Nelson

Nightingale Parker
Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray
Register Rowland Russell Rutland Scoggin
Short Sipple of Chatham Sivell Smiley
Smith of Cobb Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stewart Stocks Swindle Tamplin
Tarbutton Tarpley Terrell Todd Trapnell Twitty Upshaw Veal Walker Wardlow Watson White Whitener Wiggins Williams of Bulloch Williams of Franklin Williams of Tift Wooten Young

By unanimous 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 two-thirds constitutional majority, was adopted.

Under the regular order of business, the following bills of the House were taken up for the purpose of considering the Senate amendments thereto:

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HB 874. By Messrs. Twitty of Mitchell, Gowen of Glynn and Hollis of Muscogee:
A Bill to be entitled an Act to provide for the appointment of an attorney to represent indigent defendants in criminal cases involving capital felonies, and for other purposes.
The following Senate amendments were read:
Senator Walker of the 53rd moves to amend HB 874 by inserting after the word "case" in paragraph A the following: "provided, however, that the expenses shall not exceed $500.00"'
Senator Walker of the 53rd moves to amend HB 874 by inserting after the word "appeal" in Paragraph B, Section 3, the following: "provided, however, that the expenses shall not exceed $500.00".

Mr. Twitty of Mitchell moved that the House agree to the Senate amendments.
On the motion to agree, the ayes were 116, nays 0.
The Senate amendments to HB 874 were agreed to.

HB 689. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend the Code relating to oysters, shrimp and prawn by removing the State taxes, and for other purposes.
The following Senate amendment was read:
Senator Cates of the 17th moves to amend Section 3 (2) of HB 689 by striking the word "paid" in line 13 and insert in lieu thereof the word "paint". And insert in line 15 of said section before the word "complied", the word "having".

Mr. Smith of Emanuel moved th:tt the House agree to the Senate amendment.
On the motion to agree, the ayes were 117, nays 0.
The Senate amendment to HB 689 was agreed to.
Under the regular order of business, the following bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 196. By Messrs. Williams of Bulloch and Lanier of Candler:
A Bill to be entitled an Act to provide for the regulation of tourist courts, and for other purposes.
The following Senate substitute was read:

A BILL
To be entitled an Act to define the term "tourist court"; to provide for the issuance and renewal of permits to operate "tourist courts"; to provide for the suspension or revocation of such permits; to provide for the right of appeal of such suspension or revocation; to provide for making and promulgating regulations setting reasonable standards for health, sanitation, and safety for "tourist courts" in order to pro-

THURSDAY, DECEMBER 10, 1953

1707

teet the public; to provide that the State Board of Health and the several County Boards of Health may enforce the provisions of this Act; to provide that the violation of any rule or regulation shall be a public nuisance per se and may be abated as a nuisance or enjoined in Court of Equity; to provide for a penalty for operating a tourist court without a permit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA .AS FOLLOWS:

SECTION 1
The term "tourist court" shall include tourist accommodations such as trailer camps, tourist camps, tourist cottages, tourist homes, motor hotels, and similar facilities by whatever name called consisting of two or more dwelling units, and any food, beverage, laundry, recreational or other establishments operated in connection therewith.

SECTION 2
On and after 90 days from the effective date of this Act, no person, firm or corporation shall operate a tourist .court without first obtaining a permit from. the State Board of Health or its agent. Said permit shall be valid for the calendar year for which it was issued and t;hereafter until renewed: Provided that all such permits shall be renewed before April 1st of the following year,

SECTION 3
The State Board of Health, or its duly authorized agent may issue permits to operate tourist courts and may suspend or revoke such permits where the health, sanitation and safety of the public requires such action: Provided, however, that when, in the judgment of the Board or its duly authorized agents, it is necessary and proper that such applieation for a permit be denied or that a permit previously granted be suspended or revoked the applicant or holder of the permit shall be notified thereof in writing and shall be afforded an opportunity to be heard as to the reasons, if any there be, why such action .should not be taken. In the event that such application is finally denied or such permit finally suspended or revoked the applicant or holder of the permit shall be notified thereof in writing, specifically stating any and all reasons why the application or permit has been suspended, revoke~, or denied.

SECTION 4
Any applicant or h'older of a permit who shall be aggrieved by any order of the Board or its duly authorized agent denying any such application or suspending or revoking such permit may appeal direct to the Superior Court of the county in which the tourist court in question is located for a judicial review of such action within thirty days from the date of notice thereof; Provided, however, that the enforcement of the order appealed from shall not be stayed until and unless so ordered and directed by the reviewing court.

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SECTION 5
The State Board of Health shall have the power to make and promulgate rules and regulations to insure the protection of the public health by setting reasonable standards for health, sanitation and safety of "tourist courts" as pertains to the location, drainage and maintenance of grounds; size, ventilation and maintenance of sleeping rooms, toilet and wash rooms, laundry rooms where provided, and rooms in which food is stored, prepared and/or served; installation and safety of all exposed electrical wiring and/or equipment; heating appliances, equipment and installation; water supply, plumbing fixtures and installations; sewage disposal; garbage and refuse disposal; storage, handling and serving of food when furnished or offered for sale; control of vermin, accident prevention; and the spacing of trailer coaches and lighting of trailer parks. County Boards of Health may adopt and promulgate additional rules and regulations not in conflict with those promulgated by the State Board of Health.
SECTION 6
The State and/or County Boards of Health and their duly authorized agents are hereby authorized and empowered to enforce compliance with the provisions of this Act and rules and regulations adopted and promulgated hereunder, and in connection therewith to enter upon and inspect the premises at any reasonable time and in a reasonable manner. In addition, County Board of Health and their duly authorized agents are hereby authorized and empowered to enforce compliance with the provisions of additional rules and regulations as adopted and promulgated by said Boards.
SECTION 7
It is further provided that the violation of this Act or any rules and regulations made and promulgated hereunder shall be subject to be abated or enjoined in a Court of Equity without the necessity of alleging and proving that an adequate remedy at law does not exist.
SECTION 8
Any person, firm, or corporation, operating a tourist court without a valid permit shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor.
SECTION 9
The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any Court of competent jurisdiction, the decision of such Court shall not affect or impair any of the remaining provisions.

SECTION 10 All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Lanier of Candler moved that the House agree to the Senate substitute.

THURSDAY, DECEMBER 10, 1953

1709

On the motion to agree, the ayes were 107, nays 1. The Senate substitute to H. B. 169 was agreed to.

HB 961. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to amend an Act relating to vehicle license plates, and for other purposes.
The following Senate substitute was read:

A BILL
To be entitled an Act to amend Section 68-214 of the 1933 Code of Georgia, as amended, especially as amended by an Act approved March 20, 1943 (Ga. Laws 1943, p. 314-343), relating to vehicle license plates, descriptions, transfers, duplicate fees and penalties for violation; so as to change the size of the metal license plates; to provide effective dates; to require the issuance of permits for out-of-state motor trucks; to provide for fees to be paid for such permits; to provide for a highway use tax on out-of-state motor trucks; to provide for reciprocal agreements; to provide for regulations by the State Revenue Commissioner; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

PART I.
Section 1.
Section 68-214 of the 1933 Code of Georgia as amended, especially as amended by an Act approved March 20, 1943 (Ga. Laws 1943, p. 314-343) relating to vehicle license plates, descriptions, transfers, duplicates, fees and penalties for violation, is hereby amended by striking the figures "5%" and "12%" from the third sentence of said section and inserting in lieu thereof the figures "6" and "12", so that said section when amended shall read as follows:
"Upon receipt of the application and the payment of the required fee, the State Revenue Commissioner shall file the application, register the vehicle, assign to it a distinctive serial number, and make the same a matter of record. The Commissioner shall furnish also without cost one metal number plate showing thereon the serial number designated to such vehicle. Number plates shall be of metal at least 6 inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, serial number and abbreviation of the name of the State, and such other distinctive markings as in 'the judgment of the Commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the number plates were issued. The said number plates may also bear such figures, characters, letters, or combinations thereof, as in the judgment of the Commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as 'The Peach State.' Duplicate number plates, when one of the originals has been lost, defaced, or destroyed, may be obtained from the Commissioner upon filing affidavit setting forth

1710

JOURNAL OF THE HOUSE,
the facts of such loss or destruction, and the payment of a fee of $1. A number, when issued, shall not be transferred from one vehicle to another, and shall not be used by any other person o:r upon any motor vehicle other than the one to which 'it is assigned, and any use of said number by any other person or persons in any manner not provided for in this law [shall be a violation of said law; Provided, however, that where a motor vehicle has been duly registered in the office of the State Revenue Commissioner, and the number assigned to said vehicle for the year, the owner of said motor vehicle to which said number has been assigned may, upon sale or exchange of said motor vehicle, transfer and assign the number assigned to said motor vehicle to the purchaser of said machine, by registering such transfer in the office of the. State Revenue Commissioner and by paying 50 cents, which shall accompany said transfer of registration, and upon said transfer the assignee of said number shall stand in the position of the original person in whose name such number is recorded.
"Any automobile operated in the State of Georgia after April 1, of that year, that does not have attached to the rear thereof a tag showing the payment of license for said year said motor vehicle shall be stored at the owner's risk and expense by any law enforcing officer of the State of Georgia; Provided that where the. owner of said vehicle does present to said officer evidence that a tag has been ordered, and the purchase price thereof sent to the State Revenue Commissioner, but that said tag has not been delivered to said owner, then said owner shall not be subject to the penalty aforesaid."
Section 2.
The effective date of Part I of this Act shall be January 1, 1955.
PART II.
Section 1.
Motor Truck permit, application fee. In addition to any other provision of law relating to registration of motor vehicles, or fees paid therefor, a person owning and/or operating a motor truck, as herein defined, upon the highways of the State, which is not registered in this Stalle, shall apply to the State Revenue Commissioner for a highway use permit, for each such motor truck to be so operated. Application shall be made upon a form prescribed by such commissioner and shall set forth such information as the commissioner may require. The application shall be accompanied by a permit fee of $10.00 for each motor truck listed in the application. The commissioner shall issue a permit and an identification tag, plate or sticker for each such motor truck, which tag, plate or sticker shall be of such size and design and contain such information as the commissioner shall prescribe. Any such permit and tag, plate or sticker shall be valid for the same period of time as provided by law for license tags issued to motor vehicles in Georgia. Such permits shall be carried in the motor truck and the tag, plate or ticket shall be affixed to said motor truck and at all times be visible and legible.

THURSDAY, DECEMBER 10, 1953

1711

Section 2.
Additional tax, fee or toll. In addition to the permit fee herein provided, a person operating a motor truck on the highways of this State, which truck is registered in a state or province which imposes upon motor trucks registered in this, State a tax, fee or toll for the privilege of operating such truck upon the highways of such state or province, which is in addition to any tax, fee or toll imposed upon gasoline or other motor fuel purchased within such state or province, or registration fee, shall pay a fee of $10.00 for each round trip into this State in lieu of a tax computed and applied in the same manner as the tax, fee or toll of such other state or province so long as such tax, fee or toll imposed by such other state or province shall remain in force.

Section 3.
The State Revenue Commissioner shall collect the taxes and fees imposed by this part of this Act and he is authorized to make such rules and regulations and prescribe such forms as are necessary to carry out the provisions of this part of this Act.

Section 4.
The Reciprocal Commission of Georgia is authorized to enter into reciprocal agreements with appropriate officials of any other state or province under which such commission may waive all or any part of the tax, fee or toll herein imposed upon a similar waiver by such other state or province.

Section 5.
Definition: motor truck. As used in this Act, the words "motor truck" shall include any motor vehicle having a gross weight of 18,000 pounds or over, designed and used for the transportation of merchandise or freight.

Section 6.
Penalties. It shall be unlawful for any person:
A. to operate a motor truck subject to the provisions of this act upon any public highway in the State without first obtaining the permit required under Section 1 of this Act; or
B. To violate any regulation issued by the commissioner pursuant to the authority granted hereunder; or
C. to fail to file any return or report required by said commissioner; or
D. to make a false return or fail to keep records of operations as may be required by the commissioner. Any person who violates any provision of this section, upon first conviction shall be punishable by a fine of not less than $100.00 or more than $250.00; and upon a second or subsequent conviction, by a fine of not less than $250.00 or more than $500.00, or by imprisonment for not more than thirty days, or both.

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JOURNAL OF THE HOUSE,

Section 7. The effective date of Part II of this Act shall be January 1, 1954.

PART III.
Section 1.
If any part of section of this Act shall be declared unconstitutional by any court of competent jurisdiction, such ruling shall not affect the validity of the remaining parts, sections or portions of the Act, it being the legislative intent to enact each part and each section hereof separately.

Section 2.
All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Jones of Lumpkin moved that the House agree to the Senate substitute.
On the motion to agree, the. ayes were 118, nays 0.
The Senate substitute to HB 961 was agreed to.
The following bill of the House was taken up for the purpose of considering the report of the Committee on Conference thereon:

HB 354. By Messrs. Ray of Warren, Lavender of Elbert, and others:
A Bill to be entitled an Act to prescribe rates for taxation of certain property heretofore classified as intangible property, and for other purposes.
The following report of the Committee on Conference was read:
Mr. President:
Mr. Speaker:
Your Committee on conference to House Bill 354 have agreed and submit the following report:
That the House recede from its position and accept Senate Amendment numbers 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14.
That the Senate recede from its position in the adoption of Senate Amendment No. 4 and accept the provision in the House Bill that both the House and Senate agrees to strike Part I, Section 2, Paragraph b, second line the number "50 cents" and insert in lieu thereof the number "25 cents."
Respectfully submitted on the part of the House.
Ray of Warren Key of Jasper Campbell of Oconee
Respectfully submitted on the part of the Senate. Hawes of 29th Griffith of 28th Millican of 52nd

THURSDAY, DECEMBER 10, 1953

1713

Mr. Twitty of Mitchell moved that the House agree to the report of the Committee on Conference.
On the motion to agree, Mr. Lokey of Fulton moved the ayes and nays and the call was not sustained.
On the motion to agree, the ayes were 103, nays 25.
The report of the Committee on Conference on HB 354 was agreed to.
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:

HR 248. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A resolution authorizing the State Highway Department of Georgia to convey to Fulton County a political subdivision of the State of Georgia; and for other purposes.

HB 747. By Messrs. Denton of Paulding, Murphy of Haralson, Fowler .of Douglas, Cornelius and Dunaway of Polk:
A bill to provide for the creation of the office of Superior Court Reporter Emeritus; /and for other purposes.

HB 851. By Messrs. Gowen and Nightingale of Glynn and Foster of Clayton:
A bill to amend an Act relating to counties to which the Real Estate Law is applicable, so as to make its provisions state-wide and to provide that certain persons may obtain a license without an examination; and for otQer purposes.

HB 962. By Messrs. Tallant of Cherokee, Smith of Cobb and Upshaw of Bartow:
A bill to provide for disbursement of money received by the State of Georgia from the United States of America from leasing of lands in the Allatoona Reservoir( Basin; and for other purposes.

HB 967. By Messrs. Harris, McKenna and Groover o Bibb:
A bill to amend an Act to reenact the charter of the City of Macon; and for other purposes.

HB 993. By Messrs. Bentley and Smith of Cobb:
A bill to amend an Act creating the Cobb County Planning Commission; and for other purposes.

HB 996. By Messrs. Bentley and Smith of Cobb:
A bill to amend an Act creating a Commissioner of Roads and Revenues for Cobb County and an Advisory Board; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 997. By Messrs. Bentley and Smith of Cobb:
A bill to amend an Act creating the Cobb County Planning Commission; and for other purposes.

HB 1013. By Messrs. Bentley and Smith of Cobb:
A bill to amend an Act creating a Commissioner of Roads and Revenues for Cobb County; and for other purposes.

HB 1017. By Messrs. Campbell and Coker of Walker:
A bill to amend the charter of the City of Rossville, creating the office of Tax Assessor for said City; and for other purposes.

HB 1018. By Mr. Hamilton of Appling:
A bill to amend an Act establishing the City Court of Baxley; and for other purposes.

HB 1024. By Messrs. Groover, Harris and McKenna of Bibb:
A bill to provide a pension and retirement plan and fund for certain employees and officers of the Macon Board of Water Commissioners, an instrumentality of the City of Macon; and for other purposes.

HB 1030. By Messrs. Bell, Holley and Graham of Richmond:
A bill to amend an Act to provide a permanent county employees pension fund for permanent employees of the Board of Commissioners of Roads and Revenues of Richmond County; and for other purposes.
HB 1033. By Mr. Deen of Bacon:
A bill to provide additional compensation for the Sheriff of Bacon County; to repeal conflicting laws; and for other purposes.
HR 302. By Messrs. Willis and Chastain of Thomas:
A resolution proposing an amendment to the Constitution 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 Thomasville and the existing School District of Thomas County, and for other purposes.
HR 312. By Messrs, Sipple and Cheatham of Chatham:
A resolution proposing to the qualified voters of Chatham County an amendment to that portion of paragraph IV, Section I of Article VII of the Constitution of the State of Georgia which relates to exemption from ad valorem taxation for State, County and School purposes; and for other purposes.
HR 315. By Mr. Cowart of Stewart:
A resolution proposing an amendment to the Constitution relating to education, so as to provide the procedure for consolidation of schools in Stewart County; and for other purposes.

THURSDAY, DECEMBER 10, 1953

1715

HB 1039. By Mr. Lokey of Fulton:
A bill to consolidate Acts incorporating the City of East Point and creating a new charter for said City; and for other purposes.

HB 1040. By Mr. Lokey of Fulton:
A bill to amend an Act consolidating 1Acts incorporating the City of East Point and creating a new charter for said City; and for other purposes.

HB 1042. By Mr. Hall of Floyd:
A bill to amend an Act establishing a retirement .system for certain teachers in the public and State-supported Schools, approved March 19, 1943 (Ga. Laws 1943, p. 640) as amended, so as to;make provisions for teachers who are over age; and for other purposes.
HB 1043. By Mr. Lokey of Fulton:
A bill to amend an Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7, of Article 6 of the Constitution relating to the abolition of Justice Courts and the office of Justice of the Peace and Notary Public Ex-Officio Justice of the Peace, etc.; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate agrees to the House amendment to the following bills of the Senate:

SB 169. By Senator Hawes of the 29th and others:
A bill to amend Code Section 13-2017 so as to authorize banks to lend not more than 30% of its capital and surplus on stock of any corporation; and for other purposes.

SB 197. By Senator Ramsey of the 12th:
A Bill to amend the charter of the City of Savannah authorizing the Mayor and Aldermen to sell certain parts of St. Julian Street to owners of property abutting said street; and for other purposes.

By unanimous consent, the following bill of the House was withdrawn from further consideration:

HB 965. By Messrs. Groover, Harris, and McKenna of Bibb.
A bill to be entitled an Act to require all candidates for election to public office in the City of Macon to qualify for a specific seat, and for other purposes.
By unanimous consent, the following bill of the Senate was taken from the table:

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JOURNAL OF THE HOUSE,

SB 208. By Senator Carlisle of the 51st:

A Bill to be entitled an Act to extend the time within which bills of

exception shall be tendered to the presiding judge, and for other pur-

poses.

!

Under the regular order of business, the following resolution of the Senate was taken up for consideration and read the third time:

SR 23. By Senator Carlisle of the 51st:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VII, Section II, of the 1945 Constitution of Georgia authorizing taxation for the purpose of paying pensions to firemen; to provide for an assistant to collect such taxes; to provide for the disbursement of said pensions from such system; 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. Article VII, Section II, of the 1945 Constitution of Georgia is hereby amended by adding at the end thereof a new paragraph, to be known as paragraph 5, which shall read as follows:
"5. The powers of taxation may be exercised by the State through the General Assembly, and the counties and municipalities, for the purpose of paying pensions and other benefits and costs under a firemen's pension system or systems. The taxes so levied may be collected by such firemen's pension system or systems and disbursed therefrom by authority of the General Assembly for the purposes herein authorized."
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 branches 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 proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors, as provided for in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VII, Section II, of the 1945 Constitution of Georgia, so as to provide that taxation may be exercised for the purpose of paying pensions under a firemen's pension system."
"Against ratification of amendment to Article VII, Section II,
of the 1945 Constitution of Georgia, so as to provide that taxation
may be exercised for the purpose of paying pensions under a firemen's pension system."

THURSDAY, DECEMBER 10, 1953

1717

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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 result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Ayers
Barber of Jackson Baughman Bentley Best Birdsong Black
Blackburn Blalock Bloodworth Boggus
Bolton Brannen Bray .Britton Brooks Buie Byrd
Callier Campbell of Oconee Campbell of Walker Carswell Chastain Cheatham Clark Clary Cloud Coker Connell Coogle Cowart Cummings Dean of Towns Deen of Bacon

Dews Dunaway Duncan Edwards Floyd Flynt Foster Fowler Freeman Frier Gardner Garrard Gilder Gillis Goodson Gowen Graham
Green of Baldwin Green of Rabun Greene of Crisp Greer Grimsley
Groover of Bibb Groover of Troup Gunter Hall Hamilton Harper Harrell Harris
Harrison of Jenkins Hayes
Henderson Hicks Hodges Holley

Hollis Holton Horne Huddleston Hughes Ingle Jackson Jessup Johnson Jones of Lumpkin Jordan of Gwinnett Kemp Key King
Land Lanier Layton Lewis Lifsey
Little Lovett McCracken McKenna McWhorter Martin Matheson Matthews Mauldin Mincey Moate Moore of Pickens Moore of White Mull Murphey of Crawford :Murphy of Haralson
Murr

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JOURNAL OF THE HOUSE,

l.VIusgrove
Nelson Nightingale Parker
Peacock Perkins Phillips of Walton Pickard Potts Raulerson Register Rowland Rutland Scoggin Short

Sipple of Chatham Sivell Smith of Cobb Stephens of Clarke Stevens of Marion Stocks Tamplin Tarbutton Tarpley
Terrell Trapnell
Tumlin Turk Turner Twitty

Upshaw Ursrey Veal Walker Wardlow Weems White Whitener Wiggins
Williams of Bulloch Williams of Franklin Williams of Tift Willingham Wooten Young

By unanimous 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 two-thirds constitutional majority, was adopted.

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.

AFTERNOON SESSION
The Speaker called the House to order.
Under the regular order of business, the following resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:

HR 290-916e. By Messrs. Adams and Brantley of Upson:
A Resolution authorizing the furnishing of law books to the Ordinary of Upson County, and for other purposes.
The following Senate ame~dment was read:
The Committee of the Senate on General Judiciary moves to amend HR 290-916e by adding at the end thereof the following words: "Provided said funds are available from .funds appropriated for that purpose".

Mr. Brantley of Upson moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HR 290-916e was agreed to.
HR 265-843k. By Messrs. Harris, McKenna, and Groover of Bibb:
A Resolution proposing a constitutional amendment authorizing the County of Bibb to enforce building, construction, electrical, and plumbing rules, and for other purposes.

THURSDAY, DECEMBER 10, 1953

1719

The following Senate amendment was read:
The Committee of the Senate on Amendments to the Constitution moves to amend HR 265-843k by striking from the caption the language, "The City of Macon" and substituting in lieu ,thereof the language, "any incorporated municipality in said County"; and by striking the last four words of Paragraph 1 of Section 1 which are, "the City of Macon" and by substituting in lieu thereof, the words, "any incorporated municipality in said County".
Mr. Harris of Bibb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HR 265-843k was agreed to.
HR 300-935c. By Messrs. Bell, Holley, and Graham of Richmond:
A Resolution proposing a constitutional amendment authorizing the Board of Commissioners of Richmond County to set license fees for businesses, and for other purposes.
The following Senate amendment was read:
Senator Kelly of the 18th moves to amend HR 300-935c in the following particulars:
1. By amending Section 1 by inserting a comma following the word "enterprises" in the tenth line of the proposed amendment to Art. 7, Sec. 4, Par. 1 of the Constitution, and by inserting immediately thereafter the following: "which are not subject to regulation by the State Public Commission,"; and also by striking the words "outside the incorporated area of Richmond County" appearing in the eleventh line of said Section 1.
2. By striking the word "regulate" appearing in .the eleventh line of the caption of said act and inserting in lieu thereof the word "license."
3. By striking the word "regulation" appearing in the fourteenth line of the captain of said act and inserting in lieu thereof the words "license regulation."
4. By striking the word "regulate" appearing in the thirteenth line of Section I of said act and inserting in lieu thereof the word "license" and by adding the word "license" after the word "any" and before the word "regulation" appearing in the seventeenth line of Section I of said act.
Mr. Bell of Richmond moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HR 300-935c was agreed to.
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:

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JOURNAL OF THE HOUSE,

HB 877. By Mr. Barber of Colquitt:
A Bill to authorize the payment of medical and similar expenses incurred by members of the Georgia State Patrol and the Bureau of Investigations as result of injuries received in line of duty, and for other purposes.

HB 488. By Mr. Hollis of Muscogee:
A Bill to provide for the presentation of applications for admission to the bar of the State of Georgia, apd for other purposes.

HB 845. By Messrs. Bell of Richmond and Bodenhamer of Tift:
A bill to amend an Act relating to any person who, by himself or another, shall furnish or cause to be furnished, or permit any other person in his employ to furnish any minor spirituous or intoxication or malt liquors, etc.,; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to House Amendment to the Senate substitute to the following bill of the House:

HB 299. By Messrs. Willingham, Smith and Bentley of Cobb and others:
A bill to require payment of all ad valorem taxes on Motor Vehicles before application for license tags are granted, and for other purposes.

The following bill of the House was taken up for the purpose of considering the Senate's disagreement to the House amendment to the Senate substitute to the following bill of the House:

HB 299. By Messrs. Willingham, Smith and Bentley of Cobb and others:
A Bill to be entitled an Act to require payment of all ad valorem taxes on motor vehicles before application for license tags are granted, and for other purposes.

Mr. Smith of Emanuel moved that the House insist on its position with regard to the House amendment to the Senate substitute to HB 299, and the motion prevailed.
The following resolution of the House was read and adopted:

HR 359. By Messrs. Lokey of Fulton, Gowen of Glynn and Gardner of Dougherty:

A RESOLUTION
It having been suggested that a "loan shark" racket exists in certain sections of this State and that legislation may be necessary to cure such evil if it in fact exist; it is therefore
RESOLVED by the House of Representatives, the Senate con-

THURSDAY, DECEMBER 10, 1953

1721

curring, that a Commission to be composed of five members, one to be appointed by the Speaker of the House, from the membership of the House of Representatives, one to be appointed by the President of the Senate from the membership of the Senate, one to be named by the President of the Georgia Bar Association, and two to be named by the Governor, be constituted to investigate the small loan business and to make recommendations to the next General Assembly looking to the correction of any evils found to exist.
BE IT FURTHER RESOLVED that the legislative members of the Commission be paid their regular per diem and expenses for the time actually engaged in attending the Commission, and that the other members receive their actual expenses, all to be paid from the appropriation. for the General Assembly.

Under the. regular order of business, the following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 877. By Mr. Barber of Colquitt:
A Bill to be entitlep an Act to authorize the payment of medical expenses incurred by members of the Georgia State Patrol as a result of injuries received in the line of duty, and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB # 877 as follows:
(1) By amending the title thereof and by inserting immediately before the phrase "to repeal conflicting laws" the following: "to amend Section 114-505 of the Code of Georgia relating to medical, surgical and hospital expenses allowable in Workmen's Compensation award, so as to increase the amount for such services from a maximum of $750.00 to a maximum of $1100.00."
(2) By adding to said bill a new section to be known as Section 2 and which shall read as follows:
"Section 2. Section 114-501 of the Code relating to awards in workmen's compensation cases and for hospital treatment as amended by an Act approved March 25, 1937 (Ga. Laws 1937, pp. 230, 233) and an Act approved March 30, 1937 (Ga. Laws 1937, pp. 528, 532) and an Act approved February 8, 1943 (Ga. Laws 1943, p. 167) and an Act approved February 25, 1949 (Ga. Laws 1949, pp. 1357, 1359) is hereby. amended by striking said section in its entirety and substituting in lieu thereof a new section to be known as Section 114-501 which shall read as follows:
"Medical, surgical, hospital, and other treatment, in amount not to exceed $500, including medical and surgical supplies as may reasonably be required, for the period of not exceeding 10 weeks from date of injury to effect a cure or give relief and for such additional time, and for such additional amount not exceeding $600.00 additional, as in the judgment of the Board will tend to lessen the period of disability, and in addition thereto such original artificial members as may be reasonably necessary at the end of the healing period shall be provided by the employer. In case of a controversy arising between the employer and the employee relative to the continuance of medical, surgical, hos-

1722

JOURNAL OF THE HOUSE,

pita! or other treatment, the Industrial Board may order such further treatments as may in the discretion of the Board be necessary, within the limits of time and amount as set forth above.
The Board may at any time upon request of an employee order a change of physician or treatment and designate other treatment or another physician as suggested by the injured employee subject to the approval of the Board, and in such a case the expense thereof shall be borne by the employer upon the same terms and conditions as hereinbefore provided in this section for medical and surgical treatment and attendance.
The refusal of the employee .to accept any medical, hospital, surgical or other treatment when ordered by the Industrial Board shall bar said employee from further compensation until such refusal ceases, and no compensation shall at any time be paid for the period of suspension unless in the opinion of the Industrial Board the circumstances justify the refusal, in which case, the Industrial Board may order a change in the medical or hospital service.
If in an emergency on account of the employer's failure to provide the medical or other care as herein specified a physician other than provided by the employer is called to treat the injured employee, the reasonable cost of such service, within the limits of time and amount set forth above, shall be paid by the employer if so ordered by the Industrial Board."
(3) By renumbering the repealer clause presently referred to as Section 2 as Section 3.

Mr. Twitty of Mitchell moved that the House disagree to the Senate amendment and the motion prevailed.
The Senate amendment to HB 877 was disagreed to.
The following resolution of the House was read and lost:

HR 360. By Messrs. Hall of Floyd and Lovett of Laurens:
A Resolution providing for the appointment of a committee to study the Georgia educational system, and for other purposes.
Under the regular order of business, the following resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

HR 146-515c. By Mr. Willingham of Cobb:
A Resolution compensating Mr. E. S. McKinney for damages, and for other purposes.
The following Senate amendment was read:
The Senate Appropriations Committee moves to amend House Resolution No. 146-515c as follows:
By inserting the words "to compensate Mr. Lamar Jamarson for personal injuries" before the words "and for other purposes" in the Caption of said Resolution.
AND by inserting at the end of said Resolution the following:

THURSDAY, DECEMBER 10, 1953

1723

"WHEREAS, on July 10, 1926, Mr. Lamar Jamarson was an enlisted man in the Georgia National Guard and was a member of the loading detail which was loading supplies and equipment for the Army on Courtland Street in Atlanta, Georgia, to a railroad train in preparation for tavel to the annual summer training encampment at Tybee Island, Georgia; and
Whereas, during the process of such loading, he was severely injured and has since that time been almost a total invalid; and
WHEREAS, he has received no compensation for such injuries;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the Department of Public Defense is hereby ordered and directed to pay to Mr. Lamar Jamarson the sum of Four Thousand ($4,000.00) Dollars as compensation for injuries received as set out above. Said sum shall be paid from the funds appropriated to or available to said Department."

Mr. Willingham of Cobb moved that the House disagree to the Senate amendment and the motion prevailed.
The Senate amendment to HR 146-515c was disagreed to.
The following resolution of the House was read and lost:

HR 361. By Mr. Stephens of Clarke:
A Resolution providing for the appointment of a committee to study the laws relating to the Teachers' Retirement System, and for other purposes.

Under the regular order of business, the following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 845. By Messrs. Bell of Richmond and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act so as to change the penalty for furnishing liquor to minors, and for other purposes.
The following Senate amendment was read:
Senate Temperance Committee amends House Bill 845, Code Section 58-612, by inserting the word ''knowingly" after the word "who" and before "by", and when said section is amended shall read as follows:
"58-612. Furnishing liquor to minors--Any person who knowingly, by himself or another, shall furnish or cause to be furnished, or permit any other person in his employ to furnish any minor spirituous or intoxicating or malt liquors, without first obtaining written authority from the parent or guardian of said minor, shall be guilty of a felony and shall be punished by confinement and labor in the penitentiary for not less than one year nor more than five years."

SECTION 2 All laws and parts of laws in conflict herewith are hereby repealed.

1724

JOURNAL OF THE HOUSE,

Mr. Bell of Richmond moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 108, nays 0. The Senate amendment to HB 845 was agreed to. The following resolution of the House was read:

HR 362. By Messrs. Campbell of Oconee, Tamplin of Morgan and others:
A Resolution providing a committee to investigate the laws relating to the production and distribution of milk, and for other purposes.

On the adoption of the resolution, the ayes were 58, nays 61. The resolution was lost. The following resolution of the House was read and adopted:

HR 363. By Mr. Boggus of Ben Hill:
A Resolution honoring Mrs. Nellie M. Stocks, Representative from Lee County, and for other purposes.

Under the regular order of business, the following resolution of the House was again taken up for consideration:

HR 309-985d. By Messrs. Parker and Green of Baldwin:
A Resolution providing a joint committee to study juvenile delinquency and the training school system, and for other purposes.

The following substitute, offered by Messrs. Parker and Green of Baldwin and Groover of Bibb, was read and adopted:

A RESOLUTION
To appoint a committee of the House of Representatives to study Juvenile Delinquency and the training school system, and for other purposes.
WHEREAS, juvenile delinquency is on the increase in the entire nation, and it is for the best interest of this State that it not be allowed to attain a secure foothold in Georgia; and
WHEREAS, the Georgia Training School System should be studied with a view towards every conceivable improvement;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that a committee of six from the House to be appointed by the Speaker be established to make a study of juvenile delinquency and the Georgia Training School System, and methods of combating and controlling delinquency and report back to the next session of the General Assembly, whether regular or special, with recommendations relating thereto and recommendations as to the advisability of establishing a permanent board to deal wjth problems relating to juvenile delinquents.

THURSDAY, DECEMBER 10, 1953

1725

. BE IT FURTHER RESOLVED, that no travel outside the State of Georgia, by said committee, is authorized by this resolution.
BE IT FURTHER RESOLVED, that said committee shall not conduct said study for more than fifteen days.

On the adoption of the resolution, by substitute, the ayes were 61, nays 54.
The resolution was adopted, by substitute.
Under the regular order of business, the following bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1035. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to create a traffic court for the City of Atlanta, and for other purposes.
The following Senate substitute was read:
SENATOR MILLICAN of the 52nd moves to amend House Bill No. 1035 by striking same in its entirety with the exception of the affidavit of the publisher and the copy of the advertisement and substituting in lieu thereof the attached bill.

A BILL
TO BE ENTITLED AN ACT TO CREATE A TRAFFIC COURT FOR THE CITY OF ATLANTA PURSUANT TO ARTICLE VI, SECTION I, PARAGRAPH I OF THE CONSTITUTION OF GEORGIA OF 1945 GIVING TO SAID COURT JURISDICTION TO TRY OFFENSES AGAINST THE TRAFFIC LAWS OF THIS STATE COMMITTED WITHIN THE TERRITORIAL JURISDICTION OF THE CITY OF ATLANTA IN FULTON COUNTY; TO PROVIDE FOR THE APPOINTMENT, TERM OF OFFICE, AND COMPENSATION FOR THE JUDGES, CLERKS AND OTHER ADMINISTRATIVE OFFICERS AND TO PROVIDE QUARTERS; TO ESTABLISH SUITABLE RULES AND REGULATIONS FOR THE OPERATION OF SUCH COURT; TO PROVIDE FOR THE PAYMENT OF COST AND DISPOSITION OF FINES AND FORFEITURES AND ALL OTHER MATTERS INCIDENTAL TO SUCH COURT; TO WITHDRAW FROM THE CRIMINAL COURT OF ATLANTA, ESTABLISHED PURSUANT TO THE ACT OF THE GENERAL ASSEMBLY APPROVED SEPTEMBER 6, 1891 (GA. LAWS 1890-1891, PP. 935, ET. SEQ.) AS AMENDED, JURISDICTION OF THE CRIMINAL OFFENSES HEREIN MADE SUBJECT TO THE JURISDICTION OF THE TRAFFIC COURT OF ATLANTA; 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. 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 194.5 relating to publication of notice .of intention

1726

JOURNAL OF THE HOUSE,
to apply for the passage of this local legislation have been complied with for the enactment of this law.
SECTION 2. That pursuant to Article VI, Section I, Paragraph I of the Constitution of Georgia of 1945, there is hereby established in the City of Atlanta and in Fulton County a court to be known as the Traffic Court of Atlanta. Said court shall have jurisdiction over that portion of the City of Atlanta located in Fulton County of the following matters, to-wit: all crimes and offenses under the laws of the State of Georgia relating to and regulating traffic not above the grade of misdemeanor and which are not exclusively cognizable in the Superio!'l Courts thereof.
SECTION 3. The Mayor shall appoint, subject to the approval of the Board of Aldermen, a Chief Judge and such number of associate judges as may be necessary to conduct the business of said court. The number of associate judges necessary for the conduct of the business of the court shall be determined by the Mayor and Board of Aldermen of the City of Atlanta from time to time. The Chief Judge and associate judges so appointed shall hold office for four years or until their successors are duly and legally appointed and qualified, unless sooner removed from office under the. applicable provisions of law. The Chief Judge and associate judges shall be attorneys at law and shall otherwise be qualified as to age and citizenship as members of the House of Representatives of the General Assembly. Such judges shall not be permitted to practice law in any of the courts of this State or of the United States during their continuance in office.
SECTION 4. Before entering upon their duties as such, the Chief Judge and the associate judges and other officers of the court shall take and subscribe an oath faithfully and impartially to discharge the duties of their office to the best of their abilities and understanding agreeably to the Constitution of the State of Georgia and the Constitution of the United States and shall take and subscribe to such other and further oaths as may be required by the general laws of the State of Georgia and applicable to the position of judge of the Superior Court. The oath shall be forwarded to the Chief Executive of the City of Atlanta and filed by him in the Executive Department.
SECTION 5. The Chief Judge and associate judges shall have power and authority to suspend or revoke licenses for the operation of motor vehicles in conformity with general laws of the State applicable thereto.
SECTION 6. The Chief Judge and associate judges of said courb shall be competent to sit and act as judges of the Municipal Court of Atlanta in the trial of traffic offenses under the ordinances of the City of Atlanta and, when so sitting, shall have all the powers, duties and responsibilities of judges of that court.
SECTION 7. The salary of the Chief Judge shall be $10,000.00 per
annum and the salaries of the associate judges shall be $8,000.00 per annum, payable monthly or semi-monthly by the City of Atlanta.
SECTION 8. Said court shall hold monthly terms to be designated by the name of the month on which each term begins and said court
shall also hold such adjourned terms as the Chief Judge, in his discretion,
may designate. Two or more sessions of the court may be held at the

THURSDAY, DECEMBER 10, 1953

1727

same time, and said court may be divided into such divisions as the Chief Judge shall determine.
SECTION 9. It shall be the duty of the City of Atlanta to provide suitable and adequate court rooms and offices for the use of said court in the transaction of any business and the trial of any cases that may come before it.
SECTION 10. Said court, as a court of record, is empowered to compel the production of books, papers and other evidence, in the possession of any party; to enforce obedience to its orders and processes, including the process of attachment for contempt, and to have all other powers necessary to carry into effect its orders, judgments and sentences which are incidental to courts. The general law of the state in regard to witnesses and their attendance, subpoenas, and all other laws pertaining to the procedure, practice and power of the Superior Courts of this state, in so far as applicable to said court are hereby conferred upon the Traffic Court of Atlanta, including the power to punish for contempts, and to forfeit bonds. The Chief Judge and the associate judges and all other officers of said court shall have power to administer all oaths pertaining to their respective offices as fully as the judge and corresponding officers of the Superior Courts are authorized to do. Said Chief Judge and associate judges are empowered to take affidavits and to test other papers in like manner as the same may be taken and attested by any judge or justice of the peace of this State.
SECTION 11. All the duties and liabilities attached to clerks of
the superior court and other officers of said superior courts shall in like
manner attach to the officers of said court; and the Chief Judge and
the associate judges of said Traffic Court of Atlanta shall have equal
authority over said officials with the judges of the Superior Courts of
the State.
SECTION 12. Criminal prosecutions in the Traffic Court of Atlanta may be instituted by written information or accusation, plainly and distinctly setting forth the offense charged. Said accusations may be signed by the City Attorney or any of his associates or assistants or by the Chief of Police or any member of said Police Department of the City of Atlanta. The Chief Judge or the associate judges of said court may, upon affidavit being made that a crime has been committed, involving the traffic laws or regulations of this State, issue a warrant for the arrest of such party. The Chief Judge and associate judges. shall have the power to commit or bind over any person brought before them in accordance with the general laws of this State relating to committal courts. They shall likewise have the power to fix bonds as provided by the general laws of this State with respect to superior court judges.
SECTION 13. The said Chief Judge or associate judges shall have power in vacation or in open court or at chambers to accept pleas of guilty and pass sentences on those pleading guilty. The proceedings after information or accusation, shall conform to the rules governing like proceedings in the superior courts except that the jury in said court shall consist of five to be stricken alternately by the defendant and the State from a panel of nine. The defendant shall be entitled to two strikes and the State two and the five remaining jurors shall compose the jury.

1728

JOURNAL OF THE HOUSE,
SECTION 14. All persons residing in the City of Atlanta in Fultoh County and on the jury list of Fulton County and liable to serve as jurors in Fulton Superior Courts shall be competent and compellable to serve as jurors in the said Traffic Court of Atlanta. The judges of said Traffic Court of Atlanta shall proceed in selecting, drawing and summoning jurors in like manner as jurors as selected, drawn and summoned in the superior courts, and shall be furnished with box and names therein just as judges of the superior courts; and the penalties and other proceedings to punish for non-attendance of jurors or contempts committed by them shall conform to the general law governing like proceedings in the superior courts, and the oaths to be administered t() jurors and witnesses in said Traffic Court of Atlanta shall be the same as now administered in like cases to juries and witnesses in the superiorcourt. All general laws of the State in reference to the qualification, selection, drawing, summoning, length of service, impanelling and challenging petit jurors now in force are hereafter enacted with respect to such procedure in the superior courts shall be made applicable to the Traffic Court of Atlanta.
SECTION 15. The verdicts, judgments and sentences of the Traffic Court of Atlanta shall be subject to review by writ of certiorari in the superior court of Fulton County under the general laws of this state, providing for writs of certiorari in criminal cases.
SECTION 16. The Chief of Police and the regularly elected and qualified officers and patrolmen of the Police Department shall be constables of said court. so as to authorize them to serve all processes and orders of said court to them directed; but the Chief Judge of said court, with the approval of the Chief of Police, is hereby empowered to select a sufficient number of policemen of said city as special bailiffs of said court, who shall remain bailiffs as aforesaid until removed by the Chief Judge of said court or the Chief of Police. Nothing in said detail shall interfere with their status as regular members of the Atlanta Police Department. It shall be the duty of the special bailiffs to attend all sittings of said court subject to the order of the Chief Judge or the associate judges thereof and they shall receive such compensation as may be fixed by the Mayor and Board of Aldermen of the City of Atlanta.
SECTION 17. All monies arising from fines or forfeitures imposed for the violation of the penal laws of this State and collected in said court shall be paid into the treasury of the City of Atlanta. The City of Atlanta is required to appropriate and pay all expenses of the operation of said court.
SECTION 18. It shall be the duty of the City Attorney or such of his assistants or associates as he may designate to act as Solicitor of said court and to prosecute, when required, any person charged with offenses cognizable by said Traffic Court of Atlanta.
SECTION 19. There shall be a clerk of said Traffic Court of the City of Atlanta, whose powers and duties shall be similar to those vested in the clerk of the superior court of Fulton County. He shall b9 aopointed by the Mayor with the approval of the Board of Aldermen for a term of four years and shall receive such salary or compensation as may be fixed by the governing authorities of the City of Atlanta. In addition to his other duties, said clerk shall be responsible for all monies collected in said court and shall give bond, payable to the City of At-

THURSDAY, DECEMBER 10, 1953

1729

lanta, in such sum as the governing authorities of the City may determine.
1 SECTION 20. It shall be the duty of the Mayor and Board of Alder-' men of the City of Atlanta to provide any and all necessary clerical and other employees for the operation of said court.
SECTION 21. Jurisdiction given the Criminal Court of Atlanta (now the Criminal Court of Fulton County) by the Act of September 6, 1891 (Ga. Laws 1890-1891, pp. 935, et seq.), as amended, to try offenses against the laws of the State, lawfully made subject to the jurisdiction of the Traffic Court of Atlanta by this act, is hereby withdrawn from the said Criminal Court of Atlanta (now Criminal Court of Fulton County) and vested in the Traffic Court of Atlanta.
SECTION 22. If any part or parts of this act shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this act. The legislature hereby declares that it would have passed the remaining parts of this act if it had known that such part or parts thereof would be declared unconstitutional.
SECTION 23. This act shall take effect from and after July 1, 1954.
SECTION 24. All laws and parts of laws in conflict herewith are hereby repealed.

Mr. M. Smith of Fulton moved that the House agree to the Senate substitute. On the motion to agree, the ayes were 103, nays 0.
The Senate substitute to HB 1035 was agreed to.
Under the regular order of business, the following bill of the Senate was again taken up for consideration:

SB 208. By Senator Carlisle of the 51st:
A Bill to be entitled an Act to extend the time within which bills of exception shall be tendered to the presiding 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The Speaker appointed as a Committee on Conference on the part of the House on HB 299, the bill requiring evidence of payment of taxes before issuanc~ of vehicle license plates, the following members of the House: Mr. Willingham of Cobb, Mr. Groover of Bibb and Mr. Graham of Richmond.
Under the regular order of business, the following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 488. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to provide for the presentation of applications for admission to the bar of the State, and for other purposes.

1730

JOURNAL OF THE HOUSE,

The following Senate amendment was read:
Senator Parker of the 38th moves to amend HB 488 by striking from line six of Section 1 of the printed copy the words "twelve'months" and substituting therefor the words "ninety days".

Mr. Hollis of Muscogee moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 106, nays 0.
The Senate amendment to HB 488 was agreed to.
The Speaker appointed as a Committee on Conference on the part of the House on HB 877, the bill authorizing payment of medical expenses of members of the Georgia State Patrol for injuries received in the line of duty, the following members of the House: Messrs. Barber of Colquitt, Wiggins of Stephens and Smith of Cobb.
Under the regular order of business the following bills of the Senate were taken up for consideration and read the third time :

SB 152. By Senators Dean of the 34th, Hall of the 15th and others:
A Bill to be entitled an Act to amend the Code relating to confidential communications, and for other purposes.

Mr. Matthews of Clarke moved the previous question and the motion prevailed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 76.
The bill, having failed to receive the requisite constitutional majority, was lost.

SB 231. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Income Tax Laws so as to provide that the taxpayer need not be requested to comply with the Income Tax Laws, and for other purposes.

Mr. Harrison of Jenkins moved that further consideration of SB 231 be postponed indefinitely.
On the motion to postpone, the ayes were 38, nays 66.
The motion to postpone indefinitely 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 72, nays 44.
The bill, having failed to receive the requisite constitutional majority, was lost.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

THURSDAY, DECEMBER 10, 1953

1731

Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority' the following bills and resolutions of the House to wit:

HB 949. By Messrs. Ray of Warren, Adams of Evans and others:
A Bill to amend, construe and clarify an Act approved March 18, 1937, known as "Motor Fuel Tax Law"; 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 substitute by the requisite constitutional majority the following bills and resolutions of the House to wit:

HB 876. By Mr. Stephens of Clarke:
A Bill to create an Art Commission for the State of Georgia; to provide for the composition for such Commission, and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House substitute to the following resolution of the Senate:

SR 36. By Senators Dean of the 34th and Carlisle of the 51st:
A Resolution adopting as a part of the official Code of the State of Georgia the statutory portions of the text of the Georgia Code Annoated, with certain exceptions; authorizing the revision of certain titles of the Code of Georgia, and for other purposes.

The Senate insists on its position on the following bill of the House:

HB 299. By Messrs. Willingham of Cobb and others:
A Bill to require payment of all Ad Valorem taxes on Motor Vehicles before application for license tags are granted, and for other purposes.

The President has appointed as a Committee of Conference on the part of the Senate Senators Moon of the 13th, Walker of the 45th and Adams of the 12th.
The Senate insists on its position and respectfully asks that a Committee of Conference be appointed on the following resolution of the House:

HR 146. By Mr. Willingham of Cobb:
A Resolution authorizing compensation to Mr. E. S. McKinney for damage to his automobile, and for other purposes.

The President has appointed as a Committee of Conference on the part of

1732

JOURNAL OF THE HOUSE,

the Senate Senators Callaway of the 35th, Jordan of the 25th and Brown of the 40th.
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 877. By Mr. Barber of Colquitt:
A Bill to authorize the payment of medical and similar expenses incurred by members of the Georgia State Patrol and the Bureau of Investigation as result of injuries received in line of duty, and for others.

The President of the Senate has appointed as a Committee of Conference on the part of the Senate the following: Senators Cheek of the 23rd, Millican of the 52nd and Stoddard of the 50th.
Under the regular order of business, the following bill of the Senate was taken up for consideration and read the third time:

SB 172. By Senator Parker of the 38th:
A Bill to be entitled an Act to amend the Code relating to the procedure when the Witness is a female, and for other purposes.

The report 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 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:

HR 329. By Mr. Harrison of Wayne:
A Resolution authorizing the State Library to furnish to the Superior Court of Wayne County a complete set of the Georgia Supreme Court Reports and the Court of Appeals Reports, and for other purposes.

The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 876. By Mr. Stephens of Clarke:
A Bill to be entitled an Act to create an Art Commission for the Stat& of Georgia, and for other purposes.

THURSDAY, DECEMBER 10, 1953

1733

The following Senate substitute was read:

A BILL
To be entitled an Act to create an Art Commission for the State of Georgia; to provide for the composition for such Commission; to providQ for disqualification of members; to provide for an annual report; tQ provide for definitions; to provide for the approval of works of art becoming property of the State; to provide for the acceptance of works of art; to provide for review of presently owned works of art; to provide for compensation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR-
GIA AS FOLLOWS:

SECTION 1
Establishment; members and officers; quorum.-There shall be an Art Commission for the State of Georgia, in the executive branch of the government, composed of the Governor, ex officio, and five persons appointed by him. One shall be appointed from the Department of Art, Division of Fine Arts, University of Georgia; one from a list of at least three (3) nominated by the Telfair Academy, Savannah, Georgia; one from a list of at least three (3) architects nominated by the governing board of the Chapter of the American Institute of Architects existing within the State; one from a list of painters and sculptors nominated by the officers of the Association of Georgia Artists; and one from. the State-at-large. The first Commission shall hold office as follows: Two members to serve for a term of three years; one member to serve for a term of four years; two members to serve for a term of five years. The Governor in making said appointments shal! designate the holders of the respective terms. Successors to the persons so appointed shall hold terms of office for four years from the expiration of the previous term except appointments to fill vacancies, which shall be for unexpired terms. The Governor shall have authority to fill all vacancies in the manner of the original appointments. From their own members they shall elect such officers as may be deemed proper. Three commissioners shall constitute a quorum.

SECTION 2
Disqualification of members. Any member of the Commission who shall be employed by the State to execute a work of art or structure of any kind requiring submission to the Commission, or who shall take part in a competition for such work of art or structure, shall be dis~ qualified from voting thereon, and the temporary vacancy thereby created shall be filled in the. manner prescribed in the preceding section for filling vacancies.

SECTION 3
Annual report. The Commission shall make an annual report of its proceedings to the Governor, who shall lay it before the General Assembly.

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JOURNAL OF THE HOUSE,
SECTION 4
Meaning of term "work of art". The term "work of art" as used in this chapter shall apply to and include all paintings, mural decorations, stained glass, statues, bas-reliefs, tablets, sculptures and monuments of a permanent character intended for ornament or commemoration.
SECTION 5
The Governor, with advice of Art Commission, to approve works of art becoming property of State; removal, etc.; structures and fixtures. (1) Works of Art. Hereafter no work of art shall become the property of the State by purchase, gift or otherwise, unless such work of art or a design thereof, together with its proposed location, shall have been submitted to and approved by the Governor acting with the advice and counsel of the Art Commission; nor shall any work of art, until S() submitted and approved, be contracted for, placed in or upon or allowed to extend over any property belonging to the State. No existing work of art owned by the State shall be removed, relocated or altered in any way without submission to the Governor.
SECTION 6
When requested by the Governor or by the General Assembly, the Commission shall have the authority to review any one or all the works of art already on property of the State and to make recommendation~ to the Governor as to matters of restoration, removal, relocation, evaluation of the worth, and/or any other disposition of such works of art. Any action on such recommendations shall be within the discretion of the Governor or General Assembly as the case may be.
SECTION 7
Works of art accepted by Governor; approval by Art Commission. The Governor is authorized to accept, in the name of the Commonwealth, gifts to the Commonwealth of works of art as defined in Section 4. But no work of art shall be so accepted until submitted to the Art Commission or otherwise brought to its attention provided that the Governor shall have the final authority to accept or reject regardless of the recommendations of the Commission.
SECTION 8
Compensation. The members of the Commission shall receive n() compensation for their services, but shall be entitled to receive actual expenses incurred by them while attending meetings of the Commission and for travel to and from said meetings, however, said Commission shall be limited to not more than four (4) regular meetings per year, and each of said meetings to be limited to not more than forty-eight hours, provided that the Governor may call the Commission into special session at any time and for such length of time as specified by the Governor.
SECTION 9
All laws or parts of laws in conflict with this Act are hereby repealed.

THURSDAY, DECEMBER 10, 1953

1735

Mr. Stephens of Clarke moved that the House agree to the Senate substitute. On the motion to agree, the ayes were 103, nays 0. The Senate substitute to HB 876 was agreed to. By unanimous consent, the following bill of the Senate was taken from the table:

SB 177. By Senators Parker of the 38th and Hall of the 15th:
A Bill to be entitled an Act to provide retirement benefits for ordinaries, and for other purposes.

The Speaker appointed as a Committee on Conference on the part of the House on HR 146-515c, a resolution compensating Mr. E. S. McKinney, the following members of the House: Messrs. Barber of Colquitt, Willingham of Cobb and Smith of Cobb.
Under the regular order of business, the following bill of the Senate was again taken up for consideration:

SB 177. By Senators Parker of the 38th and Hall of the 15th:
A Bill to be entitled an Act to provide retirement benefitil for ordinaries, and for other purposes.
The following amendment was read and adopted:
Messrs. Kemp and Foster of Clayton move to amend SB 177 by adding to the end of paragraph eight the following language "provided, however, the sum of $1.00 as provided herein shall be in addition to the fees now prescribed for such services."

An amendment offered by Mr. Dean of Towns was ruled out of order.

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

On the passage of the bill, as amended, Mr. Matthews of Clarke moved the ayes and nays and the call was sustained.

The ro!l call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Ayers Baughman Bell Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Brannen Brantley

Britton Brooks Buie Byrd
Campbell of Oconee Campbell of Walker Carswell Chastain Clark Clary
Cloud Coffin Coker Coogle

Cowart Deen of Bacon Dews Drinkard Duncan Durham Edwards Floyd Flynt
Foster Fowler Freeman Frier Gardner

1736

JOURNAL OF THE HOUSE,

Geer Gilder Gillis Goodson Gowen Graham Green of Baldwin Green of Rabun Greene of Crisp
Greer Grimsley
Hall Hamilton Harper Harrell Harrison of Jenkins Harrison of Wayne
Henderson Hicks Hodges Hollis Horne Ingle
Ivey Jackson Jessup Johnson Jordan of Gwinnett
Kemp Key

King
Land Lanier Lewis Lifsey
Little Lokey Lovett McCracken McKenna Martin Matheson Matthews Mauldin
Moate Moore of Pickens Moore of White Moye Mull Murphey of Crawford
Murr Musgrove Nelson Otwell Parker Perkins Phillips of Columbia
Potts Ray Rowland

Rutland Scoggin Sheffield Short Sipple of Chatham Sivell Smith of Cobb Smith of Emanuel M. M. Smith of Fulton Stephens of Clarke Stocks Tallant Tamplin Tarbutton Todd Trapnell
Tumlin Turk Twitty Upshaw
Veal Walker Wardlow Weems Wiggins Williams of Bulloch Williams of Franklin
Willingham Wooten Young

Those voting in the negative were Messrs.:

Barber of Colquitt Barber of Jackson Bolton Cheatham
Cummin~s
Dean of Towns Garrard Groover of Bibb

Groover of Troup Gunter Harris Hayes Holton Hughes Murphy of Haralson Nightingale

Phillips of Walton Raulerson Hoke Smith of Fulton Stevens of Marion Tarpley
Willis

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

On the passage of the bill, as amended, the ayes were 132, nays 22.

The bill, having received the requisite constitutional majority, was passed, as amended.

His Excellency, The Governor, Honorable Herman E. Talmadge, appeared upon the floor of the House and thanked the members for their cooperation.

The following bill of the House was taken up for the purpose of considering the report of the Committee on Conference thereon:

HB 299. By Messrs. Willingham, Smith and Bentley of Cobb and others: A Bill to be entitled an Act to require payment of all ad valorem taxes

THURSDAY, DECEMBER 10, 1953

1737

on motor vehicles before application for license tags are granted, and for other purposes.

The following report of the Committee on Conference was read:
Mr. President:
Mr. Speaker:
Your Committee on Conference having met on HB 299 desires to submit the following report:
Your Committee is in accord that HB 299 should pass according to the attached substitute to this report which resolves the differences between the two bodies.
Respectfully submitted,
H. W. MOON JAMES W. ADAMS JIM C. WALKER On behalf of the Senate
H. W. WILLINGHAM of Cobb GRAHAM of Richmond DENMARK GROOVER, JR., of Bibb On behalf of the House.

A BILL
To be entitled an Act to provide that all persons seeking to obtain license tags for vehicles, as defined herein, shall first present affidavit as a part of such application, showing payment of all ad valorem taxes, owing to the State and any city, county or school district thereof, for the previous years; to provide that applicants who were not the owners of such vehicles, but who did own other vehicles on January 1 of the previous year shall first present affidavit showing payment of all taxes due thereon for the previous year; to provide that the State Revenue Commissioner shall prescribe and furnish blank forms for such affidavit which shall be part of the application for license tag; to provide that persons who were not residents of this State during the previous year, and who did not obtain and were not under legal obligation to have obtained license tags for vehicles operated within this State during such previous year shall make affidavits to such effect in lieu of presenting the foregoing; to provide that copies of applications for licenses shall be sent by the State Revenue Commissioner to the various counties and municipalities; to provide that persons and corporations who file annual tax returns with the State Revenue Commissioner, or who are registered with the Public Service Commission, shall, in lieu of the foregoing, present affidavit to the State Revenue Commissioner showing payment of all taxes due during the previous year; to provide that the making of any false affidavit under this Act shall constitute a felony; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEO&.
GIA AS FOLLOWS:
Section 1. For the purpose of this Act, the word "vehicle" shall mean
any motor vehicle or other means of transportation or conveyance re-

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JOURNAL OF THE HOUSE,
quircd to be registered and a license t:lb obtain~d therefor, prior to operation in this State.
Section 2. The State Revenue Commissioner or other officer who may hereafter be charged with the responsibility of selling and delivering license tags for motor vehicles, shall require the applicant when applying for any such license tag to present affidavit or affidavits, as. a part of said application, showing payment of all ad valorem taxes due the State and any City, County or School District thereof for the previous year, on such vehicles for which an application for license tag is made. Separate affidavits shall be given for each vehicle upon which taxes are paid.
Section 3. In the event the applicant was not the owner of the vehicle for which an application is made for a license tag but was the owner of another vehicle on January 1 of the previous year, then such applicant shall present affidavit showing payment of all ad valorem taxes due the State and any City, County or School District thereof, on the motor vehicle owned by him, if any, on January 1 of the previous year. If such applicant was not the owner of the vehicle for which license is sought, he shall by affidavit show from whom and when such vehicle was obtained or purchased.
Section 4. The State Revenue Commissioner shall prescribe the form of the affidavits hereinbefore required, and such affidavits shall be a part of the application for license tag.
Section 5. No affidavit showing payment of taxes shall be required of any applicant who makes affidavit on a form provided by the State Revenue Commissioner affirming that said applicant was not a resident of the State of Georgia on January first of the preceding year, and that such applicant did not obtain and was not under legal obligation to have obtained, license plates for any vehicle operated in this State on such date.
Section 6. Applications for registration, including the affidavits hereinbefore referred to, shall be made in triplicate, and upon receipt thereof, the State Revenue Commissioner shall send one copy to the County Commissioners or Ordinaries of the counties as provided in Section 68-105, and one copy to the proper taxing authority of the respective municipal corporations (if any) wherein the owners of such vehicles reside.
Section 7. In lieu of presenting the affidavits as hereinbefore required, all persons, firms, or corporations who are required to file annual property tax returns with the State Revenue Commissioner, or who are required to register with the Georgia Public Service Commission, shall, prior to obtaining license tags therefor, present affidavit showing a list of all vehicles used or domiciled in this State, and showing that all taxes for the preceding year on such vehicles have been paid.
Section 8. Any person, firm, or corporation who knowingly makes any false affidavit or affirmation as to any matter or thing required by this Act, or who forges or causes to be forged, any such affidavit as required herein, shall be guilty of a felony, and upon conviction thereof, shall be subject to fine not to exceed one thousand dollars ($1000.00), or imprisonment in the penitentiary not less than one nor more than five years, or both.

THURSDAY, DECEMBER 10, 1953

1739

Section 9. This Act shall become effective immediately after its approval, but no affidavits, as provided by this Act, shall be required to be presented until applications are made for the 1955 license tags.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Willingham of Cobb moved that the House adopt the report of the Committee on Conference.
The report of the Committee on Conference was rejected by the House.
Under the regular order of business, the following bills and resolutions of the House were taken up for the purposes of considering the Senate amendments and substitute thereto:

HB 1022. By Mr. H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to 'amend HB 1023 by adding thereto the following sections, to be appropriately numbered and placed immediately preceding the repealing section, which is to be renumbered:

SECTION 3.
Any judge of the Municipal Court of Atlanta, who shall have attained the age of 70 years and shall have been in service as a judge of said court or of the Recorder's Court of the City of Atlanta, Georgia, for a period of 32 years, and shall have retired, shall be eligible for appointment and shall be appointed to the office of Judge Emeritus, Municipal Court of Atlanta. Such judge shall receive from the City of Atlanta, in addition to his pension, an annual salary of $2,000.00 per annum, which may be divided into monthly or semi-monthly payments.

SECTION 4.
Effective with the year 1954 and annually thereafter, the Mayor and Board of Aldermen shall provide each member of the Fire Department with $100.00 for the purchase of uniforms. This provision shall be in addition to the compensation provided for the members of the Fire Department.
SECTION 5.
That the provisions of said Charter, as amended, relating to the assessment authorized where a sewer is laid in any street, as set forth in Section 6 of an Act of the General Assembly, approved February 15, 1952 (Ga. Laws 1952, p. 2678) be and the same is hereby amended to read as follows:
"Section 6. In all cases where a sewer shall be laid by or under the authority of said city in any street, the sum of $3.50 per lineal foot shall be assessed upon the property and estate respectively abutting on said street, on each side of said street, in which said sewer is laid or

1740

JOURNAL OF THE HOUSE,
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 sewage into said sewer. The remaining costs of all sewers not thus assessed shall be paid by said city out of the sewer appropriations for the year."
SECTION 6.
The Board of Aldermen shall be the judge of the election, returns and qualifications of its members, and shall have power to punish them for disorderly behavior or misconduct by suspension, censure or expulsion; but no member shall be expelled except by a vote of two-thirds of the entire membership of the Board of Aldermen.
SECTION 7.
The assignment of the Chief of Police of a patrolman or an officer to a position of higher rank, such as acting captain, shall not be deemed a promotion within the meaning of the civil service laws, and such person shall obtain no civil service rights to the higher position to which he is assigned.
SECTION 8.
In addition to all other powers conferred upon the City of Atlanta by this Charter, as amended, the said City is authorized to acquire property beyond the corporate limits of said City, either by purchase, condemnation or otherwise, and to develop the same for parks and recreational purposes.
SECTION 9.
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 by detaching and disconnecting from the territory heretofore annexed to and incorporated in the City of Atlanta all that tract of land being in the 14th District of Fulton County, and being more particularly described as follows:
BEGINNING at the southeast corner of Land Lot 219 and running thence north along the east line of said Land Lot 219 and the present western city limit line of the City of East Point a distance of 550 feet; thence southwestwardly 2850 feet to the west line of said Land Lot 219; thence south along the west line of said Land Lot 219 a distance of 200 feet to the southwest corner of said Land Lot 219; thence east along the south line of said Land Lot 219 a distance of 2800 feet, more or less, to the point of beginning, and by amending the City of Atlanta limits lines accordingly.
SECTION 10.
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 by disconnecting and detaching from the territory incorporated into the City of Atlanta all of that tract of land situated, lying and now being in the City of Atlanta in Land Lot 186 of the 14th District of Fulton County, and known as the

THURSDAY, DECEMBER 10, 1953

1741

East Point rock quarry property, and more particularly described by the following boundary line:
BEGINNING at a point on the south line of Land Lot 186 a distance of 1420 feet west of the southeast corner of said Land Lot, and running thence north along the east property line of said City of East Point rock quarry property 1593 feet; thence west 1134 feet; thence southeast 1537 feet, along the southwestern property line of said City of East Point to the south line of said Land Lot 186; thence east along the south line of said Land Lot a distance of 854 feet to the point of beginning, and by amending the Atlanta City limits line accordingly.

SECTION 11.
The city limits of Atlanta are hereby amended so as to exclude therefrom the following described territory:
Beginning at a point on the west line of Land Lot 67 of the 14th District of Fulton County four hundred (400) feet south of Mt. Zion Road and running, thence, easterly, parallel with Mt. Zion Road, to a point on the west side of the south leg of the Expressway four hundred (400) feet south of Mt. Zion Road; thence, southerly along the west side of the south leg of the Expressway twenty-five hundred (2,500) feet, more or less, to a point on the south line of said Land Lot 67; thence, west along the south line of Land Lot 67, eight hundred and fifty (850) feet, more or less, to the southwest corner of Land Lot 67; thence, north along the west line of Land Lot 67, twenty-four hundred (2,400) feet, more or less, to the point of beginning.

SECTION 12.
The City of Atlanta retains all water mains installed within said area by the City of Atlanta and is hereby given authority to sell said mains to the City of Hapeville should Hapeville desire to buy them. If Hapeville does not desire to buy said water mains the City of Atlanta is hereby given an easement in all streets embraced in the above area in which water mains have been laid for the purpose of servicing and protecting said mains.

Mr. M. Smith of Fulton moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 1022 was agreed to.

liB 1041. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of East Point, and for other purposes.
The :following Senate amendment was read:
The Committee of the Senate on Municipal Government moves to amend HB 1041 by adding the following sections, to be appropriately numbered, and to read as follows:

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JOURNAL OF THE HOUSE,
SECTION 1.
An Act consolidating Acts incorporating the City of East Point and creating a new Charter for said City, approved August 19, 1912, and the several Acts amendatory thereof, be and the same are hereby amended by authorizing the City of East Point to sell and convey unto the City of Atlanta for a just, fair and adequate compensation any part or all of that part of the water system of the City of East Point located in territory heretofore annexed to and incorporated into the City of Atlanta.
SECTION 3.
Be it further enacted by the authority aforesaid and it is hereby enacted by authority of same that Section 73 of said Act approved August 19, 1912, (Ga. Laws, 1912, p. 909), as amended by Sections 1 and 2 of an Act approved March 24, 1933, (Ga. Laws, 1933, p. 920 et seq.) as amended by Section 2 of an Act approved February 25, 1949, (Ga. Laws, Extra Session, 1948, Regular Session, 1949, pp. 16331634) as amended by Section 5 of an Act approved February 25, 1949, (Ga. Laws, Extra Session, 1948, Regular Session, 1949, pp. 1928-1929) as amended by Section 8 of an Act approved February 25, 1949, (Ga. Laws, Extra Session, 1948, Regular Session, 1949, p. 1930) be and the same is hereby repealed and the office of Tax Commissioner and the office of Deputy Tax Commissioner is hereby created.
SECTION 4.
No one under the age of 25 years shall be appointed Tax Commissioner nor shall any person except a freeholder and bona fide resident of said city domiciled therein for at least 5 years next preceding his appointment be chosen for this office; nor shall anyone without ample ad valorem tax experience be appointed to this office unless such appointee shall have graduated from a recognized liberal arts college, university, or law school, or has been licensed to practice law or who shall have obtained at least five years experience in business administration, or shall be adjudged the most suitable and competent for the purposes of discharging the duties of Tax Commissioner of said City by a three-fourths majority vote of the City Council. Nor shall anyone be chosen for Tax Commissioner who is not a person of high moral character.
SECTION 5.
It shall be the duty of the Tax Commissioner to receive tax returns, collect taxes other than business license taxes and promptly pay over the same to the City Treasurer, to equalize taxes, determine the value, for taxation, of all real and personal property subject to taxation, seek out and return or cause unreturned properties to be returned and assessed for taxation as determined by him from the best information he can reasonably secure from the most reliable sources, issue tax fi. fas. for taxes not paid when due, and proceed at once to collect same by suit at law or in equity or by garnishment, or by placing such fi. fas. in the hands of the City Marshal for prompt collection by levy and sale; provided, such tax fi. fas. may be sold and transferred for the full amount of taxes and accrued interest and costs

THURSDAY, DECEMBER 10, 1953

1743

if the governing authority shall authorize such sale by ordinance. In such latter event said Commissioner shall, when authorized by such Ordinance, assign or transfer such tax fi. fas. to the purchasers thereof on payment of all taxes, interest and costs due thereon in cash or its equivalent; and perform such other duties as may be incident to his office or the duties thereof, and such others as may be required by ordinance.

SECTION 6.
Said Tax Commissioner shall, before entering upon the discharge of the duties of his office, take and subscribe an oath to perform the duties of his office to the best of his skill and knowledge, and shall make a bond in the penal sum fixed by the City Council, with good and sufficient security to be approved by the City Council, and conditioned for the faithful performance of the duties of his office.

SECTION 7.
In case any property owner or taxpayer should be dissatisfied with any assessment made by said Tax Commissioner such owner or taxpayer may appeal such assessment to the Board of Tax Appeals by filing a written appeal with such board within 10 days from the date of the action of said Tax Commissioner from which such appeal is taken; provided, if the value of the property returned by the owner or the owner's agent is not increased above the valuation placed thereon by such owner or his agent in the return of such property no appeal shall lie. If the owner's valuation as shown by the owner's return of the property is increased by the Tax Commissioner such increase shall be in writing and such owner or his duly authorized agent shall be notified in writing of such increase, and such increase shall be conclusively deemed to have been made on the date such notice is mailed to the owner or the owner's authorized agent as shown by the post mark on the envelope in which such notice is mailed, and not before such mailing date. The filing of an appeal with the Board of Tax Appeals shall be sufficient when such appeal is filed in writing with the City Clerk and a copy thereof delivered to the Tax Commissioner by the appealing owner or taxpayer or their duly authorized agent within ten (10) days from the action appealed from.

SECTION 8.
The compensation of the Tax Commissioner shall be fixed and determined by the governing authority of said city prior to his appointment, but shall be subject to one annual adjustment, upward or downward, at the first regular meeting of the governing authority in January in each year, but shall not thereafter be increased or decreased until the first regular meeting of the City Council in the next calendar year.

SECTION 9.
The Deputy Tax Commissioner shall be appointed in the same manner for a term of 4 years; provided, that the term of such deputy first appointed hereunder shall expire on the first Tuesday after the first Monday in January, 1956. No one shall be appointed deputy tax commissioner unless such person is at least 25 years of age and a bona fide resident domiciled within said city for at least 5 years next preced-

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JOURNAL OF THE HOUSE,
ing such appointment. Said Deputy Tax Commissioner shall have all of the qualifications of Tax Commissioner.
SECTION 10.
It shall be the duty of said Deputy Tax Commissioner to assist said Tax Commissioner in the performance of the duties of Tax Commissioner, and when the office of Tax Commissioner is vacant, or when absence, disability, disqualification or other cause prevents or makes it impracticable for the Tax Commissioner to perform and discharge his duties such duties shall be performed and discharged by said Deputy Tax Commissioner who shall take the same oath and make the same bond as the Tax Commissioner with such difference in the amount of such bond as may be prescribed by city ordinance.
SECTION 11.
Sections 2 and 3 of an Act approved February 15, 1952 (Ga. Laws, 1952, pp. 2577-2578) are hereby repealed and the following enacted in lieu thereof:
"Be it further enacted by the authority aforesaid that qualifications and the term of office of the chief deputy or assistant to the head of any department or agency of the City shall be the same as the head of such department or agency, and such chief deputy or assistant shall perform and discharge the duties of the head of such department or agency in event of a vacancy or when such department head is absent, disqualified, or unable to perform his duties for any cause; provided, the term of any deputy or assistant, selected or employed for a 4 year term commencing prior to the first Tuesday after the first Monday in January, 1956, shall expire on said first Tuesday after the first Monday in January, 1956.
SECTION 12.
Be it further enacted by the authority aforesaid that Section 23 of an Act approved February 21, 1951, (Ga. Laws, 1951, p. 2992) be and the same is hereby repealed and the following enacted in lieu thereof, to-wit:
"Provision for the construction and laying of sewers, sidewalks and streets, the cost of which or any part of the cost of which is to be assessed against abutting properties and owners thereof, shall be made by ordinance. After the first reading of such ordinance notice that it has been introduced and read one time shall be published one time in the official newspaper of said city at least 10 days before final passage of said ordinance. Said notice shall state the nature, location, and extent or dimensions of such improvement, the kind of material to be used, and such other information as may be required with reference thereto by such ordinance or a resolution of the City Council, stating that the cost of such improvement shall be assessed against the abutting properties and owners thereof if the entire cost is to be so assessed, and if the entire cost is not to be so assessed, but a part thereQf, thenh stating what part of the cost is to be assessed against abutting properties and the owners thereof, and stating the estimated cost per unit of such improvement, and that objections of interested persons will be heard by the governing authority of said city at the next regular meeting thereof after the expiration of 10 days.

THURSDAY, DECEMBER 10, 1953

1745

No other or further notice of any kind shall be required, and if any other or further notice be required by ordinance or resolution of the governing authority failure of any officer or employee to comply with such ordinance or resolution shall not invalidate or impair such assessment of such costs or the lien against such abutting properties or the ordinances adopted in connection with such improvement. The second reading of such ordinance shall not be waived until after the expiration of said 10 days."
SECTION 13.
Be it further enacted by the authority aforesaid that the governing authority of said city be and it is hereby granted power and authority to pay in December of each year to each police officer and fireman of said city who shall have satisfactorily completed his probationary six months service an annual allowance for his uniforms.
SECTION 14.
Be it further enacted by the authority aforesaid that Section 56 of an Act approved February 21, 1951, (Ga. Laws, 1951, p. 3000) amending the East Point City Charter be and the same is hereby repealed.
SECTION 15.
Be it further enacted by the authority aforesaid that Sections 13 and 14 of an Act approved February 25, 1949, (Ga. Laws Extra Session, 1948, Regular Session, 1949, p. 1932) be and the same are hereby repealed, in their entirety, and Section 21 of an Act approved August 19, 1912, (Ga. Laws, 1912, pp. 880-881) is hereby amended by adding at the end thereof these words:
"The offices of City Treasurer and City Clerk may be combined by ordinance by the governing authority of said city, and may likewise be separated by ordinance by the governing authority of said city. If such offices are combined the governing authority of said city shall provide in such ordinance for the duties of the combined offices to be discharged by the City Clerk or City Treasurer as such governing authority may deem best, in which event the duties of both of such offices shall be performed and discharged by the officer named in such ordinance by the governing authority of said city. The term of City Treasurer shall be four years, and until a successor is appointed and qualified; provided, the term of the Treasurer first appointed under this amendment shall expire on the first Tuesday after the first Monday in January, 1956. The compensation of City Treasurer shall be fixed before his appointment, and shall be subject to adjustment, upward or downward, at the first regular meeting of the governing authority in January of each year, but at no other time."

SECTION 16.
No officer or employee of the City of East Point shall act or be qualified to act in a judicial or quasi-judicial capacity in any case or preceeding in which he or she has a direct or indirect financial interest, nor in any case or proceeding in which he or she may be related by blood or marriage within the sixth degree as computed according to the civil law to any person or persons interested in the result of such

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JOURNAL OF THE HOUSE,
case or proceeding, nor in any case or proceeding in which the most interested party or parties, or most interested person or persons, are members of or attached to a department or agency of said city in which department or agency or to which department or agency some person is attached or connected who is related to such disqualified persons or persons by blood or marriage within the sixth degree as computed according to the civil law; provided, this section shall not apply to the mayor and City Council or governing authority of said city which are governed by another provision of the city charter; provided, further, that such disqualification may be waived in any case if such waiver is in writing signed by all parties at interest, and the city shall be considered a party at interest in all cases, and the governing authority of the city shall decide whether to waive such disqualification by resolution adopted in each case, and if no waiver is agreed upon such resolution shall designate the officer or employee of the city to sign on behalf of the city.
SECTION 17
When anyone is disqualified to act under the foregoing provisions the governing authority of said city shall designate and appoint some fit and proper person who is qualified to act in such case or proceeding in lieu of such disqualified person or persons and who shall, while so acting, have and exercise all of the jurisdiction, power and authority of such disqualified officer or employee in discharging the duties of his or her office of employment.
SECTION 18
A Purchasing Department is hereby created in and for the City of East Point, and the head of such Purchasing Department shall be known as the Purchasing Agent.
SECTION 19
Such Department shall consist of the Purchasing Agent and such other personnel as shall pe provided for by ordinance.
SECTION 20
The Purchasing Agent shall be appointed by the governing authority of said city for an indefinite term during good behavior and efficient service.
SECTION 21
No one shall be appointed Purchasing Agent for said city who is less than 25 years of age, nor unless such person shall have been a bona fide resident of and domiciled in said city for at least 5 years next preceding his appointment. He shall be skilled in business practices, and with special training or experience in the field of purchasing for large groups. No one except a person of high moral character without any criminal record shall be appointed to this position.
SECTION 22
The Purchasing Agent shall purchase, store and distribute all

THURSDAY, DECEMBER 10, 1953

1747

supplies, material and equipment required by every office, department and agency of said city under and pursuant to the rules and regulations established by ordinance by the governing authority of said city, and shall contract for public improvements, and purchase lands when authorized by the City Council. He shall also sell, swap, exchange, and otherwise dispose of obsolete, excess, used, surplus, and other supplies, materials, equipment and lands as provided for by city ordinance.

SECTION 23
The compensation of the Purchasing Agent shall be fixed by the City Council prior to his appointment and shall be subject to adjustment, upward or downward, at the first regular meeting in January of each year but at no other time. He shall furnish such bond as may be required by the governing authority of said city which shall be conditioned for the faithful performance of the duties of his office.

SECTION 24
Be it further enacted by the authority aforesaid that Section 12 of an Act approved February 17, 1950, amending the East Point city charter be and the same hereby is repealed, and the following enacted in lieu thereof:
Before reaching a final decision to make any street, sidewalk or sewer improvement, ten days written or printed notice to the abutting property owners shall be published in the official newspaper of said city one time at least ten days before such final determination, if the cost of such improvement or any part thereof is to be assessed against the abutting properties or the owners thereof, which notice shall state the kind, extent, and location of such improvement, the estimated cost thereof, and the objections of anyone at interest will be heard by the City Council at the next regular meeting after the expiration of said ten days, and no other notice shall be required, but if the governing authorities require any other notice the failure of any officer or employee to give the notice required by such governing authority shall not invalidate the assessment of the cost of such improvement nor the lien therefor.

SECTION 25
Be it further enacted by the authority aforesaid that Section 23 of an Act approved March 24, 1939, amending the city charter of East Point (Ga. Laws, 1939, p. 1028) be and the same is hereby repealed, and the following enacted in lieu thereof:
"The minutes of the City Council of East Point and of any committee, body, bureau, commission, agency, board or authority of said city shall consist of a correct, complete and accurate record of all the acts and doings of such respective bodies, but shall not embrace comments or speeches of members of said bodies nor of other persons."

SECTION 26
Section 27 of an Act approved March 24, 1939 (Ga. Laws, 1939, p. 1030) is hereby repealed and the following enacted in lieu thereof:
"All property subject to taxation by said city shall be returned by

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JOURNAL OF TH:;<.: HOUSE,

the owners thereof, or by their duly authorized agents, to the City Tax Commissioner at their true and fair market value. Said Tax Commissioner may increase such valuations when he determines that the person making the return has not returned such property at its fair market value for tax purposes, but if the valuation in such return is increased the owner of such property or his duly authorized agent shall be notified by registered mail by said Tax Commissioner, and such increase shall not become final until the expiration of ten days from the date such notice is mailed as indicated by the post mark on the envelope containing such notice. If no appeal is made within such ten day period the assessment of the Tax Commissioner shall be and become final."

SECTION 27
Be it further enacted by the authority aforesaid that the provisions of Section 49 of an Act approved March 24, 1939, amending the East Point city charter, shalf not apply to the sale and conveyance of that part of the water system of the City of East Point heretofore incorporated into the City of Atlanta.

Mr. Lokey of Fulton moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0. The Senate amendment to HB 1041 was agreed to.

HB 1036. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of East Point, and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on Municipal Government moves to amend HB 1036 by striking Section I and inserting in lieu thereof the following:

SECTION 1.
All that tract of land lying and being in the 14th District of originally Henry, now Fulton County, Georgia, and more particularly described as follows:
Beginning at the northeast corner of Land Lot 220 and extending thence westwardly along the north line of said Land Lot 220 to the northwest corner of Land Lot 220; thence southwardly along the west line of Land Lots 220, 221, 222, 223, and 224 to a point 1500 feet south of the northwest corner of Land Lot 224; thence east in a straight line across Land Lot 224 to the east line of Land Lot 224; thence north along the east line of Land Lot 224 a distance of 1500 feet to the southwest corner of Land Lot 194; thence eastwardly along the south line of Land Lot 194 a distance of 1153 feet; thence north at an angle of 90 degrees to the left a distance of 1530 feet, more or less, to the center line of Washington Road; thence northeastwardly along the center line of Washington Road 2800 feet, more or less, to the present city limit line of the City of East Point; thence along the present East Point city limit line westwardly 3400 feet, more or less, to a point where said

THURSDAY, DECEMBER 10, 1953

1749

city limits line turns north; thence north along the west city limit line of said city 6200 feet, more or less, to a point where said city limits line turns east; thence east along said city limits line 200 feet, more or less, to a point where said city limits line again turns north; thence north along said west city limits line 3000 feet, more or less, to the northeast corner of Land Lot 220 at the point of beginning, be and the same is hereby annexed to and incorporated into the City of East Point.

Mr. Lokey of Fulton moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0. The Senate amendment to HB 1036 was agreed to.

HB 915. By Messrs. H. Smith, M. Smith, and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide a pension system for the classified employees under the City of Hapeville Civil Service Act, and for other purposes.
The following Senate amendment was read:
Senator Millican moves to amend HB 915 as follows:

SECTION 19
The City limits of Hapeville shall be enlarged and extended so as to include and embrace within the corporate limits of the City of Hapeville all the territory lying within the following boundry lines:
Beginning at a point on the west side of Land Lot 67 of the 14th District of Fulton County four hundred (400) feet south of Mt. Zion Road and running, thence, easterly, parallel with Mt. Zion Road, to a point on the west side of the south leg of the Expressway four hundred (400) feet south of Mt. Zion Road; thence, southerly along the west side of the south leg of the Expressway twenty-five hundred (2,500) feet, more or less, to a point on the south line of said Land Lot 67; thence, west along the south line of Land Lot 67, eight hundred and fifty (850) feet, more or less, to the southwest corner of Land Lot 67; thence, north along the west line of Land Lot 67, twentyfour hundred (2,400) feet, more or le&s, to the point of beginning.
The City of Hapeville shall acquire no interest in any water mains or facilities and should they desire to use them, they shall pay the City of Atlanta their cost. Should they not desire to use them, the City of Atlanta is hereby granted an easement in all streets involved so as to service said water lines.
SECTION 20
No bill board or other advertising signs larger than twelve square feet shall be erected or maintained within 300 feet of the west boundary line of the expressway.

SECTION 21
Charter is further amended so as to provide that the city limits of Hapeville shall be amended so as to exclude therefrom the following described territory:

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Beginning at a point on the westerly right-of-way of the south leg of the Expressway twenty-three hundred and fifty (2,350) feet, more or less, south of the north line of Land Lot 66 of the 14th District of Fulton County, said point being where the corporate limits of the City of Atlanta and the City of Hapeville intersect on the westerly right-of-way of the south leg of the Expressway, running thence southerly along the westerly right-of-way of the south leg of the Expressway and continuing southerly along the westerly right-of-way of the ramp leading into the Macon Highway and a projection thereof to the corporate limits of the City of Atlanta north of the Central of Georgia Railway; thence southeasterly, northeasterly, and northwesterly along the corporate limits of the City of Atlanta to the point of beginning. The City of Hapeville shall retain the title to all water mains or other municipal facilities in said area with full authority to sell the same to the City of Atlanta should Atlanta desire to buy the same.
SECTION 22
That all powers and authority of the City of Hapeville, under its charter and ordinances and all laws appertaining to said city as a municipality are hereby extended and made effective in every part of the territory included within the limits above described. The power and authority of the officers of the city are made coextensive with the limits as extended by this Act; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing the said City of Hapeville, the power of taxing property and of fixing and regulating business; to assess, issue executions for, and in cases of default, sell the property upon which the taxes are due, as now prescribed by charter and the laws and ordinances of the City of Hapeville, are extended to all the limits included under the terms of this Act. The power of the health department, police department, city tax assessors and receivers, tax collector, marshal, clerk of the city, clerk of council, building inspector, court recorder, and all other officers of the City of Hapeville, even though not specifically named herein, are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, the laws, and ordinances covering the City of Hapeville. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Hapeville, and is bound for the payment of such bonds equally with the other territory comprising the City of Hapeville.
SECTION 23
That if any clause, sentence, paragraph or any part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act.
SECTION 24
This Act shall take effect upon its passage by the General Assembly and approval of the Governor.
SECTION 25
All laws and parts of laws in conflict with this Act are hereby repealed.

THURSDAY, DECEMBER 10, 1953

1751

Personally appeared before me, the undersigned, a notary public, Rex T. Reeves, author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the newspapers 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, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia.
The following is a printed copy of the published notice:
NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION GEORGIA-Fulton County.
Notice is hereby given that the City of Hapeville will apply to the session of the General Assembly of Georgia convening i.n November, 1953, for passage of legislation authorizing establishment of a pension and retirement system for the employees of the City of Hapeville, and extending the City Limits of the City of Hapeville, and amending the charter of the City of Hapeville so as to require contractors and/or developers of new areas regardless of the size to pay entire costs of the improvements in connection therewith, including all costs of street work, and for other purposes.
This 27th day of October, 1953.
REX T. REEVES, City Attorney of the City of Hapeville. Oct 28 Nov 4 11 tfn /s/ Rex T. Reeve!!
Sworn to and subscribed before me, this 19 day of November, 1953. /s/ Edward Brook
Notary Public
Mr. Lokey of Fulton moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 915 was agreed to.

HB 979. By Messrs. Harris, McKenna, and Groover of Bibb:
A Bill to be entitled an Act to authorize Bibb County to regulate the construction and maintenance of roads, and for other purposes.
The following Senate amendment was read:
Senator Carlisle of the 51st moves to amend HB 979 as follows:
1. By adding to the caption and at the end thereof, the following language: "This Act is limited to apply only outside of incorporated municipalities".
2. By changing the number of the last Section of this Act from Section 6 to Section 7.
3. By adding a new Section to this Act to be known as Section 6, and to read as follows: "This Act is limited to apply only outside of incorporated municipalities."

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JOURNAL OF THE HOUSE,

Mr. Groover of Bibb moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0. The Senate amendment to HB 979 was agreed to.

HB 1003. By Mr. Mishoe of Tattnall:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Glennville, and for other purposes.
The following Senate amendment was read:
Senator Holt of the 54th moves to amend HB 1003, Section I, line 19, by adding the following: "All candidates for Mayor and Council shall be a free holder in said City"; and by adding at the end of Section 2 the following: "All Tax Assessors shall be a free holder in said City".

Mr. Mishoe of Tattnall moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0. The Senate amendment to HB 1003 was agreed to.

HR 329-1022a. By Mr. Harrison of Wayne:
A Resolution authorizing the furnishing of certain law books to the Superior Court of Wayne County, and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on General Judiciary moves to amend HR 329-1022a by adding at the end thereof the following words: "Provided funds are available for this purpose".
Mr. Harrison of Wayne moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HR 329-1022a was agreed to.

HR 39-202a. By Mr. Matthews of Clarke:
A Resolution compensating Mr. J. B. Polk for damages, and for other purposes.
The following Senate amendments were read:
The Committee of the Senate on Appropriations moves to amend HR 39-202a by striking the caption and inserting in lieu thereof the following: "To compensate Mr. J. B. Polk for damages to his automobile when hit by State Truck SHD 1-1375 owned by the State Highway Department and driven by Mr. Judson P. Pendrey, and to compensate Mrs. Frances Massey Evans for damages to her automobile sustained in an accident with a State Highway Department truck owned by the State Highway Department and driven by Mr. J. L. Brown.
The Committee of the Senate on Appropriations moves to amend

THURSDAY, DECEMBER 10, 1953

1753

HR 39-202a by adding to line 4 before the word "WHEREAS" the words "SECTION 1".
The Committee of the Senate on Appropriations moves to amend HR 39-202a by adding another section to be known as Section 2 and to read as follows:
"WHEREAS, on November 20, 1953, at approximately 2:25 p. m., said Mrs. Evans was driving her 1951 Chevrolet coach along U. S. Highway 41, at a point approximately 3.3 miles south of Cartersville, Georgia, when a 1950 Ford pickup truck owned by the State Highway Department, and driven by J. L. Brown, an employee of the State Highway Department, crossed the center line of said highway and side-swiped Mrs. Evans' car, damaging it in the amount of $483.10; and
"WHEREAS, the accident was not the fault of Mrs. Evans and it is only just and proper that she be compensated therefor;
"NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, thet the Georgia State Highway Department be ordered and directed to pay Mrs. Frances Massey Evans the sum of $480.00 as compensation for damages as set out above, said sum to be paid by said department from funds appropriated or available to said department."

Mr. Matthews of Clarke moved that the House agree to the Senate amendments.
On the motion to agree, the ayes were 115, nays 0.
The Senate amendments to HR 39-202a were agreed to.

HB 949. By Messrs. Ray of Warren, Adams of Evans and others:
A Bill to be entitled an Act to amend an Act known as the "Motor Fuel Tax Law", and for other purposes.
The following Senate substitute was read:

A BILL
To be entitled an Act to amend, construe and clarify an Act approved March 18, 1937 (Georgia Laws 1937, pages 167-207) known as the "Motor Fuel Tax Law", 1933 Code of Georgia, Chapter 92-14, as amended; to further amend Sections 92-1402 and 92-1403 of said Code so as to clarify the definition of motor fuel and to make clear that "hot" tractor fuel, when not sold or used to propel motor vehicles on the public highways is not intended to be considered "motor fuel" and is not subject to the motor fuel tax; to repeal all laws or parts of laws in conflict herewith; and for other purposes.
BE IT ENACTED by the General Assembly of Georgia and it is hereby enacted by authority of the same:

SECTION 1
In order to clarify the definition of "Motor Fuel", Subsection (B) of Section 92-1402 of the Georgia Code of 1933 (Georgia Laws 1937, pages 167-207 as amended), be, and the same is hereby amended by

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JOURNAL OF THE HOUSE,
striking therefrom the word "with" following the words "petroleum products" and inserting in lieu thereof the words "which have" and by inserting between the word "include" and the word "kerosene" the words "any petroleum products which, when subjected to distillation in accordance with the standard method of test for distillation of gasoline, naptha, kerosene, and similar petroleum products (American Society for Testing Materials Designation:. D-86) show not more than ten per cent (10%) recovered when the thermometer shows two hundred sixtyone degrees (261 o) Fahrenheit or more and not more than ninety-five per cent (95%) recovered when the thermometer shows four hundred sixty-five degrees (465 ) Fahrenheit or more, nor shall it include" so that said Subsection when amended shall read as follows:
(B) "Motor Fuel" shall mean and include all products commonly or commercially known or sold as gasoline, benzol, benzine, or naptha, regardless of their classification or uses, and any other liquid of a kind prepared, advertised, offered for sale or sold for use as, or used as, a fuel for internal combustion engines; except that it does not include any petroleum products which, when subjected to distillation in accordance with the standard method of test for distillation of gasoline, naphtha, kerosene, and similar petroleum products (American Society for Testing Materials Designation: D-86) show not more than ten per cent (10%) recovered when the thermometer shows two hundred sixty-one degrees (261 o) Fahrenheit or more and not more than ninety-five per cent (95%) recovered when the thermometer shows four hundred sixtyfive degrees (465) Fahrenheit or more, nor shali it include kerosene, or any other petroleum products which have a flash of more than 100 Fahrenheit or which have 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 highway, provided that nothing in this Section shall exclude the tax on the sale or use of kerosene of one cent per gallon, placed on same by section (B) of subsection 92-1403.
SECTION 2
Subsection (E) of Section 92-1403 of the Georgia Code of 1933, as amended, (Georgia Laws 1937, pages 167-207) be, and the same is hereby amended by striking therefrom the word "with" following the words "petroleum products" and inserting in lieu thereof the words "which have" and inserting between the word "of" and the word "kerosene" the words "any petroleum products which, when subjected to distillation in accordance with the standard method of test for distillation of gasoline, naphtha, kerosene, and similar petroleum products (American Society for Testing Materials Designation: D-86) show not more than ten per cent (10%) recovered when the thermometer shows two hundred sixty-one degrees (261 ) Fahrenheit or more and not more than ninety-five per cent (95%) recovered when the thermometer shows four hundred sixty-five degrees (465) Fahrenheit or more, nor upon the sale of" so that said SubsE>ction as amended shall read as follows:
(E) Provided further, that the six cents per gallon tax on the sale or use of motor fuel shall not be imposed upon the sale of any petroleum products which, when subjected to distillation in accordance with the standard method of test for distillation of gasoline, naphtha, kerosene, and similar petroleum products (American Society for Testing Materials

THURSDAY, DECEMBER 10, 1953

1755

Designation: D-86) show not more than ten per cent (10%) recovered when the thermometer shows two hundred sixty-one degrees (261 )
Fahrenheit or more and not more than ninety-five per cent (95o/o) recovered when the thermometer shows four hundred sixty-five degrees (465) Fahrenheit or more, nor upon the sale of kerosene or any other petroleum products which have a flash of more than 100 Fahrenheit, or which have 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.

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. Ray of Warren moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 112, nays 0.
The Senate substitute to HB 949 was agreed to.
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 Senate to wit:

By Senator Edenfield of the 4th:
A Resolution that the 1953-1954 General Assembly stands adjourned sine die, at 5:00 o'clock, December 10, 1953.

By Senator Edenfield of the 4th:
A Resolution appointing a committee, two to be appointed by the President of the Senate, and three by the Speaker of the House, to inform His Excellency, the Governor, that the General Assembly has completed its business and now stands ready to adjourn sine die.

By unanimous consent, the following bill of the Senate was taken from the table:
SB 205. By Senators Shepherd of the lOth and Adams of the 12th:
A Bill to be entitled an Act to amend an Act relating to rescues and escapes, and for other purposes.

Under the regular order of business, the following bill of the Senate was again taken up for consideration:
SB 205. By Senators Shepherd of the lOth and Adams of the 12th:
A Bill to be entitled an Act to amend an Act relating to rescues and escapes, and for other purposes.

1756

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:
Mr. Kemp of Clayton moves to amend SB 205 by adding at the end of Section 1 thereof the following language:
"Provided, however, no person shall be convicted under this section unless he shall have been convicted of the crime for which he was arrested, and such arrest determined to be legal."

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 1.
The bill, having received the requisite constitutional majority, was passed, as amended.
The following resolution of the House was taken up for the purpose of considering the report of the Committee on Conference thereon:

HR 146-515c. By Mr. Willingham of Cobb:
A Resolution compensating Mr. E. S. McKinney for damages, and for other purposes.

The following report of the Committee on Conference was read:
Mr. President:
Mr. Speaker:
Your Committee on Conference having met on HR 146-515c desires to submit the following report:
Your Committee is in accord that HR 146-515c should pass in the form in which it passed the House; that is, without the Senate amendment to same.
Respectfully submitted,
ROBERT H. JORDAN of the 25th THOMAS G. CALLAWAY of the 35th HARRY L. BROWN of the 40th On behalf of the Senate
WILLINGHAM of Cobb SMITH of Cobb BARBER of Colquitt On behalf of the House.

Mr. Willingham of Cobb moved that the House adopt the report of the Committee on Conference.
On the motion, the ayes were 115, nays 0. The report of the Committee on Conference on HR 146-515c was adopted. The following resolutions of the House were read and adopted:

THURSDAY, DECEMBER 10, 1953

1757

HR 364. By Mr. Smith of Fulton:
A Resolution conveying sympathy to the families of Captain Walter M. Armistead, Captain !don M. Hodge, Jr., 1st Lieutenant Samuel P. Dixon, 1st Lieutenant Elwood C. Kent, and 2nd Lieutenant William A. Tennent, all members of the Air National Guard of Georgia who made the supreme sacrifice in the line of duty, and for other purposes.
HR 365. By Messrs. Stephens and Matthews of Clarke:
A RESOLUTION
WHEREAS, since the last session of the General Assembly, John Hanson Thomas McPherson, Professor Emeritus of History and Political Science at the University of Georgia, has passed away; and,
WHEREAS, he was the organizer of the History Department of the University, and
WHEREAS, for severai generations of Georgians he was a teacher of great inspiration, and
WHEREAS, he was a counselor to students, Congressmen, Senators, Governors, and advisor to the General Assembly on problems of taxation and constitutional law, and
WHEREAS, he devoted his life-time to the services of his State in a brilliant but quiet and dignified fashion;
THEREFORE, BE IT RESOLVED by the House of Representatives of the General Assembly of Georgia, as follows:
1. That the State bemoan the loss of this valuable public servant;
2. That the State give recognition to the spiritual monument his services erected in the hearts and minds of his students which inspiration has been a lasting influence for the betterment of Georgia;
3. That a copy of this Resolution be presented to the family of John Hanson Thomas McPherson.

HR 366. By Messrs. Hand of Mitchell, Lokey of Fulton and others:

A RESOLUTION
WHEREAS, death has claimed Honorable W. H. Kimsey, father of Irwin Kimsey, a member of the State Board of Education, and
WHEREAS, this House shares with the family of Mr. W. H. Kimsey their great sorrow and loss in his passing,
NOW, THEREFORE BE IT RESOLVED that the House of Representatives express to the family of Mr. W. H. Kimsey its sincere and heartfelt sympathy in this, their time of sorrow and sadness, that a copy of this Resolution be spread on the minutes of the House and a copy sent to the family of Mr. Kimsey.

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JOURNAL OF THE HOUSE,

HR 367. By Messrs. H. Smith of Fulton, Campbell of Oconee and Matthews of Clarke:
A RESOLUTION
WHEREAS, the General Assembly has heretofore appointed an investigating committee under the provisions of Senate Resolution No. 86, and
WHEREAS, said committee has been empowered to examine certain books,
WHEREAS, said committee may need to serve subpoena for production of said books,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that said committee is hereby empowered to use the services of the Sheriff of the House of Representatives.

HR 368. By Messrs. Bentley and Smith of Cobb:

A RESOLUTION

WHEREAS, it has been brought to the attention of this Body that a book has been written by Thomas G. E. Wilkes, with the title, "Hell's Cauldron", and that said book is alleged to depict a true story of the treatment of psychiatric cases in veterans hospitals, with particular reference to the Veterans Facility in Georgia, located at Augusta, Georgia, and

WHEREAS, said book makes serious charges against the officials and administration of said Veterans Facility, and

WHEREAS, said Facility is located within this State, and many Georgia veterans are confined therein, and

WHEREAS, it is the sense of this Body that if said charges are true

they should be corrected, and if they are untrue it should be determined,

and the names of the people involved and the institution should be

cleared, and

'

WHEREAS, this is a Federal agency, over which this Body has no jurisdiction,

NOW, THEREFORE, be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, that the two Senators from Georgia and the ten Representatives of the Congress of the United States be requested to see that such an investigation is made by the proper committees of the House and Senate of the United States Congress, and that a determination be made as to whether said charges are true or not.

HR 369. By Mr. Chastain of Thomas:
A Resolution providing for the appointment of a committee to study the Milledgeville State Hospital and laws relating to the mentally ill for the purpose of making recommendations to the next session of the General Assembly, and for other purposes.

THURSDAY, DECEMBER 10, 1953

1759

HR 370. By Messrs. Barber of Colquitt, Dunaway of Polk and others:
A Resolution commending the Claims Advisory Board for services rendered relative to compensation resolutions, and for other purposes.

HR 371. By Messrs. Matthews of Clarke, Young of Muscogee and others:

A RESOLUTION
Commending Messrs. Hollis of Muscogee, Hoke Smith of Fulton and Duncan of Carroll for their work in preparing House Bill No. 128, known as the Uniform Traffic Code.
WHEREAS this General Assembly has adopted House Bill No. 128 providing a Uniform Traffic Code for this State, and
WHEREAS said Act is one of great importance and consequence to the citizens of this State in maintaining public safety on streets and highways, and in preserving life and property, and
WHEREAS this comprehensive legislation is, to a large extent, the result of the tireless labors and efforts of Messrs. Hollis of Muscogee, Hoke Smith of Fulton, and Duncan of Carroll, members of this body, and
WHEREAS said Messrs. Hollis, Smith and Duncan have performed their commission in this regard by capable, energetic, conscientious and tedious deliberation and study, without compensation of any kind;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that Mr. Howell Hollis of Muscogee County, Mr. Hoke Smith of Fulton County, and Mr. Ebb Duncan of Carroll County, and all those persons aiding and assisting them in the preparation of the aforesaid legislation, be commended for, and complimented upon, their splendid actions and the spirit of service in which the same were performed.

HR 372. By Mr. Twitty of Mitchell:
A Resolution providing for the adjournment of the House and Senate at 5:30 o'clock, p.m., December 10, 1953, sine die, and for other purposes.

HR 373. By Mr. Twitty of Mitchell:

A RESOLUTION
Be it resolved by the House as follows: That House Resolution No. 358, the Stay-Over Resolution be amended by striking the figure five (5) days in the 4th Paragraph of said Resolution and inserting in lieu thereof the figure ten (10) days in order that the Engrossing, Enrollment and Auditing Committees might remain at the Capitol 10 days after adjournment in order to finish the work of said Committees.

HR 374. By Messrs. Turner of DeKalb and Birdsong of Troup:

A RESOLUTION
WHEREAS, the brother of Mr. M. E. Groover, one of the Representatives from Troup County, passed away several days ago,

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JOURNAL OF THE HOUSE,

THEREFORE, BE IT RESOLVED, that the House express its sympathy to Mr. Groover in the loss of his brother and that he be furnished a copy of this Resolution.

Under the regular order of business, the following resolution of the House was taken up for consideration and read the third time:

HR 321-1015c. By Messrs. Bell of Richmond and Parker of Baldwin:
A Resolution compensating Mr. Robert H. Green, Representative from Baldwin County, for expenses paid for out of personal funds, and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution was adopted.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the report of a Committee of Conference on the following Bill of the House and respectfully asks that another Committee of Conference be appointed:

HB 299. By Messrs. Willingham, Smith and Bentley of Cobb:
A Bill to be entitled an Act to require payment of all Ad Valorem taxes on Motor Vehicles before application for license tags are granted, and for other purposes.

The President has appointed on the part of the Senate, Senators Millican of the 52nd, Carlisle of the 51st and Jordan of the 25th.
The following bill of the House was taken up for the purpose of considering the rejection of the report of the Committee on Conference:

HB 299. By Messrs. Willingham, Smith and Bentley of Cobb and others:
A Bill to be entitled an Act to require payment of all ad valorem taxes on motor vehicles before applications for license tags are granted, and for other purposes.

Mr. Groover of Bibb moved that the House recede from its position on the House amendment to the Senate substitute.
Mr. Jones of Lumpkin moved that the House insist on its position on the House amendment to the Senate substitute and appoint a second Committee on Conference.
The motion to insist was lost.
On the motion to recede, the ayes were 88, nays 18.

THURSDAY, DECEMBER 10, 1953

1761

The House receded from its position on the House amendment to the Senate substitute to HB 299.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the conference committee on the following resolution of the House:

HR 146. By Mr. Willingham of Cobb:
A Resolution authorizing compensation to Mr. E. S. M. Kenney for damage to his automobile, and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
Be it resolved by the Senate, the House of Representatives concurring, that the General Assembly stand adjourned sine die at 6:00 p. m. this date.

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 235. By Messrs. Harrison of Wayne, Moate of Hancock and others:
A Bill to amend Section 45-507 .of the Code of Georgia of 1933, which section relates to unlawful devices used in killing fish so as to provide that the possession of any such devices shall be deemed prima facie evidence of intent, and for other purposes.

HB 303. By Mr. Gowen of Glynn:
A Bill requiring the attendance in person of female witnesses in civil cases pending in the Court of this State, and for other purposes.

HB 326. By Messrs. Edenfield of Mcintosh, Nightingale of Glynn and others:
A Bill to make it a misdemeanor to hunt, fish or trap without obtaining a proper license, and for other purposes.
HB 468. By Messrs. McWhorter, Turner and Rutland of DeKalb:
A Bill to amend an Act entitled "An Act making provision for the licensure of applied psychologists, through a State Board of Examiners of Psychologist."; and for other purposes.

HB 501. By Messrs. Tarpley of Union, Whitener of Whitfield and others: A Bill to amend Section 6-407 of the Code of Georgia of 1933, relating

1762

JOURNAL OF THE HOUSE,

to the compensation of jurors for service in the Justice Court, so as to change the compensation of jurors, and for other purposes.

HB 504. By Mr. Bolton of Spalding:
A Bill to amend Section 71-102 of the Code of Georgia, relating to qualifications of a Notary Public, so as to change the age of a Notary Public, and for other purposes.

HB 585. By Messrs. M. Smith of Fulton, Hollis of Muscogee and others:
A Bill to amend Section 27-2511, Georgia Code of 1933 relating to the punishment for the conviction of a second or subsequent criminal offense, and for other purposes.

HB 602. By Messrs. Floyd of Chattooga, Scoggin and Hicks of Floyd and Weems of Chattooga:
A Bill to repeal an Act relating to the issuance of certificates exempting certain disabled or indigent veterans and blind persons from the payment of business license tax, etc., and for other purposes.

HB 640. By Messrs. Potts of Coweta and Campbell of Oconee: A Bill to amend marks and brands laws of Georgia, and for other purposes.
HB 647. By Mr. Groover of Bibb: A Bill to provide for the superiority of the title and operation of security deeds over certain taxes. tax liens, notices and recordings, and for other purposes.
HB 656. By Mr. Nightingale of Glynn:
A Bill to amend Section 24-1710 of the Code of Georgia of 1933, relating to who shall serve as ordinary when the ordinary is disqualified, and for other purposes.

HB 659. By Mr. M. Smith of Fulton:
A Bill to increase the maximum penalties for molesting children under .the age of fourteen years, and for other purposes.

HB 660. By Mr. Twitty of Mitchell:
A Bill to provide for the dissolution by the Secretary of State for railroad corporations organized under the laws of this State and chartered by the Secretary of State, and for other purposes.

HB 756. By Messrs. Stephens and Matthews of Clarke:
A Bill to amend Section 23-1013 of the Code of Georgia of 1933 relating to compensation of County Treasurers; and for other purposes.

THURSDAY, DECEMBER 10, 1953

1763

HB 795. By Mr. Green of Baldwin:
A Bill to amend an Act relating to a lunacy trial of persons at Milledgeville State Hospital, so as to provide that such trial may be demanded by all patients, and for other purposes.

HB 797. By Mr. Dipple of Chatham:
A Bill to exempt attorneys at law from jury duty in any of the Courts of this State, and for other purposes.

HB 801. By Messrs. Ray of Warren, Lokey of Fulton and Smith of Emanuel:
A Bill to amend Section 11 of the Georgia Retailers' and Consumers' Sales' and Use Tax Act which section relates to tangible personal property subject to the use tax, and for other purposes.

HB 803. By Messrs. Nightingale of Glynn, Bentley of Cobb, Bodenhamer of Tift, Gowen of Glynn, Watson of Dougherty and Denton of Paulding:
A Bill to declare it to be a misdemeanor to leave in any place accessible to children abandoned, unattended or discarded iceboxes, refrigerators and the like without removing locks or doors from same, and for other purposes.

HB 848. By Messrs. Ray of Warren, Hand and Twitty of Mitchell and others:
A Bill to amend the General Appropriations Act for the fiscal year beginning July 1, 1953, so as to provide an appropriation of $75,000,000 to aid in carrying out the provisions set out in an Act entitled "Franklin D. Roosevelt Warm Springs Memorial Commission"; and for other purposes.

HB 855. By Mr. Hoke Smith of Fulton:
A Bill to amend Section 113-1518 of the Code of Georgia of 1933, which Section regulates and limits investments by Executors and Administrators, and for other purposes.

HB 872. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Ray of Warren:
A Bill to authorize and empower the County Board of Education of any county and independent school systems to reorganize the schools within their jurisdiction and to determine and fix the number of grades to be taught at each school in the respective systems, and for other purposes.

HB 886. By Mr. Dunaway of Polk:
A Bill to provide for a penal statute making it a misdemeanor for anyone to contribute to the delinquency of a minor, and for other purposes.

HB 888. By Messrs. Connell and Register of Lowndes and Tumlin of Bartow:
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;" and for other purposes.

1764

JOURNAL OF THE HOUSE,

HB 892. By Messrs. Green and Parker of Baldwin and Chastain of Thomas:
A Bill to amend an Act relating to the methods by which restoration of sanity may be established, so as to provide that a petition may be brought while the person is still in the Milledgeville State Hospital, and for other purposes.

HB 893. By Messrs. Ray of Warren, Key of Jasper, Twitty of Mitchell and Smith of Emanuel:
A Bill to amend an Act known as the Georgia Retailers and Consumers Sales and Use Tax Act, which provides procedure for credit where similar tax has been paid in another State; etc.; and for other purposes.

HB 895. By Messrs. Ray of Warren, Garrard of Wilkes and Adams of Evans:
A Bill to amend an Act relating to application for registration of motor vehicles, trailers, etc., so as to provide that applications for registration of vehicles shall be accompanied by bills of sale or affidavits from vendors or other proof as required by the State Revenue Commissioner showing payment of Georgia Sales or Use Tax upon purchase of the vehicles, and for other purposes.

HB 899. By Messrs. Walker of Rockdale, Ivey of Newton, Hicks of Floyd, Upshaw of Bartow, Trapnell of Bulloch and many others.
A Bill to amend an Act relating to personal exemptions allowed certain persons having minor children, etc., and for other purposes.

HB 936. By Messrs. Jackson of Jones and Chastain of Thomas:
A Bill to provide for the periodic examination of inmates of the Milledgeville State Hospital for the purpose of determining eligibility for discharge, and for other purposes.

HB 937. By Messrs. Hicks of Floyd, Twitty of Mitchell, Gowen of Glynn and Hale of Dade:
A Bill to amend an Act which provides a limit upon enforcing conveyances of real property to secure debt and provides for reversion of title and when powers of sale shall be exercised, and for other purposes.

HB 948. By Mr. Harrell of Grady:
A Bill to amend an Act relating to fishing licenses for non-residents, and for other purposes.

HB 958. By Messrs. Short of Colquitt and Sheffield of Brooks:
A Bill to provide that the application of all minors under 18 years of age for a motor vehicle driver's license shall be signed by minor's parents, and for other purposes.

HB 971. By Messrs. Harris, Groover and McKenna of Bibb, Holton and Hayes of Coffee:
A Bill to provide that the ~tate Board of Education may expend funds

THURSDAY, DECEMBER 10, 1953

1765

outside the State for the education and rehabilitation of physically handicapped children for which there are no facilities for education or rehabilitation in Georgia, and for other purposes.

HB 972. By Mr. Boggus of Ben Hill:
A Bill to amend an Act entitled "An Act providing for the formation of cooperative non-profit membership corporations to be known as Electric Membership Corporations, and for other purposes.

HB 1034. By Messrs. Hall of Floyd, Hand of Mitchell, Rutland of DeKalb, Gowen of Glynn, Bodenhamer of Tift and Lovett of Laurens:
A Bill to amend an Act known as the Minimum Foundation Program of Education Act, so as to provide that in the calculation of the local financial ability the State school tax digest for the 1952 shall be the maximum amount hereafter employed in such calculation, and for other purposes.

HR 176. By Mr. Matthews of Clarke:
A Resolution relieving the principal and security on an appearance bond, and for other purposes.

HR 295. By Messrs. Hollis of Muscogee, Gowen of Glynn and Twitty of Mitchell:
A Resolution to ratify and confirm rules of practice and procedure for appeal or review in all cases, civil or criminal, to or from any of the courts of this State, as adopted and prescribed by the Supreme Court of Georgia on November 23, 1953, and for other purposes.

HR 113. By Mr. Lovett of Laurens:
A Resolution ordering the State Department of Agriculture to reimburse M. E. Cochran for loss in the value of livestock due to quarantine of the livestock.

HR 325. By Mr. McWhorter of DeKalb:
A Resolution to compensate Mr. W. H. Mott, of Chamblee for damages sustained in an accident with the State Highway Department truck, and for other purposes.

HR 331. By Mr. Rowland of Johnson:
A Resolution proposing compensation to Mrs. Hilda Fennell for damages to her automobile, and for other purposes.

HR 276. By Mr. Harrison of Wayne:
A Resolution to compensate Mr. 0. L. Harris of Screven, Georgia, for damages to his automobile caused by a collision with a State Highway Department truck, and for other purposes.

1766

JOURNAL OF THE HOUSE,

HR 332. By Mr. Lanier of Candler:
A Resolution to compensate Mr. George W. Bird, Jr., for damages to his automobile, and for other purposes.

HR 319. By Mr. Lovett of Laurens:
A Resolution proposing to compensate Mr. Sankey Booth for services rendered as a teacher in various public school systems of this State, and for other purposes.

HR 201. By Messrs. Holley, Graham and Bell of Richmond and Russell of Barrow:
A Resolution to authorize and direct the State Highway Department to compensate Thomas E. Hamilton for damages sustained by him as a result of negligence on the part of the driver of a State Highway Department Truck, and for other purposes.

HR 223. By Mr. Harrison of Wayne:
A Resolution to compensate Ernest E. Roberson, Route 2, Odom, Georgia; for the loss of a hog; and for other purposes.
HR 229. By Messrs. Hand and Twitty of Mitchell and Smith of Emanuel:
A Resolution proposing an amendment to the Constitution relating to taxation by counties for education, so as to provide for a procedure by which a county may remove or increase the limitation on the tax levy for education, and for other purposes.
HR 247. By Messrs. Flynt of Taliaferro, Ray of Warren, Twitty of Mitchell, Smith of Emanuel, Stephens of Clarke and Freeman of Monroe:
A Resolution authorizing the placing of a marble bust of Alexander Hamilton Stephens, Vice President of the Confederacy State of America in the State Capitol, and for other purposes.

The Senate has receded from its amendment to the following bill of the House, to wit:
HB 877. By Mr. Barber of Colquitt:
A Bill to authorize the payment of medical expenses incurred by members of the Georgia State Patrol and the Bureau of Investigation as a result of injuries received in line of duty, and for other purposes.

HR 307. By Messrs. Chastain and Willis of Thomas:
A Resolution to compensate Rev. Graham Oglesby for damages to his automobile by a State Highway Truck, and for other purposes.

HR 314. By Messrs. Floyd and Weems of Chattooga and Deen of Bacon:
A Resolution proposing to direct the Governor to designate May 1 of each year as "Loyalty Day", and for other purposes.

THURSDAY, DECEMBER 10, 1953

1767

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 amendment of the following bill of the House:

HB 45. By Mr. M. Smith of Fulton:
A Bill to regulate the sale of used motor vehicles; to prohibit any business from buying, selling or auctioning used motor vehicles until complying with the terms of this Act, 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 House to wit:
HR 340. By Messrs. M. Smith of Fulton and others:
A Resolution establishing a committee to study the problem of municipal taxation, and for other purposes.
HR 347. By Messrs. Campbell of Oconee, Gillis of Treutlen, and Tamplin of Morgan:
A Resolution commending the Soil Conservation services and activities of the Soil Conservation Districts.
HR 352. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel and Connell of Lowndes:
A Resolution providing for the naming of the State Agricultural Building located on the corner of Washington and Hunter Streets, Atlanta, Georgia, the Herman Talmadge Agricultural Building.

HR 353. By Messrs. Matheson of Hart, Perkins of Carroll, Floyd of Chattooga and others:
A Resolution requesting the Veterans Administration to abolish V A Form 10-P-10a.

HR 357. By Messrs. Swindle of Berrien, Greer of Lanier, Ursrey of Jeff Davis:
A Resolution requesting that the State College of Agriculture and the State Commissioner of Agriculture take certain .steps to furnish the tobacco growers of Georgia assistance and information in marketing the tobacco crop.

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

1768

JOURNAL OF THE HOUSE,

Mr. Speaker:
The Senate has agreed to the House amendment to the following bill of the Senate:

SB 177. By Senator Parker of the 38th and Senator Hall of the 15th:
A Bill to provide for retirement benefits for the Ordinaries of Georgia,
to provide a retirement fund therefor, to create a. board to administer
said funds, to fix its powers and duties, and for other purposes.

The following message was received from the Senate thro:ugh Mr. Stewart, the Secretary thereof :
Mr. Speaker:
The Senate has adopted the following resolution of the House:

HR 359. By Messrs. Lokey of Fulton, Gowen of Glynn and others:
A Resolution appointing a Commission to be composed of 5 members, one of whom is to be appointed by the President of the Senate, to investigate the small loan business and report to the next General Assembly.

The Speaker announced the House adjourned sine die.

INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1953
Part 1-Tabular Index Part 11-House Bills and Senate Bills
and Resolutions Part III-House Resolutions Part IV-Senate Resolutions in House

INDEX

1771

HOUSE JOURNAL

Part

TABULAR INDEX

PROPOSED AMENDMENTS TO THE CONSTITUTION
HR 218-Albany-Dougherty County; merger of governments ------------------------------------------------------932, 963, 970, 1271, 1529
HR 48-Alma; tax for promoting industries ____146, 289, 293, 694, 707, 897 HR 49-Bacon County; special tax for promotion
purposes ------------------------------------------------146, 201, 207, 694, 709, 897 SR 20-Baker County; board of education ______352, 358, 446, 450, 694, 729 HR 317-Bartow County; board of education____1247, 1383, 1419, 1564, 1697 HR 265-Bibb County; building
regulations --------------------------------------989, 1174, 1184, 1315, 1699, 1718 HR 308-Bibb County; legislative powers________1200, 1383, 1419, 1554, 1697 HR 261-Brantley County; tax for promotion of in-
dustry and agriculture ________________________989, 1115, 1127, 1312, 1599
HR 289-Bulloch County; board of education____1114, 1174, 1185, 1328, 1601 HR 236-Chatham County; school tax __________________________ 935, 990, 1000, 1190
SR 85-Cherokee County; school system________1425, 1451, 1478, 1491, 1573 HR 138-Clarke County; board of
education ---------------------------------------370, 395, 408, 694, 721, 724, 898 HR 216-Clayton County; board of education________________932, 1116, 1268, 1600 HR 304-Coffee County; school system ___________1171, 1200, 1204, 1337, 1697 HR 131-Coffee County; board of education _______________ 344, 396, 407, 694, 718 HR 130-Coffee County; board of education________344, 395, 407, 694, 714, 898 HR 116-Coffee County; tax for promotion
purposes ----------------------------------------------------252, 289, 293, 694, 712, 898 HR 229-County Education taxes _________________________ 934, 1019, 1120, 1454, 1766 HR 322---DeKalb County; education tax____________1364, 1419, 1434, 1571, 1697 HR 144-Echols County; board of education ____445, 474, 484, 694, 726, 898 HR 259-Elbert County; school system________ 988, 1116, 1126, 1305, 1599 SR 23-Firemen's pensions, taxation for ___________ 797, 809, 990, 1001, 1716 SR 27-Fulton County; road work in certain incor-
porated areas -------------------------------------797, 809, 832, 842, 1342, 1483 SR 71-Fulton County; school debt ________1180, 1191, 1200, 1205, 1348 SR 70-Fulton County, school tax, homestead
exemption --------------------------------------------1179, 1191, 1200, 1205, 1346 HR 85-General Assembly; time and duration of
sessions --------------------------------------------------196, 289, 293, 811, 814, 1697 HR 244-Gilmer County; board of education______961, 1115, 1126, 1282, 1602
HR 225-Grants to education -----------------------------------------933, 1000, 1164, 1375 HR 320-Gwinnett County; water, sanitation, sewerage
and fire protection authority ________________1364, 1419, 1434, 1568, 1697 HR 274-Haralson County; board of
education _________________________________________________1026, 1116, 1127, 1319, 1602
HR 246-Laurens County; board of education ___962, 1201, 1204, 1290, 1602 HR 286-Lincoln County; board of education _________ 1113, 1175, 1323, 1601 HR 258-Macon-Bibb County board of health ____ 988, 1116, 1126, 1297, 1599

1772

INDEX'

HR 243-Municipal home rule ---~-~------------961, 990, 1001, 1099, 1660, 1666 HR 242-Muscogee County; street and sidewalk
improvements -------------------------------------961, 1115, 1126, 1284, 1529 HR 260-Nahunta; tax for promotion of
industries ______________________:____:___~____;_________989, 1115, 1126, 1310, 1599
HR 252-Rabun County; tax for promotion of
industries -------------------------------------------------963, 1115, 1126, 1294, 1599 HR 300-Richmond County; license and regulation of
businesses ________________________1143, 1174, 1185, 1331, 1699, 1719
HR 273-Slum clearance projects -------------------------1026, 1185, 1507, 1697 SR 96--Stewart County; board of education____1527, 1545, 1594, 1604, 1702 HR 315-Stewart County; school system ______1246, 1368, 1379, 1561. 1714 HR 106--Tax exemptions (Art. VII, Sec. I, Par. IV) _________ 229, 537, 602, 973 HR 302-Thomas County; school system ________1171, 1218, 1368, 1547, 1714 HR 18-Tift County; board of educatioJL______78, 201, 206, 694, 701, 897 HR 238-Waycross, school tax _____________________935, 963, 970, 1281, 1602 HR 237-Waycross and Ware County development
authority ------------------------------------------------935, 1116, 1126, 1278, 1602

PROPOSED AMENDMENTS TO THE CONSTITUTION (Did Not Pass)
HR 303-957b--Calhoun County; board of education _____1171, 1218, 1249, 1334 HR 287-916b-Canton-Cherokee County; consolidation
of schools -------------------------------------------------------------------1114, 1379, 1547 HR 150-533a-Consolidation of schools _____________________________470, 557, 562, 701 HR 305-969a-Coffee County; self government ____________1174, 1201, 1205, 1339 HR 104-337h-County Boards of Education;
election -------------------------------------228, 347, 356, 426, 1532, 1547, 1617 HR 10-42d-Election of County Boards of Education ____________________68, 289, 293 HR 170-624a-Education tax -------------------------------------628, 674, 678, 913, 971 HR 32-127a-Jurisdiction of Justices of the Peace ________________92, 201, 207, 338 HR 311-1001b-Homestead exemption ------------------------------------------------------------1245 HR 169-623a-Laurens County, Board of
Education --------------------------------------628, 695, 753, 1263, 1598, 1667 HR 236-743v-Payment for bringing in first oil well ______935, 990, 1000, 1190 HR 230-743p-School Tax --------------------------------------------------934, 1019, 1120, 1457 HR 299-935b-State Board of Education, election,
duties, etc. ----------------------------------------------------1143, 1189, 1594, 1633 HR 97-337a-Tax exemption; homestead exemptions -------------------------------------227 HR 240-743z-Taxation; exemption of fraternity and
sorority houses ---------------------------------------------------------------936, 1480 HR 255-843a-Taxation, exemption of fraternity and sorority houses_______ 988 HR 53-242a-Veterans; bonuses for____________________________150, 233, 237, 280, 333
HR 55-242c-Veterans; loans for agricultural purposes ________________________151, 233
HR 21-87d-Waycross; city school and water tax --------------------------------------------79 HR 251-790j-Workmen's compensation; State Board of _________________________962
HB 501-6-407-Amending-Compensation of jurors in justice courts _____________________________________________________443, 475, 483, 176
HR 295-6-801-Amending-Brief of evidence ________________________________________________1121, 1190, 1369, 1469, 1765
HR 295-6-802-Amending-Brief of evidence ---------------------------------------------1121, 1190, 1369, 1469, 1765
HR 295-6-803-Amending-Brief of Evidence ----------------------------------------------------1121, 1190, 1369, 1469, 1765

INDEX

1773

SB 208-6-902-Amending-Time of tender, bill of exceptions _______________________1484, 1496, 1642, 1644, 1690, 1716, 1729

HR 295-6-905-Amending-Exceptions to antecedent ruling, judgment, etc. _______________________1121, 1190, 1369, 1469, 1765

SB 208-6-905-Amending-time of filing, exceptions pendente lite _____________________1884, 1496, 1642, 1644, 1690, 1716, 1729

HR 295-6-911-Amending-Service of bill of

exceptions --------------------------------------------1121, 1190, 1369, 1469, 1765 HR 295-6-1305-Repealed-Exceptions pendente

lite ----------------------------------------------------1121, 1190, 1369, 1469, 1765 SB 2~13-1305- 13-1310o--Amending-Conversion of state
banks into national banks ___________________182, 186, 258, 266, 410

SB 169-13-2017-Amending-Bank loans

on collateral --------------------1021, 1041, 1248, 1255, 1658, 1715

HB

331-20-50~Amending--:-Attomey's fees on notes, etc. _____________________________________________________________475,

481,1 573,

869

HB 74-21-105-Amending-Coroner's fees in counties of 30,000 to 30,500 ---------~-----------------------77, 231, 234, 267, 419
HB 150-21-105-Amending-Coroners' fees __________________110, 181, 215, 632

HB 487-Ch. 21-2-Amending-Post Mortem Examinations Act ______________________441, 509, 518, 740, 869

HB 151-21-209-Amending-Coroner's juries________111, 289, 291, 337, 632

HB 75~23-1013-Amending-Compensation of County treasurers ______________________956, 990, 998, 1098, 1762

HB 65~24-1710-Amending-Who to serve in place of disqualified ordinary ___________________________920, 991, 1104, 1762

HB 445-24-2101-Amending-Time and place for holding courts of ordinary _________________393, 509, 617, 575, 676, 869

HB 200-24-27141-Amending-Subpoena dockets in

superior courts -----------------------------------------127, 181, 184, 218, 1694 HB 281-24-2716-Amending-Index of instruments in

certain counties -------------------------------196, 265, 263, 295, 400 HB 969-24-2715-Amending-Record of instruments

affecting real or personal property in counties of 20,500 to 20,900 __________1173, 1201, 1204, 1267, 1597

HB 941-24-2715-Amending-Record of instruments affecting real or personal property in coun-

ties of 18,600 to 18,900 ---------------------1144, 1178, 1183, 1210, 1486 HB 48-24-2727 - Amending - Clerks of superior
courts prohibited from charging fees for recording veterans' discharge certificates ____________69, 164, 155, 188

HB 439-24-2727-Amending-Fees of clerk of superior court in counties of 100,000 to 110,000__370, 446, 449, 488, 738

HR 295-24-3347-Amending-Brief of

evidence ----------------------------------------------1121, 1190, 1369, 1469, 1765 SB 155-26-1601-Amending-Kidnapping

defined ------------------------------------1021, 1040, 1147, 1151, 1657 SB 205-Ch. 26-45-Amending-Escape or attempt
to escape after lawful arrest_________1483, 1496, 1596, 1604, 1674

SB 12-26-2609-Amending-Punishment for cattle

stealing -----------------------------------------------151, 169, 181, 185, 364, 406 SB 13-26-2611-Amending-Punishment for hog

stealing ---------------------------------152, 169, 181, 185, 856, 876, 884, 893 HB 353-27-90~Amending-Forfeitures of bonds
and recognizances _____________________________________250, 348, 365, 412, 869

HB 685-27-2511-Amending-Penalty on conviction of second or subsequent felony ____________________________556, 1149, 1359, 1762

1774

INDEX

HB 367-30-125-Amending-Removal of divorce disabilities ---------------------------------------------------------253, 290, 292, 390, 632
HB 464-32-706-Amending-Instruction in history, etc. --------------------------------------------------------416, 474, 482, 594, 895
HB 622-32-904-Amending-Compensation of board of education members in counties of 8,000 to 8,300 ________627, 753, 760, 815, 903
HB 694--,32-904-Amending-Compensation of members of board of education in counties of
4,520 to 4,820 ------------------------------------------------925, 964, 966, 1101, 1485 HB 674-32-2204-Repealing-State Board of Vocational
Education -----------------------------------------922, 964, 966, 1102, 1485 SB 77-34-19 CH-Voting machine in counties of
more than 300,000 and municipalities
therein ---------------------------------------------------------------457, 491, 537, 603, 615 SB 7-34-1303-Amending-When co.unt of votes
at election to begin ----------------------------------255, 274, 1525, 1531, 1689 SB 213-34-1904-Amending-Candidacy for election
in cities of 300,000 and more _______________1483, 1496, 1643, 1644, 1687 HB 133-34-3303-Amending-Absentee voting ________108, 372, 374, 411, 631 HB 133-34-3307-Amending-Absentee voting ________108, 372, 374, 411, 631 HB 972-34A-128-Amending- Electric membership
cooperatives, encumbrances of property,
etc. -----------------------------------------------------------1197, 1251, 1254, 1469, 1765 HB 614-35-204-Amending-Cost of patient care,
Milledgeville State Hospital __________________________602, 650, 671, 818, 896
HB 614-35-232 - 35-234-Repealing-Milledgeville State Hospital ----------------------------------------------602, 650, 671, 818, 896
HB 795-35-236- 35-237-Amending-Trial as to lunacy, patients at Milledgeville State
Hospital -----------------------------------------------------981, 1176, 1180, 1361, 1763 SB 137-Ch. 36-11-Amending-Condemna~ion pro-
cedure in counties and cities of 250,000 or
more ------------------------------------------------735, 769, 793, 799, 845, 872 HB 201-38-1501-Amending-Subpoena of
witnesses ---------------------------------------127, 181, 184, 219, 630, 945, 1693 SB 162-38-1603-Amending-Evidence of communi-
cations with insane person or one since deceased ___________________________________________________1355, 1161, 1523, 1531, 1672
SB 172-38-2101-Amending-Who may be examined on interrogatories ___________________________1251, 1259, 1546, 1642, 1732
SB 172-38-2403-Amending-Depositions, procedure _______________________________________________1251, 1259, 1546, 1642, 1732
SB 202-39-1103-Amending-Rates for legal advertising ____________________________________________1424, 1450, 1469, 1595, 1652
SB 202-39-1105-Amending-Official organs --------------------------------------------------------1424, 1450, 1469, 1595, 1650
HB 380-42-102-Amending-Chief Drug Inspector's
assistants --------------------------------------------------284, 452, 510, 577, 795
HB 381-42-205, 42-209-Amending-Concentrated feeding stuffs, inspection fees and tax stamps _____________________________________________284, 622, 628, 666, 691, 814, 894
HB 948-45-222-Amending-Non-resident fishing licenses and permits ____________________________________________1170, 1202, 1205, 1577, 1764
HB 25-45-402-Amending-Register for posting
lands ---------------------------------------------------------------------65, 260, 261, 301, 514
HB 271-45-503-Repealing-Fish sellers' Iicenses____ 193, 348, 353, 662, 836

INDEX

1775

HB 235-45-507-Amending-Illegal killing of
fish -----------------------------------------------------------------149, 203, 206, 971, 1761 HB 689-45-812-Amending-Oysters, shrimp ____925, 996, 1042, 1603, 1706 HB 689-45-818-Amending-Shrimp, crabs, oysters;
reports ----------------------------------------------------------925, 966, 1042, 1603, 1706 HB 689-45-819-Repealed-Shrimp, prawn, crabs;
taxation ---------------------------------------------------- 925, 966, 1042, 1602, 1706 HB 1-47-101-Amending-Apportionment of Members of
House of Representatives -------------------------------------------61, 81, 103, 256 HB 493-49-203-Amending-Sale or exchange of property
by guardians ------------------------------------------351, 360, 672, 676, 855, 871 SB 59-54-604-Amending-Employment Security
Act ----------------------------------------------------------------------351, 672, 676, 855, 871 SB 59-54-609-Amending-Employment Security
Act ---------------------------------------------------------------351, 672, 676, 855, 871 SB 59-54-622-Amending-Employment Security
Act ---------------------------------------------------------------351, 672, 676, 855, 871 SB 28-56-224-Amending-lnvestments by insurance
companies ---------------------------------------------183, 187, 258, 266, 390 HB 845-58-612-Amending-Furnishing liquor to
minors ---------------------------------1023, 1423, 1432, 1583, 1720, 1732 HB 111-59-106-Amending--Jury lists (women
to serve) --------------------------------------------89, 398, 405, 496, 537, 1693 HB 111-59-112-Amending-Persons exempt from
jury duty -------------------._______89, 398, 405, 496, 537, 1693
SB 169-59-112-Amending-Attorneys at law exempt from jury duty ------------------------1021, 1041, 1248, 1255, 1658, 1715
HB 111-59-201-Amending-Qualifications of grand jurors -------------------------------------------89, 398, 405, 496, 537, 1693
HB 640-Ch. 62-1-Amending-Recording of cattle brands and marks --------------~-------------------791, 1117, 1121, 1196, 1762
HB 937-67-1308-Amending-Reversion of title, deeds
to secure debt --------------------------------------1144, 1448, 1480, 1585, 1764
HB 186-67-2001, 67-2002-A.mending-Laborers' and materialmen's liens (architect included) _______________________________125, 181, 184, 217, 572, 595, 834, 847

SB 218-67-2003-Amending-Mechanics liens on

personalty --------------------------------------1527, 1545, 1668, 1672, 1692

HB 466-67-2004-Amending-Mechanics' and materialmen's

liens -----------------------------------------------416, 438, 447, 450, 551, 842, 851

SB 53-68-201-Amending---:-License and registration of

motor vehicles

351, 360, 476, 485, 863, 883

SB 50-68-202, 68-205, 68-206, 68-207-Amending-Registration

of motor vehicles -------------------------------------------351, 359, 476, 485, 853

HB 961-68-214-Amending-Automobile license

plates ---------------------------------------------1172, 1250, 1254, 1518, 1700, 1709

HB 128-Ch. 68-3-Repealing-See Uniform Act

Regulating Traffic on Highways ________92, 475, 481, 598, 622, 651, 994, 1053, 1133, 1240,

1586, 1603

HB 128-68-9917-Repealing-See Uniform Act

Regulating Traffic on Highways _______92, 475, 481, 598, 622, 651, 994, 1053, 1133, 1240,

1586, 1603

1776

INDEX

HB 12~8-9919-Repealing-See Uniform Act Regulating Traffic on Highways _______92, 475, 481, 598, 622, 651, 994, 1053, 1133, 1240,

1586, 1603 HB 12~8-9920-Repealing-See Uniform Act
Regulating Traffic on Highways _____92, 475, 481, 598, 622, 651, 994, 1053, 1133, 1240,

HB 128-68-9924-Repealing-See Uniform Act

1586, 1603

Regulating Traffic on Highways _______92, 475, 481, 598, 622, 651, 994, 1053, 1133, 1240,

HB 255-69-308-Amending-Damage actions against municipal corporations, demand

1586, 1603

prerequisite -----------------------------------------176, 396, 405, 944, 1661, 1664 HR 295-70-301-Amending-Brief of

evidence ------------------------------------------------1121, 1190, 1369, 1469, 1765 HR 295-70-305-Amending-Brief of

evidence ------------------------------------------1121, 1190, 1369, 1469, 1765 HB 504-71-102-Amending-Qualification of notaries

public --------------------------------------------------------.443, 630, 634, 944, 1762 HB 62-77-202-Repealing-County Convict

Camps -----------------------------------75, 114, 118, 141, 352, 380 HB 62-77-338-Repealing-County Convict

camps ------------------------------------------------75, 114, 118, 141, 352, 380 SB 198-77-391-Amending Assignment of prisoners to camps
and other places of detention__________1424, 1450, 1596, 1604, 1668
HB 853--77-602-Repealing-Juvenile Court Act

amended ------------------------------------------1024, 1120, 1124, 1262, 1661 HB 160-78-204-Amending pension for widows of

Confederate soldiers --------------------------112, 131, 134, 170, 374, 381 HR 295-81-103--Amending-Pleadings,

counts -----------------------------------------1121, 1190, 1369, 1469, 1765 HR 295-81-202-Amending-Service of

process ------------------------------------------------1121, 1190, 1369, 1469, 1765 HB 20-81-301-Amending-Continuation for failure
to serve copies of demurrers and

pleas -----------------------------------64, 113, 117, 139, 170, 171, 352 SB 187-81-1001-Amending-Amendment on order
not waiver of rights to object ___________1135, 1162, 1480, 1489, 1653

SB 186-83-102-Amending-Width of private

ways ------------------------------------1252, 1259, 1524, 1531, 1653 HB 408-83-120-Amending-Private ways, removal of

obstructions ---------------------------------322, 396, 406, 575, 869 SB 186-83-302-Amending-width of

tramroads ------------------------1252, 1259, 1524, 1531, 1653

SB 221-84-927-Amending-License of aliens to practice

medicine -----------------------------------------1488, 1497, 1525, 1531, 1655

HB 44-84-1105-Amending-Optometrists'

qualifications ------------------------------------------------68, 153, 155, 187, 514

HB 851-84-1401-Amending-License of real estate brokers and salesmen in counties having city of more than 17,500____1224, 1422, 1432, 1516, 1532, 1534, 1713

SB 191-84-1409-Amending-License and bond of real estate brokers and

salesmen ----------------------------------------1252, 1259, 1423, 1435, 1648, 1701

INDEX

1777

HB 251-84-1611-Amending-Billiard playing by

minors --------------------------------------------175, 204, 206, 279, 401 HB 187-84-9903-Amending-Unauthorized practice of
architecture ----------------------------------125, 630, 634, 739, 868 HB 155-85-707-Amending-Pension trusts, etc., cre-
ated by employer for employees

exempt ---------------------------------------111, 153, 156, 190, 401, 559 HB 389-85-1604-Amending-Appointment and com-
pensation of processioners ---------------------------285, 372, 375, 412, 633 HB 389-85-1610-Amending-Appointment and com-
pensation of processioners _________________ 285, 372, 375, 412, 633

SB 208-87-304-Amending-Time of filing excep-
tion to judgment in bond validation proceedings _____________1484, 1496, 1642, 1644, 1690, 1716, 1729

SB 208-87-405-Amending-Time of filing excep-
tion to judgment in bond validation proceedings ___________1484, 1496, 1642, 1644, 1690, 1716, 1729

HB 519-87-802, 87-803-Amending-Revenue Certificate Act _________________________________468, 604, 610, 659, 837

HB 519-87-809-Amending-Revenue Certificate

Act ____

__ _468, 604, 610, 659, 837

HB 321-92-2902-Amending-Motor vehicles, operating fees __________________________224, 349, 354, 1133, 1237, 1515, 1694

HB 536-92-3102-Amending-Corporation income
taxes -------------------------------471, 620, 631, 779, 895 HB 899-92-3106(c)-Amending-Personal exemptions,
income tax -------------------1111, 1190, i204, 1516, 1764 HB 535-92-3106-Amending-Personal income tax
exemptions ________________________________471, 620, 631, 779, 895

HB 542-92-3106(h)-Amending-Exemptions allowed trusts

and estates ----------------------------------------472, 621, 631, 780, 873, 880 HB 534-92-3107-Amending-Reporting income taxes on
installment plan _________________________471, 620, 631, 777, 895

HB 755-92-3109-Amending-Deduction for child care

expenses

956, 1120, 1121, 1193, 1482, 1498

HB 989-92-3109-Amending-Income tax, deduction of net

operating loss ---------------------------1244, 1373, 1377, 1505, 1698 HB 990-92-3109-Amending-Income tax

deductions --------------------------------1244, 1373, 1377, 1505, 1698 HB 537-92-3109-Amending-Deductions from gross
income _____________________471, 621, 674, 744, 872, 875

HB 538-92-3109-Amending-Income taxes ___________471,621, 631, 745, 896 HB 359-92-3119-Amending-Capital gains

and losses --------------------------------251, 332, 350, 389, 607 HB 538-92-3119-Amending-Income taxes ____________471, 621, 631, 745, 896 HB 538-92-3303-Amending-Income taxes __________471, 621, 631, 745, 896 HB 538-92-3305-Amending-Income taxes _____471, 621, 631, 745, 896 HB 167-92-3305-Amending-Interest on overdue
payments ________________122, 331, 350, 388, 836, 836

HB 566-92-4101-Amending-Municipal tax

rates

__________________507, 558, 562, 586, 870

HB 386-92-5301-Amending-Commissions of tax receivers and tax collectors __________________________285, 323, 372, 465, 634, 649, 759

HB 647-92-5707, 92-5708-Amending-Tax

liens -------------------------------------------------------830, 1147, 1149, 1239, 1762 SB 214-92-6201-Amending-County tax

returns ------------------------------------1213, 1220, 1450, 1479, 1612

1778

INDEX

HB 70-95-811-Amending-Adoption of Alternative Road Law by counties ____________________________________76, 181, 183, 213, 631
HB 104-95-1001-Amending-Defective bridges _______ 88, 204, 205, 246, 514 HB 654-95-1504-Amending-Powers and duties of State
Highway Department ________________________________919, 996, 1104, 1485, 1485
HB 366--95-2001-Repealing-Road signs and advertisements ------------------------------- 285, 323, 372, 465, 634, 649, 759
liB 115-97-1715-Amending-Condemnation of rights of way,
borrow pits, etc. --------------------------------------------------90, 447, 448, 550, 836 HB 564-99-1513(a)-Amending-Hospital Authorities, contracts
with municipalities __________________________________________506, 777, 792, 815, 896
SB 28-108-417-Amending-Investments by
trustees -------------------------------------------------------------183, 187, 258, 266, 390 SB 195-109-105-Amending-Capital stock of trust
companies -----------------------------------------------1252, 1259, 1478, 1490, 1693 HB 653-110-108-Amending-State depositories, bond
and security -------------------------------------------919, 1248, 1253, 1413, 1697 HR 295-110-401-Amending-Judgment without
jury ---------------------------------------------------1121, 1190, 1369, 1469, 1765 HB 855-113-1518-Amending-Executors and administrators,
investments ---------------------------------------------1024, 1147, 1150, 1195, 1763 SB 28-113-1518-Amending-Investments by administrators
and executors ----------------------------------------183, 187, 258, 266, 390 HB 17-92-6910-Amending-County tax assessments, agent
to seek out unreturned property ------------------. 64, 324, 328, 362, 607 HB 210-113-607-Amending-Petition to probate will in
solemn form ---------------------------------------------------144, 509, 517, 573, 871 HB 435-114-101-Amending-"Employee" defined _________369, 651, 815, 895 SB 161-114-101-Amending-Firemen and policemen
in cities of more than 300,000 not
"employees" ----------------------------------------------995, 1028, 1010, 1033, 1128

COURTS
SUPREME COURT
SB 129-Compensation of Justices .... 756, 769, 793, 799, 855, 875, 881, 893 HB !56--Compensation of Reporter and of Assistant
Reporter -------------------------------------------------111, 181, 183, 215, 401 SB 39-Justices Emeritus -----------------------------------351, 359, 371, 375, 453

COURT OF APPEALS

SB 129-Compensation of Judges ____ 756, 769, 793, 799, 855, 875, 881, 893

HB !56--Compensation of Reporter and of Assistant

Reporter

---------------------------------------- __________ 111, 181, 183, 215, 401

SUPERIOR COURTS
HB 811-Alapaha Circuit; reporter's salary________983, 1107, 1148, 1186, 1487 HB 459-Augusta Circuit; solicitor-general's
clerks ---------------------------------------------------------------.415, 671, 677, 761, 900 HB 140-Bacon; terms ----------------------------------------------------109, 231, 234, 268, 420 HB 987-Banks; terms -----------------------------------------1243, 1368, 1377, 1441, 1696 HB 987-Barrow; terms ----------------------------------------1243, 1368, 1377, 1441, 1696 HB 918-Blue Ridge Circuit; judge's salary ___1115, 1422, 1432, 1491, 1696

INDEX

1779

HB 906--Brunswick Circuit; reporter's compensation ----------------------------1112, 1188, 1203, 1256, 1528
HB 906--Camden; terms -----------------------------------1112, 1188, 1203, 1256, 1528 HB SO-Chattahoochee Circuit; judge's salary _________77, 129, 132, 158, 352 HB 697-Chattahoochee Circuit; solicitor-general's
compensation ------------------------------------926, 991, 997, 1053, 1431 HB 39-Cherokee; terms ------------------------------------67, 231, 234, 266, 402 SB 37-Clay; terms ------------------------------------67, 202, 205, 238, 400 HB 414-Coffee; terms --------------------------------------------343, 446, 448, 486, 734 HB 421-Cordele Circuit; fines and forfeitures ______345, 447, 448, 532, 795 HB 711-Coweta Circuit; judge's salary ______________________928, 997, 1034, 1214
HB 85-Coweta; terms -----------------------------------------------------------78, 231, 234, 267 SB 239-Eastern Circuit; additional judge _____1448, 1498, 1523, 1532, 1693 HB 316--Eastern Circuit; solicitor-general and
assistants ---------------------------------------------------223, 396, 406, 424, 582 HB 313-Fannin; terms ------------------------------------223, 258, 265, 298, 421 HB 330-Forsyth; terms -----------------------------------------226, 389, 406, 424, 582 HB 864-Fulton County; chief deputy clerk,
salary -------------------------------------------------------1025, 1116, 1125, 1158, 1429 HB 40-Gilmer; terms ---------------------------------------------------67, 231, 234, 266, 419 HB 900-Gilmer; terms -----------------------------------1111, 1145, 1150, 1187, 1430 HB 123-Gwinnett; terms ---------------------------------------------91, 231, 234, 268, 514 HB 987-Gwinnett; terms ------------------------------1423, 1368, 13'77, 1441, 1696 HB 987-Jackson; terms -----------------------------------1243, 1368, 1377, 1441, 1696 HB 465-Johnson; terms ---------------------------------------__416, 508, 517, 563, 758 HB 718-Lamar; clerk's compensation __________________929, 963, 968, 1006, 1214 HB 379-Lookout Mountain Circuit; fines and
forfeitures ------------------------------------------------------284, 398, 406, 424, 633 HB 822-Marion; terms _______________________________________985, 1147, 1150, 1187, 1428
HB 499-McDuffie; deputy clerk's salary _______,______442, 508, 519, 565, 759
HB 81-Muscogee; terms ----------------------------------------77, 129, 132, 158, 325 HB IS-Northern Circuit; solicitor-general's
salary ------------------------------------------------------64, 260, 261, 293, 480 HB 721-0conee; reporter's compensation __-_______ 929, 1119, 1121, 1152, 1485 HB 987-Piedmont Circuit; terms ____________________1243, 1368, 1377, 1441, 1696
HB 878-Putnam; terms -----------------------------------1047, 1117, 1125, 1159, 1430 HB 836--Rome Circuit; judge's salary __________987, 1116, 1123, 1155, 1428 HB 86--Stone Mountain Circuit; reporter's
salary -----------------------------------------------78, 260, 261, 293, 479, 538 SB 158-Talbot; terms --------------------------------------1135, 1161, 1175, 1185, 1212 HB 96--Tifton Circuit; solicitor-general's salary ___ 87, 259, 260, 294, 402 HB 913-Twiggs; terms ------------------------------1113, 1203, 1205, 1257, 1528 HB 770-Western circuit; reporter's salary ___958, 990, 999, 1037, 1376 HB 576--Compensation of clerk and assistants in counties of
26,225 to 26,550 ------------------------------------------555, 603, 611, 639, 901
CITY'COURTS
HB 120-Albany; compensation of judge and of solicitor ---------------------------------------------------------------90, 130, 133, 166, 327
HB 786--Albany; pretrial conferences _______________960, 1116, 1122, 1152, 1426 HB 817-Baldwin County; fees __________________________984, 1116, 1122, 1156, 1427
HB 1018-Baxley; amendments ---------------------------1365, 1420, 1433, 1492, 1714 HB 477-Blakely; salary of judge and of solicitor ____439, 508, 517, 563, 836 HB 29-Brunswick; judge's salary ----------------------------------66, 80, 81, 93, 230 HB 621-Buford; compensation of judge, sheriff
and clerk ----------------------------------------------------------627, 672, 675, 763, 902

1780

INDEX

HB 1012-Cairo; compensation of solicitor, clerk;

sheriff -----------------------------------------------------1363, 1421, 1432, 1491, 1694 HB 568--Carrollton; judge's salary _____________________________507, 603, 611, 638, 838

HB 981-Chattooga County; juries,

compensation ---------------------------------1199, 1248, 1255, 1382, 1598 HB 727-Claxton; judge's salary ----------------------930, 964, 969, 1007, 1375

HB 738--Clayton County; judge's and solicitor's

compensation --------------------------------------------931, 965, 969, 1008, 1216 HB 696--Columbus; solicitor's salary _____________________926, 965, 966, 1002, 1431 HB 90-Dalton; establishing Act _______________________________90, 129, 132, 164, 326

HB 215-Dublin; salary of judge and of

solicitor

__________145, 182, 184, 210, 402

HB 387-Eastman; procedure and practice_________________285, 347, 356, 379, 516

HB 860-Floyd County; judge's

salary --------------------------------------------1025, 1118, 1124, 1158, 1429 HB 221-Floyd County; trials, juries, procedures

and practice -------------------------------------147, 202, 206, 240, 403 HB 41-Hinesville; judge's salary ________________________________67, 80, 82, 95, 325

SB 15-Hinesville; judge's salary ---------------------------152, 169, 202, 208, 240 HB 401-LaGrange; judge's salary ______________________________288, 347, 356, 379, 837 SB 41-Ludowici; amendments _________________________________230, 241, 259, 266, 331 SB 125-Ludowici; judge's salary _____________________________609, 619, 670, 677, 801
HB 573-Macon; assistant solicitor _______________________508, 603, 611, 639, 839 HB 758--Macon; judge pro tern _______________________956, 991, 998, 1035, 1375

HB 927-Miller County; abolished ------------------1142, 1175, 1182, 1208, 1528 HB 720-0glethorpe; judge's salary ____________________929, 990, 997, 1034, 1214

HB 881-0glethorpe; procedure and practice ____1048, 1117, 1125, 1160, 1430

HB 382-Pembroke; judge's salary, terms,

procedure -----------------------285, 347, 356, 379, 516 SB 200-Polk County; judge's salary and

qualifications ----------------------------1374, 1385, 1449, 1479, 1535 HB 201-Polk County; pleading and
practice -------------~------------------------127, 181, 184, 219, 630, 945, 1693 HB 434--Richmond County; judge emeritus ______________369, 446, 449, 488, 738 HB 173-Savannah; judge's salary ___________________________123, 154, 156, 185, 352

HB 311-Sylvania; terms --------------------------------223, 259, 265, 298, 421, 459 HB 599-Sylvester; judge's salary, solicitor's salary, reporter,
practice and procedure ________________________600, 630, 635, 688, 902

HB 723-Valdosta; pleading, procedure and practice __ 929, 965, 1006, 1214
HB 735-Waycross; clerk's compensation ____________931, 965, 1008, 1483, 1502 HB 76--Waycross; judge's salary _________________________________77, 231, 234, 267, 419 HB 77-Waycross, procedure and practice ______,__________77, 231, 234, 267, 419

liB 75-Waycross; solicitor's salary ----------------------------77, 231, 234, 267, 419 HB 438--Assistant solicitor in counties of

108,000 to 112,000 --------------------------------------------370, 447, 449, 488, 738

CIVIL COURTS
HB 583-DeKalb County; clerk and deputies; liens --------------------------------------------------------------------556, 590, 628, 645, 839
HR 105-337-DeKalb County; lawbooks to; a resolution ______________________________________________ 228, 398, 407, 423, 610, 619
HB 935-DeKalb County; judge's salary __________1143, 1175, 1182, 1209, 1487 SB 101-Fulton County; judges and solicitor ____________756, 769, 792, 799, 844 HB 104--Fulton County; compensation of clerks
and marshals --------------------------------------------------------88, 204, 205, 246, 514

INDEX

!781

CRIMINAL COURTS
SB 101-Fulton County; judges and solicitor ______756, 769, 792, 799, 844 HR 119-362h-Fulton County; lawbooks to;
a resolution -------------------253, 477, 484, 523, 757, 773 HB 858---Fulton County; retirement system
amended _________________1025, 1118, 1124, 1157, 1696

COUNTY COURTS HB 505-Echols; establishing Act ____________________________443, 590, 603, 614, 795

JUVENILE COURTS SB 95-Employees in counties of less
than 50,000 ____________________582, 588, 606, 614, 853, 871

MUNICIPAL COURTS
HB 368---Augusta; salaries ____________________254, 290, 292, 330, 457 HB 1015-Augusta; attachments _______________1363, 1421, 1433, 1492, 1695 HB 977-Columbus; compensation of marshal
and deputies ----------------------------1198, 1250, 1254, 1381, 1597 HB 734-Savannah; associate judge's salary _____931, 965, 969, 1256, 1528

COUNTIES AND COUNTY MATTERS-NAMED COUNTIES
HB 411-Atkinson; tax commissioner _____________322, 447, 448, 486, 757 HB 589-Augusta-Richmond County Building Authority
Act repealed ___________________580, 606, 613, 641, 839
HR 49-220e--Bacon; special tax for promotion purposes; proposed amendment to the Const. ____146, 201, 207, 694, 709, 897
HB 976-Bacon; Alma-Bacon County. Planning Commission ----------------------------------1198, 1248, 1254, 1381, 1695
HR 165-Bacon; law books to ______________________600, 670, 676, 762, 1423, 1499
SR 20--Baker; board of education; proposed amendment to the Const. ___________________________352, 358, 446, 450, 694, 729
SB 52--Baker; commissioners ______________________________325, 359, 509, 520, 569 HB 416-Baldwin; commissioners salary _______________343, 446, 448, 486, 734 HB 823--Baldwin; commissioners, terms,
election --------------------------------------985, 1028, 1116, 1123, 1155, -1486 HR 317-Bartow; board of education; proposed amendment to
the Constitution --------------------------------1247, 1383, 1419, 1564, 1697 HB 423--Ben Hill; commissioners _______________________345, 509, 517, 562, 738, 770
HB 914-Berrien; tax commissioner's compensation ----------------------------------------1113, 1145, 1151, 1188, 1431
HB 2--Bibb; board of public education and orphanage, land conveyance -----------------------------------------------61, 113, 117, 137, 256
HB 262--Bibb; commissioner's compensation __________ 177, 258, 263, 294, 403 HR 156-547lr-Bibb; law books to;
a resolution ______________________________________________473, 612, 637, 872, 877
HR 265-Bibb; building regulations; proposed amendment to the Const. ---------------------------------.989, 1174, 1184, 1315, 1699, 1718
HB 966-Bibb; candidacy of officers and representatives -------------------------------------1173, 1201, 1204, 1257, 1528
HB 764-Bibb; Federal Social Security Act--application to county employees -------------------------- 957, 990, 998, 1036, 1375

1782

INDEX

HB 308--Bibb; legislative powers; proposed amendment to the Const. ~ ~~222 HB 258--Bibb; Macon-Bibb County Board of Health;
proposed amendment to the Const. ---~988, 1116, 1126, 1297, 1599 HB 807-Bibb; pension plan ---~~-~-~---~~~~--~---------------983, 1116, 1122, 1153, 1426 HB 719-Bibb; pension system abolished ________________ 929, 963, 968, 1006, 1214 HB 979-Bibb; roads in subdivided
areas ------------~--------------------------------1198, 1384, 1420, 1435, 1702, 1751 HB 60-Bleckley; compensation of officers _______ 71, 202, 205, 238, 402, 673 HR 261-Brantley; tax for promotion of industry and
agriculture; proposed amendment to the
Constitution ----------------------------------------------989, 1115, 1127, 1312, 1577 HR 153-533d-Brooks; land conveyance authorized;
a resolution ------------------------------------------------------.470, 511, 520, 576, 840 HB 219-Bryan; ordinary's compensation -----------------145, 231, 235, 270, 479 HB 611-Bulloch; commissioners ----------------------------------601, 670, 675, 762, 902 HB 577-Bulloch; tax commissioner ___________________________555, 603, 611, 639, 901 HR 289-Bulloch; board of education; proposed amendment
to the Const. -------------------------------------------1114, 1174, 1185, 1328, 1601 SB 11-Burke; ordinary's compensation ---------------------------~151, 169, 202, 240 SB 154-Burke; county pension system
created --------~---------------------------------------------995, 1009, 1117, 1127, 1160 HB 122-Butts; commissioners --------------------------------------91, 129, 133, 166, 327 SR 78--Candler; lawbooks to ----------------------------1374, 1386, 1422, 1435, 1494 HB 567-Carroll; tax commissioner's salary _____________ 507, 603, 610, 638, 838 HR 166-Carroll; lawbooks to __________________________602, 755, 760, 800, 1134, 1499 HB 305-Catoosa; commissioners ~------------------------------222, 259, 264, 297, 420 HB 172-Chatham; commissioners --------------------------------123, 231, 234, 268, 404 HB 418--Chatham; homestead exemptions ---------------344, 446, 448, 487, 835 HB 372-Chatham; pension system _____________________________254, 346, 355, 378, 515 HB 342-Chatham; traffic commissioner for Savannah and
Chatham County ---------------------------------------------~248, 290, 292, 329, 457 SB 166-Chatham; conveyance of lands on McQueens Island to
Chatham County ---------'--------------------------1121, 1041, 1177, 1186, 1650 HR 312-Chatham; school tax; proposed amendment
to the Const. -------------------------------------------1246, 1522, 1531, 1638, 1714 HB 307-Chattahoochee; superintendent of roads.----.222, 259, 264, 297, 420 HR 162-548a-Chattooga; lawbooks to;
a resolution ~---------~-------------------------------------556, 605, 612, 640, 872, 877 HB 782-Chattooga; candidacy of Representatives to
General Assembly _______ --------~--------------------960, 991, 999, 1039, 1215 HB 984-Cherokee; commissioner's
compensation ------------------------------------------1199, 1248, 1255, 1382, 1598 HB 985-Cherokee; compensation of officers and
employees ----------------------------------------------1199, 1248, 1255, 1382, 1598 SR 85-Cherokee; school system; proposed amendment to
the Constitution -------------------------------------1425, 1451, 1478, 1491, 1573 HR 138-439b-Clarke; board of education; proposed amendment
to the Constitution ~--------~-------~-----370, 395, 408, 694, 721, 724, 898 HB 211-Clay; commissioners -------------~----------------~--~---144, 231, 235, 270, 404 HB 467-Clayton; commissioner ~---------~---------~~-~-----------.416, 508, 517, 563, 835 HR 216-Clayton; board of education; proposed amendment
to the Constitution ---~-------------------~------- 932, 1116, 1126, 1268, 1600 HB 741-Clayton; commissioner; compensation,
clerks ______ ---- ________ -------~------------- _________ __ 932, 963, 970, 1009, 1216
HB 740-Clayton; superior court clerk, sheriff, other
county officers, deputies and clerk's compensation --------------~----------------------------------~931, 963, 970, 1009, 1216

INDEX

1783

HB 739-Clayton; tax commissioner's
compensation -----------------------------931, 964, 970, 1008, 1216 HR 288---Clayton; waterworks and sewerage bonds; proposed
amendment to the Const. ________1114, 1174, 1185, 1326, 1601 SB 42--Clinch; commissioners ___________________230, 241, 509, 520, 566, 569 HB 507-Cobb; commissioners ___________________________444, 508, 519, 566, 759, 810 HB 430--Cobb; compensation of officers ____________________369, 446, 449, 487, 737 HB 506-Cobb; planning commission ______________443, 508, 519, 565, 759, 774 HB 431-Cobb; tax commissioner's compensation _____369, 446, 449, 487, 737 HB 996-Cobb; commissioner and advisory
board zoning ----------------------------1245, 1384, 1522, 1539, 1713 HB 1013-Cobb; commissioner's contracts _______1363, 1479, 1489, 1605, 1714 HB 997-Cobb; planning commission;
zoning -------------------------------------------------1245, 1384, 1522, 1542, 1714 HB 993-Cobb; public roads, control and
use of --------------------------------------------------1244, 1384, 1522, 1537, 1713 HR 130-420b--Coffee; board of education; proposed
amendment to the Constitution _____344, 395, 407, 694, 714, 898 HR 131-420c-Coffee; board of education; proposed
amendment to the Constitution ________344, 396, 407, 694, 718, 898 HB 301-Coffee; tax commissioner's salary __________221, 259, 264, 296, 421 HR 116-362e-Coffee; tax for promotion purposes; proposed
amendment to the Constitution ____________252, 289, 293, 694, 712, 898
HB 816-Coffee; compensation of clerical assistant for ordinary ---------------------------------984, 1116, 1122, 1154, 1427
HR 304-Coffee; school system; proposed amendment to the Constitution ------------------------1171, 1200, 1204, 1337, 1697
HB 619-Colquitt County Airport Authority ___________627, 670, 675, 763, 902 HB 291-Columbia; commissioners' compensation ____ 197, 258, 264, 296, 400
SR 32--Cook; lawbooks to; a resolution ----------------609, 619, 755, 761, 800 SB 72--Cook; tax commissioner's compensation ____399, 409, 670, 676, 800 HR 25-87h-Coweta; lawbooks to;
a resolution -----------------------------------------79, 204, 207, 239, 458, 540 HB 706-Coweta; representatives in General Assembly,
candidacy -----------------------------------------------927, 964, 967, 1003, 1213 HB 117-Crawford; commissioners ----------------------------90, 128, 133, 165, 326 HR 159-578a-Crisp; lawbooks to;
a resolution _:__________________________________________555, 605, 612, 640, 872, 878
HB 834-Dade; tax commissioner's
compensation --------------------------------------------987, 1116, 1123, 1155, 1428 HB 495-Decatur; contracts with City of Bainbridge for
fire protection ______________________________________________442, 476, 483, 531, 737
HB 494-Decatur; contracts with City of Bainbridge for fire protection ____________________________________________442, 476, 483, 531, 737
HB 704-Decatur; commissioner's financial
statement ----------------------------------------------------.927, 964, 967, 1003, 1213 HB 400--DeKalb; commissioners _________________________288, 347, 356, 678, 872, 876 HB 584-DeKalb; commissioner's salary ____________________556, 590, 628, 645, 839
HB 455-DeKalb; local government commission ________ 394, 447, 450, 490, 654 HR 322--DeKalb; education tax; proposed amendment
to the Constitution ---------------------------1364, 1419, 1434, 1571, 1697 HB 863-DeKalb; pension system ----------------------1025, 1116, 1158, 1424, 1501 HB 829-DeKalb; retirement system repealed; new
system provided _______________________________________986, 1116, 1123, 1154, 1428
HB 552--Dooly; commissioners -------------------------------------505, 603, 610, 638, 838 HB 147-Dougherty; solicitation of votes near
polling places --------------------------------------------------- 110, 290, 291, 329, 418

1784

I'N D E'-X

HB 293-Dougherty; tax commissioner _:___~--------------~197, 258, 264, 296, 479
HB 69g.;.:_Dougherty; government merged with Albany -------~-:_________________________________________________925, 964, 966, 1001, 1528

HB 699-Doughetty;_tax receiver's compensation --------------------------------:~______________926, 964, 967, 1002, 1217
HR 21g_:_Dougherty County-Albany, merger of governments;
proposed .amendment to the _Con!'ititution ___________________________:_____________________932,- 963, 970, 1271, 1529

HB H.B HR . HB

289_:_Doughis; commissioners' compensation; clerk .----------.--------~---------:____________:_________________________196, 258, 263, 296, 400
. gg_.:_Echols; boa:r:d of education; purchases ---------------~--------~-------------------------67, 129, 131, 157, 257, 277 144-515a-Echols; board of education; proposed amendment to the Constitution _______________________________445, 474, 484, 694, 726, 898
87-Echols; co~issionets __'__:______________________________78, 129, 132, 159, 257

HB 835:_Elbert; commissioner's

_

compensation _____:___________________~------------------987, 1116, 1123, 1155, 1428

HB 812_:Elbert sc:hhol system -~----------~---}_,:_______:___984, J,116, 1122, 1153, 1427

HR 259-Elbert; school system; proposed amendment
to th~ Constitution ___________________________988, 1116, 1126, 1305, 1599

HB 813-Elbert; sheriff's compensation ________984, 1116, 1122, 1153, 1427 HB 492--Emanuel; commissioners _________________________441, 508, 518, 565, 758

HB 780-Evans; commissioner's



.compensation -------------------------------------959, 990, 999, 1019, 1038, 1215 : HB . 265-Fannin; commissioner ---------------------------193, 258, 263, 294, ~30, 420

HB 594--:-Floy-Q.;. 'candidacy for House of



Representatives -------------------------------------------580, 603, 612, 641, 835 HB. 148-Floyd; commissioners _-___________________110, 129, 134, 167, 327, 757

HB' 149_:_Floyd; commissioners --------------------------------110, 129, 134, 168, 328

HB liB

'31373~-FFloorysdy;thw; astheir:!1risfaf'nsitcaotimopne, nfsiaretiopnr

otection ____ 123, 258, __________________________ 259,

262, 265,

294, 299,

404 479

HB ~79-Forsyth; indebtedness for
buildings -------------------------------:-------------1048, 1117, 1129, 1159, 1430 HB 880-Forsyth; zoning regulation,
administration _______________________________________1048, 1117, 1125, 1160, 1430

HB 601-Franklin; commissioner of roads and bridges _____________________________:____________________________600, 670, 675, 762, 902

HB 638-Franklin; treasurer's salary -----------------------752, 792, 798, 843, 1022 SB 130-Fulton; board of education ___________________________632, 645, 670, 677, 764

SB 109-Fulton; board of education employees _______ 513, 536, 603, 613, 643 SB 10~Fulton; building inspection ____________________________512, 535, 603, 612, 642
SB 108-Fulton; civil service system ________________________513, 536, 603, 613, 643

SB 100-Fult.on; collection of City of Atlanta

taxes ------------------------------------------------------------------734, 768, 792, 798, 843
SB 105-Fulton; fire protection -----------------------------------513, 536, 603, 612, 642 SB 106-Fulton; group insurance of employees ________513, 536, 603, 612, 643 SB 98-Fulton; health and sanitation ______________________512, 535, 603, 612, 642

HB 485-Fulton; judges' and solicitor-generals' retirement fund ____________________________________________441, 508, 518, 564, 901
SB 102-Fulton; retirement system ____________________________512, 535, 603, 612, 642
SB 176-Fulton; board of education, funds _______1021, 1041, 1117, 1127, 1161 SB 210-Fulton; civil service board;
amendments ----------------------------------------------1213, 1220, 1450, 1479, 1533 SB 23~Fulton; civil service system

amended ----------------------------------------------------1484, 1497, 1522, 1532, 1611 HR 248-Fulton; conveyance to, of surplus expressway
lands ___________________________________________________________962, 1149, 1151, 1292, 1713

INDEX

1785

SR 27-Fulton; road work in certain incorporated ateas; proposed amendment to the Constitution _______797, 809, 832, 842, 1342, 1483

SR 71-Fulton; school debt; proposed amendment

'

to the Constitution ________________________________1180, 1191, 1200, 1205, 1348

SR 70-Fulton; school tax, homestead exemption; proposed amendment to the Constitution __________1179, 1191, 1200, 1205, 1346

SB 159--'-Fulton; taxation ____,_____995, 1010, 1028, 1032, 1127, 1139, 1140, 1645, 1701
HB 617--'-Gilmer; commissioner _________________________________627, 670, 675, 763, 902

HB . 24~Gilmer; board of education; proposed amendment

to the Constitution -------------------------------961, 1115, 1126, 1287, 1602 HR 245-Glynn; lawbooks to ______________________________961, 1119, 1126, 1160, 1431

HR 227-Glynn; lawbooks to ______________934, 1028, 1032, 1053, 1482, 1499

HB 71~Glynn; ordinary's retirement ___________________928, 990, 997, 1034, 1214

HB 334-Gordon; commissioner's compensation __.____226, 258, 265, 299, 421

HR 103-337b-Gordon; lawbooks to;. a resolution ____228, 398, 407, 423, 633 SB 182-Greene; commissioner _______________________1212; 1220, 1449, 1479, 1535

HB S28-Greene; tax commissioner ___________________986, 1116, 1123, 1154, 1428

HR 320--Gwinnett; water, sanitation, sewerage and.

fire protection authority; proposed amendment to the Constitution __________________1364, 1419, 1434, 1568, 1697

HB 129-42a.-Habersham; lawbooks to; a resolution ________________________________ 344, 447, 484, 523, 757, 773

HB 420--Habersham; zoning ______________________________________344, 446, 448, 487, 734

HB 632-Habersham; Gas Distribution Authority

established --------------------------------------~----'---------699, 792, 798, 875, 1022 HB 628---:-Habersham; Water Authority created ______668, 753, 760, 874, 1022

HB 184-Hall; commissioners ---------------------------------125, 231, 235, 269, 404

HB 178-Hall; zoning ---------------------------------------------------124, 231, 235, 269, 404 HB 644-Hall; commissioners,

recall ---------------------------------------------------791, 847, 867, 873, 1217, 1452 HB 808-Hall, representatives in General Assembly,

candidacy ------------------~---------------------983; 1175, 1181, 1206, 1486 HR "115-3620--Haralson; lawbooks to;

a resolution --------------------------------------252, 347, 357, 377, 560, 589 HR 114-362e-Haralson; lawbooks to;
a resolution ______________________________________________252, 477, 484, 522, 757, 774

HR 274-Haralson; board of education; proposed amendment

to the Constitution --------------------------------1026, 1116, 1127, 1319, 1602 HB 865-Harris; commissioners __________________________1026, 1116, 1125, 1159, 1429

SB 14-Hart; tax commissioner's compensation _____________152, 202, 207, 240

HB 980--Henry; treasurer's statement

of receipts ----------'------------------------------------1199, 1248, 1255, 1381, 1598 HB 999-Henry; zoning and planning

commission --------------------------------------------1245, 1368, 1378, 1442, 1696 HB 479-Houston; commissioners'
compensation ___________________________________________________.440, 508, 517, 563, 758

HB 480--Houston; tax receiver's commissions _____________________________________________________.440, 508, 518, 564, 758
1
HB 385-lrwin; commissioners' compensation ___________________________________________________ 285, 324, 329, 358, 479

HB 384-Irwin; tax commissioner _______________________________________ 285, 356, 379, 516

HB 815-Irwin; commissioner's compensation ___984, 1116, 1122, 1154, 1427 HB 28g_:_Lamar; commissioner's compensation ________196, 258, 263, 295, 420

HB 33-Lamar; tax commissioner's compensation ____66, 129, 131, 157, 325

HB 715-Lamar; commissioners of roads and revenues,

districts, election -----------------------------------------928, 964, 968, 1005, 1214

1786

INDEX

HB 588---Lanier; tax commissioner's salary ______________580, 603, 611, 640, 83~
HR 246--Laurens; board of education; proposed amendment to the Constitution -------------------------------962, 1201, 1204, 1290, 1602
HB 352-Lincoln; commissioners --------------------------------250, 347, 355, 377, 515 HB 612-Lincoln; tax receiver's compensation __________ 602, 627, 629, 690, 871
HR 286--Lincoln; board of education; proposed amendment to the Constitution ------------------------------1113, 1175, 1185, 1323, 1601
HB 942-Lincoln; tax commissioner _______________1145, 1175, 1183, 1211, 1486 SB 68---Long; commissioners' clerk ________________________399, 409, 509, 520, 587 HB 444-Long; sheriff's compensation __________________393, 444, 449, 489, 758 HR 148-515e-Macon; lawbooks to; a resolution ________445, 477, 485, 524, 771 HB 605-Marion; commissioners ____________________________601, 650, 670, 689, 902 SB 87-Marion; sheriff's salary _______________________________478, 491, 509, 520, 569 SB 141-Marion; tax commissioner ____________________________735, 770, 792, 799, 846 SB 88---Marion; treasurer's salary _________________________478, 492, 509, 521, 570 HB 788---Marion; treasurer's salary ____________________961, 991, 1000, 1039, 1216
HB 547-Monroe; tax commissioner's compensation ______________________________________________________472, 628, 636, 688, 903
HB 417-Montgomery; commissioners __________________________344, 446, 448, 486, 734
HR 135-433a-Morgan; lawbooks to;
a resolution -----------------------------------------------369, 477, 484, 523, 757, 772 HB 306--Murray; tax commissioner's salary ____222, 259, 264, 297, 458, 539 HB 84-Muscogee; board of health ______________________78, 132, 159, 326, 347, 421
HB 82-Muscogee; commissioners ---------------------------78, 129, 132, 158, 325 HB 83--Muscogee; commissioners ________________________78, 129, 132, 159, 326
HB 695-Muscogee; board of education, appointments -------------------------------------------------926, 964, 966, 1001, 1431
HR 242-Muscogee; street and sidewalk improvements; proposed amendment to the Constitution ____________961, 1115, 1126, 1284, 1529
HR 108-337b-Newton; lawbooks to; a resolution ______________________________________________346, 477, 484, 523, 757, 772
SR 74-Newton; exchange of lands with Newton County Board of Education; a resolution ------------------------------------------1136, 1162, 1177, 1186, 1648
HB 442-0glethorpe; commissioners ____________________________393, 446, 449, 489, 738 HB 615-Paulding; tax commissioner ______________________626, 670, 675, 762, 902
HB 743--Pickens; commissioner's compensation ____932, 963, 970, 1009, 1215 SB 123-Pike; commissioners' compensation ____________609, 619, 670, 677, 764 HR 134-421a-Pike; lawbooks to;
a resolution --------------------------------------------346, 477, 484, 523, 757, 772 HR 24-876--Polk; lawbooks to; a resolution ______79, 204, 207, 238, 458, 541 HB 193-Quitman; commissioners _____________________126, 231, 235, 269, 559, 588 HB 190-Quitman; ordinary's compensation ___________ 126, 231, 235, 269, 404 HB 191-Quitman; sheriff's compensation __________________ 126, 231, 235, 269, 404
HB 905-Quitman; commissioners ----------------------1112, 1145, 1151, 1188, 1430 HR 31-124c-Rabun; lawbooks to;
a resolution ------------------------------------------------91, 204, 207, 239, 458, 538 HB 707-Rabun; tax commissioner, election,
compensation --------------------------------------------------927, 964, 967, 1004, 1213 HR 252-Rabun; tax for promotion of industries; proposed
amendment to the Const. ________________________963, 1115, 1126, 1294, 1599 HB 419-Randolph; tax commissioner ________________________344, 446, 448, 487, 795
HB 610-Richmond; board of health pension
system ------------------------------------------------------------------344, 446, 448, 487, 795 HB 436--Richmond; commissioners ______________________________370, 447, 449, 488, 738
HB 340-Richmond; election of members of board of education ------------------------------------------------------- 228, 324, 328, 357, 479

INDEX

1787

HB 332--Richmond; occupation taxes and licenses ___ 259, 265, 299, 421, 459 HB 371-Richmond; street and sidewalk
improvements -------------------------------------------254, 347, 355, 378, 515 HB 940-Richmond; board of health _______1144, 1175, 1183, 1209, 1487 HR 300-Richmond; license and regulation of busi-
nesses; proposed amendment to the Constitution -----------------------------1143, 1174, 1185, 1331, 1699, 1719 HB 1030-Richmond; pension system
amended ------------------------------------------------1367, 1420, 1434, 1494, 1714 HB 483-Rockdale; attorney's salary ________________..440, 508, 518, 564, 758 HB 482-Rockdale; commissioners ________________________440, 508, 518, 564, 758 HB 304-Rockdale; commissioner's salary ___________222, 259, 264, 297, 420
HB 761-Rockdale; commissioner's
compensation -------------------------------------957, 1116, 1121, 1152, 1528 HB 259-Seminole; tax commissioner --------------------------------177, 263, 330, 456 HB 413-Spalding; commissioners _______________________322, 509, 517, 562, 758
HB 415-Spalding; Griffin-Spalding County school system ________________323, 492, 509, 521, 758
HB 710-Spalding; board of education; candidates; elections _____________________928, 964, 968, 1004, 1180
HB 159-Stewart; sheriff's compensation _______112, 231, 234, 258, 268, 401 SR 96--Stewart; board of education; proposed amendment
to the Constitution -------------------------------1527, 1545, 1594, 1604, 1702 HR 315-Stewart; school system; proposed amendment
to the Constitution -------------------------------1246, 1368, 1379, 1561, 1714 HB 175--Sumter; ordinary's compensation ________________ 123, 202, 205, 239, 401 SR 35--Sumter; exchange of lands with; a resolution __________________1374, 1490 HB 280-Sumter; land conveyance to, authorized;
a resolution -------------------------------------------1048, 1177, 1185, 1241, 1484 SB 22--Talbot; compensation of commissioners ______152, 169, 202, 208, 241 SR 8-Talbot; lawbooks to; a resolution ________________152, 169, 477, 485, 522 SB 55--Talbot; tax commissioner's
compensation -----------------------------------------------------351, 360, 509, 520, 587 H;B 222--Taliaferro; board of education
expenditures ------------------------------------------------147, 231, 235, 270, 403 HB 226--Taliaferro; board of education
purchases ----------------------------------------------------------147, 231, 236, 271, 403 HB 223-Taliaferro; commissioner's
expenditures -----------------------------------------------------147, 231, 236, 270, 403 HB 227-Taliaferro; commissioners' purchases _________148, 231, 236, 271, 403 HR 139-439c-Taliaferro; land conveyance to, authorized;
a resolution -------------------------------------------------------370, 453, 511, 573, 840 HB 491-Tattnall; ordinary's compensation _____________.441, 508, 518, 564, 758 SB 124-Taylor; compensation of commissioners ______609, 619, 670, 677, 843
SB 48-Telfair; commissioner ----------------------------------325, 359, 509, 520, 617 HB 283-Telfair; sheriff's salary ---------------------------------195, 258, 263, 295, 400 SB 47-Telfair; tax commissioner ________________,_____________325, 359, 509, 520, 617 HB 521-Thomas; depository __________________________________________468, 628, 634, 687, 901
HR 302--Thomas; school system; proposed amendment
to the Constitution ---------------------------------1171, 1218, 1368, 1547, 1714 HR 18-87a-Tift; board of education; proposed amendment
to the Constitution _________________________________78, 201, 206, 694, 701, 897
SB 36--Toombs; commissioner's compensation and expenses, clerk _______________________________________________200, 211, 259, 266, 300
HR 235-Towns; lawbooks to __________________________________935, 1028, 1032, 1053, 1484 HB 528-Treutlen; commissioners' clerk _____________________.469, 628, 635, 687, 901 HB 527-Treutlen; ordinary's compensationn ___________469, 628, 635, 687, 901

1788

INDEX

HB 530-Treutlen; tax commissioner's compensation _____________________________________________________469, 628, 635, 688, 901
HB 982--Troup; pension system amended ______1199, 1248, 1255, 1382, 1598 HB 310-Turner; commissioners' bond; clerk; warden;
county attorney; county physician ______________ 223, 258, 264, 298, 420
HR 99-337c-Turner; lawbooks to; a resolution _______________________________________________227, 477, 484, 522, 757, 773
HB 309-Turner; sheriff's bond --------------------------------222, 259, 264, 298, 420 HB 726--Turner; commissioner's compensation __.930, 964, 969, 1006, 1214 HB 916--Twiggs; commissioners -----------------------1113, 1145, 1151, 1188, 1431 HR 121-374a-Union; lawbooks to;
a resolution -------------------------------------------254, 477, 484, 523, 757, 772 HB 404--Union; tax commissioner's salary _____________ 288, 347, 356, 380, 516 HB 433--Upson; commissioners __________________________369, 589, 620, 573, 761, 895 HR 290-Upson; lawbooks to ____________________1114, 1422, 1434, 1491, 1701, 1718 HR 20-87c-Ware; lawbooks to;
a resolution --------------------------------------------79, 204, 207, 238, 458, 589 HR 237-Ware; Waycross and Ware County develop-
ment authority; proposed amendment to the
Constitution ---------------------------------------935, 1116, 1126, 1278, 1602 HB 146--Warren; commissioner, compensation
and expenses ------------------------------------------------------110, 129, 134, 167, 327 HB 351-Warren; tax commissioner ____________________________250, 347, 354, 376, 515 HB 192-Warren; tax receiver's
compensation ------------------------------------------126, 202, 205, 239, 404, 842 HB 514--Wayne; tax appraisals _____________________________________445, 508, 519, 566, 759 HB 268-Wayne; tax commissioner's salary ______________ 193, 258, 263, 295, 420 HR 329-Wayne; lawbooks to __________________1366, 1422, 1435, 1493, 1732, 1752 HB 593-White; White County-Cleveland planning
commission ---------------------------------------------------------580, 604, 611, 641, 835 HB 89-Whitfield; commissioners -----------------------------80, 129, 132, 164, 326 HB 88-Whitfield; tax commission ------------------------------79, 129, 132, 164, 326 HR 43-202c-Wilcox; lawbooks to;
a resolution --------------------------128, 204, 207, 240, 458, 771 SB 193--Wilkes; commissioners ______________1212, 1219, 1449, 1479, 1536, 1649 HB 597-Wilkinson; compensation of
commissioners --------------------------600, 670, 675, 761, 901
COUNTIES AND COUNTY MATTERS-BY POPULATION
HB 409-Abandoned open wells or holes in counties
of 4,520 to 4,820 ------------------------------------------------322, 447, 448, 485, 734 HB 370-Assistant solicitor-general in counties of
108,000 to 112,000 ---------------------------------------------254, 346, 355, 378, 515 HB 451-Boards of education; compensation of members in
counties of 62,800 to 63,000 ________________________394, 446, 450, 489, 835
HB 484--Boards of education, compensation of members in counties of 8,000 to 8,300; Code Section 32-904 amended __________________________________440, 510, 518, 576, 836
HB 911-Boards of education in counties from
24,600 to 24,800 --------------------------------------1113, 1145, 1151, 1188, 1431 SB 131-Budget in counties of 300,000
or more ------------------------------------------------------631, 646, 670, 677, 802, 871 HB 290-Building inspector in counties of
9,500 to 9,550 ------------------------------------------------------197, 258, 263, 296, 400 SB 110-City-County board of tax assessors in counties of
300,000 or more ---------------------------------------------632, 645, 670, 677, 764

INDEX

1789

SB 79-City-County board of tax assessors in counties of 300,000 or more ___________________________________457, 491, 809, 831, 874, 903
SB 160-City-county board of tax assessors in counties of 300,000 or more _______995, 1010, 1028, 1033, 1128, 1139, 1140, 1616
HB 292-Compensation of clerk of superior court, sheriff, tax commissioner in certain counties
(Ga. L. 1943, pp. 433-438) -----------------------------197, 258, 264, 330, 456 HB 730-Compensation of members of board of educa-
tion in counties of 4,520 to 4,820; Code Section 32-904 amended _______________________930, 990, 997, 1034, 1215
SB 137-Condemnation procedure in counties and cities of
250,000 or more --------------------------------------735, 769, 793, 799, 845, 872 HB 1028--Consolidation of schools in counties of
9,150 to 9,210 __________________________1367, 1420, 1434, 1493, 1652, 1659
HB 163-Coroners and coroner's jurors; fees in counties
of 49,000 to 60,000 ------------------------------------112, 258, 262, 294, 402 H;B 74--Coroner's fees in counties of 30,000 to 30,500;
Code Sec. 21-105 amended -------------------------77, 231, 234, 267, 419 HB 694-Costs in divorce cases in counties of
115,000 to 135,000 _____________________925, 964, 966, 1001, 1485
HB 62-County convict camps; Code Sections 77-202,
77-338 repealed ---------------------------------------75, 114, 118, 141, 352, 380 .HB 6--County welfare departments, destruction of
obsolete case records -----------------------------62, 81, 81, 105, 352 HB 364-Court reporters in counties having a city of
65,000 to 95,000 ____________________253, 347, 355, 377, 515
HB 374-Fines and forfeitures; distribution in counties of
6,700 to 6,740 ---------------------------------------254, 324, 328, 358, 479 HB 118--Fines in traffic cases in counties of
7500 to 7600 --------------------------90, 125, 133, 165, 326 SB 103-Health regulations in counties of
300,000 or more ---------------------512, 535, 620, 628, 645 HB 732-Hunting or fishing without license; jurisdic-
tion of court of ordinary in counties of
14,450 to 14,650 --------------------------------------930, 963, 969, 1007, 1431 HB 281-lndex of instruments affecting property in
counties to 12,160 to 12,190; Code Section
24-2715 amended ------------------------------------------195, 265, 263, 295, 400 HB 941-Instruments conveying real or personal
property; records in counties of 18,600 to 18,900; Code Section 24-2715 amended ____1144, 1178, 1183, 1210, 1486 HB 866--Law libraries in counties of
33,900 to 34,000 --------------------------------1026, 1117, 1125, 1159, 1430 HB . 377-0rdinary's clerk and assistant in certain counties
(Ga. L. 1950, p. 2389 amended) _________________284, 347, 355, 378, 515
HB 554-0rdinary's salary in counties of
300,000 or more ---------------------------------505, 603, 610, 638, 838 SB 10-Pension study commission in counties of
300,000 or more ------------------------------------------734, 768, 792, 798, 843 SB 238--Pension system in counties having cities of
300,000 or more ____________________________________1528, 1546, 1595, 1604, 1687
SB 107-Police department pensions in counties
200,000 or more ---------------------------------------513, 536, 603, 612, 643 HB 63-Procedure for establishment of county public
works camps --------------------------------------------------75, 114, 118, 141, 352 SB 38--Qualifications of ordinary in counties of
100,000 or more ----------------------------------------351, 358, 492, 628, 678

1790

INDEX

HB 969-Record of instruments affecting real or personal property in counties of 20,500 to 20,900; Code Section 24-2715 amended ____________1173, 1201, 1204, 1287, 1597

HB 578-Road tax in counties of

40,000 to 43,000 ------------------------------------------------555, 603, 611, 639, 839 SB 99-Road work in counties of 300,000 or more ____512, 535, 603, 612, 642
HB 529-Salaries of officers in counties of

100,000 to 110,000 ----------------------------------------------469, 628, 635, 687, 901 HB 978-Salaries of officers in certain counties
(Act of 1950 amended) __________________________1198, 1248, 1254, 1381, 1597

HB 360-Sentence by ordinary for hunting or fishing without license in counties of

12,202 to 12,387 --------------------------------------------------251, 324, 328, 357, 734 HB 551-Sheriff's expenses in counties of

9,883 to 9,893 ----------------------------------------------------504, 603, 610, 638, 837 HB 369-Solicitor-general's compensation in counties of

100,000 to 110,000 -------------------------------------------254, 347, 355, 378, 515 HB 776-Special schools or course for deaf children,
for children with defective speech or handi-
capped because of cerebral palsy in counties of 300,000 or more ___________________________________959, 1019, 1118, 1515, 1695

HB 363-Superior Court reporter; compensation in counties

of 100,000 to 110,000 ---------------------------------------253, 347, 355, 377, 515 HB 188-Tax assessors' clerk in counties of

115,000 to 135,000 --------------------------------------------125, 202, 205, 239, 404 HB 904-Tax commissioner and assistant, salaries in counties of

15,500 to 15,900 ----------------------------------------1112, 1145, 1151, 1187, 1430

HB 450-Tax receiver's commissions in counties of



32,000 to 33,000 ---------------------------------------- __ 394, 447, 449, 489, 835 HB 116-Tax receiver's commissions in counties of

20,960 to 20,965 --------------------------------------------------- 90, 258, 261, 331, 456 HB 903-Tax receiver's commission in counties from

9,890 to 9,900 ------------------------------------------1112, 1145, 1150, 1187, 1430 HB 17-Taxation; agents to seek out unreturned property;
Code Section 92-6910 amended ________________________ 64, 324, 328, 362, 607

HB 1042-Teachers; retirement age .in counties of



62,000 to 63,000 ________

_ _ 1477, 1523, 1530, 1633, 1715

HB 403-Traffic cases before ordinary, superior court

clerk to attend in counties of 7,100 to 7,320 __________________________ 288, 398, 406, 573, 589, 1097, 1484

HB 702-Treasurer's salary in counties of 100,000 to 110,000 __________________________________________926, 964, 967, 1003, 1485

HB 700-Zoning in counties between 108,000 to 112,000;

appeal to zoning board -------------------------------926, 990, 997, 1033, 1485

MUNICIPAL CORPORATIONS-NAMED CITIES
SB 230-Adel; corporate limits ----------------------------1425, 1451, 1524, 1531, 1611 HB 453-Albany; city commissioners __________________________ 394, 418, 422, 451, 607
HR 120-367a-Albany; conveyance of land to, authorized ----------------------------------------------------------253, 477, 484, 575, 841
HB 43-Albany; pension system _______________________________________________68, 83, 95, 201
HR 249-Albany; conveyance of lands in Cheehaw State Park to, confirmed; a resolution ____________________________962, 1148, 1151, 1194, 1426
HB 693-Albany; government merged with Dougherty County ___ --------------------------------------------------925, 964, 966, 1001, 1528

INDEX

1791

HR 218---Albany-Dougherty County; merger of governments; proposed amendment to the
Constitution -------------------------------------------------932, 963, 970, 1271, 1529 HB 559-Alma; limits ------------------------------------------------------506, 558, 562, 586, 838 HR 48-220d-Alma; tax for promoting industries; proposed
amendment to the Constitution ___________146, 289, 293, 694, 707, 897 HB 976--Alma; Alma-Bacon County planning
commission ----------------------------------------1198, 1248, 1254, 1381, 1695 HB 596--Americus; tax rate ------------------------------------------599, 630, 635, 688, 870 HB 944-Americus; tax rate ______________________________1145, 11~7, 1183, 1211, 1486
HB 728---Ashburn; voters' qualifications; election
procedure -------------------------------------------------------930, 965, 969, 1007, 1214 HB 767-Athens; absentee voting ____________________________958, 992, 999, 1036, 1215 HB 774-Athens; city attorney ___________________________959, 1027, 1030, 1049, 1376 HB 772-Athens; election hours ________________________________958, 991, 992, 1038, 1215
HB 773-Athens; Hancock Avenue closed ________958, 1027, 1030, 1049, 1376 HB 1014-Athens; parking facilities ________1363, 1421, 1433, 1492, 1660, 1667 HB 771-Athens; recorder _______________________________________958, 991, 992, 1037, 1215
HB 34-Atlanta; charter amendments ____________66, 80, 82, 94, 230, 275, 283 SB 16--Atlanta; charter amendments ________________________ 200, 210, 232, 237, 274
SB 136--Atlanta; charter amendments ______________735, 769, 792, 799, 844, 871 HB 608---Atlanta; charter amendments ____601, 630, 636, 689, 872, 879 HB 470-Atlanta; charter amendments ____________________.417, 476, 482, 765, 901 SB 69-Atlanta; city funds, limits ___________399, 409, 418, 423, 532 SB 100-Atlanta; collection of taxes ___________________________734, 768, 792, 798, 843
SB 5-Atlanta; limits extended ----------------------------199, 210, 232, 237, 273 HB 220-Atlanta; passageways over or
under streets ---------------------------------------------------146, 181, 184, 209, 403 SB 139-Atlanta; personnel board _____________________________735, 770, 792, 799, 845 SB 9-Atlanta; sale of water main ____________________199, 210, 232, 237, 273
SB 66--Atlanta; tax executions, sale of tank, lease, subdivisions, planning engineer ________________399, 409, 418, 423, 452
HB 510-Atlanta; traffic law enforcement
commission -----------------------------------------------------.444, 542, 581, 583, 837 SB 215-Atlanta; charter amended ____________________1374, 1385, 1480, 1490, 1687
HB 1022-Atlanta; charter amended __________1365, 1421, 1433, 1532, 1702, 1739 SB 211-Atlanta; charter amended _________________1374, 1385, 1480, 1490, 1644 HB 742-Atlanta; disability pensions _____________________932, 992, 997, 1035, 1215
SB 159-Atlanta; taxation ___ 995, 1010, 1028, 1127, 1139, 1140, 1645, 1701 SB 216--Atlanta; traffic control ___________ 1374, 1385, 1480, 1490, 1612, 1651 HB 472-Augusta; assessments for drains
and sewers -----------------------------------------------------.417, 476, 482, 530, 738 HB 437-Augusta; closing of portion of Gwinnett street and
of Sibley street authorized ____________________________ 370, 397, 407, 425, 606
HB 257-Augusta; election of councilmen __________ 177, 232, 236, 272, 401, 404 HB 609-Augusta; pension system _______________________________601, 630, 636, 690, 902
HB 589-Augusta-Richmond County Building Authority
Act repealed ----------------------------------------------------580, 606, 613, 641, 839 HB 779-Augusta; corporate limits extended ________959, 991, 999, 1038, 1487 HB 781-Augusta; corporate limits extended _______ 960, 992, 999, 1038, 1487 HB 933-Augusta; election clerks and
managers ------------------------------------------------1143, 1176, 1182, 1209, 1487 HB 760-Augusta; vacancies on city council __________957, 992, 998, 1036, 1485 HB 1021-Austell; gas distribution system
authorized ------------------------------------------1365, 1421, 1433, 1495, 1698 HB 543-Avondale Estates; charter amendments _____.472, 558, 561, 584, 837 HB 475-Baconton; charter ___________________________________________.439, 581, 582, 615, 835

1792

INDEX

HB 531-Bainbridge; charter amendments __________________469, 558, 561, 584, 837

HB 494-Bainbridge; contracts with county for fire

protection -------------------------------------------------------_442, 508, 519, 565, 759 HB 495-Bainbridge; contracts with county for fire
protection __________________________________________________________442, 508, 519, 565, 759

HB 91-Baldwin; water system, fire protection ________80, 130, 133, 165, 326 HB 28-Barnesville; charter amendments ______65, 80, 81, 92, 201, 211, 283

HB 712-Barnesville; Whitehall Street closing

authorized --------------------------------------------928, 965, 968, 1005, 1217, 1229 HB 994-Berkely Lake; charter ________________________ 1244, 1370, 1378, 1442, 1696 HB 555-Blackshear; charter amendments __________________505, 558, 561, 585, 838 HB 698-Blakely; corporate limits ____________________________926, 965, 966, 1002, 1216

HB 566--Bowdon; tax rate; Code Section

92-4101 amended ----------------------------------------------- 507, 558, 562, 586, 870
HB 565-Bowdon; taxes -------------------------------------------------507, 581, 583, 615, 870 HB 1000-Brinson; corporate limits ---------------------1245, 1370, 1378, 1443, 1696 HB 243-Bremen; closing of part of Flint Street _______ 151, 182, 185, 209, 403

HB 591-Bremen; eminent domain -------------------------------580, 605, 611, 641, 834 HB 717-Brunswick; commissioner's actions confirmed,

street closings, land conveyances,

mayor's election ------------------------------------------928, 965, 968, 1005, 1214 HB 486--Buchanan; tax assessments __________________________441, 476, 482, 530, 737 HB 789-Buena Vista; tax assessments ______________961, 992, 1000, 1040, 1216

HB 476--Byron; name changed to "City



of Byron" -----------------------------------------------------------430, 439, 476, 482, 737 HB 516--Cairo; gas distribution system ____________________445, 476, 483, 532, 737

HB 957-Cairo; councilmen, election and

returns ----------------------------------------------------1171, 1250, 1253, 1380, 1596 HB 1029-Cairo; water, gas and electric

commissioners ---------------------------------------1367, 1421, 1434, 1493, 1698 HB 37-Calhoun; commissioners -------------------------------67, 202, 205, 238, 400 HB 30-Camilla; gas distribution system _________________________66, 80, 81, 93, 200

HB 481-Camilla; treasurer -------------------------------------------_440, 476, 482, 530, 737 HB 714-Camilla; water, light and gas

commission ------------------------------------928, 965, 968, 1005, 1526, 1582
HB 544-Carrollton; mayor -------------------------------------------------_472, 558, 561, 585 HB 569-Carrollton; street and sidewalk

improvements ----------------------------507, 581, 583, 616, 870 HB 570-Carrollton; waterworks and sewerage,

funds -----------------------------------------------------------------507, 581, 583, 616, 870 HB 833-Carrollton; election of recorder ___________986, 1027, 1032, 1052, 1377

SB 164-Carsonville; charter ------------------------------1136, 1161, 1177, 1186, 1211 HB 861-Cave Spring; charter amended ______________________1025, 1118, 1158, 1429 HB 325-Chamblee; recorder, sanitary tax __________________225, 260, 265, 299, 456 HB 141-Chatsworth; charter _____________109, 182, 183, 208, 400, 452, 516, 541

HB 90S-Clarkesville; charter ---------------------------------------1112, 1176, 1207, 1486 HB 593-Cleveland; White County-Cleveland

planning commission -------------------------------------580, 604, 611, 641, 835 HB 592-Coleman's Lake; charter ----------------------------- 580, 604, 611, 643, 835
HB 586--College Park; limits ------------------------------------579, 605, 611, 640, 839 HB 274-Columbus; closing of part of Ninth Avenue
and of Sixteenth Street authorized ______________ 194, 232, 237, 272, 401

HB 273-Columbus; commissioners, election

and terms ----------------------------------------------------------194, 232, 236, 272, 401 HB 276--Columbus; election of commissioners __________194, 232, 237, 272, 400 HB 489-Columbus; street closing authorized _________441, 476, 483, 531, 737

HB 766--Columbus; Eighth Avenue closed -------------958, 992, 998, 1036, 1215

INDEX

1793

HB 765-Columbus; land conveyance confirmed ___ 957, 991, 998, 1036, 1426 HB 729-Cordele; corporate limits extended _________930, 965, 969, 1007, 1375 HB 769-Covington; utilities, easements ______958, 992, 999, 1037, 1603, 1645 HB 533-Cumming; charter amendments ________470, 542, 604, 615, 83.4, 849 HB 775-Dalton; ad valorem tax __________________________959, 1027, 1030, 1050, 1376 HB 785-Dalton; school tax _________________________960, 991, 1000, 1039, 1216
HB 784-Decatur; parking lots authorized ___________960, 992, 1000, 1039, 1216
HB 932-Decatur; tax rate -----------------------------1143, 1176, 1182, 1209, 1487 HB 724-Donalsonville; street closings _____________929, 1028, 1030, 1049, 1431 HB 623-Dublin; tax assessments _____________________627, 672, 675, 763, 903 HB 213-East Dublin; police court ______________________145, 182, 184, 209, 403
HB 1041-East Point; charter amended __1477, 1523, 1531, 1607, 1702, 1741 HB 1040-East Point; corporate limits
extended ----------------------------------------------1477, 1523, 1530, 1607, 1715 HB 1036-East Point; corporate limits
extended -------------------------------------------1476, 1546, 1605, 1702, 1748 HB 1039-East Point; retirement system
amended ----------------------------------------1477, 1523, 1530, 1607, 1715 HB 831-Elberton; charter amended _________________986, 1116, 1123, 1155, 1428 HB 818-Elberton; charter amended ______________984, 1189, 1201, 1205, 1596
HB 930-Ellenton; taxation, licenses --------------1142, 1176, 1182, 1208, 1487 HB 424-Ellijay; charter amendments ___________________345, 476, 481, 524, 835
HB 553-Ellijay; limits ------------------------------------505, 558, 561, 585, 796 SB 148-Fayetteville; charter amendments __________795, 808, 833, 842, 873 HB 139-Fitzgerald; pension system _______________________109, 131, 134, 327
HB 733-Fitzgerald; eminent domain, fire
protection -------------------------931, 992, 997, 1035, 1424, 1498, 1625 HB 1031-Forest Park; mayor or city manager,
referendum ----------------------------------1367, 1421, 1434, 1494, 1674, 1674 HB 827-Forest Park; wards;
councilmen ----------------------986, 1027, 1031, 1051, 1482, 1500 HB 428-Fort Valley; gas distribution
system _______________________________368, 397, 407, 425, 606
HB 975-Fort Valley; charter amended __________1198, 1250, 1254, 1381, 1597 HB 600-Franklin Springs; charter amendments ____ 600, 630, 636, 689, 870 HB 809-Gainesville; compensation of mayor and
commissioners ---------------------983, 1028, 1031, 1033, 1176, 1186, 1427 HR 86-289b--Glennville; land conveyance to, authorized;
a resolution -----------------------------------196, 477, 484, 594, 796 HB 1003-Glennville; mayor and council; tax
assessors _____________1246, 1370, 1378, 1443, 1660, 1752
HB 415-Griffin-Spalding County school
system ----------------------------------------323, 492, 509, 521, 758 HB 710-Griffin; county school system, candidates,
elections ------------------------------------------924, 968, 968, 1004, 1180 HB 901-Griffin; retirement system
amended -------------------------------------------------1111, 1176, 1181, 1207, 1486 HB 607-Hapeville; limits -------------------------------------------601, 630, 636, 689, 870 HB 915-Hapeville; charter amended; pension
system ______________________1113, 1370, 1377, 1533, 1702, 1749
HB 119-Harlem; city manager, police court ____________90, 130, 133, 165, 326
HB 859-Hazlehurst; charter -----------------------------1025, 1118, 1124, 1158, 1429 HB 837-Jasper; charter --------------------------987, 1118, 1123, 1156, 1603, 1674 HB 515-Jesup; tax appraisals ___________________445, 476, 483, 532, 837 HB 910-Jonesboro; corporate limits ________________1113, 1176, 1181, 1207, 1486 HB 1016-Kennesaw; officers and employees,
policemen -----------------------------------------1365, 1421, 1433, 1495, 1695

1794.

IN D E X

HB 70S-Kingsland; alley closing, land
conveyance --------------------------------------------927, 965, 967, 1004, 1213 HB 737-Lake Tara; charter repealed _______________931, 965, 969, 1008, 1216 HB 124-Lakeland; registration of voters, eminent
domain -------------------------------------------------------------91, 130, 133, 166, 327 HB 558---Lawrenceville; charter amendments ____________505, 553, 562, 586, 838 HB 557-Lawrenceville; city manager __________________________505, 558, 561, 586, 838
HB 595-Lincolnton; charter ------------------------------------599, 630, 635, 688, 870 HB 642--Loganville; charter amended _____________________791, 832, 842, 873, 1136 HB 36-Louisville; appraisal of taxable property _________66, 80, 82, 95, 201 HB 199-Macon; abandonment of part of Ash
Street --------------------------------------------------127, 153, 157, 185, 328 HB 203-Macon; alley closing --------------------------------------128, 154, 157, 186, 328 SB 32--Macon; alley closing authorized ___________200, 211, 232, 237, 274 HB 500-Macon; alley closing authorized ___________________443, 476, 483, 531, 737
HB 258---Macon; closing of certain streets and alleys for use of hospital ---------------------------------------177, 232, 236, 272, 456
HR 89-298a-Macon; exchange of land with;
a resolution ------------------------------------------------------198, 349, 356, 410, 608 HB 625-Macon; land conveyance confirmed ______________629, 672, 675, 764, 903 SB 138---Macon; land conveyance confirmed ______________735, 769, 792, 799, 845
HB 383-Macon; limits extended -------------------------285, 397, 406, 424, 610, 648 HB 967-Macon; charter amended ----------------------1173, 1250, 1254, 1380, 1713 SB 241-Macon; alley widening --------------------------1603, 1616, 1643, 1644, 1687 HB 805-Macon; board of water commissioners,
qualifications ----------------------------------983, 1028, 1031, 1050, 1376 HB 804-Macon; corporate limits extended _____983, 1027, 1030, 1050, 1376 HR 258---Macon; Macon-Bibb County board of health;
proposed amendment to the Constitution ----------------------------------------988, 1116, 1126, 1297, 1599 HB 983-Macon; pension system repealed; new system established ---------------------------1199, 1250, 1255, 1380, 1597 HB 968---Macon; recorder's court -----------------1173, 1250, 1254, 1444, 1695 HB 1024-Macon; water commissioners, pension
plan ----------------------------------------------------1366, 1420, 1433, 1493, 1714 HB 571-Marietta; civil service system _____________________508, 558, 562, 586, 838
HB 648---Marietta; Parking Authority created; other amendments to charter ----------------------------866, 1177, 1180, 1210, 1485
HB 810-Marshallville; name changed to City of Marshallville; water and light commission _________________983, 1028, 1031, 1050, 1376
HB 277-Milner; closing of portion of First Street authorized ----------------------------------------------194, 232, 237, 273, 400, 1252
HB 824-Monroe; corporate limits extended ________________985, 1031, 1051, 1428, HB 821-Monroe; charter amendments ________________985, 1028, 1031, 1051, 1428 HB 532--Mount Zion; charter _______________________________470, 558, 561, 584, 872, 878 HB 934-Mount Zion; utility systems _____1143, 1176, 1182, 1209, 1482, 1583 HB 830-Nahunta; charter amended __________________986, 1028, 1031, 1052, 1428 HR 260-Nahunta; tax for promotion of industries;
proposed amendment to the Constitution ------------------------------------------------989, 1115, 1126, 1310, 1599 HB 709-Newnan; corporate limits __________________________927, 965, 967, 1004, 1431 HB 873-Newnan; land conveyance ____________________1047, 1118, 1125, 1257, 1597
HB 256-Norcross; charter ------------------------------------177, 232, 236, 271, 401, 537
HB 604-0dum; charter -------------------------------------------------601, 630, 636, 689, 902 HB 768---0xford; mayor, councilmen, elections -~--- 958, 992, 999, 1037, 1426
HB 556-Palmetto; charter amendments ____________________505, 558, 561, 585, 838

INDEX

1795

HB 819-Pavo; mayor and council ___________________985, 1027, 1031, 1051, 1427 HB 31-Pelham; gas distribution system ________________66, 80, 82, 93, 200 HB 32-Pelham; sewerage and garbage ______________________66, 80, 82, 93, 200

HB 867-Powder Springs; charter amended _1026, 1118, 1125, 1159, 1430 HB 473--Richland; elections for mayor and

councilmen ---------------------------_417, 476, 482, 530, 738 HB 995-Ringgold; mayor and council; taxes _1244, 1370, 1378, 1442, 1695
HB 931-Roberta; salaries of mayor and

councilmen --------------------------------------1142, 1176, 1182, 1208, 1487 HB 452-Rome; retirement system -------------------------394, 418, 422, 451, 607
HB 458-Rome; retirement system ------------------------------395, 418, 422, 451, 607 HB 839-Rome; corporate limits
extended _____________________________987, 1028, 1029, 1032, 1052, 1189, 1429

HB 1005-Rome; corporate limits

extended -------------------------------1247, 1370, 1378, 1443, 1449, 1696 SB 190-Rome; retirement system

amended -----------------------------------1136, 1162, 1177, 1186, 1212 HB 840-Rome; retirement system

amended -------------------------------987, 1118, 1123, 1156, 1429 HB 842-Rpme; retirement system

amended --------------------------------------988, 1118, 1124, 1157, 1429

HB 838-Rome; school fund -----------

__987, 1118, 1123, 1156, 1428

HB 841-Rome; tax assessors, surveys,

experts ------------------987, 1118, 1124, 1157, 1429 HB 1017-Rossville; tax assessor's

compensation ---------------------------------1365, 1421, 1433, 1492, 1714 HB 52~Roberta; charter ---------------------------------------_469, 558, 561, 584, 837 SB 20-St. Marys; street closing

.authorized -------------------------------------------200, 210, 260, 265, 300 HB 725-St. Marys; street closing ______________929, 965, 968, 1006, 1214

HB 336--Savannah; land conveyance to James A. Rourke

confirmed -------------------------------226, 260, 265, 300, 457 HB 342-Savannah; traffic commission for Savannah and

Chatham County --------------------------------- 248, 290, 292, 329, 457 HB 170-Savannah; charter amended (council-manager

form of government) ------------------------------123, 476, 480, 1049, 1213 HB 992-Savannah; pension system _____________1244, 1370, 1377, 1442, 1696

SB 197-Savannah; street closing __________1374, 1385, 1617, 1643, 1686, 1715 HB 509-Smyrna; limits extended __________________444, 476, 483, 532, 737

HB 857-Smyrna; recorder's court ____________1025, 1118, 1124, 1157, 1429

HB 1006--Smyrna; wards -------------------------------1247, 1370, 1378, 1694 HB 365-Social Circle; mayor's powers,

recorder ------------------------------------------253, 290, 292, 330, 559 HB 814-Social Circle; schools ___________________984, 1118, 1122, 1153, 1427

HB 279-Spring Place; alley closing

authorized ---------------------------------------195, 232, 237, 273, 458, 539

HB 832-Spring Place; street closing

.986, 1028, 1031, 1052, 1377

HB 349-Statesboro; recorder's court

___249, 290, 292, 329, 457

HB 490-Stockbridge; elections, utility systems _______441, 476, 483, 531, 737

HB 441-Summerville; elections, registration

of voters ---------------------------------------------------392, 418, 422, 606 HB 787-Tazewell; charter __________________________________961, 1027, 1030, 1049, 1376

HB 701-Temple; tax rate -----------------------------------------926, 965, 967, 1002, 1213 HB 522-Thomasville; gas system _______________________468, 558, 560, 584, 837

HB 1027-Thomasville; water and light

department -------------------------------------1366, 1421, 1433, 1493, 1698 HB 705-Thomson; charter amended _________________927, 965, 967, 1003, 1375

1796

INDEX

HB 443-Trion; school system ~~~~~~~~~~~~~~~~~~~~~~-~~~~~~~~~~~-~~ 393, 418, 422, 451, 607
SB 73-Vidalia; school system ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-399, 409, 418, 423, 452
SB 199-Vidalia; tax assessors; election; duties ~~~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--~~~~~~~-~~~~~~1212, 1220, 1250, 1256, 1383
HB 412-Villa Rica; mayor and councilmen ~~--~ --~~~~322, 397, 406, 425, 606 HB 144-Warrenton; limits ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~110, 118, 130, 134, 167, 327 HB 143-Warrenton; mayor and councilmen ~~~~~-~~~~~-109, 130, 134, 167, 327 HB 145-Warrenton; police pension ~~-~~~~-~~~~~~~~~~~~~~~~~~110, 130, 134, 167, 327 SB 203-Washington; mayor and council,
election ~~~~~~~~~-~~~~~~~-~~~~~~-~~-~~~~~~~~~~-~~~~~~~~~~1212, 1220, 1250, 1256, 1383
HB 79-Waycross; compensation of mayor and commissioners ~~~~~~~~~~c~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~77, 131, 131, 158, 325
HB 78-Waycross; police court ~~~~~~~~~~-~~~~~~~~~-~~~~~~~~~~-~~~77, 131, 131, 158, 325 HB 736---Waycross; city manager ~~~~~~~~~~~~~~~:~~~~~~~~~~~~951, 965, 969, 1008, 1215 HR 238-Waycross; school tax; proposed amendment to
the Constitution ~~~~~~~~~~-~-~~~~~~~~-~~~~~~-~-~~~~935, 963, 970, 1281, 1602
HR 237-Waycross; Waycross and Ware County development authority; proposed amendment to the Constitution ~~~~~~~~~~~~~~~~-~~~~~~~~~~--~~935, 1116, 1126, 1278, 1602
HB 703-West Bainbridge; charter ~~~~~~~~~~~~~~~~~~~~~~~~~~927, 965, 967, 1003, 1213 HB 319-West Point; corporate limits ~~~~~~~~~~~~~-224, 260, 265, 298, 405, 412
HB 929-West Point; corporate limits ~~~~~~~~~~~~~~~~~~~~~~1142, 1176, 1182, 1208, 1482, 1502, 1652, 1659
HB 926---Whigham; charter ~~~~~~~~~~~~~~~~~~~~~~1142, 1176, 1181, 1207, 1377, 1486 HB 986---Willacoochee; charter ~~~~~~~~~~~~~~~-1243, 1368, 1377, 1441, 1660, 1675 HB 425-Woodbine; charter ~~~~~~~-~~-~~~~~~~~~~~~~~~~~~~~~~~~~-~~345, 397, 406, 425, 606 SB 94-Woodland; charter amendments ~~~~~~~~~~-~~~~~~558, 570, 581, 583, 616 HB 35-Wrens; appraisal of taxable property ~~~~~~~~~~~~~~~_66, 80, 82, 94, 200 HB 121-Wrightsville; charter amendments -~~~~~~~~~-~~~91, 130, 133, 166, 327

MUNICIPAL CORPORATIONS-BY POPULATION
SB 213-Candidacy for election in cities of 300,000 and more; Code Section 34-1904 amended ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~1483, 1496, 1643, 1644, 1644, 1687
SB 137-Condemnation procedure in counties and cities of 250,000 or more ~~~~~~~~~~~~~~~~~-~~~735, 769, 793, 799, 845, 872
SB 115-Fire department pensions in cities of more than 150,000 -~~~~~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~559, 570, 581, 583, 616
SB 227-Fire department pensions; in cities of more than 150,000 according to 1920 census ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~1425, 1451, 1480, 1490, 1609, 1652
SB 161-Firemen and policemen in cities of more than 300,000 not "employees" under Workmen's Compensation Act; Code Section 114-101 amended ~~~~~~~~--~~~~~~~~~~~~~~~~~~~~~~~~~~995, 1010, 1028, 1033, 1128
HB 440-Members of city council, eligibility for other office in cities of 71,000 or more ~~~~~~~-~~~~~~~~~392, 418, 421, 834, 849
HB 218-Pension system in cities of more than 150,000 ~~~~-~~-~~~~~~'~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-145, 181, 184, 208, 402
HB 216---Pension system in cities of more than 150,000 -~~~~~~~~~~~~~~~~~~~~~~-~~-~~~~~~~~~~~~~~~~-~~~~-~~~~~145, 182, 184, 208, 402
HB 217-Pension system in cities of more than 150,000 ~~~~~~~~~~~~~~~~~~~~~~~~--~~~~~~-~~~~~~~~~~~~~~~~~~~-~c145, 181, 184, 208, 402
SB 117-Pension system in cities of more than 150,000 ~----~~~~~~~~-~~~~~~~~~~~~~-~~~~~~~~~-559, 570, 581, 583, 617, 627, 636, 759

IN D.E X

1797

SB 225-Pension system in Cities of more than . '. 150,000 ~---------------1425, 1451, 1480, 1490, 1533, .1593, 1614, 1651
SB 212--Pension system in cities of more than 150,000 --~--------------------------------------------1374, 1385, 1480, 1490, 1611
SB 226-Police pension in cities of 150,000 or more ______________________________________1425, 1451, 1480, 1490, 1608, 1652
SB 116-Police pension in cities of 150,000
or more -----------------------------------------------------------559, 570, 581, 583, 617 SB 78--Primary elections in cities of 200,000
or more ----------------------------------------------..457, 491, 694, 695, 793, 801 SB 235-Tax assessment procedure in cities of
300,000 or more --------------------------------1484, 1497, 1522, 1532, 1611

RESOLUTIONS AUTHORIZING PAYMENTS

HR 279-Compensation to Gladstone Barber

for injuries --------------------------------1048, 1259, 1371, 1409, 1601

HR 233-Compensation to Corporal J. W. Beasley

for injuries ----------------------------------.935, 1177, 1184, 1411, 1695 HR 23-87f-Compensation to Q. A. Beasley

for injuries ----------------------------------------------------79, 478, 484, 550, 840 SR 17-Cotnpensation to Mrs. Nina Barnes Belcher .

for injuries -----------------------------------------------------795, 808, 846, 868, 884 HR 332--Compemiation to G. W. Bird, Jr., for damages

to automobile ----------------------------------------1367, 1495, 1524, 1626, 1766 HR 221-Compensation to Trooper L. W. Boatright

HR

.. for injuries ------------------------------------933, 1258, 1372, 1412, 1600 319-Compensation to Sankey Booth

.. for- services ----------------------------------------1363, 1479, 1489, 1627, 1766 HR 160-578b--Compensation to B. M. Boyd for damage

. to a11tomobile ----------------------------------------------------------555, 777, 793, 898 HR 50-Compensation to J. B.. Bruce for

lQSS of COW -----------------------,-----------------------.147, 1177, 1183, 1325, 1698 HR 123-398b--Compensation to C. A. Burris for damage

to automobile ----------------------------------------- 287, 650, 673, 819, 841, 898

HR 122--Compensation to Mrs. G. B. Campbell for injuries ______c________________________________________287, 1148, 1151, 1194, 1599

HR 113-Compensation to M. E. Cochran for damage

to livestock ----------------------------------------------------252, 798, 1578, 1765 HR 136-Compensation to L P. Cox for damage

to automobile -------------------------------------.369, 1177, 1184, 1242, 1600 HR 22-87e--Compensation to B. D. Cravey

for injuries ---------------------------------------------------------79, 478, 484, 549, 841 HR 29-124a-Compensation to Samuel Glen Densmore for damage

to automobile ------------------------------------------------------91, 418, 422, 577, 840 HR 118--Compensation to Trooper C. L. Everett
for injuries ______________________________________252, 821, 1177, 1184, 1410, 1694

HR 331-Compensation to Mrs. Hilda Fennell for damage

to automobile ---------------------------------------1367, 1524, 1531, 1627, 1765 HR 35-Compensation to Clyde Frye for injuries

to child -------------------------------------------109, 1029, 1032, 1103, 1600 HR 92--Compensation to Mrs. W. J. Gallemore for damage

to automobile ---------------------------------------199, 1029, 1032, 1411, 1601 HR 201-Compensation to Thomas E. Hamilton for injuries

to automobile ------------------------------------------ 830, 1372, 1378, 1505, 1766 HR 276-Compensation to 0. L. Harris for damage

to automobile ------------------------------------------1027, 1372, 1379, 1633, 1765

1798

INDEX

HR 234-Compensation to N. Aldo Harrison for injuries
to automobile --------------------------------935, 1148, 1151, 1193, 1602 HR 74-262n-Compensation to H. E. Hartsfield and Mrs. Laura
M. Walker- for injuries --------------------------179, 650, 793, 819, 821, 897 HR 278-Compensation to Mrs. J. H. Hicks for death of
her father ------------------------------------------------1048, 1259, 1371, 1409, 1601 HR 275-Compensation to Henry C. Hill
for injuries ----------------------------------------------1026, 1177, 1185, 1412, 1602 HR 226--Compensation to Trooper Crawford Lee Hitt
for injuries ---------------------------------------------934, 1177, 1184, 1411, 1602 HR 65-Compensation to Jarvis Johnson for damage
to automobile --------------------------------------------178, 1177, 1183, 1361, 1601 SR 29-Compensation to Emory R. Kent for damage
to automobile -------------------------------------------------795, 808, 847, 867, 883 HR 46--Compensation to Mrs. Lizzie Lundy for
death of son ------------------------------------------------146, 1178, 1183, 1355, 1600 HR 146--Compensation to E. S. McKinney for damage
to automobile __________445, 1029, 1032, 1103, 1700, 1722, 1731, 1735,
1756, 1761 HR 98-Compensation to Trooper John E. Moreland
for injuries ----------------------------------------------227, 1029, 1032, 1102, 1601 HR 224-Compensation to J. M. Moses
for injuries ------------------------------------------------933, 1177, 1184, 1410, 1694 HR 325-Compensation to W. H. Mott for damage
to automobile -----------------------------------------1364, 1422, 1434, 1515, 1765 HR 307-Compensation to Rev. Graham Oglesby for damage
to automobile --------------------------------------1200, 1371, 1379, 1517, 1766 HR 313-Compensation to Mrs. Lillian Dobbs O'Kelley for
damage to automobile ----------------------------1426, 1372, 1379, 1470, 1695 HR 294-Compensation to Louis Palmer for damage
to automobile ----------------------------------------1115, 1372, 1379, 1470, 1695 HR 128-Compensation to E. R. Patton for damage
to automobile --------------------------------------------323, 1029, 1032, 1105, 1600 HR 231-Compensation to R. A. Pert for damage
to automobile ----------------------------------934, 1177, 1184, 1411, 1603, 1689 HR 39-Compensation to J. B. Polk and Mrs. Frances Massey for
damage to automobile __________________128, 1177, 1183, 1410, 1699, 1752
HR 59-255c-Compensation to B. T. Raulerson for damage
to automobile -------------------------------------------------------------176, 677, 819, 897 HR 51-Compensation to R. H. Ridgway, Jr., for damage
to automobile ______________________________ .147, 1177, 1183, 1355, 1600
HR 223-Compensation to E. E. Roberson for loss of hog ---------------------------- __________________ 933, 1177, 1184, 1633, 1766
HR 9-42c-Compensation to H. L. Sexton for damage
to automobile ------------------------------------------------------68, 418, 422, 572, 839 HR 107-Compensation to Clyde E. Sinyard for damage
to automobile --------------------------------------------------229, 868, 873, 1194, 1698 HR 8-42b---Compensation to Strickland Motor Co., Cordele,
for automobile repairs --------------------------------------67, 621, 673, 811, 897 HR 71-Compensation to James Taylor and Lamar
Shiflett for injuries ____________________________179, 1184, 1412, 1601, 1778
HR 60-255d-Compensation to Albert Thomas for damage to automobile _________________ -------------------------------177, 677, 819, 897
HR 19-87b---Compensation to Miss Rose Thompson
for injuries ---------------------------------------------------------79, 478, 484, 549, 839 HR 87-289c-Compensation to Donald R. Waters for
loss of hog _______________________________________________________ 196, 673, 678, 820, 897

INDEX

1799

HR 217-Compensation to Howard R. Watts for damage to automobile __________________________932, 1177, 1184, 1242, 1600
HR 57-255a-Compensation to White Music Co., Gainesville for damage to automobile -----------------------------176, 694, 793, 820, 897
HR 64-Compensation to C. B. Wilson for injuries ________________________178, 1178, 1183, 1356, 1600
HR 92-Compensation to Judge J. R. Wimberly for damage to automobile --------------------------------------199, 1029, 1032, 1411, 1601

Part II
HOUSE BILLS AND SENATE BILLS AND RESOLUTIONS
A
Abandonment HB 991-Warrant to extradite_________________ -------------------------------------------------1244
Absentee voting. See Elections
Abbeville HB 165-Charter amendment ___________________________________________ 113, 131, 135, 16S
Academy for Colored Blind at Macon HR 58-255b--Sale of --------------------------------------------------------------------------------------------176 HR 11- 42e-Sale of ------------------------------------------------------------------------------------68, 233
Actions and Defenses HB 746-lnactive actions, dismissaL______ 955, 1176, 1180, 1239, 1240, 1694 HB 202--Title to land, actions respecting; when prima facie case made __________________________________127, 153, 157, 190, 374
A del SB 230-Corporate limits ____________________________________1425, 1451, 1524, 1531, 1611
Addresses Hon. Frank G. Clements, Governor of Tennessee ----------------------------------------- 277 Governor Herman E. Talmadge -------------------------------------------27, 72, 96, 900, 947
Administrators and Executors SB 28--lnvestments; Code Section 113-1518 amended ____________________________________________ 183, 187, 258, 266, 390 HB 162--Leases of real property --------------------------------112, 154, 156, 190, 401 SB 89-Sale of stock and bonds ________________________________ 582, 587, 671, 676, 825 HB 337-Temporary administrators, discharge _______ 227, 348, 354, 574, 869
Administrators and Executors HB 688--Letters of administration or letters, grant ________________________________ 924 HB 93-Claims against estate, winding up estate, etc. ------------------------------------------86, 153, 156, 189, 991

INDEX

1801

Adoption

ij:B 57~Final ~rder of Adoption; Code Section 74-41;i al)le~ded ____________554

HB - 5-Adl)linistrative expenses, reil)lbursel)lent to



county and district welfare departments ___________________________62,

1S4,

155,

187,352,

38i

Advertising
SB 202-Legal .ad~ertising, rates, offiCial orga~'; .
Code Sections 39-1103, 39-1105 amended ----------------------------------------------------1424, 1450, 1496~'1595,.1652
'i.;
Aged Persons
SB 18-0ld Age Assistance Act amended ___________________________200, 210, 1685

Agricultural Products HB 651-State Warehouse Act ______________..:..~__..:.._~-"-~'919, 9so;t117i '1357; 1601

Agriculture. See Tobacco

HR 209-Farm price support; memorial to State delegation

....

to Congress; a resolution --------------------------------------------------------889, 899 HR 326--Prices of agricultural products, memorial - ~ :
to Congress; a resolution _________________1364, 1420, 1434, 1472, 1529 HB 613--Research Commission, create ________________________602, 629, 636

HB 376--Agricultural Commodities Authority

. ...

. . Act, amend,~ents -~---:~-~~-----------------~-.:_---------~----------284, 557, 560; 818

Air Force Academy

HR

187

-Congre efforts

stsomsaencuSreidensetyabClisahmmpencot mofmAenidreFdofrocer

Academy in Spalding County;' a resolution ~------------------786, 841

HR 189-Location in Spalding County; a resolution _______________787, 841

HR 188-Location in Spalding County; memorial to

State delegation to Congress .,-----------~---'-----"-----------786, 841

Air Raids

SB 65-0wner' of property' used .for air raid shelters to be 'held
harmless. :for injurie~ to invitees -~--------------399, 408, 509, 520, 852

Alapaha Judicial Circuit HB 811-Reporter's salary :_~_c:_____________________983, 1107; 1148, 1186, 1487

Albany
HR 218-Albany-Dougherty County, merger of gov.: ernments; proposed; amendment. to the Constitution ---------------------------------932, 963, 970, 1271, 1529
HB 45~City Commissioners ________________________________________394, 418, 422, 451, 607 HR 120-367a-Conveyance of land to, authorized;
a resolution __ -------------------------------------------- _____ 253, 477, 484, 575, 841 IIR .249-Land conveyance (lands in Cheehaw State
Park) confirmed; a resolution ____________962, 1148, '1151, 1194, 1426

1802

INDEX

HB 693---Merger of government with Dougherty

County ---------------------------------925, 964, 966, 1001, 1528

HB 43---Pension system

-------------------------------------68, 83, 95, 201

Albany, City Court of
HB 120-Compensation of Judge and of solicitor --------------------------------------------------------90, 130, 133, 166, 327
HB 786--Pre-trial conferences _______________________960, 1116, 1122, 1152, 1426

Alcoholic Beverages
HR 178-Advertisement of; a resolution --------------------------------------------696-797 HB 845-Furnishing to minors; Code Section
58-612 amended ---------------------1023, 1423, 1432, 1586, 1720, 1723
Alcoholic Liquors HB 884-Distilling apparatus; Code Section 58-209 amended ---------------1109 HB 956--1938 Act amended --------------------------------------------------------------1171
Alcoholism. See Georgian Clinic
Alcoholic Commission
HB 624-Amendments --------------------------------------------------------------628
Aliens HB 855-License to practice medicine; Code Section 84-927 amended --------------------------------------1024, 1147, 1150, 1195, 1763
Allatoona Reservoir Basin HB 962-Money from Federal Government for lease of lands, distribution --------------------------1172, 1371, 1585, 1713
Alma HB 976--Alma-Bacon County Planning commission -------------------------------------------1198, 1248, 1254, 1381, 1695 HB 559-Limits ---------------------------------------------506, 558, 562, 586, 838 HR 48-220d-Tax for promoting industries, proposed amendment to the Constitution ________146, 289, 293, 694, 707, 897
Alternative Road Law HB 70-How adopted by county; Code Section 95-811 amended ------------------------------------------------76, 181, 183, 213, 631
Alto Tuberculosis Sanatorium HB 232-Transfer of property to State Hospital Authority ----------------------------------------------------------148, 232, 236, 279, 420
Americus
HB 596--Tax rate -------------------------------------------------------599, 630, 635, 688, 870 HB 944-Tax rate ---------------------------------------1145, 1177, 1183, 1211, 1486

INDEX

1803

Ammons, Frank

HR 176-Relieved as principal on appearance

bond

.668, 1149, 1152, 1411, 1765

Animals. See Livestock

Annulment. See Marriage

Appearance Bonds
SB 74--Cash bonds in traffic cases ________400, 409, 673, 676 HB 353--Forfeiture; Code Section 27-906
amended -------------------------------- ________...250, 348, 355, 412, 869

Appropriations

HB .848-Franklin D. Roosevelt Warm Springs

Memorial Commission

1023, 1190, 1248, 1504, 1763

HB 142--General appropriations act --109, 343, 396, 431, 452, 674, 692

Architects. See Liens

HB 187-Unauthorized practice; Code Section

84-9903 amended

______125, 630, 634, 739, 868

Arrests HB 402-Notification of arrest

288, 398, 406, 916

Art Commission, State HB 876-Establishing Act __________1047, 1179, 1181, 1240, 1731, 1732

Ashburn HB 728-Voters' qualifications; election procedures ____

___930, 965, 969, 1007, 1214

Astrology. See Fortune Telling

Athens
HB 767-Absentee voting _______________________958, 992, 999, 1036, 1215 HB 774--City attorney _____________________________959, 1027, 1030, 1049, 1376
HB 772-Election hours ---------------------------------958, 991, 992, 1038, 1215 HB 773--Hancock Avenue closed _____________958, 1027, 1030, 1049, 1376 HB 1014--Parking facilities ______1363, 1421, 1433, 1492, 1660, 1667 HB 771-Recorder -------------------------------------------------------958, 991, 992, 1037, 1215

Atkinson County HB 411-Tax Commissioner __________________________________________322, 447, 448, 486, 757

1804

l N D.EX

Atlanta
SB 66--Charter amended; tax executions, . sale of _ ~tank, lease, subdivisions, planning
engineer ---------------------------------------------399, 409, 418, 423, 452 SB 16--Charter amendments _______________________________200, 210, 232, 237, 274 SB 136--Charter amendments ___________________735, 769, 792, 799, 844, 871 HB 608---Charter amendments __________________________601, 630, 636, 689, 872, 879 HB 470-Charter amendments _________________________________.417, 476, 482; 765, 901 HB 1022-Charter amended __________________1365, 1421, 1433, 1532, 1702, 1739
SB 215-Charter amended --------------------------1374, 1385, 1480, 1490, 1687 SB 211-Charter amended --------------------------------1374, 1385, 1480, 1490, 1644 SB 69-City funds; limits _____________________________399, 409, 418, 423, 532 SB 100-Collection of taxes _______________:.___________________734, 768, 792, 798, 843 HB 742-Disability pensions _____________________932, 992, 997, 1035, 1215
HB 34-Fairlie Street easement, treasurer __66, 80, 82, 94, 230, 275, 283
SB 5-Limits extended ------------------------------199, 210, 232, 237, 273 HB 220-Passageways over or under streets ___________146, 181, 184, 209, 403 SB 139-Personnel board -~-------------------------735; 770, 792, 799, 845 HR !~Policemen and firemen killed in line of duty; a resolution..699, 796
SB 9-Sale of water main ----------------------------------199, 210, 232, 237, 273 SB 159-Taxation ________995, 1010, 1028, 1032, 1127, 1139, 1140, 1645, 1701
SB 216--Traffic control -------------------------1374, 1385, 1480, 1490, 1612, 1651 HB 510-Traffic law enforcement commission _________.444, 542, 581, 583, 837 HB 1035-Traffic Court, create '_____:__~___1419, 1480, 1489, 1536, 1700, 1725 HB 1023-Amend Charter -------------------------------~:---~-------1366, 1421, 1433, 1536 SR 88---Transit system, proposed amendment to the
Constitution ----------------------- ------------------------------------------1484, 1497, 1668 SR 93-School System, proposed amendment to the
C<institution -----------------------------'----------------------"-------- __: --- _____ 1599, 1616

Attorney-General
SB 129-Compensation ,_____,_________________756, 769, 793, 799, 855, 875, 881, 893 HB 523-Contingent expense allowance -------------------------------------- 468, 590, 606 HB 626--Bill Drafting Unit; Dpty. Director ____________________________629, 673, 677 SB 147-Bill Drafting Unit, Deputy Director -----------c---------------------794, 808

Attorneys at Law
HB 874-Appointed attorneys for defendants in capital felony charges ______________1047, 1146, 1150, 1579, 1699, 1706
HB 331-Attorney's fees on notes; Code Section 20-506 amended -------------------------------------------------------475, 481, 573, 869
HB 488---Bar examinations, applications _____.441, 475, 482, 597, 1720, 1729 HR 254-Bar examinations, questions on legal and
judicial ethics; a resolution -------------------------------------------972, 1022 HB 797-Exempt from jury duty; Code Section
59-112 amended ________________________________981, 1176, 1181, 1238, 1763 SB 90-Admission to bar of certain persons
without examination ----------------------------------------- 582, 587, 1659, 1672
Auditor
SB 129-Compensation ________________________756, 769, 793, 799, 855, 875, 881, 893

IN .D E"X'.

1805

Augusta
HB 472---Assessments for drains and sewers _:______.417; 476, 482, 530, 738 HB 589-Augusta-Richmond County Building
Authority Act repealed . 580, .c.___________________________ 606, 613, 641, 839
HB 437-Closing of portion of Gwhi.nett Street and of Sibley Street authorized ______________.370, 397, 407, 425, 606
HB 781-Corporate limits extended ______________960, 992, 999, 1038, 1481
HB 779-Corporate limits extended -------'""--'----959, 991, 999, 1038; 1487 HB 9~Election clerks and managers _ _1143, 1176, 1182, 1209, 1487 HB 257-Election of councilmen _________177i 232, 236, 272, 401, 404 HB 609-Pension system ------------------~----601, 630, 636, 690, 902 HB 760-Vacancies on city council ____________,____.957, 992, 998, 1036, 1485 HB 939-Corporate limits -------------'-~----------------------..-------1144, 1177, 1182

Augusta Judicial Circuit HB 459-Solicitor-general's clerks __________________________.415, 671, 677, 761, 900

Augusta, Municipal Court of HB 1015--Attachments ______________________1363, 1421, 1433, 1492, 1695 HB 368-Salaries -------------------------------------254, 290, 292, 330, 457
Austell HB 1021-Gas distribution system authorized ___1365, 1421, 1433, 1495, 1698

Authorities
SB 196--Georgia Livestock Development Authority ---------------------------------------1252, 1259, 1420, 1435, 1654
HB 632---Habersham County Gas Distribution Authority ------------------------------------------669, 792, 798, 875, 1022
HB 628-Habersham Water Authority _______668, .753, 760, 874, 1022 HB 794-Turnpike Authority
Act _981, 1149, 1150, 1152; 1251, 1355, 1386, 1604, 1646, 1649

Automobiles~. See Motor Vehicles
HB 958-Driver's license, application by persons under 18 ------------------------------1172, 1258, 1370, 1516, 1764
SB 53-License and registration; Code Section 68-201 amended ---------------~---------351, 360, 476, 485, 863, 883
HB 961-License plates; Code Section 68-214 amended __________________1172, 1250, 1254, 1518, 1700, 1709
HB 950-License tags for members of Georgia National Guard --------------------------------1170, 1219, 1250, 1413, 1698
SB 40-Reckless driving ________________________________351, 359, 397, 408, 853, 882
SB 50-Registration; Code Sections 68-202, 68-205, 68-206, 68-207 amended ----------------------------------------------------........ 351, 359, 476, 485, 853
SR 31-Registration and taxation; committee
to study ---------------------------------------------.479, 492, 755, 760, 852 SB 74-Traffic cases, cash appearance bonds _______________.400, 409, 673, 676
HB 128-Uniform Act Regulating Traffic on Highways --------------------..-----92, 475, 481, 598, 622, 651, 994, 1053, 1133, 1240, 1586, 1603
HR 154-533e--Title Certificate law; committee to study _______.470, 755, 760

1806

INDEX

Avondale Estates HB 543-Charter amendments ___________________________472, 558, 561, 584, 837

B
Bacon County
HB 976-Alma-Bacon County planning commission _____________________1198, 1248, 1254, 1381, 1695
HR 165-Lawbooks to ________________600, 670, 676, 762, 1423, 1499 HR 49-220e-Special tax for promotion purposes; proposed
amendment to the Constitution _______146, 201, 207, 694, 709, 897 HB 1033-Compensation of Sheriff ______________1418, 1479, 1489, 1533, 1714

Bacon Superior Court HB 140--Terms

_____________109, 231, 234, 268, 420

Baconton HB 475-Charter

_____________________439, 581, 582, 615, 835

Bail SB

175-Habeas corpus proceedings; Code Section 50-119 amended -----------------------------------1179, 1190, 1668

Bailiffs HB 681-Compensation ------------------------------------------------------------------------------923

Bainbridge

HB 531-Charter amendments ___

________469, 558, 561, 584, 837

HB 495-Contracts with county for fire protection ________________________442, 476, 483, 531, 737

HB 494-Contracts with county for fire protection ___________________________442, 508, 519, 565, 759

Baker County
SR 20--Board of education; proposed amendment to the Constitution ______________352, 358, 446, 450, 694, 729
SB 52--Commissioners _____________________325, 359, 509, 520, 569

Baldwin, Town of HB 91-Water System; fire protection ___________80, 130, 133,-165, 326

Baldwin County
HB 416-Commissioners' salary ____________________343, 446, 448, 486, 734 HB 823-Commissioners, terms,
election --------------------985, 1028, 1116, 1123, 1155, 1486

INDEX

1807

Baldwin County, County Court of HB 817-Fees -----------------------------------------------------984, 1116, 1122, 1156, 1427 HR 301-935e-Costs for Clerk and Sheriff in habeas corpus cases ________1142

Baldwin County Hospital Authority
HR 292-Land conveyance (Georgia State Training School for Boys) authorized; a resolution ________1114, 1177, 1185, 1236, 1698

Banks and Banking
SB 169-Loans on collateral; Code Section 13-2017 amended ________________________ 1021, 1041, 1248, 1255, 1658, 1715
SB 29-Records; permanent retention, etc.; photographic reproductions as evidence ______________________________183, 187, 258, 266, 411
SB 26-State banks, conversion into national banks; Code Sections 13-1305--13-1310 amended ____________182, 186, 258, 266, 410
SB 25-State banks; conversion into national banks -----------------------------182, 186, 258, 265, 390
SB 27-Trust companies; conversion into state banking corporations ____________________182, 186, 473, 485, 596
HB 902-Branches in cities of 11,500 to 11,800 _________111, 1140, 1176, 1186 HB 650-Loans ------------------------------------------------------------------------------------------919 HB 938-Taxation, banks, trust companies, etc. ----------------------------------------1144 HB 923-Taxation of banks and banking associations _______________________1141 HB 909-Branch banks in cities of 19,500 to 20,500 _1112, 1177, 1181, 1207
Banks County
HB 456-Sheriff's compensation _______________394, 446, 450, 490, 739, 771 HB 457-0rdinary's compensation _________________395, 447, 450, 490, 739, 771

Banks Superior Court HB 987-Terms ------------------------------------------------1243, 1368, 1377, 1441, 1696
Banks, Wilton HR 291-916f-Compensation for injuries ---------------------------------------1114, 1525
Bar Examinations. See Attorneys at Law HB 375-Residence, education qualifications, etc. ---------------------------------------284
Barber, Gladstone HR 279-Compensation for injuries ____________1048, 1259, 1371, 1409, 1601
Barbers SB 96-Licenses, State Board of Barber Examiners ________________1009, 1369
Barnesville HB 28-Charter amendments ____________65, 80, 81, 92, 201, 211, 283 HB 712-Whitehall Street closing authorized _______________________________928, 965, 968, 1005, 1217, 1229

1808

INDEX

Barrow Superior Court HB 987-Terms -----------------------------------------------------1243, 1368, 1377, 1441, 1696
Bartow County HR 317-Board of education; proposed amendment to the Constitution -------------------------------1247, 1383, 1419, 1564, 1697
Baxley, City Court of HB 1018-Amendments __________________________________1365, 1420, 1433, 1492, 1714

Beasley, J. W. HR 233-Compensation for injuries __________________935, 1177, 1184, 1411, 1695

Beasley, Q. A. HR 23-87f-Compensation for injuries _______________________79, 478, 484, 550, 840

Belcher, Mrs. Nina Barnes SR 17-Compensation for injuries __________________________795, 808, 846, 868, 884

Ben Hill County . HB 423-Commissioners ----------------------------------------345, 509, 517, 562, 738, 770
Berkeley Lake HB 994-Charter ------------------------------------------1244, 1370, 1378, 1442, 1696
Berrien County HB 914-Tax commissioner's compensation ____1113, 1145, 1151, 1188, 1431

Bibb County
HR 265--Building regulations; proposed amendment to the Constitution ________________989, 1174, 1184, 1315, 1699, 1718
HB 2-Board of Public education and orphanage; land conveyance ------------------------------------------61, 113, 117, 137, 256
HB 966---Candidacy of officers and representatives --------------------------------1173, 1201, 1204, 1257, 1528
HB 262-Commissioner's compensation _______________177, 258, 263, 294, 403 HB 764-Federal Social Security Act-application
to county employees -----------------------957, 990, 998, 1036, 1375 HR 156-547b--Lawbooks to; a resolution ________________473, 612, 637, 872, 877
HB 308-Legislative powers; proposed amendment to the Constitution ____ 222
HR 258-Macon-Bibb County board of health; proposed amendment to the Constitution _________998, 1116, 1126, 1297, 1599
HB 807-Pension plan -----------------------------------------983, 1116, 1122, 1153, 1462 HB 719-Pension system abolished ________________________929, 963, 968, 1006, 1214
HB 979-Roads in subdivided areas _____1198, 1384, 1420, 1435, 1702, 1751 HB 964-0fficers, election __________________________________1173, 1217, 1420, 1439, 1649

INDEX

1809

Big Creek-Harts Creek Park Authority HB 498-Establishing Act _________________________________442, 606, 613, 740, 870

Billiards HB 251-Playing by minors; Code Sections 84-1611, 84-9926 amended ____________________________________________175, 204, 206, 279, 401

Bills of Exception

HR 295-Joint Bills _____________________________1121, 1190, 1369, 1469, 1765

SB 208-Time of Tender; Code

,

Sections amended ___1484, 1496, 1642, 1644, i690, 1716, 1729

HR 291};.-Service; Code amended _______1121, 1190, 1369, 1469, 1765

Bills and Notes HB 331-Attorney's fees; Code Section 20-506 amended ______________________________475, 481, 573, 869

Bird, G. W., Jr.
HR 332-Compensation for damage to automobile

1367, 1495, 1524, 1626, 1726

Births. (See Vital Statistics Act)

Black, Jack P. HR 72-2621-Compensation for damages to automobile ------------------------~--179

Black Rock Mountain State Park

HR 102-337F-Lang exchanges for development; a

resolution

_______227, 397, 407, 545, 736

Blackshear HB 551};.-Charter amendments ____________________________505, 558, 561, 585, 838

Blakely HB 698-Corporate limits _______________926, 965, 966, 1002, 1216

Blakely, City Court of HB 477-Salary of judge and Solicitor _______________439, 508, 517, 563, 836

Bleckley County HB GO-Compensation of officers ___________________71, 202, 205, 238, 402, 673

Blind Children (See Education) Blind Persons (See Business License Taxes)

1810

INDEX

Blue Ridge Judicial Circuit HB 918-Judge's salary ~~-~~~-~~~~~~~~~~~-~~-~~~-~-~~~~-~~~~~1115, 1422, 1432, 1491, 1696

Board of Pardons and Paroles
HB 959-Records, documents, etc.; hearings ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~~-~~~1172, 1218, 1372, 1386, 1462, 1650

Board of Regents (See University System)

Board of Vocational Education
HB 674-Amendments --~~-~~-~~~-------------------------922, 964, 966, 1012, 1485
Boards of Education (See names of Counties)
HB 73-Compensation in counties of 4,520 to 4,820 ------~--76, 475, 480, 777 HR 229-County education taxes; Constitutional
Amendment ________________________934, 1019, 1120, 1454, 1766 HB 924-Eminent domain ____________________________1141, 1175, 1181, 1469, 1598 HB 872-Reorganization of school
systems ------------------------------1047, 1107, 1146, 1351, 1763 HB 253-Selection of members by grand jury in
certain counties -------------------------------------176, 964, 965, 1010, 1597 HR 299-935b--Election, duties, etc., proposed amendment
to the Constitution -----------------------------------------1143, 1189, 1594, 1633
Boats
HB 209-Drunken operation prohibited --------------~----~144, 261, 262, 302, 420 HB 285-Traffic regulations on fresh waters ____________________195, 398, 405, 578 HB 282-Driving while intoxicated prohibited ____________________________________________195 HB 233-Regulation of chartering, renting and hiring ~---149, 261, 262, 364
Boatwright, L. W.
HR 221-Compensation for injuries --------------~-~~-~933, 1258, 1372, 1412, 1600
Bolden S. Cobb Highway
HR 219-743c-Designated -----------------~--------------------------~-~~~~933, 1203, 1204, 1410
Bonds (See Real Estate Brokers and Salesmen; Validation)
HB 879-Bonds of custodial officers of prisons and work camps ---------------------------------------1048, 1117, 1125, 1159, 1430
HR 176--Frank Ammons, principal, and Tom Stanley, surety, relieved on appearance bond; a Resolution -~~~~~~~----------------------~~~~~ ~~~~~~~~-668, 1149, 1152, 1411, 1765
SB 74-Cash appearance bonds in traffic cases ~~~~~~~~~~~AOO, 409, 673, 676 HB 353-Forfeiture; Code Section 26-906
amended --~~~~--~---~-~~-~~~~~~~~~~~~~-~~~~~~~~~~~~~~~~~~-~~~~~~~250, 348, 355, 412, 869 HB 922-Maintenance Bond, illegitimate children ~~~~~~~~~~~~~~~~~~~~~-~~~~~~-~~~~-~ 1141
Boone, Joe-Election, Clerk of House of Representatives --~-~~~~~~~~~~~-~-~~~~~~-~~---~-15, 16

INDEX

1811

Boone, Honorable Alex HR 179-Tribute to; a Resolution ---------------------697, 796
Booth, Sankey HR 319-Compensation for services __________________1363, 1479, 1489, 1627, 1766

Bowdon
HB 566-Tax rate; Code Section 92-4101 amended __507, 558, 562, 586, 870 HB 565-Taxes -------------------------------------------------------------507, 581, 583, 615, 870
Boyd, B. M. HR 160-578~Compensation for damage to automobile. A Resolution -------------------------------------------------555, 777, 793, 898

Bradberry, E. C. HR 41-202c-Compensation for injuries ---------------------128

Brands and Marks, Cattle (See Cattle Brands and Marks)

Brantley County

HR 261-Tax for promotion of industry and agriculture.

Proposed amendment to the

Constitution

989, 115, 1127, 1312, 1599

Bremen HB 243-Closing of part of Flint St. authorized ____151, 182, 185, 209, 403 HB 591-Eminent Domain ______________________580, 605, 611, 641, 834

Brief of Evidence (See evidence) HR 295-Code Sections amended ______________________1121, 1190, 1369, 1469, 1765

Bridges
HB 104--Defective; condition of contractor's bond, county's liability; Code Section 95-1001 amended ___88, 204, 205, 346, 514
SB 3-State Bridge Building Authority AcL151, 164, 207, 304, 366, 367 SB 1-State Toll Bridge Authority Act _______457, 490, 606, 613, 855, 871

Brinson HB 1000-Corporate Limits ----------------------------1245, 1370, 1378, 1443, 1696

Brokers (See Real Estate Brokers and Salesmen)

Brooks County HR 153-533d-Land conveyance to; authorized; A Resolution ____________________________________________________470, 511, 520, 576, 840

1812

INDEX

Bruce, J. B. HR 50-Compensation for loss of cow ___________147, U77, 1183, 1355, 1698

Brunswick
HB 717-Commissioner's actions confirmed, street closings, land conveyances, mayor's election ______928, 965, 968, 1005, 1214

Brunswick, City Court of HB 29-Judge's salary -----------------------------------------------------66, 80, 81, 93, 230

Brunswick, Judicial Circuit
'
HB 906-Reporter's compensation ____________________1112, 1188, 1203, 1256, 1528
Bryan County HB 219-0rdinary's compensation ______________________145, 231, 235, 270, 479

Buchanan HB 486-Tax assessments _________________________.441, 476, 482, 530, 737

Buena Vista HB 789-Tax assessments ___________________________961, 991, 1000, 1040, 1216

Buford, City Court of HB 621-Compensation of judge, sheriff and clerk___627, 672, 675, 763, 902
Building and Loan Associations HB 668--Branch offices ---------------------------------------------------------------------------921
Bulloch County HB 289-Board of Education; proposed amendment to the Constitution ------------------____196, 258, 263, 296, 400 HB 611-Commissioners _____________________________601, 670, 675, 762, 902 HB 577-Tax Commissioners ---------------------~--------------555, 603, 611, 639, 901
Burch, Charles HR 96-299e-Compensation for injuries --------------------------------------------------------199
Bureau of Investigation HB 877-Compensation for service-connected injuries ________1047, 1251, 1253, 1412, 1720, 1721, 1730, 1732, 1766
Burke County SB 11-0rdinary's compensation ----------------------------------------151, 169, 202, 240 SB 154-Pension system created ________________995, 1009, 1117, 1127, 1160

lN D. EX

181!1

Burks, L. W.

.;.

Election messenger --~----~:~__________.:____:_:______~------------:.:____________:__:_~---------~-~:-~____20

Burris, C. A.
HR' 123-398b-Compensation for damage to automobile; a Resolution ______________287, 650, 673, 819, 841, 898

Business License Taxes HB 602-Disabled Persons exempt _____________________600, 1373, 1379, 1628, 1762

Busts (See Portraits, Busts, etc.)

Butts County
HB 122-Commissioners _____________________:______________91, 129, 133, 166, 327 HB 122-Commissioners; amendments -----~------------------91, 129, 133, 166, 327

Byron HB 476-Name changed to "City of Byron" --"------439, 476, 482, 430; 737

c

Cairo

HB 957-Councilmen, election' and terms --~---1171, 1250, 1253, 1380, 1596 HB 516-Gas distribution system ::~_____:____________445, 476, 483, 532, 737

HB 1029-Water, gas and electric

.

.

commissioners -----------------------------------1367, 1421, 143'4, 149.3;' '1698

Cairo, City Court of HB 1012-Compensati!)n of solicitor, clerk;
sheriff -------~------------------------------------------1363, 1421, l432, 1491,-1694

Calhoun HB 37-Commissioners --------------------------------------------------67, 202, 205, 238, 400

Calhoun County HR 303-957-Board of Education; proposed amendment to the Constitution --------------------------------------1171, 1218, 1249, 1334
Camden Superior Court
HB 907-Terms ------------------------------------------1112, 1188, 1203, 1256, 1528
Camilla
HB 30-Gas Distribution system ----------------------------------------66, 80, 81, 93, 200 HB 481-Treasurer -------------------------------------------------.440, 476, 482, 530, 737 HB 714-Water, light and gas commission ..928, 965, 968, ;1005, 1526, 1582

1814

INDEX

Camp, Sidney HR 187-Commended for efforts to secure establishment of Air Force Academy in Spalding Co. ----------------------------------786, 841
Campbell, Mrs. G. B. HR 122-Compensation for injuries ____________________287, 1148, 1151, 1194, 1599

Candler County SR 78-Lawbooks to -------------------------------------1374, 1386, 1422, 1435, 1494 HR 173-624d-Candler County, lawbooks to ____________________628, 755, 760, 800

Capitol Square SB 165-Designated, etc. __________________________1021, 1040, 1120, 1127, 1656, 1700 HB 662-Designation of -----------------------------------------------------920, 1020, 1178
Capital Punishment HB 237-Asphyxiation instead of electrocution ____________149, 511, 517, 916

Carroll County HR 166-Lawbooks to ----------------------------------------602, 755, 760, 800, 1134, 1499 HB 567-Tax Commissioner's salary ________________________507, 603, 610, 638, 838

Carrollton
HB 544-Clerk ---------------------------------------------------------.472, 558, 561, 585, 870 HB 833-Election of recorder ____________________986, 1027, 1032, 1052, 1377 HB 569-Street and sidewalk improvements ____________507, 581, 583, 616, 870 HB 570-Waterworks and sewerage; funds ____________507, 581, 583, 616, 870

Carrollton, City Court of HB 568-Judge's salary _________________________507, 603, 611, 638, 838

Carsonville SB 164-Charter ------------------------------1136, 1161, 1177, 1186, 1211
Catoosa County HB 305--Commissioners -----------------------------------------------222, 259, 264, 297, 420
Cattle Stealing SB 12-Punishment; Code Section 26-2609 amended ------------------------------151, 169, 181, 185, 364, 405
Cattle Brands and Marks HB 640-Recording; Code Chapter 62-1 amended ----------------------------------------------------791, 1117, 1121, 1196, 1762
Cave Springs HB 861-Charter amended __________________________________1025, 1118, 1124, 1158, 1429
Cemeteries (See Municipal Corporations) HB 682-General Cemetery Act ----------------------------------- . __ - .

INDEX

1815

Cerebral Palsy (See Education)

Charters (See Corporations)

Chamblee HB 325-Recorder; sanitary tax -------------------------225, 260, 265, 299, 456

Chatham County

HB 172-Commissioners

__123, 231, 234, 268, 404

SB 166-Conveyance of lands on McQueens

Island to

1021, 1041, 1177, 1186, 1650

HB 418---Homestead exemptions HB 372-Pension System _____

344, 446, 448, 487, 835 ____254, 346, 355, 378, 515

HR 312-School tax; proposed amendment to the

Constitution ____

__1246, 1522, 1531, 1638, 1714

HB 342-Traffic Commission for Savannah and Chatham County ___________________248, 290, 292, 329, 457

Chatsworth HB 141-Charter - - - ._____109, 182, 183, 208; 400, 452t 516, 541 HB 843-Amend Charter ---------------------------------------988, 1118, 1124, 1157
Chattahoochee County HB 307-Superintendent of roads --------------------------222, 259, 264, 297, 420
Chattahoochee Judicial Circuit HB SO-Judge's salary ---------------------------------------77, 129, 132, 158, 352 HB 697-Solicitor-general's compensation _________926, 991, 997, 1053, 1431

Chattooga County HB 782-Candidacy of Representatives to General Assembly _____________________________________960, 991, 999, 1039, 1215 HR 162-584a-Lawbooks to; a resolution _______556, 605, 612, 640, 872, 877
Chattooga County, City Court of HB 981-Juries, compensation ---------------------------1199, 1248, 1255, 1382, 1598
Chatuge Lake Area HR 7-42a-Park lands in; procurement from T.V. A.; a Resolution -----------------------------------------------67, 233, 237, 278, 516
Cheehaw State Park HR 249-Conveyance of lands in, to City of Albany confirmed; a Resolution ___________________962, 1148, 1151, 1194, 1426
Cheatham, Franks Certification of ------------------------------------------------------------------------------------------------------908
Cherokee County HB 984--Commissioner's compensation _________1199, 1248, 1255, 1382, 1598 HB 985-Compensation of officers and employees ---------------------------------------1199, 1248, 1255, 1382, 1598

1816

IN D EX

SR 85-School system; proposed amendment to the
Constitution ----------------------------------------1425, 1451, 1478, 1491, 1573 HR 287-916b-Consolidation of School system; proposed .
amendment to the Constitution ------------------------------1114, 1379, 1547

Cherokee Superior Court HB 39-Terms -------------------------------------------------------------67, 231, 234, 266, 402

Children (See Minors; Refrigerators; Adoption)

HB: 659-Molestation; offense defined,

..

punishment -~-------~-------c,_'___~:---------------------~-920, 1~80,: 1489, 1627, 1762

Children, Handicapped (See Education)

Churches
'HB 748-Incorporation;,.___._______.____________________.___________955,-. 1o' 3d,''1027, 1133, 1231
Cigarettes HB 469-Bill to repeal Unfair Cigarette Sales Act ------------------------ ___ .... 417
City Courts(See Natties of COurts) Municipalities . ; 'HB: 27_:_City Court merit and retirement system ---------------------------------65, 833, 842, 1010, 1484
City .Court of Albany. HB 120__:Compensation of Judge and Solicitor ____________90, 130, 133, 166, 327

City Court of BlakelY.
. ' 'HB 477-.:..sa:Ia'l'y. of Judge and. Solicitor -----------"-----A39, 508, 517, 563, 836 SB 140--Pleading and Practice; Judge's salary ____________735, 770, 792, 799

City Court of Brunswick HB 29,-Judge's salary ----------------------------------------------66, 80, 81, 93, 230
City Court of Buford HB 621-Compensation of judge, sheriff and clerk -----~------------------.-._ _ _ _627, 672, 675, 763, 902
City Court of Carrollton HB 568,-Judge's salary ---.-----------------------507, 603, 611, 638, 838
City Coiirt of Dalton HB 90--Establishing Act ----------------------------------80, 129, 132, 164, 326
City Court of Dublin HB 216-Salary of Judge and Solicitor _________________145, 182, 184, 208, 402

City Court of Eastman HB 387-Procedure and practice ____________________________285, 347, 356, 379, 516

City C.ourt of Floyd County
HB 221-Trials; juries; procedure and . practice --------------------------------------------147, 202, 206, 240, 403

INDEX

1817

City Court of Hinesville HB 41-Judge's salary ____________i______c__, ___.:___________67, 80, 82, 95, 325 SB. 15-Judge's salary ------------------------------------'-152, 169, 202, 208, 240
City Court of LaGrange HB 401-Judge's salary ______________________________288, 347, 356, 379, 837

City Court of Ludowici

'

,, I'

J

SB 41~Am~ndmEl!ltS ---~-'----------------------,---~-.-____ 230T 241, 259, 266, 331

SB 125-Judge's salary -----------------------------609, 619, 670, 677, 801

City Court of Macon
':.
HB 573-Assistant solicitor __________________________508, 603, 611, 639, 839

City Court of Pembroke
Ii:B 382-Judge's salary, terms, procedure __________285, 347, 356, 379, 516

City Court of Rich~ond County HB 43Wudge Emeritus ______________________________________369, 446, 449, 488, 738

City Court of Savannah
. HB i 7W~d~'s salary --------------------------123, 154, 156, 185, 352
City Court of Sylvania HB 811-Terms __.:___.:__________------------.______________222

City Court of Sylvester HB 599-Judge's salary, solicitor's salary, reporter, practice and procedure _______:___________600, 630, 635, 688, 902

City Court of Waycross
HB 76-Judge's salary ______________________________77, 231, 234, 267, 419 HB 77-Procedure and practice ________________..:_____________~77; 231', 234, 267, 419
HB 7~Solicitor's salary c,--------------~-----77, 231, 234, 267; 419
HB 998-Sheriff's cost ____________________1245, 1368, 1378, 1442

Civil Courts (See Names of Courts)

Civil Court of DeKalb County

.

.. I

HB 583-Clerk and deputies, liens _____________________556, 590, 628; 645, 839

HR 105-337i-Lawbooks to; a Resolution ______228, 398;407, 423, 610, 619

Civil Court of Fulton County
SB 101-Judges and solicitors; qualifications; retirement -- _ _ _ _ _ _ _ _ ___756, 769, 792, 799; 844

1818

INDEX

Civil Defense
SB 65-Air Raid shelters; owner to be held harmless for injuries to those seeking shelter therein ____399, 408, 509, 520, 852
HB 630-Act amended (Disaster Coordinator) ____________669, 936, 1350, 1699

Clairvoyance (See .Fortune Telling)

Clarke County
HR 138-439b-Board of Education; proposed amendment to the Constitution _____________________370, 395, 408, 694, 721, 724, 898

Clarkesville HR 908-Charter -------------------------------------------------------------------------------------------------------
Claxton, City Court of HB T27-Judge's salary ----------------------------------------------930, 964, 969, 1007, 1375

Clay County HB 211-Commissioners ------------------------------------------------144, 231, 235, 270, 404

Clay Superior Court SB 37-Terms -------------------------------------------------------------67, 202, 205, 238, 400

Clayton County
HR 216-Board of Education; proposed amendment to the Constitution -------------------------------------932, 1116, 1126, 1268, 1600
HB 741-Commissioner; compensation, clerks ______932, 963, 970, 1009, 1216
HB 467-Commissioner ------------------------------------------------.416, 508, 517, 563, 835 HB 740-Superior Court Clerk, sheriff, other county officers
deputies and clerks-compensation ________931, 970, 1000, 1216, 963 HB 739-Tax Commissioner's compensation ________931, 964, 970, 1008, 1216 HR 288-Waterworks and sewerage bonds; proposed
amendment to the Constitution __________1114, 1174, 1185, 1326, 1601

Clayton County, City Court of HB 738-Judge's and solicitor's compensation ______931, 965, 969, 1008, 1216

Clements, J. Sherwood HR 47-220c-Compensation for injuries ----------------------------------------------146, 1495

Cleveland
HB 593-White County-Cleveland planning commission --------------------------------------------------------580, 604, 611, 641, 835

Clinch County SB 42-Commissioners -------------------------------------230, 241, 509, 520, 566, 569

INDEX

1819

Cloudland Canyon State Park
HR 157-Name changed from Sitton's Gulch State Park; a Resolution -------------------------------------------507, 605, 613, 915, 1136
Cobb County
HB 507-Commissioners ______________________444, 508, 519, 566, 759, 810 HB 986-Commissioner and advisory
board, zoning ________________1243, 1368, 1377,1441, 1660, 1675 HB 1013-Commissioner's contracts _______________1363, 1479, 1489, 1605, 1714 HB 430-Compensation of officers _______________369, 446, 449, 487, 737 HB 506-Planning commission ___________________443, 508, 519, 565, 759 HB 997-Planning commission; zoning ________1245, 1384, 1522, 1542, 1714 HB 993-Public Roads, control and use of __1244, 1384, 1522, 1537, 1713

Cobb, Bolden S. Highway HR 219-743c-Designated --------------------------------------933, 1203, 1204, 1410
Cobb Judicial Circuit HB 868-Assistant Solicitor General ______________________________ 1020, 1479, 1489

Cochran, M. E. HR 113-Compensation for damage to livestock __________252, 798, 1578, 1765

Code Commission
HR 204-648b--Code Commission; composition and duties ___________867, 1147 SR 36-Work of, investigation ______________________736, 770, 1152, 1691, 1731

Code Sections (See 2nd Page of Index)

Coffee County
HR 130-420b--Board of Education; proposed amendment to the Constitution -----------------------------344, 395, 407, 694, 714, 898
HR 131-420c-Board of Education __________________344, 396, 407, 694, 718, 898 HB 816-Compensation of clerical assistant
for ordinary ----------------------------------------984, 1116, 1122, 1154, 1427 HR 304-School system; proposed amendment to the
Constitution ____________________________1171, 1200, 1204, 1337, 1697 HB 301-Tax commissioner's salary _____________________221, 259, 264, 296, 421 HR 116-362c-Tax for promotion purposes; proposed
amendment to the Constitution -----------------------------------------------------
Coffee County
HR 305-969a-Self-government; proposed amendment to the Constitution ----------------------------------1174, 1201, 1205, 1339
Coffee Superior Court
HB 414-Terms ----------------------------------343, 446, 448, 486, 734

1820

INDEX

Coleman's Lake HB 592-Charter ----~------"-------"--------------------_:__________580, 604, 611, 643; 835
College Park HB 586-Limits ---------~---------------------------------------------------579, 605, 611, 640, 839
Colleges HB 464-Public supported schools and eolleges, instruction in history, etc. Code Section 32-706 amended ----------------------------~------.416, 474, 482, 594, 895
Colquitt County HB 619-Airport authority -----------------------------------------~--627, 670, 675, 763, 902
Columbia County HB 291-Commissioners' compensation ______________________197, 21>8, 264, 296, 400

Columbus
HB 274-Closing of parts of Ninth Avenue and of Sixteenth St. authorized __________________________254, 324, 328, 358, 479
HB 273-Commissioner's election and terms --------~---------------------------254, 1369 HB 276-Election of Commissioners ____________________________________284, 557, 560, 818 HB 766-Eighth Avenue closed _______________________________958, 992; 998, 1036; 1215 HB 765-Land conveyance confirmed ________________957; 991, 998, 1036, 1426 HB 489-Street closing authorized ---~-------------;_____.441, 47~, 483, 531, 737

Columbus, City Court of HB 696-Solicitor's salary ----------------------------------------926, 965, 966, 1002, 1431
Columbus, Municipal Court of HB 977-Compensation of marshal and deputies ~----------------------------1198, 1250, 1254, 1381, 1597
Commission, Georgia Waterways HR 297-Established; a Resolution -------------------------------------------------1129, 1180
Commission on Education, Georgia HR 232-Established; a Resolution ________________________________935, 1000, 1163, 1375

Commissioner of Agriculture SB 129-Compensation ________________________756, 769, 793, 799, 855, 875, 881, 893

Commissioner of Labor SB 129-Compensation _____________________756, 769, 793, 799, 855, 87.5, 881, 893

IN D'E X

1821

Commissioner of Securities (See Securities)

Communism (See Subversive Activities Act) HR 91-298c-Committee to investigate ____________________198, 606, 613, 892, 911

Comptroller General SB 129-Compensation _____________756, 769, 793, 799, 855, 875, 881, 893 SB 97-Contingent expense allowance -------------,------654, 690, 793, 798, 865
Common Carriers HB 618-Seats for passengers -----------------------------------------------------------627
Condemnation (See Eminent Domain) HB 426-Vehicles, boats, airplanes, etc.; transporting deer or turkey illegaliy' caught or killed ____________________345, 474, 481, 743

Confederate Soldiers HB 160--Pensions for widows; code section 78-204 amended --------------------112,131, 134, 171, 374, 381
Confederate Soldiers Home SR 65-Conveyance of surplus land to Military Department; a Resolution --------------~----------1251, 1260, 1481, 1491, 1689
Confessions HB 894-Admissability; Code Section 38-411 amended ________________1010, 1258
Constitution Hill HR 269-Designated; a resolution ----------------------------------------------------1016, 1180
Constitutional Amendments (See 1st page of Index)

Consumer's Sales and Use Tax Act (See Sales Tax)

Contracts

HB 92--ln restraint of trade, to lessen competition, etc;, against public policy _______86, 113, 118, 137, 349, 390, 501

HB 130--Cancellation, attestation

--------------------------------107

HB 239-Construction of contracts made in settlement of

injuries or damages ____________________149, 181, 185, 217, 349

Continuances (See witnesses)

Convicts (See Public Work Camps; Prisoners)
HB 657-Information by superior court clerk to Dept. of Corrections ------------------------------920, 992, 996, 1099,1694

1822

INDEX

Cook County
SR 32-Lawbooks to; a Resolution ________________________609, 619, 755, 761, 800 SB 72-Tax commissioner's compensation ______________399, 409, 670, 676, 800

Cooperatives (See Electric Membership Cooperatives; Rural Telephone Cooperative Act)
Cordele HB 729-Corporate limits extended ________________________930, 965, 969, 1007, 1375

Cordele Judicial Circuit HB 421-Fines and forfeitures ____________________________________345, 447, 448, 532, 795

Coroners
HB 150-Fees; Code Section 21-105 amended _________________110, 181, 215, 632 HB 74-Fees in counties of 30,000 to 30,500 ____________77, 231, 234, 267, 419 HB 151-Juries; Code Section 21-209 amended ________111, 289, 291, 337, 632 HB 280-Fees in counties of 12,160 to 12,190 ____________________195, 258, 263, 295

Corporations (See Trust Companies)
HB 850-Charters, fees of Secretary of State for filing ---------------------------------------------1024, 1045, 1120, 1131, 1696
HB 541-Foreign corporation license taxes ________________472, 621, 631, 781, 896 HB 536--Income taxes; Code Section 92-3102
amended ----------------------------------------------------------471, 620, 631, 779, 895 HB 23-Income tax; executive order of May 20, 1952
confirmed -----------------------------------------------------------65, 114, 117, 140, 256 HB 539-License taxes -------------------------------------------------.471, 621, 631, 780, 896 SB 178-Power of private corporations to make
donations -----------------------------------------------1135, 1161, 1546, 1595, 1653 HB 660-Railroad corporations, dissolution ____920, 1027, 1030, 1130, 1762 HB 748-Incorporation of schools, churches and similar
organizations --------------------------------------------955, 1030, 1027, 1133, 1231 HB 113-Dissolution of charter ____________________________89, 153, 156, 190, 257, 337 HB 427-Annual returns to Secretary of State _________________________346, 990, 995 HB 113-Dissolution of charter ____________________________89, 153, 156, 190, 259, 337 HB 744-Donations by --------------------------------------------------------------------954, 998, 1098
Counties
HB 871-Debts ----------------------------------------------------------------------------1046, 1118, 1125 HB 164-Fee system abolished in counties of
40,000 to 50,000 -------------------------------------------------113, 628, 634 HB 1010-0fficers, primary elections ----------------------------------------------------------1363 SB 133-Boundary lines; surveyor's fees --------------------------------------794, 807 SB 188-Insurance to cover liabilities incurred in operation of
motor vehicles ------------------------------------------------------------------------1179, 1191
Counties and County Matters (See names of Counties; front of Index)
HB 104-Defective bridges; Code section 92-1001 amended -----------------------------------------------------88, 204, 205, 246, 514
County Court of Echols County
HB 505-Establishing Act __________________________________________443, 590, 603, 614, 795

INDEX

1823

County Boards of Education (See Boards of Education)
HB 250-Consolidation of schools; Code Section 32-929 amended ------------------------------------------------175, 557, 560, 660, 701
HR 10-42d-Election, amendment to the Constitution ________________68, 289, 293 HR 104-337h-Election; proposed amendment to the
Constitution ----------------------------- 228, 347, 356, 426, 1532, 1547, 1617 HB 970-Recording terms of members in certain counties _____________________ 1174 HB 730-Compensation of members in counties of
4,520 to 4,820 ------------------------------------------------------930, 990, 1034, 1215
County Treasurers
HB 756-Compensation; code section 23-1013 amended ---------------------------------------------------956, 990, 998, 1098, 1762
County Welfare Departments
HB 6-Destruction of obsolete case records ________________62, 81, 81, 105, 352

Court of Appeals HB 129-Compensation of Judges ________________________107, 166, 260, 262, 302 HB !56-Compensation of Reporter and of Assistant Reporter ------------------------------------------------111, 181, 183, 215, 401
Courts (See front of index)
HB 244-Physical examination of persons; how to be effective; evidence obtained by ---------------------------------------------------------174, 259

Covenants (See Land)

Covington HB 769-Utilities, easements ___________________958, 992, 999, 1037, 1603, 1645

Coweta County
HB 706-Representatives in General Assembly, candidacy _________________________________927, 964, 9~7, 1003, 1213
HR 25-87h-Lawbooks to; a Resolution ______________79, 204, 207, 239, 458, 540

Coweta Judicial Circuit HB 711--Judge's salary ------------------------------------------------------928, 997, 1034, 1214

Coweta Supreme Court HB 85-Terms ------------------------------------------------------------78, 231, 234, 267
Coweta Superior CouJ;t HB 85-Terms -------------------------------------------------78, 231, 234, 267

1824

INDEX

Cox, I. P.
HR 136-Compensation for damage to automobile --------------------------------------------369, 1177, 1184, 1242, 1600

Crabs (See Shellfish)

Cravy, B. D. HR 22-87e-Compensation for injuries _______________________79, 478, 484, 549, 841

Crawford County HB 117-Commissioners --------------------------------------------------90, 128, 133, 165, 326
Credit Unions HB 410-Fees for annual examination by State Banking Department ----------------------------------------------------322, 669, 674

Crawfordville HB 225-Waterworks, charter amended ____________________________147, 181, 185, 289

Criminal Courts (See names of Courts)

Criminal Court of Fulton County
SB 101-Judges and Solicitors; qualifications, retirement --------------------------------------------756, 769, 792, 799, 844
HR 119-362h-Lawbooks to; a Resolution ________253, 477, 484, 523, 757, 773

Criminal Law (See names of crimes and misdemeanors)
HB 341-Pre-sentence psychiatric examination in counties of 300,000 or more _______________________248, 290, 292, 329, 357
HB 297-Venue of trial and pleas in county where crime committed; Code section 27-110 amended ___________________198, 396, 405

Crisp County HR 159-578a-Lawbooks to; a Resolution ________555, 605, 612, 640, 872, 878

Cumming HB 533-Charter amendments -------------------------------505, 558, 561, 585, 796 HB 328-Charter amendments -----------------------------------------225, 260, 265, 299
D
Dade County HB 834-Tax commissioner's compensation ______987, 1116, 1123, 1155, 1428

INDEX

1825

Dalton
HB 775--Ad valorem Tax ----------------------------------959, 1030, 1050, 1376 HB 785--School Tax ----------------------------------960, 991, 1000, 1039, 1216

Dalton, City Court of HB 90-Establishing Act ----------------------------------------80, 129, 132, 164, 326
Daniels, Mrs. Olga R. HR 20~-64Sc-Compensation for injuries ----~--,--,-------------------------------867, 1372

Dead Bodies
HB 629-Retaining because of non-payment of costs of embalm~g, etc. _669 HB 974-Vital Statistics law amended ________________1198, 1258, 1369, 1506 HB 875--Post Mortem Examination Act, amended ______________________1047, 1249

Deaf Children (See Education)

Deaths (See Vital Statistics Act)
HB 487-Post Mortem Examination Act; Code Ch. 21-2 amended -----------------_ _:____441, 509, 518, 740, 869

Decatur, City of HB 932-Tax rate --------------------------------------------------------------------. Parking lots authorized ~'--__1143, 1176, 1182, 1209, 1487

Decatur County
HB 704-Commissioner's financial statement _____927, 964, 967, 1003, 1213 HB 494-Contracts with City of Bainbridge
for fire protection ________________________________442,. 508, 519, 565, 759 HB 495--Contracts with City of Bainbridge
for fire protection -----------------._____442, 476, 483, 531, 737
Deeds (See Recording)
HB 281-lndex of instruments affective property in counties of 12,160 to 12,190; Code Section 24-2715 amended ----------------------------------------------------------195, 263, 265, 295, 400
Deeds to Secure Debt
HB 937-Reversion of title; Code Section 67-1308 amended ----------------------------1144, 1448, 1480, 1585, 1764
Defaults
HR 295--(Code Section 110-401 amended) ____1121, 1190, 1369, 1469, 1765
DeKalb County
HB 474-Commissioners ---------------------------------417, 477, 482, 551, 869 HB 584-Commissioner's salary -----------------------556, 590, 628, 645, 839

1826

IN D EX

HR 322-Education tax; proposed amendment to the Constitution -----------------------------------1364, 1419, 1434, 1571, 1697
HB 455--Local government commission ___________394, 447, 450, 490, 654
HB 863-Pension system -----------------------------------------------------------1026, 1479, 1489 HB 829-Retirement system repealed; new system
provided -------------------------------------------------986, 1116, 1123, 1154, 1428

DeKalb County, Civil Court of
HB 583-Clerk and deputies, liens _____________________________556, 590, 628, 645, 839 HR 105-337i-Lawbooks to; a Resolution _______228, 398, 407, 423, 610, 619 HB 935--Judge's salary _____________________________1143, 1175, 1182, 1209, 1487

DeKalb Judicial Circuit HB 1020-Create -----------------------------------------------------------------------------1365, 1448
DeKle, Wayman HR 94-299c-Compensation for injuries -------------------------------------------------------199
Department of Defense SR 76--Lands of Forestry Commission in Baldwin County, conveyance to State Department of Defense; A Resolution __________________1252, 1260, 1481, 1491, 1672

Department of Archives and History HB 320-Director, salary and duties ____________________________________________224, 290, 292

Department of Mines, Mining and Geology HB IS--Prospecting for water supplies ____________________63, 130, 131, 170, 256

Densmore, Samuel Glen
HR 29-124a-Compensation for damage to automobile -----------------------------------------------91, 418, 422, 577, 840

Depositories HB 653-State depositories, bond and security; Code Section 110-108 amended ____________________919, 1248, 1253, 1413, 1699

Disabled Persons ((See business license taxes) HB 102-Assistance, Act of 1952 amended __________________________________88, 756, 760

Divorce
HB 694-Costs in counties of 115,000 to 135,000 ..925, 964, 966, 1001, 1485 HB 471-Registration ________________417, 475, 482, 732, 894, 899, 900 HB 367-Removal of disabilities; Code Section
30-125 amended --------------------------------------------253, 290, 292, 390, 632

INDEX

1827

Donalsonville HB 724-Street closings ---------------------------------929, 1028, 1030, 1049, 1431
Dooly County HB 552-Commissioners ______________________505, 603, 610, 638, 838

Dorr, Mrs. Edna Shepherd HR 239-743y-Compensation for injuries _________________936, 1372
Dougherty County
HR 218-Albany-Dougherty County; merger of governments proposed amendment to the Constitution ______________________932, 963, 970, 1271, 1529
HB 693-Merger of government with Albany. _925, 964, 966, 1001, 1528 HB 147-Solicitation of votes near polling
places -------------------------------------110, 290, 291, 329, 478 HB 293-Tax Commissioner --------------------------197, 258, 264, 296, 479 HB 699-Tax receiver's compensation _______926, 964, 967, 1002, 1217 HB 645-Compensatio:.t' of officers ------------------------------------791 HB 627-Tax collector's compensation ______629, 670, 676, 764, 903

Douglas County HB 289-Commissioners' compensation; clerk ____196, 258, 263, 296, 400
Drug Inspection HB 380-Chief Drug Inspector's assistants; Code Section 42-102 amended __________________284, 452, 510, 577, 795

Drunken Driving HB 209-Boats, drunken operation of, prohibited ___144, 261, 262, 302, 420

Dublin

HB 623-Tax assessments ____________627, 672, 675, 763, 903

HB 912-Executive Committee; charter amendments ___________1113, 1219 HB 763-Water, light and Gas Commission ___________________957, 1219

HB 757-Charter amendments

_____________956, 1219

HB 1001-Charter amendments -----------------------------------------1245

HB 759-Charter amendments ----------------------------------------------957, 1219

Dublin, City Court of
HB 215-Salary of judge and solicitor ______145, 182, 184, 210, 402
E

Easements (See Private Ways) East Dublin
HB 213-Police Court -----------------------------------145, 182, 184, 209, 403

1828

INDEX

East Point
HB 1041--.;charter amended ______________________1477, 1523, 1531, 1607,.1702, 1741 HB 1040-Corporate limits extended ________________1477, 1523, 1530, 1607, 1715 HB 1036-Corporate limits extended _________________1476, 1546, 1605, 1702, 1748 HB 1039-Retirement system amended ______________1477, 1523, 1530, 1607, 1715 HB 1037-Land lots described ------------------------------'--~~---------------------:_________1477

Eastern Judicial Circuit

1



. HB- 316-Solicitor-General and Assistants -------"---223, 396, 406, 424, 582
SB 239-Additional Judge ----------------------------------1448, 1498, 1523, 1532, 1693 HB 323-Additional Judge -------------------------------------------------:----.,-?25, 289, ~92

Echols County

': -.

HR .. 144-515a-Board of Educaiton; proposed amendment to the- Constitution __________________________...:_445, 474, 484, 694, 726, 898
HB 38-Board of Education; purchases ____________67, 129, 131, .157, 257, 277 .HB 87-Commissioners _____________________________________________78, 129, 132, 159, 257
.HB 963-County Court, powers defined ----'~------.:..,______1173, 1201, 1204, 1257

EehQls Superior Cou.rt

I

'

'

HB 928-Clerk, eligibility for other county

officers --------------------------------------------1142, 1175, 1182, 1208, 1702

Echols- Cdtinty; County Court of HB 505-Establishing Act -------------------------------------------.443, 590, 603, .6l4, .795

Education (See Board of Vocational Education; University System, Colleges; High Schools; Minimum Foundation Program; Schools)

HR 229--.;county education taxes; proposed amendment to the Constitution _____________________________934, 1019, 1120, 1454, 176'6

HR 195-638c-Educational system study committee;;

A Resolution

___791, 831, 842, 892, 899

HR 232-Georgia Commission on Education established;

a Resolution ---------------------------------------------------935, 1000, 1163, 1375 .HR 225-Grants for education; proposed amendment

to the Constitution --------------------------------933, 1000, 1164, 1375 HB 1054-Minimum Foundation Act amended (calculation
of local financial ability) _______________________________________________no card

HB 971-0ut-of-State education of handicapped

children ------------------------------------------------1197, 1247; 1254, 1471, 1764 HB 776-Special schools or courses for deaf children, for
children with defective speech of handicapped because of cerebral palsy in counties of

300,000 or more -------------------------------------959, 1019, 1118, 1515, 1695 HR 180-Vocational education; memorial to Georgia
delegation to Congress; a Resolution __________________________________697, 796

Education
HR 170-624a-Taxation for; proposed amendment to the Constitution -------------------------------------:628, 674, 678, 913, 971

1829

Education, Boards of (See Boards of Education; State Board of Education)
Eggs
. ' HB 12~Mark~thi~; 'Acts of 1935 and 1937 amended __91, 129, 133,170, 373

Elbert County
HB 835-Commissioner's compensation _____________987, 1116, 1123, 1155, 1428
HB 812--School system ------------------------------------984, 1116, 1122, 1153, 1437 HR 159-School system; proposed amendment to
the Constitution ------------------112, 231, 234, 258, 268, 401 HB 813-Sheriff's compensation __________________________984, 1116, 1122, 1153, 1427

Elberton HB 831-Charter amended ____________________________________986, 1116, 1123, 1155, 1482 HB 818-Charter amended ------------------------------------984, 1189, 1201, 1205, 1596

Elections
HB 661-Absentee voting by members of military forces; amendments __________________920, 1020, 1120, 1132, 1482, 1499
HB 4-Absentee voting by servicemen __________182, 186, 419, 422, 574, 591 HB 133-Absentee voting, witnessing;
Code 34-3303, 34-3307 amended ___________________108, 372, 374, 411, 631 SB 213-Candidacy in cities of 300,000 and more _____________________910, 937, 947 SB 78-Primary elections in cities of
200,000 or DJ.ore _________________________________457, 491, 694, 695, 793, 801
HB 48.4-Referendum elections, certification of
results ---------------------------------------------------.440, 510, 518, 576, 836 SB 77-Voting machines authorized in counties of more
than 300,000 and municipalities therein; Code Ch. 34-191 amended ---------------------------------------------.457, 491, 537, 603, 615 SB 7-When count of votes to begin; Code Section 34-1303 amended --------------------------------------255, 274, 1525, 1531, 1689 HB 98-Sample ballots ---------------------------------------------------------------------------87, 290 HB 126-Sample ballots --------------------------------------------------92, 181, 183, 215 HB 94-Registration of voters in counties in cities of more than 30,000 ---------------------------------------------------------------------------------SB 6-Sample Ballots for use of newspapers; Code
section 34-1907 amended ------------------------------------------------------------------------SB 6-Sample Ballots for use of newspapers .. 255, 274, 1525, 1531, 1690 SB 7-Count of votes ------------------------------------------255, 274, 1525, 1531, 1689

Electric Membership Cooperatives HB 972--Bylaws, encumbrances of property ___ 1197, 1251, 1254, 1469, 1765

Electric Membership Corporations HB 161-Controlling, Public Service Commission ____________ _

112, 155, 348

Electricians HB 1002--Board of Electrical Examiners established --- ------------------------------------------1246, 1368, 1378, 1443, 1649
Elevators HB 891-Seats for operators -------------------------------------------------- __ 1110, 1217, 1480

1830

INDEX

Ellenton HB 930--Taxation, licenses ---------------1142, 1176, 1182, 1208, 1487
Elijah Clarke Memorial Park HR 127-414a-Designating; a Resolution _______________323, 350, 357, 387, 736

Ellijay HB 424-Charter amendments ----------------------------------345, 476, 481, 524, 835 HB 553-Limits -------------------------------------------------------------505, 558, 561, 585, 796
Emanuel County HB 492-Commissioners __________________________________________________41, 508, 518, 565, 758

Eminent Domain
HB 115-Condemnation of rights of way, borrow pits, etc. ---------------------------------------------------------------90, 447, 448, 550, 836
SB 137-Condemnation procedure in counties and cities of 250,000 or more -----------------------------------735, 769, 793, 799, 845, 872
HB 924-County boards of education, proceedings to condemn --------------------------------------------1141, 1175, 1181, 1469, 1598
HB 1026---Street railroad companies; Code Section 94-1002 amended ---------------------------------------------------------1366, 1525, 1530

Employees and Officers, State
SB 156---Sedition and Subversive Activities Act amended _______ 1021, 1040, 1120, 1127, 1239, 1526, 1581, 1584, 1603

Employees' Retirement System (See Retirement) SB 44-Amendments __________________________________________________257, 301, 447, 450, 595 SB 45-Survivors' benefits --------------------------------------257, 301, 447, 450, 595

Employment Agencies HB 587-Regulation ------------------------------------------------------------------------------------------579-

Engineering Advisory Board HB 581-Creating Act --------------------------------------------------------------------556, 1423, 1432

Employment Security
SB 59-Act amended; Code Sections 5-622, 54-604, 54-609 amended ----------------------------------------351, 360, 672, 676, 855, 871

Erosion SR

25-Control on highways; a resolution _______________582, 588, 831, 842, 892:

INDEX

1831

Escapes SB 205--Escape or attempt to escape after lawful arrest _________________________________1483,1496, 1596, 1604, 1674, 1755

Evans County HB 780---Commissioners' compensation ________959, 990, 999, 1019, 1038, 1215

Everett, C. L. HR US-Compensation for injuries ________252, 821, 1177, 1184, 1410, 1694

Evidence (See witnesses)

SB 29-Bank records; photographic reproduction

as evidence -------------------------------------------------------183, 187, 258, 266, 411 SB 162--Communications with insane persons or one

since deceased --------------------------------------1135, 1161, 1523, 1531, 1672

SB 172--Depositions, procedure ------------------------1251, 1259, 1546, 1642, 1732

HB 179-Documents; pre-trial admission of

'

genuineness, etc. ----------------- ________________________124, 289, 291, 342, 736

SB 172--Interrogatories, who may be

examined on --------------------------------------------1251, 1259, 1546, 1642, 1732 HB 894--Confessions, Code Section 38-411 amended ____________________1110, 1258

HB 883-Illegal search, seizure, or arrest; evidence

obtained by inadmissable ------------------------------------------------------1108, 1258 HB 633-Agent or employee of Corporation, communication with
insane or deceased person; Code Section 38-1603 amended ________751

SB !52--Confidential communications; fact of employment of counsel admissible ____________________________1020, 1040, 1372, 1379, 1730

Examining Boards HB 486-State Board of Examiners of Psychologists, per diem -------------------------------------------------------------441, 476, 482, 530, 737
Exceptions Pendente Lite HR 295--Code Section 6-1305 repealed _____________ 1121, 1190, 1369, 1469, 1765 HR 295--Exceptions to antecedent ruling, judgment, etc. ----------------------------------------1121, 1190, 1369, 1469, 1765 SB 208-Time of filing __________________1484, 1496, 1642, 1644, 1690, 1716, 1729
Executions HB 237-Capitol punishment, asphyxiation instead of electrocution ----------------------------------------------------------149, 511, 517, 916
Executors and Administrators HB 855--Investments; Code Section 113-1518 amended ----------------------------------------------------1024, 1147, 1150, 1195, 1763
Eyes HB 129-Putting out; punishment _________________________ 107, 166, 260, 262, 302

F
Fair Hearing Act HB 889-Defined ---------------------------------------------------- _______________ 1109, 1423, 1432

1832

INDEX

Fair Trade Act SB 171-Procedure --------------------------------------1021, 1041, 1120, 1127, 1261, 1483
Fannin County HB 265-Commissioners ---------------------------------------193, 258, 263, 294, 330, 420
Fannin County Superior Court HB 313-Terms -----------------------------------------------------223, 258, 265, 298, 421
Farm Price Support (See Agriculture) Fayetteville
SB 148-Charter amendments --------------------------------------795, 808, 833, 842, 873 Federal Motor Fuel Taxes
HR 175-A Resolution -----------------------------------------------------------------------664, 796 Federal Social Security Act (See Social Security Act) Federal Regulation of Utilities
SR 43-Memorial to Congress; a Resolution -------------------------------------797, 827 Federal Taxation
SR 13-Proposed amendment to Federal Constitution ________654, 690, 810
Feeding Stuffs (See Livestock)
Felonies HB 585-Penalty on conviction of second or subsequent offenses ___________555

Fennell, Mrs. Hilda Compensation for damage to automobile

Fines and Forfeitures (See Traffic)
HB 454-Disposition of fines in traffic cases ____________394, 475, 481, 576, 795 HB 374-Distribution in counties of 6,700 to 6,740 ____ 254, 324, 328, 358, 479 HB 548-Fishing and game violations; disposition _____________________________473, 543 HB 118-Traffic cases in court of Ordinary in counties of
7,500 to 7,600 ____________________________________________________90, 125, 133, 165, 326

Firemen SR
SR

23-Pensions; proposed amendment to the
Constitution ------------------------------------------------797, 809, 990, 1001, 1716 23-Taxation for firemen's pension; proposed amendment
to the Constitution -------------------------------------797, 809, 990, 1001, 1716

Fires SB 149-Reports to State Fire Marshal --------------------------------------1527, 1545

INDEX

1833

Fireworks HB 109-Sales; control --------------------~-----------'------------------------------- _____________ 89, 398

Fish (See Shrimp; Shellfish)

HB
- HB HB HR
HR

235-Illegal devices and methods of killing, etc. ________________________________________________149, 203, 206, 971, 1761
234-Sale of fresh water scale fish prohibited _______,_______149, 203, 206
317-Sale of fresh water fish prohibited -------------------------------------224, 695 196-639d-Conservation, committee
to study __________________________________________________791, 832, 842, 892, 893, 900 215-743a-Non-residents, recognition of license __________________ ______,_______932

Fishing
HB 272-Fishing and shrimping licenses ________________ 19,4, 348, 353, 662, 836 HB 326-Hunting, fishing or trapping without license; - -
offense defined, punishment _______- __225, 348, 354~ 1262, 1761 HB 732-Hunting or fishing without license, jurisdiction -of
court of ordinary in counties of 14,450 to 14,650 ---------------------------------------930, 963, 969, 100.7, 1431 HB 948-Nonresident fishing licenses and
permits -----,------------------------------------------1170, 1202, 1205, 1577, 1764 HB 270:--Rough Fish, taking. by baskets ---,~----------193, ~48, 353, 815, 1136 HB 360-Seiltence by ordinary for hunting or fishing without
license in counties of 12,202 to 12;387 _____ 251, 324,- 328, 357, 734

Fitzgerald
HB 733-Eminent domain, fire protection ---------------------- 931, 992, 997, 1035, 1424, 1498, 1625
HB 139-Pension system -----------------------------------------~--------109, 131, 134, 327
Flood Control
HR. 297--.:.Georgia Waterways Commission established; a resolution ----------------------------------------------------------------------------1129, 1180
Floyd County HB 594---,Ca~didacy for House of Representatives ___ 580, 603, 612, 641, 835 HB 149-Commissioners __________________________________::____________ 110, 129, 134, 168, 328 HB 148-Commissioners __________________ __________________ 110, 129, 134, 167, 327, 757 HB 174-Water, sanitation, fire protection _____________123, 258, 262, 294, 404

Floyd County, City Court of
HB 860-J'udge's salary ------------------------------------------1025, 1118, 1158, 1429 HB 221-Trials; juries, procedure and practice ______ 147, 202, 206, 240, 403

F~rd, Mrs. Addie Lee HR 145-515b-Compensation for injuries _______________________________445, 1525, 1530

Football HR 141-458b-National Collegiate Athletic Associlition urged to change rules ___________________,_________:_______________________________________ 395

1834

INDEX

Forest Park
HB 1031-Mayor or city manager; referendum ------------------------------------1367, 1421, 1434, 1494, 1674, 1674
HB 827-Wards; councilmen _____________________ 986, 1027, 1031, 1051, 1482, 1500

Forest Research Council HB 676-Creating Act ______________________923, 1020, 1120, 1132, 1423, 1462, 1527

Forestry HB 676-Georgia Forest Research Council, creating Act _______________________923, 1020, 1120, 1132, 1423, 1462, 1527 HB 677-Regional forest fire protection compact _923, 964, 966, 1012, 1375
Forestry Commission SR 76--Lands in Baldwin County, conveyance to State Department of Defense; a resolution __1252, 1260, 1481, 1491, 1672

Forsyth County HB 879-Indebtedness for buildings _______________1048, 1117, 1125, 1159, 1430 HB 880-Zoning regulations, administration ____1048, 1117, 1125, 1160, 1430 HB 333-Sheriff's compensation -----------------------------------------259, 265, 299, 479
Forsyth Superior Court HB 330-Terms ------------------------------------------------------------------226, 389, 406, 424, 582
Fort Mountain State Park HR 112-362a-Exchange of lands authorized; a resolution -------------------------------------252, 511, 519, 653, 840
Fort Valley HB 975-Charter amendment ----------------------------1198, 1250, 1254, 1381, 1597 HB 428--Gas distribution system ________________________________368, 397, 407, 425, 606

Fortune Telling
HB 686-County control of fortune telling, phrenology, astrology, clairvoyance, palmistry, etc. ______________________________924, 996, 1098, 1598

Fortson, Ben Communications, certifications, etc. ----------------------------------------5, 6, 11, 12, 809
Franklin County HB 601-Commissioner of Roads and bridges _________ 600, 670, 675, 762, 902 HB 638--Treasurer's salary ----------------------------------------752, 792, 798, 843, 1022

INDEX

1835

Franklin D. Roosevelt Warm Springs Memorial Commission
HB 848-Appropriation _________________1023, 1190, 1248, 1504, 1763 HB 97-Lang conveyances ___________________87, 114, 118, 141, 514

Frye, Clyde
HR 35-Compensation for injuries to child __109, 1029, 1032, 1103, 1600
Fulton County
SB 176--Board of education, funds ----------------1021, 1041, 1117, 1127, 1161 SB 109-Board of Education employees _________513, 536, 603, 613, 643 SB 130-Board of Education ______________________________________632, 645, 670, 677, 764 SB 104-Building inspection __________________________512, 535, 603, 612, 642 SB 108-Civil Service System ______________________513, 536, 603, 613, 643 SB 210-Civil service board; amendments ________213, 1220, 1450, 1479, 1533 SB 234-Civil service system amended ____________1484, 1497, 1522, 1532, 1611 SB 100-Collection of City of Atlanta taxes ___________734, 768, 792, 798, 843 HR 248-Conveyance to of surplus expressway
lands ----------------------------962, 1149, 1151, 1292, 1713 SB 105-Fire protection -----------------------------------513, 536, 603, 612, 642 SB 106--Group insurance of employees _____________513, 536, 603, 612, 643 SB 98-Health and sanitation ________________________________512, 535, 603, 612, 642 HB 485-Judges' and Solicitor-General's
retirement fund ____________________441, 508, 518, 564, 901 SB 102-Retirement system _____________512, 535, 603, 612, 642 SR 27-Roadwork in certain incorporated areas; proposed
amendment to the Constitution ____797, 809, 832, 842, 1342, 1483 SR 71-School debt; proposed amendment to
the Constitution ----------------------1180, 1191, 1200, 1205, 1348 SR 70-School taxes, homestead exemption; proposed
amendment to the Constitution ----1179, 1190, 1200, 1205, 1346 SB !59-Taxation ________995, 1010, 1028, 1032, 1127, 1139, 1140, 1645, 1701

Fulton County, Civil Court of
HB 1043-Compensation of clerks and marshals ------------------------------------------------1478, 1524, 1531, 1607, 1715
Fulton County, Criminal Court of
SB 101-Judges and solicitors; qualifications, retirement ----------------------------------------------------756, 769, 792, 799, 844
HR 119-Lawbooks to; a resolution ----------------------253, 477, 484, 523, 757,773 HB 858-Retirement system, amended ____________1024, 1120, 1124, 1262, 1661

Fulton County, Superior Court of HB 864-Chief deputy clerk, salary ------------------1025, 1116, 1125, 1158, 1429

Fulton County, Juvenile Court of SB 101-Judges and solicitor; qualifications, retirement ________________________________________________________756, 769, 792, 799, 844

1836

INDEX

G
Gainesville HB 809-Compensation of mayor and commissioners ___________________983, 1028, 1031, 1033, 1176, 1186, 1427
Gallemore, Mrs. W. J. HR 92-Compensation for damage to automobile --------------------------------------------199, 1029, 1032, 1411, 1601
Game HR 196-639d-Conservation; Committee to study -----------------------------------------------791, 832, 842, 892, 893, 900
Game and Fish (See Fishermen; Fishing; Shrimp) HR 110-337n-Commission to study; a resolution _229, 348, 357, 732, 868
Game and Fish Commission HB 231-Control of rabies infection of livestock by wild animals _____________________________________________________148, 203, 206, 280
Game Refuge . HB 269-Drunkenness on State-managed game refuge prohibited __193, 474
Games (See Billiards)
Garden City HB 171-Charter amended --------------------------------------~-----------------------------------------123
Garland, Ben Investigation of ---------------------------------------------------------------------------------------------------1472
Garnishment HB 463-0fficials of State, county or municipality ____________________________416, 991

Garrett, Jearldyne HR 54-242b-Compensation for injuries ______________________________150, 1372, 1378

Gasoline
HR 175-Federal motor fuel taxes; a resolution ________________________________664, 796 HB 142-General Appropriations Act ________109, 343, 396, 431, 452, 674, 692 HB 580-Tax refund; Code Section 92-1403 amended ______________________555, 590

General Assembly
HB 594-Candidacy of Representatives of Floyd County -------------------------------------------------580, 603, 612, 641, 835
HR 202-Captain W. M. (Buck Weaver) commended for services; a resolution ---------------------------------------------------------860, 899
HB 782-Chattooga County Representatives, candidacy ---------------------------------------------------960, 991, 999, 1039,1215
HR 164-594b-Committee to study warehouse system; a resolution ______________________________________________________581, 670, 676, 785, 899

INDEX

1837

SR 86---Committee to investigate financial status

of Board of Regents and University Sys-

...

tern, A Resolution --------------------------------1136, 1162, 1178, 1186, 1193

SR 75--Committee to visit Georgian Clinic; a Resolution ___________994, 1014

HB 169-Counties having two representatives to House,

candidacy in -----------------------------------------------------------123, 291, 340, 1699 HR 174-Former Governor Adlai E. Stevenson requested
to address --------,-----------------~:~____:_~_______:_______________________________~---~664, 796

IlB !-Members of House of Representatives; apportionrp,ent . of members ------~---------------------------------------------:.:_61, 81, 103, 256
SR 80-'-Legislative council; committee to study ---~--1135, 1162, 1256, 1666

HB 80S--Representatives from Hall County,

candidacy -----------------~--------------------------------983, 1175, 1181, 1206, 1486

ij:B 79~Representativ~l\l ,from Coweta County,

.,

'candidacy -~--:--~------------------------------------------927; 9641 967; 1003, 1213

85-c--:-Time and duration of sessions;' proposed amendment



tg the Constitution ______________________________196, 289, 293, 811, 8;1.4, 1697

HR 88-289d-Resolution, change of rules of House

because of split sessions ----------------------------------------------197 HB 636---Bills seeking compensation for injuries ______________.:______~___._752

HR 45-220a-Committee of House to study Acts adopted . since adoption of 1933 Code ~-..:.:~___:_:~~---------------146, 181, 185, 219

HR 40-202b-Joint Committee to study economy in government _128, 372 HR 306-985a-Committees to investigate institutions,

eligibility of members -------c-----------------,-----------------------------:-,1199

General Cemetery Act HB 682-Regulate -------------------------------------------------------------------------------no. num.
Geology (See Dep~rtment of Mines, Mining and Geology)

Georgia Bureau of Investigation (See Bureau of Investigation)

Georgia National Guard HB 298--Retirement --------------------------------------------------------198, 651, 672, 785

Georgia Power and Light Company HR 310-lOOla-Rates --------------------------------------------------1245, 1384, 1422, 1627

Georgia Railroad and Banking Company
HR 222-Participation by State in stockholders' agreement; a resolution ----------------------------------------------178, 1184, 1231, 1529

Georgian Clinic SR 75--Legislative committee to visit; a resolution --------------------------994, 1014

Gilmer County
HR 244-Board of Education; proposed amendment to the Constitution ----------------------961, 1115, 1126, 1287, 1602
HB 617-Commissioners ----------------------------627, 670, 675, 763, 902

1838

INDEX

Gilmer Superior Court
HB 900-Terms ------------------------------------------------------1111, 1145, 1150, 1187, 1430 HB 40-Terms ------------------------------------------------------------------67, 231, 234, 266, 419

Glennville
HB 1003-Mayor and council; tax assessors -------------------------------------1246, 1370, 1378, 1443, 1660, 1752
HR 86-289b-Land conveyance to; authorized; a Resolution ----------------------------------------------196, 447, 484, 594, 796

Glynn County
HR 227-Lawbooks to --------------------------------934, 1028, 1032, 1053, 1482, 1499 HR 245-Lawbooks to Glynn Court of
Ordinary -------------------------------------------------961, 1119, 1126, 1160, 1431 HB 71~0rdinary's retirement _____________________928, 990, 997, 1034, 1214

Golden, Miles V. HR 257-843c-Compensation for injuries -----------------------------------------------------988
Gordon County HB 334-Commissioner's compensation ----------------------226, 258, 265, 299, 421 HR 103-337g-Lawbooks to; a resolution __________________228, 398, 407, 423, 633

Governor SB 129-Compensation ------------------------756, 769, 793, 799, 855, 875, 881, 893
Governor's Mansion HB 793-Commission to investigate leasing --------------------------------------------------981
Grace, Ben HR 70-262j-Compensation for injuries ----------------------------------------------------179
Green, Robert R. HR 298-935a-Compensation for injuries ---------------------------------------1371, 1443
Greene County SB 182-Commissioner ------------------------------------------1212, 1220, 1449, 1479, 1535 HB 828-Tax Commissioner ----------------------------------986, 1116, 1123, 1154, 1428

Griffin
HB 710-County Board of Education; candidates, elections ------------------------------------------------------928, 964, 968, 1004, 1180
HB 901-Retirement system amended ______________1111, 1176, 1181, 1207, 1486 HB 415-Griffin-Spalding County School
System --------------------------------------------------------------323, 492, 509, 521, 758

INDEX

1839

Group Life Insurance (See Insurance)

Guardians
HB 162-Leases of real property ----------------------------112, 154, 156, 190, 401 SB 89-Sale of stocks and bonds ____________________________582, 587, 671, 676, 825 HB 493-Sale or exchange of property; code
Section 49-203 amended ________________________________442, 510, 518, 577, 837 HB 339-Borrowing money by; Code Section 49-226 amended _________228, 473 HB !57-Designation while sane of guardian in case of insanity ____111

Gurley, James W.
HR 75-262o-Compensation for injuries --------------------------------------------179, 1372 HR 30-124b-Compensation for injuries --------------------------------------------91, 1372
Guyton, Mrs. Sara Pickett HR 140-458a-Compensation for injuries ------------------------------------------------395
Gwinnett County HR 320-Water, sanitation, sewerage and fire protection authority; proposed amendment to the Constitution ------------------------------1364, 1419, 1434, 1568, 1697
Gwinnett Superior Court HB 123-Terms -----------------------------------------------------------------91, 231, 234, 268, 514 HB 987-Terms ----------------------------------------------------1423, 1368, 1377, 1441, 1696
H
Habeas Corpus SB 175-Bail; Code Section 50-19 amended ______________________1179, 1190, 1668

Habersham County
HB 632-Gas distribution authority established ------------------------------------------HR 129-420a-Lawbooks to; a resolution ______344, 477, 484, 523, 757, 773 HB 420-Zoning ----------------------------------------------------344, 446, 448, 487, 734
Habersham Water Authority
HB 628-Created ----------------------------------------------------------668, 753, 760, 874, 1022
Hall County HB 644-Commissioners, recall ______________________791, 847, 867, 871, 1217, 1452 HB 184-Commissioners ____________________________________________125, 231, 235, 269, 404 HB 80S-Representatives in General Assembly, candidacy --------------------------------------------------983, 1175, 1181, 1206, 1486 HB 178-Zoning -------------------------------------------------124, 231, 235, 269, 404 HB 777-Salaries of officers ------------------------------------------------------------------------959 HB 790-Tax Commissioner ----------------------------------------------------------961
Hamilton, Thomas E. HR 201-Compensation for injuries to automobile ----------------------------------------------830, 1372, 1378, 1505, 1766

1840

INDEX

Hand, Fred Election-Speaker of House of Representatives ----------------------------------------14, 15

Handicapped Children (See Education)

Hapeville
HB 915-Charter amended; pension system ---------------------------------------113, 1370, 1377, 1533, 1702, 1749
HB 607-Limits ------------------------------------------------------601, 630, 636, 689, 870

Haralson County
HR 274-Board of Education; proposed amendment to the Constitution _________________________1026, 1116, 1127, 1319, 1602
HR 115-362d-Lawbooks to; a resolution ________252, 347, 357, 377, 560, 589 HR 114-362c-Lawbooks to; a resolution _____252, 477, 484, 522, 757, 774

Hares
HB 606-Rabbits and hares, hunting and sale of -------------~----------------601, 695, 754, 945, 970, 978, 1217, 1260

Harlem HB _ 119-City Manager, police court ____________________________90, 130, 133, 165, 326

Harris, 0. L. HR 276-Compensation for damage to automobile ----------------------------------------1027, 1372, 1379, 1633, 1765
Hart County SB 14-Tax commissioner's compensation ______________________152, 202, 207, 249

Hartsfield, H. E.
HR 74-262n-Compensation for injuries; a resolution ------------------------------------------179, 650, 793, 819, 821, 897
Harrison, N. Aldo
HR 234-Compensation for damage to automobile -----------------------------------------935, 1148, 1151, 1193, 1602

Hazlehurst HB 859-Charter -------------------------------------------------1025, 1118, 1124, 1158, 1429
Health Centers HB 181-Grants for construction -----------------------------124, 350, 353, 388, 608 SB 43-Gralits in aid by State _______________________________.455, 490, 606, 613, 852

INDEX

1841

Henry County
HB 980-Treasurer's statement of receipts __1199, 1248, 1255, 1381, 1598 HB 999-Zoning and planning commission ___1245, 1368, 1378, 1442, 1696

Hicks, Mrs. J. H. HR 278-Compensation for death of her father ------------------------------------------1048, 1259, 1371, 1409, 1601
High Schools HB 13-Courses in Government ____________________63, 202, 204, 246, 633, 849

Highways (See Alternative Road Law; Bridges)

SR

-Charles S. Floyd Road designated; a resolution----------

HB 115-Condemnation of rights of way, borrow

pits, etc. -----------------------------c-------------90, 447, 448, 550, 836

HR 248-Conveyance to Fulton County of surplus

.

expressway lands __________962, 1149, 1151, 1292, 1713

SR 25-Erosion control; a resolution ___________582, 588, 831, .842, 892

HR 90-298b-Jefferson Davis Highway, Route 2, designated

a resolution -------------------------------198, 349, 356, :411, 633 SB 217-Route markers, direction signs, etc. ___932, 1177, 1184, 1242, 1600

HB 794-Turn Authority Act _______________981, 1149, 1150, 1152, 1355, 1506, 1604, 1646, 1949

HB 752-Welcome stations at highway entrances into State

authorizing Act ----------------------------------------------956, 998, 1195, 1696 HR 219-743~Bolden S. Cobb, Highway

designated -------------------------------------------------- 933, 1203, 1204, 1410 HR 109-337m-Committee to study proposed changed

in system --------------------------------------o------------------------------229, 511
HB 955-Dumping Trash on ---------------------------------------------...1171, 1524, 1530 HB 955-Dumping trash, refuse or garbage on land

of another or along hjghway ---------------------------....1171, 1524, 1530

Highway Department
HB 654-Powers and duties ______________________919, 996, 1104, 1485, 1485 HR 137-439a-Employees, minimum wage scale -------------------------------370

Hill, Henry C. HR 275-Compensation for injuries --------------1026, 1177, 1185, 1412, 1602

Hinesville, City Court of
HB 41-Judge's salary ------------------------------------------67, 80, 82, 95, 325 SB 15-Judge's salary ---------------------------------152, 169, 202, 208, 240

Bitt, Corporal Crawford Lee HR 226-Compensation for injuries ____________________934, 1177, 1184, 1411, 1602

Holes HB 409-Abandoned open wells or holes, in certain counties _____________________322, 447, 448, 485, 734

1842

INDEX

Holidays
HB 722-Declaration of holidays in cities of more than 300,000 -----------------------------------------------------------929, 992, 997, 1536
HR 327-Lee's birthday and Washington's birthday; extra day for legal holiday for State employees ___________1323, 1650
HR 172-624c-Day in lieu of holiday not taken because of necessary work ---------------------------------------------------------628, 694
Home Rule
HR 243-Municipal home rule; proposed amendment to the Constitution ____________________________961, 990, 1001, 1099, 1660, 1666
HB 229-Municipal home rule Act amended ------------------------------------------------148
Homicide
HB 461-Recovery for husband's or parent's homicide not subject to debts, but may be set aside as year's support ----------------------------------------------------__416, 475, 481, 592
Horne, Sherrod
Certification of ----------------------------------------------------------------------------------------------------809
Hospitals (See Veterans; Milledgeville State Hospital; State Hospital Authority)
HB 50S-Compensation for State employees contracting tuberculosis from occupational exposure --------------------------------------------------------_444, 557, 560, 592, 895
HB 181-Grants for construction _______________________________124, 350, 353, 388, 608 SB 24-Hospital authorities, tax powers ________________373, 380, 398, 408, 465 SB 49-Hospital authority Act amended ________________419, 426, 606, 613, 823 HB 564-Hospital authorities Act amended _____________506, 777, 792, 815, 896 HB 154-Liens for care of injured
persons ____________________________111, 260, 262, 337, 973, 1232, 1529, 1581 HB 749-State Medical College Hospital,
Act amended --------------------------------------------955, 1020, 1120, 1131, 1426 HB 513-0btaining food, lodging, etc., from by fraud ______________________________444 HB 690-Hospital for indigent sick or near indigent
sick in conjunction with State Medical College __________925, 980, 996 SB 43-Grants in aid by State _______________________________.455, 490, 606, 613, 852

Hospital Authorities Act HB 405-Amendments ---------------------------------------------- _______________________321, 372, 375
House of Representatives (See General Assembly)

Houston County
HB 479-Commissioners' compensation ______________________440, 508, 517, 563, 758 HB 480-Tax receiver's commissions _______________________.440, 508, 518, 564, 758
Hunting and Fishing
HB 326--Hunting, fishing or trapping without license; offense defined; punishment ___________________ 225, 348, 354, 1262, 1761
HB 675-Rabbits, season ___ _______ _________ __ ------------------------------------------------------922

INDEX

1843

HB 732-Hunting or fishing without license, jurisdiction of court of ordinary in counties of 14,450 to 14,650 __________________________________________930, 963, 969, 1007, 1431
HB 792-Hunting while intoxicated ____________________981, 1046, 1147, 1241, 1597 HB 25-Register for posting lands _____________________________65, 260, 261, 301, 514
HB 606-Rabbits and hares; hunting and sale _____________________________601, 695, 754, 945, 970, 978, 1217, 1260
HB 360-Sentence by ordinary for hunting or fishing without license in counties of
12,202 to 12,387 -----------------------------------------------251, 324, 328, 357, 734

Hunting HR 215-743a-Nonresidents, recognition of license ------------------------------------932

Husband and Wife
HB 107-Witnesses against each other on criminal trials -----------------------------------------------------88, 181, 107, 214

Hutchins, E. H. HR 63-262c-Compensation for injuries

__178

I
Ice Boxes (See Refrigerators)

Ida Cason Calloway Foundation
HR 250-Sale of land in Harris County to, confirmed ----------------------962, 1028, 1032, 1102, 1431

Illegitimate Children HB 922-Maintenance bonds ------------------------------------------1141

Income Taxes
HB 359-Capital gains and losses; Code Section 92-3119 amended ---------------------------------------251, 332, 350, 389, 607
HB 538-Code Sections 92-3109, 92-3119, 92-3303, 92-3305 amended _______________________________________471, 621, 631, 745, 896
HB 23-Corporation tax; executive order of May 20, 1952 confirmed ________________________________65, 114, 117, 140, 256
HB 536-Corporations; Code Section 92-3102 amended ___________________________________________________________471, 620, 631, 779, 895
HB 524-Deductions for servicemen _________________________468, 631, 635, 732, 895
HB 755-Deduction for child care expenses ------------------------------------------956, 1120, 1121, 1193, 1482, 1498
HB 358-Deductions for servicemen _________________________251, 332, 350, 389, 607
HB 989-Deduction of net operating loss ______1244, 1373, 1377, 1505, 1698 HB 537-Deductions from gross income; Code Section
92-3109 amended ------------------------------------471, 621, 674, 744, 872, 875 HB 990-Deductions; Code 92-3109 amended ____1244, 1373, 1377, 1505, 1698

.1844

INDEX

HB 542-Exemptions allowed trusts and estates; Code Section 92-3106 (h) amended ------'--'-------------------472, 621, 631, 780, 873, 880
HB 167 Interest on overdue payments; Code Section 92-3305 amended --------------------------------122, 331, 350, 388, 836, 836
HB 22-Members of armed forces; executive. order of March 26, 1952 ratified --""-------------------------------64, 114, 117, 139, 256
HB 535.--Personal exemptions; Code Section 92-3106 amended -------------------------------------------.471, 620, 631, 779, 895
HB 899-Personal exemptions; Code Section 92-3106 amended --------------------------------111, 1190, 1204, 1516, 1764
HB 534-Reporting on installment plan; Code Section 92-3107 amended ____________________________.471, 620, 631, 777, &95
HB 355.--Veterans of Korean conflict ________________________250, 332, 350, 388, 607 HB 890-Deductions for Federal income taxes --------------------------~------------1109 HB 518-Deductions; Code Section 92-3109 amended _____.467, 620, 631, 777 HB 563-"Doing Business"; Code Section 92-3113 amended _____________506 HR 229-743n-Amendment to Federal
Constitution ------------------------------------------934, 1019, 1120, 1454, 1766 SB 231-Wilfully failing to make returns or
to supply information _____________934, 1177, 1184, 1411, 1603, 1689
Insane Persons (See Milledgeville State Hospital)
HB 892-Restoration of sanity; proceedings to establish ____________________1110, 1249, 1253, 1413, 1764
HB 751-Lunacy proceedings ----------------------------------------------------------------------955 HB 825.--Mentally Ill instead of ''lunatics" Act of 1947 _________________________985 HB 826-Restoration to sanity (Certificate of Super..:
intendent of Milledgeville State Hospital) ________________________________986 SB 142-Commissions for guardianship or commitment;
Code Section 49-604 amended ________________794, 808, 991, 1001, 16S6
Insurance
SB 170-Group life insurance; limit on term insurance --------------------------------1135, 1161, 1170, 1255, 1654, 1701
HB 354-Intangible Property Tax Act ----------------------------250, 331, 1220, 1652, 1654, 1659, 1700, 1712
HB 318-Liability insurance, motor vehicles ______________________________________________224
Insurance and Insurance Companies
HB 953-Taxation, insurance adjustment bureaus and insurance adjusters ----------------------------------------1170, 1250, 1253, 1472
HB 189-Insurer's liability for judgment against insured ----------------------------------------------------------------------125, 398, 405, 459
HB 870-Claims against settlement and compromise -------------------------------1046 HB 69-Cancellation of policies --------------------------------------------------------------------76 HB 678-Term insurance, limitation ---------------------------------------------------------923 HB 673-Term insurance; limitation --------------------------------------------------------------922 HB 284-State self-insurer of property owned by it
and its branches -------------------------------------------------------------------------195-477
Insurance Agents
HB 378-Licensing ---------------- ------------------------- .284, 475, 481, 741, 869
Insurance Companies
SB 28-Investments; Code Section 56-224 amended ----------------------------------------------------------183, 187, 258, 266, 390

INDEX

1845

Interrogatories SB 172-Who may be examined on __________________1251, 1259, 1546, 1642, 1732

Intoxication
HB 269-Drunkenness on State managed game refuge prohibited ___193, 474 HB 287-Driving motor vehicle while drunk; Code
section 68-307 amended ---------------------------196, 1368 HB 282-Driving boat while intoxicated prohibited _______________________195

Interstate Compacts
HB 677-Regional forest fire protection compact ----------------------------------------------------923, 964, 966, 1012, 1375

Investments (See Executors and Administrators)

Invitees SB

65-Air raid shelters; owner to be held harmless for injuries to those seeking shelter
therein ----------------------------------------------------399, 408, 509, 520, 852

Irwin County
HB 815-Commissioner's compensation _____________984, 1116, 1122, 1154, 1427 HB 385-Commissioner's compensation __________________285, 324, 329, 358, 479 HB 384-Tax Commissioner -------------------------------------------------285, 356, 379, 516

J
Jackson Superior Court HB 987-Terms -----------------~-------------------------------1243, 1368, 1377, 1441, 1696

Jamerson, Lamar HR 323-1015e-Compensation for injuries ___________________________1364, 1448, 1525

Jasper HB 837-Charter -----------------------------------------987, 1118, 1123, 1156, 1603, 1674
Jefferson Davis Highway HR 90-298b-Route 2, Jefferson Davis Highway designated; a resolution -----------------------------------------------------198, 349, 356, 411, 633
Jekyll Island HR 190-Jekyll Island Committee commended; a Resolution ___________787, 841

Jekyll Island State Park Authority SB 46--Amendments ---------------------------------------------------255, 275, 349, 357, 594

1846

INDEX

Jesup HB 515-Tax appraisals

~~ ~ --~ ---~~--~-~--445, 476, 483, 532, 837

Johnson, Jarvis
HR 65-Compensation for damages to automobile ~ ~~~~~-----~~~~~-~~~~ _ -~~- ~ _~~~--178, 1177, 1183, 1361, 1601

Johnson Superior Court

HB 465-Terms

~~~~---------------~----------~ ---~ -~-~~--~--------~---.416, 508, 517' 563, 758

Jonesboro HB 910-Corporate limits ~--~-~------------~------~----------1113, 1176, 1181, 1207, 1486

Judges (See names of Courts; Superior Court)

Judgments
HR 295-Final (to authorize bill of exceptions) ---~----~--------------------~~------~~----~1121, 1190, 1369, 1469, 1765
HR 295-Judgment notwithstanding the verdict __ _ ~--~~~~~-~ -------~-~~-~-~--~------~---~1121, 1190, 1369, 1469, 1765
HB 799-Summary judgments --~~-------~----------------------~~------~------~-~982, 1147, 1150
Juries and Jurors
HB 797-Attorneys at law exempt from jury duty ~ ~ ---~~~---~~~----~~~~~~ ~~------~----~-~ 981, 1176, 1181, 1238, 1763
HB 501-Jurors in justice courts, compensation --~-~---------------~------------------------~-------------.443, 475, 483, 1761
HB 111-Women as jurors ---------------------------------~89, 398, 405, 496, 537, 1693 HB 214-Jury service in superior court in circuit of
one county with population of 150,000 to 450,000 -------~-----------~----~--------- ~ ~ ~145, 231, 235, 331, 757 HB 681-Compensation of jurors and court bailiffs ----------------------------923 SB 33-Qualifications for jury service ~~-~- ~ 230, 241, 1147, 1151, 1689

Justices of the Peace
HB 947-Election; Code Section 24-406 amended --------------------------------------1169 HR 32-127a-Jurisdiction; amendment to the
Constitution -~~~~-~-------------~-------~~-------------------~~~----------~-92, 201, 207, 338 HB 502-Terms -~ ------~~-------------~---------~----~-~~-------------------------------------.443, 475, 483

Justice Courts HB 501-Jurors, compensation -----~-~~~-~~- ---~--~----~ ~ ~~~-~--~ 443, 475, 483, 1761

Juvenile Courts
HB 853-Act of 1951 amended; jurisdiction, sentences --~- -----~--- ------------------~~~-----~~------~1024, 1120, 1124, 1262, 1661

INDEX

1847

SB 95-Compensation of employees in counties of less than 50,000 ------------------------------582, 588, 606, 614, 853, 871
HB 988-Create new system -------------------------------------------------------------1243

Juvenile Classification Board HB 921-Establish --------------------------------------------------------------------------------------------1141

K
Keg Creek State Park HR 34-141a-Development of; a Resolution _______109, 397, 407, 455, 736

Kellogg Foundation HR 336-Grant of funds to University System; a Resolution ____1415, 1487

Kennesaw HB 1016-0fficers and employees, policemen ___1365, 1421, 1433, 1495, 1695
Kent, Emory R. SR 29-Compensation for damage to automobile; a resolution -----------------------------------795, 808, 847, 867, 883

Kidnapping SB 155-0ffense defined ------------------------------------1021, 1040, 1147, 1151_, 1657

Kimbrell, William Melvin
HR 68-262h-Compensation for injuries --------------------------------------178, 1372 HR 12-42f-Compensation for injuries ----------------------------------------------68, 1371

King, John M., Jr.
HR 133-424a-Lease with, extension authorized; a resolution ------------------------------------------------------------345, 397, 408, 552

Kingsland HB 708-Alley closing, land conveyance ____________927, 965, 967, 1004, 1213

Kravtin, Rachel HR 66-262f-Compensation for injuries ------------------------------------------------------178

L
Labor Unions SB 224--Policemen forbidden membership in____933, 1177, 1184, 1410, 1694

1848

INDEX

LaFray, George W. HR 62-262b-Compensation for injuries _______________________

---- 178, 821

LaGrange, City Court of HB 401-Judge's salary ________________________________________________ 288, 347, 356, 379, 837

Lake Lanier HB 183-Disposition of city owned property in Lake Lanier area ------------------------------------------------------125, 621, 630, 644, 836
Lake Tara HB 737-Charter repealed -- ----------------------------------931, 965, 969, 1008, 1216
Lakeland HB 124-Registration of voters, eminent domain ______91, 130, 133, 166, 327
Lamar County HB 715-Commissioners of roads and revenues, districts, elections -------------------------------------928, 964, 968, 1005, 1214 HB 288-Com:rilissioners' compensation ______________________196, 258, 263, 295, 420 HB 33-Tax commissioner's compensation ________________66, 129, 131, 157, 325

Lamar Superior Court
HB 718-Clerk's compensation --------------------------------929, 963, 968, 1006, 1214
Land (See State Land) (Trusts & Trustees)
HB 202-Actions respecting title to, when prima facie case made _ -------------------------------------------------------127, 153, 157, 190, 374
HB 294-Limitation of actions, breach of restrictive covenants as to use of land ___________________________________________197, 348, 353, 410, 736
HB 25-Register for Posting --------------------------------------- 65, 260, 261, 301, 514 HB 496-Enclosures, fences, watercourses, etc. ------------c-----------.442, 557, 560 HB 302-Wild lands and timberlands; how possession of evidences.
Code Section 85-403 amended ______________________ 222, 671, 674, 916, 936

Land Conveyances
HR 293-Exchange of lands in Harris County with Mrs. J. B. Peavy; a resolution __________1114, 1177, 1185, 1237, 1484
SR 74-Exchange of lands with Newton County Board of Education; a resolution ________ 1136, 1162, 1177, 1186, 648
SR 76-Forestry Commission lands in Baldwin County, transfer to State Department of Defense; a resolution _____________ ------------------------------1252, 1260, 1481, 1491, 1672
HR 248-Fulton County, surplus expressway
lands _____ ... ------------------------------------------------1962, 1149, 1151, 1292, 1713 HR 292-Georgia State Training School for Boys,
conveyance of lands to Baldwin County Hospital Authority; a resolution ______1114, 1177, 1185, 1236, 1698

INDEX

1849

HR 249-Lands in Cheehaw State Park, conveyance to City of Albany confirmed;
a resolution ----------------------------------------------962, 1148, 1151, 1194, 1426 SB 166--McQueens Island, conveyance of land on to
Chatham County __________________________________1021, 1041, 1177, 1186, 1650
HR 250-Sale of land in Harris County to Ida Cason Calloway Foundation authorized;
a resolution ------------------------------------------962, 1028, 1032, 1102, 1431 HR 280-Sumter County, conveyance to authorized;
a resolution --------------------------------------------1048, 1177, 1185, 1241, 1484 SR 35-Sumter County, exchange oflands with;
a resolution ------------------------------------------------------------1386, 1481, 1657 SR 65-Surplus land of Confederate Soldiers Home,
conveyance to- Militacy'Department; a resolution _______________________________:____________1251, 1260,-1481, 1491, 1689

Lane, Vinson HR 73-262m-Compensation for injuries ------------------------------_- ____179

Lanier County HB 58~Tax commissioner's salary ________________________580, 603, 611, 640, 839

Larceny
SB 12-Cattle stealing punishment _______________151, 169, 181, 185, 364, 405 SB 13-Hog Stealing, etc.,
punishment for ____________________152, 169, 181, 185, 856, 875, 884, 893 SB 192-Automobile, punishment ------------------------1136, 1162, 1249, 1256
Laurens County
HR 246--Board of education; proposed amendment to the Constitution -'---~~----~-------~-----------~--962, 1201 1204, 1290,. 1602
HB 762-Election of county officers ___________________________c________________________957, 1217 HR 169-623a-Board of Educatio:q; proposed amendment
to the. Constitution --~------~------------628, 695, 753, 1263, 1598, 1667

Lawrenceville
HB 558-Charter amendments ------------------------------------505, 558, 562, 586, 838 HB 557-City Manager ---------------c--------~--------------505, 558, 561, 586, 838

Leases
HR 133-424a-Extension of lease with John M. King, Jr. authorized ---------------------------------------------------~-----345, 397 408, 552
HB 162-Real property leases by executors, administrators, guardians or trustees ----------------;--------------112, 154, 156, 190, 401

Legal Advertising (See advertising)

Legislative Council (See General Assembly)

1850

INDEX

Licenses (See Automobiles; Business License taxes; Fishing; Fortune Telling; Hunting; Medicine; Minors; Motor Vehicles; Real Estate Brokers and Salesmen; Trapping)
HB 278-Commercial fishermen ----------------------------------194, 348, 353, 662, 894 HB 539-Corporate license taxes ________________________________471, 621, 631, 780, 896 HB 271-Fish sellers ------------------------------------------------------193, 348, 353 662, 836 HB 272-Fishing and shrimping licenses __________________194, 348, 353, 662, 836 HB 541-Foreign corporation license taxes ______________472, 621, 631, 781, 896 HB 378-Insurance agents --------------------------------------------284, 475, 481, 741, 869 SB 34-Practical nurses ____________________________609, 619, 754, 760 863, 903, 904 HB 59-Professional taxes, where
collectible __________________________________71, 119, 153, 156, 189, 211, 219, 646 SB 30-Practice of profession without license; remedy
of State Examining Boards --------------------------------------------------- 399, 408 HB 631-Peddling, etc., by disabled or indigent soldiers
and blind persons ------------------------------------------------------------------669, 1373 HB 1002-Board of Electrical Examiners
established ______________________________________________1246, 1368, 1378, 1443, 1649 HB 198-Midwives ----------------------------------------------------------127, 203, 206, 364, 536 HB 560-Licenses-non-resident pharmacists ------------------------------------------ __ 506 SB 96-Barbers and hairdressers --------------------------------------------------- 1009, 1369 HB 639-Massage Registration Act ----------------------------------------752, 1420, 1449 HB 135-Practical Nurses; licensing ----------------------------------108, 153, 156, 190 SB 30-Practice of Profession without license; Remedy
of State Examining Board ------------------------------------- ______________ 399, 408 HB 295-Practice of law except by licensed attorneys-at law
prohibited ----------------------------------------------------------------------- _________ 197, 991 HB 945-Nurses, certification; fees ----------------------------------------1145, 1420, 1432 HB 448-Marriage licenses -----------------------------------------------------------------------------393
Liens (See Hospitals)
HB 186-Laborers' and materialmen's liens; architects included ________________________125, 181, 217, 572, 595, 834, 847
HB 466-Mechanic's and materialmen's liens; bond to discharge ____________________________________416, 438, 447, 450, 551, 842, 851
SB 218-Mechanics' lien on personality __________1527, 1545, 1668 1672, 1692 HB 647-Tax liens; Code Section 92-5707,
92-5708 amended ------------------------------------830, 1147, 1149, 1239, 1762
Life Insurance (See Insurance)
Limitations of Actions
HB 294-Breach of restrictive covenant as to use of lands ------------------------------------------------------197, 348, 353, 410, 736
Lincoln County
HB 352-Commissioners -------------------------------------------------250, 347, 355, 377, 515 HR 286-Board of education; proposed amendment
to the Constitution --------------------------------1113, 1175, 1185 1323, 1601 HB 942-Tax Commissioner --------------------------------1145, 1175, 1183, 1211, 1486 HB 612-Tax receiver's compensation ________________________602, 627, 629, 690, 871

Lincolnton HB 595-Charter

- -- --- ------ -- ---------------- ----------- - 599, 630, 635, 688, 870

INDEX

1S51

Lindsley, L. C. HR 324-1015f-Compensation for injuries to daughter _________________1364, 1525
Liquors (See Alcoholic Liquors)
Liquors, Spirituous HB 206-Sale outside municipalities --------------------------------------------------------144 HB 208-Places of sale, employment of minors under sixteen, prohibited ______:_____________________________144
Literature Commission, State (See State Literature Commission)
Livestock HB 3Sl-Concentrated feeding stuffs, inspection fees and tax stamps ---------------------------------2S4, 622, 62S, 660, 691, S14, S94 HB 598-Garbage feeding, etc. -----------------------------------600, 629, 635, 739, S42 SB 196-Georgia Livestock Development Authority --------------------------------~~-----------1252, 1259, 1420, 1435 1654 HB 655-Livestock running at large _______________________920, 1149, 1146, 1464, 1476, 1511, 1694 SB 76-Livestock running at large _____________________573, 5S7, 629, 636, S23, S59, S60, SS4, SS6 SB SO-Livestock Development Authority Act ----------------------------------------------------------_456, 491, 670, 676, S24, S71 HB 314-Selling, disposing or exchanging of livestock and swine owned by State ---------------------.,------------------223, 290, 292 HB 951-Sales regulations __________________________1170, 1200, 1205, 1356 HB S44-Livestock running at large; act of 1953 amended __________1023, 110S
Livestock Control Board HB 166-Establishing Act -c-----------"--------------------------------------122, 2S9
Loan Business - (See Small Loan Business)
Loan Companies HR 2S2-Licensing --------------------------------------------------------------1053, 124S, 1255 SB !SO-Securities Act of 1953 amended __________ _ _____ 1217, 1220, 1449
Logansville HB 642-Charter amended; voters, registration _____791, S32, S42, S73, 1136
Long County SB 68-Commissioner's clerk -----------------------------------399, 409, 509, 520, 5S7 HB 444-Sheriff's compensation ----------------------,---------393, 444, 449, 45S, 4S9
Lookout Mountain Circuit HB 379-Fines and forfeitures __________________________________ 284, 398, 406, 424, 633
Louisville HB 36-Appraisal of taxable property ------------------------ 66, 80, 82, 95, 201
Ludowici, City Court of SB 41-Amendments -------------------------------------------------230, 241, 259 266, 331 SB 125-Judge's salary -----------------------------------------------609, 619, 670, 677, 801

1852'

IND!EX

Loyalty Day HR S14-Resolutiori designating ------------------------1246, 1383, 1423; 1518, 1766

Lundy, Mrs. Lizzie HR 46-Compensation for death of son ____________146, 1178, 1183, 1355, 1600

M
McKinney, E. S.
HR 146-Compensation for damage to automobile ________________445, 1029, 1032, 1103, 1700, 1722, 1731, 1735 1756, 1761

McQueens Island
SB 166-Conveyance of land on, to Chatham County ----------------------------------------------------1021, 1041, 1177, 1186, 1650

Macon

HB 199-Abandonment of part of Ash Street _______127, 153, 157, 185, 328 SB 32-Alley closing authorized ___________________________200, 211, 232, 237, 274

HB 500-Alley closing authorized ---------------------------443, 476, 483 531, 737 SB 241-Alley widening ---------------------------------1603, 1616, 1643, 1644, 1687 HB 805-Board of water commissioners,
qualifications ------------------------------------------983, 1028, 1031, 1050, 1376 HB 967-Charter amended ------------------------------1173, 1250, 1254, 1380, 1713 HB 804--Corporate limits extended _________________983, 1027, 1030, 1050, 1316

HB 203-Closing of alley ----------------------------------128, 154, 157, 186, 328

HB 258--Closing of certain streets and alleys for

use of Hospital

177, 232, 236, 272, 456

HB 261-Mayor, salary, duties --------------------------------177 SB 138--Land conveyance confirmed ______________________735, 769; 792, 799, 845

HB 625-:Land conveyance confirmed ______________________629, 672, 675, 764, 903

HR 89-398a-Land exchange with City of Macon;

a Resolution ----------------------------------------------------198, 349, 356, 410, 608

HB 383-Limits extended ___________________________________ 285, 397, 406, 424, 610, 648

HR 258-Macon-Bibb County Board of Health; proposed amendment to the Constitution __________________________________988, 1116, 1126, 1297, 1599

HB 983 Pension system repealed, new system

.

established ------------------------------------------1199, 1250, 1255, 1380, 1597

HB '968--Recorder's court ----------------------------------1173, 1250, 1254, 1444, 1695

HB 1024--Water commissioners, pension plan ----------------------------------------------------------1366, 1420, 1433, 1493, 1714

Macon, City Court of
HB 573-Assistant solicitor _________________________________________508, 603, 611, 639, 839 HB 758-Judge pro tern ----------------------~--------------------- 956, 991, 998, 1035, 1375

Macon County HR 148-515e--Lawbooks to; a resolution _______________ 445, 477, 485, 524, 771

185,3

Malt Beverages
HB .206--Sale outside municipalities --------,------------------------------------------------144 HB 882-Sale in counties of 5,900 to 5,951 ---------------------------------~--------------1108 HB 329-Possess~on ~n count~es of 1~,250, ~~)6,750 --------~---------~------;--2,25 HB 462-Possession m certam counties --~---~---:__________________________________________416 HB 246--Local option referendum on sale and distribution ______________________175

Maps HB lOl~Pi-eparation and requirements before filing with Clerk of Superior Court ------------------------------------------------------------------------------88

March of Dimes HR 338-Resolution approving -----------------------------------------------------------1454, 1529

J.\Iarietta . . , . _ .

.

' HB ".571-'--Civil service system ______________________________508, 558, 562, 586, 838

HB 64g.:.:.;.M'arietta Parking Authority created; other amehdments to charter ______________________866, 1177, 1180, 1210, 1485

Marion County
ii:B 605_:;_Cominissioners ________________________________________:601, 650, 670, 689, 902
SB 87-Sheriff's salary ------------------------------------------------509, 520, 569 SB 141-Tax Commissioner --------------------------------------735; -770, .792, 799, 846 SB 88--Treasurer's salary -----------------~---------------------------,509, 521, 570 HB 788--Treasurer's salary ---~--~--:----------------~--------961, 991, 1000, 1osg, 1216
Marion Superior Court HB 822-Terms --------------------,-.__----------,----~985, 1147, 1150, 1187, 1428
Marriage HB 471-Annulment, registration __________417, 475, 482,. 732, 894, 899, 900 HB 471-Registration ____________________________417, 475, 482, 732, 894, 899, 900 HHBB 470986----RPreegmisatrraittaiol nexoafmainnantuiolmn efnotr _s__y__p__h__i_l__i_s___-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-:-_-_-:-_-_-_-_-_-_-_-_-_--938221
Marriage Licenses HB 448--Licenses ------------------------------------------------------------------------------------393
Marshallville HB 810-Name changed to City of Marshallville; water and light commission --------------------------------------983, 1028, 1031, 1050, 1376
Massage Registration Act HB 639-Enabling Act -------'------------------------------------~-------------752, 1420, 1449
Massey, Mrs. Frances HR 39-Compensation for damage to automobile ------------------------~---128, 1177, 1183, 1410, 1699, 1752
Master and Servant (See Trusts and Trustees; Workmen's Compensation) HB 373-Medical examination before employment -------------------------- 254, 1369 HB 960-Right to Work Act amended ----------------------------------- _ _ 1172, 1384

1854

INDEX

Matches HB 616-Sale, regulation ---------------------------------------------------626, 756, 760, 915
Materialmen's Liens (See Liens)
Mayhem HB 129-Putting out eyes; punishment; Code Section 26-1205 amended ----------------------------------------107, 166, 260, 262, 302
McDuffie County SR 92-Lawbooks to ---------------------------------------------------------------------------1425, 1451
McDuffie Superior Court HB 499-Deputy clerk's salary _________________________77, 129, 132, 158, 325 SB 52-Deputy clerk's salary ___________________________________325, 359, 509, 520, 569

Mcintosh State Park HR 158-570b-A Resolution authorizing establishment -------------------------------------------------507, 572, 605, 785, 898
McCoy, William H. HR 13-42g-Compensation for injuries -------------------------------------------68, 1371
Mechanics' Liens (See Liens)
Medical College (See State Medical College)
Medicine SB 221-Aliens, license to practice ________________1488, 1497, 1525, 1531, 1655

Merit System
HB 127-Employees as candidates for office of municipal corporations -------------------------------------------92, 113, 118, 141

Midwives HB 198-Certification ---------------------------------------------------127, 203, 206, 364, 536

Milk
HB HB HB HB

954-Grading and labeling, sale --------------------------------------------------------1171 687-Milk Control Board; bill to abolish -----------------------------------924, 1249
684-Control of Sale and distribution ----------------------------------------924, 1249 322-Milk control Act amended ------------------------------------------224, 604, 610

Milledgeville State Hospital
HB 614-Cost of patient care -------------------------------------602, 650, 671, 818, 896 HB 936-Examinations to determine eligibility for discharge
of patients ___________________________________________1114, 1249, 1253, 1413, 1764 HB 892-Restoration of sanity, proceedings
to establish --------------------------------------------1110, 1249, 1253, 1413, 1764

INDEX

1855

HB 795-Trial as to lunacy to patient _______________ 981, 1176, 1180, 1361, 1763 HB 1007-Allotment of funds _______________________________________________________________________1362 HB 1008-General Appropriations Act, amended ___________________________________1362

Milner
HB 277-Closing of portion of First Street Authorized __________________________194, 232, 237, 273, 400, 1252

Miller County, City Court of
HB 927-Abolished -----------------------------------------1142, 1175, 1182, 1208, 1528
Minimum Foundation Act (See Education) HR 155-547a-Administrations of funds; a Resolution ___________473, 493, 605 HB 919-Amendments ----------------------------------------------------1115 HB 296--Amendments ---------------------------------------------------------198, 481, 544
Mines, Mining and Geology, Department of (See Department of Mines, Mining and Geology

Minors (See Billiards)
HB 886--Contribution to delinquency of ______1109, 1176, 1181, 1413, 1763 HB 958-Drivers' license, application of persons
under 18 ---------------------------------------------1172, 1258, 1370, 1516, 1764 HB 845-Furnishing liquor to ________________1023, 1423, 1432, 1586, 1720, 1723 HB 659-Molestation of children; offense defined,
punishment ------------------------------------920; 1480, 1489, 1627, 1762 HB 208-Employment of minors under sixteen ih places of sale
of alcoholic beverages prohibited -------------------------------------------144 HB 921--Juvenile Classification Board established ________________________________1141 HB 680-Compulsory school attendance ______________________923, 1146, 1150, 1517

Mitchell, Margaret HR 15-60b--Portrait of, purchase ------------------------------------------------------11
Molestation of Children (See children)

Monroe HB 821-Charter amendments ---------------------------985, 1028, 1031, 1051, 1428 HB 824-Corporate limits extended _____________________________985, 1031, 1051, 1428
Monroe County HB 547-Tax commissioner's compensation _____472, 628, 636, 688, 903
Moreland, Trooper, John E. HR 98-Compensation for injuries ________________227, 1029, 1032, 1102, 1601
Montgomery County HB 417-Commissioners ________________________________344, 446, 448, 486, 734

1856

INDEX

Morgan County HR 135-433a-Lawbooks to; a resolution _________369, 477, 484, 523, 757, 772

Motor Trucks HB 961-Permits ------------------------------------1172, 1250, 1264, 1518, 1700, 1709

Motor Vehicles
HB 958-Drivers' license, application by persons under 18 ----------------------------------------------1172, 1258, 1370, 1516, 1764
HB 961-License plates __________________________1172, 1250, 1254, 1518, 1700, 1709 HB 950-License tags for members of Georgia
National Guard -------------------------------------------1170, 1219, 1250, 1413, 1698 SB 53-License and registration ______________________351, 360, 476, 485, 8()3, 883 HB 321-0perating fees ______________________224, 349, 354, 1133, 1237, 1515, 1694 SB 40-Reckless Driving __________________________________351, 359, 397, 408, 853, 882 SB 50-Registration ------------------------------------------------------351, 359, 476, 485, 853 SR 31-Registration and taxation; committee
to study ________________________________::_________________________479, 492, 755, 760, 852
HB 128-Uniform Act Regulating Traffic on Highways _________________ 92, 475, 481, 598, 622, 651, 994, 1053, 1133, 1240, 1586, 1603
HB 641-E;ngin~~ring and traffic surveys to establish speed limits _______791 HB 67-License and registration _,___________:__:____________________________________________________75
HB 106-Motor Vehicle Responsibility Act, amended --------------------------------------------------,--------88, 203, 205, 337, 1180
HB 110-Driver's licenses ----------"------------------------:_________89, 203, 205, 278, 332 HB 73-Mufflers ~------------------:__________________________________________________76, 475, 480, 777
HB 136-Drivers' licenses; periodic examination -------------------------------108, 475 HB 152-Motor Vehicles; fees for vehicles operated by State,
municipality or other subdivision _______________111, 1029, 1030, 1361 HB 153-Fuel tax; exemption for municipalities and
other subdivisions -------------------------------------------------------------------111, 1029 HB 973-License tags; Code Section 68-214
amended -------------------------------------------------------------1198, 1250, 1264, 1472 HB 1011-Motor Fuel Tax Law amended ______________________1363, 1421, 1448, 1517
HB 949-Motor Fuel Tax Law amended ________________________________________1170, 1204, 1205, 1261, 1731, 1753
HB 895-Registration; Code Section 68-202 amended __________________________________________________1110, 1147, 1150, 1585, 1764
HB 110-Qualifications for drivers licenses _____________89, 203, 205, 278, 332
HB 106-Motor Vehicle Safety Responsibility Act, amended ----------------------------------------------------88, 203, 205, 337, 1180
HB 73-Mufflers ----------------------------------------------------------------------76, 475, 480, 777 HB 67-Division of Motor Vehicles, Department
of Revenue ------------------------------------------------------------------75, 260, 261, 301
HB 692-Creation of lien by injury ---------------------------------------------------------------925 HB 685-Regulation and licensing by municipalities ______929, 965, 966, 1241 HB 669-License plates, sale by county tax officials _____________________ 992, 1107
HB 603-Signals of intention to turn, stop, etc. ------------------------------------------600 HB 205-Rules and Regulations, vehicles having weight
and load in excess of 10,000 pounds, subject to ___________________________143

IN DE 4

.1857

HB 286-.Registration; Code Section 68-202 amended --------------~---196

ltB 299-License tags; certificate showing payment of all ad valorelli



taxes ___________________198, 349, 353, 460, ,1253, 1669, ~720, 17~1 , 1731,

''

' 1736, 1760

HB 318-Liability Insurance -------------------------------------------------------------_224

SB 127-Motor Vehicle Safety Responsibility

.

Act amended ----------------------------------------798, 808, 1370, 1379

SB 189-Liability insurance -----------------------------------------------------1527, 1545

HB 67-License and registration -------------------------------------------------------------------75 HB 287-Driving while drunk ----------------------------C----------------~-------196, 1:868

Mott, w.H.

HB 325-Compensation for damage to

.

automobile -----------------1364, 1422, 1434, 1515, 1765

Mount Zion
HB 532-Charter ----------------------------------------------_470, 558, 561, 584, 872, 878 HB 934-Utility systems -------------------------1143, 1176, 1182, 1209, 1482, 1583

Municipal Corporations (See names of cities).

HB 225--Damage actions, demand ------------~----------------~-----147, 181, 185, 289 HB 64-Funds donated to cemeteries, city

as trustee ---------------------------------------------------75; 153, .156, 189, 373 HR 243-Home rule; proposed amendment to the
Constitution ------------------------------'--'961; 99e; 10011 1099,. 1660, 1666
HB 440-Members of city council, eligibility for other office in cities of 71,000 or more _________________________________392, 418, 421, 834, 849
HR 340-Taxation, committee to study;

a resolution ---------------------------------------1477, 1643, 1644, 1667, 1767 HB 750-0ff-street parking facilities ________________,_____________ 955, 992, 998; 1133

HB 545-0pening and closing of streets, alleys, etc. ----------.--.472, 558, 561, 733, 971, 977, 1134, 1137, 1452, 1527
HB 229-Home rule Act amended ----------------------------------------------------------------148 HB 230-Police courts, election, appointment and qualification

of judges and recorders -----------------------------------------------------------148, 756

HB 242-Actions against demand prerequisite; Code Section



69-308 amended ~----------~---------'----~-------------------------:_________:.150, 991, 995

HB 871-Debts ---------------------------------------------------------------------------1046, 1118, 1125 HB 685-Regulation and licensing of motor

vehicles ----------------------------------------------------------------929, 965, 966, 1241

SB 188--Insurance to cover liabilities incurred in

operation of motor vehicles ------------------------------ .._,__________ 1179, 1191

Municipal Courts (See Name of court)

Municipal Court of Augusta

HB 368--Salaries -----------------------------------------------------------C-254, 290, 292, !30, 457 Municipal Court of Savannah
HB 862--Jurisdiction, officers

Murray County HB 306--Tax Commissioner's salary _________________222, 259, 264, 297, 458, 539

Muscogee County HB 695-Board of education, appointments __:______926, 964, 966, 1001, 1431

1858

IN D EX

HB 84-Board of Health --------~-----------------:__________78, 132, 159, 326, 347, 421 HB 8~Commissioners -------------------------------------------------78, 129, 132, 158, 325 HB 83-Commissioners _______________________78, 129, 132, 159, 326
HR 242-Street and sidewalk improvements; proposed amendment to the Constitution _____________________________961, 1115, 1126, 1284, 1529
HB 83-Commissioners of roads and revenues; election __ --------------------------- __________________________78, 129, 132, 159, 326

-Muscogee Superior Court HB 81-Terms -------------------------------------------------------------77, 129, 132, 158, 325

;-Mute,Children (See edu~ation)

N

.Naliunta

HB 830-Charter amended -------,--------------------------986, 1028, 1031, 1052, 1428

HR 260-Tax for promotion of industries; proposed amendment

to the Constitution

.989, 1115, 1126, 1310, 1599

National Guard, Georgia
HB 950-l'f!otor vehicles license tags for members of ---------------------------------------1170, 1219, 1250, 1413, 1698

Newnan
HB 709-Corporate limits --------------------------------------927, 965, 967, 1004, 1431 HB 873-Land conveyance -------------------------------1047, 1118, 1125, 1257, 1597 HB 1032-Appointment of City Manager ___________________1367, 1421, 1434, 1494

Newton County
HR 180-3371-Lawbooks to; a resolution __________________229, 398, 407, 423, 633 SR 74-Board of Education, exchange by State of lands with;
a Resolution ----------------------------------------1136, 1162, 1177, 1186, 1648

New Trial HR 295-Joint motions ___ ---------------------------------1121, 1190, 1369, 1469, 1765

Norcross . HB 256-Charter

------------------------------ __________ 177, 232, 236, 271, 401, 537

Northern Judicial Circuit HB 18-Solicitor-General's salary _____ -----------------------64, 260, 261, 293, 480

Notaries Public HB 504-Qualifications; Code S~ction 71~102 amended ______ --~~-----------: ______,__________________ ..443, 630, 634, 944, 1762

INDEX

'f85i}

Nurses and Nursing . SB 34-Licen~ing of practical nurses ___.609, 619, 754, '760, 863, 903, 904

Nurses
HB 135-Practical nurses; licensing; Code Section 84-1016 repealed -------------------------------108, 153, 156, 190
HB 945-Certification; fees ---------------------------------------1145, 1420, 1432 HB 898-Membe:t" of Advis.ory Board. to Board of
Examiners of Practical Nurses ____________________________:____~________________111

0
Obscene Literature (See State Literature Commission) HB 1009-Code Section 26-6301 amended _______________,___1363, 1448, 1481, 1682

Occupational Taxes HB 59-Where collectible ___________________71, 119, 153, 156, 189, 211, 219, 646

oconee ;Judicial Circuit HB 721-Reporter's compensation ______________________929, 1119, 1121, 1152, 1485

.Odum HB 604-Charter ---------------------------------------------------------601, 630, 636, 689, 902
Office Building Authority SB 62-Act amended ---------------------------------------------------------__456, 490, 537, 605

Officers and Employees, State
SB !56-Sedition and Subversive Activities Act amended _____1021, 1040, 1120, 1127, 1239, 1526, 1581, 1584, 1603

Official and Statistical Register HR 152-533c-Distribution -----------------------------------------111, 1029, 1030, 1361

Ogeechee. Judicial Circuit HB 315-Court reporter's salary ------------------------------~--------------- ____________________223

Oglesby, Rev. Graham
IJR 307-Compensationfor damage to automobile -----------------------------------1200, 1371, 1379, 1517, 1766

Oglethorpe County HB 442-:--Commissioners --------------------------------------393, 446, 449, 489, 738

1860

INDEX

Oglethorpe, City Court of HB 720-Judge's salary ------------------------------------.929, 990, 997, 1034o 1214 HB 881-Procedui:e and practice _____________________1048, 1117, 1125, 1160, 1430

Oil and Gas Commission HB 635-Amendments --------------------------'-------------------------------------------------------752
Oil Wells HR 236-743w-Pairnent for bringing in first oil well; proposed amendment to the Constitution ________935, 990, 1000, 1190

Okefenokee National Wildlife Refuge SR 69-State Park.in; a resolution _____________1020, 1041, 1371, 1379, 1050

O'Kelley, Mrs. Lillian Dobbs HR 313-Compensation for damage to automobile --------------------------1426, 1372, 1379, l4'f0, 1695
Old Age Assistance Act SB 18-Act amended ------------------------------------------200, 210, 1685
O'Neal, C. C. HB 449-Compensation to C. C. O'Neal and Mrs. Willie O'Neal for injuries --------------------------------------------.:___________________________393

Optometrists HB 44-Qualifications; Code Section 84-1105 amended -------------------------------------------68, 153, 155, 187, 514
Optometry HB 885-Practice, advertising, etc. _____________________________1109, 1140, 1176, 1236

Ordinaries
HB 377-Clerk and assistants in certain counties ----------------------------------------------------------284, 847, 355, 878, 515
HB 445-Courts of ordinary, time and place of holding -------------------------------------------------898, 509, 517, 575, 576, 869
SB aS-Qualifications in counties of 100,000 or more ------------------------351, 358, 492, 492, 628, 678
SB 177-Retirement system __________1375, 1385, 1596, 1604, 1672, 1735, 1768 HB 554-Salary in counties of 300,000 or more ________505, 603, 610, 638, 838 HB 656--Who to serve when ordinary
disqualified --------------------------------------920, 991, 996, 1104, 1762 HB 679-Fees -------------------------------------------------------------------------------~------923, 991 HB 925-Photostatic and photograph equipment
for recording -------------------------------------1142, 14~3, 1432
Ordinary, Courts of (See Fishing, Hunting, Traffic)
HB 753-.Jurisdiction in traffic cases ------- -----------------956 HB 549--Jurisdiction in liquor cases ---- -----------------473, 543, 60~, 816

INDEX

1861

Oxford HB 76~Mayor, councilmen, elections ________________958, 992, 999, 1037, 1426

Oxford, Dixon Eleetion to Highway Board -----------------------------------------------------------------------115
Oysters (See Shellfish)
p
Palmer, Julia C. HR 67-262g-Compensation for injuries ------------------------------------------178, 1372

Palmer, Louis HR 294-Compensation for damage to automobile ------------------------------1115, 1372, 1379, 1470, 1695
Palmetto HB 556-Charter amendments ~-------------505, 558, 561, 585, 838

Palmistry (See Fortune Telling)

Panton and Parole Board (See Board of Pardons and Paroles)

Parks (See State Parks)
HB 49~Big Creek-Harts Creek Park Authority ___442, 606, 613, 740, 870 HR 102-337f-Black Rock Mountain State Park; land exchanges
for development; a resolution ________________227, 397, 407, 545, 736 SB 19-Chatuge Lake area, park lands in; procurement from
T. V. A.; a resolution _____________________255, 274, 419, 422, 543
HR 127-144a-Elijah Clarke Memorial Park; a resolution --------------"-------------------------------------323, 350, 357, 387, 736
HR 112-362a-Fort Mountain State Park; exchange of lands authorized; a resolution _______________________________252, 511, 519, 653, 840
HR 190-Jekyll Island Committee commended; a resolution __________787, 841 SB 46-Jekyll Island State Park Authority Act
amended -----------------------------------------------------------255, 275, 349, 357, 594 HR 34-141a-Keg Creek State Park, development of;
a resolution _____________________________________________________109, 397, 407, 455, 736
HR 158-570b--Mcintosh State Park; resolution authorizing establishment _____________________________________________507, 572, 605, 785, 898
HR 132-420d-Victoria Bryant State Park; donation of lands; a resolution ---------------------------------------------345, 397, 408, 576, 796

Patton, E. R.
HR 12~Compensation for damages to automobile --------------------------------------323, 1029, 1032, 1105, 1600

1862

INDEX

Paulding County HB 615-Tax Commissioner ---------------------------------------626, 670, 675, 762, 902
Pavo HB 819-Mayor and council __________________________________985, 1027, 1031, 1051, 1427

Peace Officers
HB 888-Retirement system amended; benefits, and eligibility for ----------------------------------------1109, 1258, 1370, 1625, 1763
HB 665-Retirement fund, amendments -------------------------------------------------------------HR 193-639a-Annuity and benefit fund, legislative committee
to investigate management of funds ------------------------------------------790
Peace Officers Annuity Fund
HB lOS-Amendments __________________88, 371, 374, 546, 834, 847, 865, 881, 894

Peavy, Mrs. J. B.
HR 293-Exchange of lands in Harris County with; a Resolution ------------------------------------------1114, 1177, 1185, 1237, 1484

Pelham
HB HB

31-Gas Distribution system ----------------------------------------66, 80, 82, 93, 200 32-Sewerage and garbage ------------------------------------------66, 80, 82, 93, 200

Pembroke, City Court of HB 382-Judge's salary, terms, procedure _______________285, 347, 356, 379, 516

Pendente Lite Exceptions (See Exceptions Pendente Lite)

Pensions (See Retirement; Employees' Retirement System, Peace Officers Annuity Fund; Teacher Retirement System)
HR 149-516a-Commission to study retirement system; a resolution -------------------------------------------------446, 511, 519, 596, 840
HB 160-Widows of Confederate Soldiers _______112, 131, 134, 170, 374, 381 HB 361-Widows of Confederate soldiers ------------------------------------------------251 HB 241-Pensions for all taxpayers over 65 ______________________150, 204, 206, 917 SR 23-Firemen; proposed amendment to
the Constitution ------------------------------------------797, 809, 990, 1001, 1716
Perpetuities
HB 155-Pension, profit-sharing, stock bonus, death benefit and disability benefits trusts created by employer for employees exempted -------------------------------------------------111, 153, 156, 190, 401, 559
Pert, R. A.
HR 231-Compensation for damage to automobile --------------------------------934, 1177, 1184, 1411, 1603, 1689

INDEX

1863

Pharmacists HB 560-Licensing of non-resident pharmacists -----------------~---------------------506

Phrenology (See Fortune Telling)

Pickens County HB 743-Commissioner's compensation ______________932, 963, 970, 1009, 1215

Piedmont Judicial Circuit HB 987-Terms of Court -----------------------------------1243, 1368, 1377, 1441, 1696

Pike County
SB 123-Commissioners compensation __________________609, 619, 670, 677, 764 HR 134-Lawbooks to ------------------------------------------346, 477, 4&4, 523, 757, 772

Plats
HB 101-Preparation and requirements before filing with clerk of superior court ------------------------------------------------------------------88

Pleadings and Practice
SB 187-Amendment on order, right to object not waived by -------------------------------------1135, 1162, 1480, 1489, 1653
HR 295-Counts; Code Section 81-103 amended -----------------------------------1121, 1190, 1369, 1469, 1765
HB 20-Continuation of case on trial when copies of demurrers and pleas not provided to opposite party; Code Section 81-301, amended ------------------------------------------64, 113, 117, 139, 170, 171, 352

Police HB 236-Vehicles used by persons authorized to arrest for traffic offenses; marking _____________________149, 475, 480, 944

Policemen SB 224-Membership in labor unions forbidden -------------------------------1424, 1450, 1496, 1525, 1690
Polk, J. B. HR 39-Compensation for damage to automobile _________________________128, 1177, 1183, 1410, 1699, 1752

Polk County
HR 24-87g-Lawbooks to; a resolution _______79, 204, 207, 238, 458, 541 HB 271-Post Mortem Examination Act _________________193, 348, 353, 662, 836

1864

INDEX

Polk County, City Court of
SB 200-Judge's salary and qualification ______1374, 1385, 1449, 1479, 1535 HB 201-Pleading and practice ________________127, 181, 184, 219, 630, 945, 1693

Pool Tables HB 670-License tax by counties on billiard tables, etc. ________922, 996, 1108

Portraits, Busts, Etc. HR 247-Bust of Alexander H. Stephens in Capitol authorized --------------------962, 1046, 1147, 1356, 1766 SR 94-Russell, Senator Richard B., Jr.; portrait of accepted ----------------------------------------------------1374, 1409
Post Mortem Examination Act
HB 875-Amended -------------------------------------------------------------1047, 1249
Post Offices HR 283-Fourth class post offices in State; a Resolution _________1105, 1141

Poultry
HB 335-Research relating to raising and disease of ---------------------------226
Powder Springs
HB 867-Charter amended -------------------1026, 1118, 1125, 115~, 1430
Practice and Procedure Rules for Appeal or Review
HR 295--Amendments -----------------------------------1121, 1190, 1369, 1469, 1765 HB 185--Pre-trial procedure in civil actions ____________125, 259, 262, 364, 736 HR 295--Rule 6 amended; service of process ___1121, 1190, 1369, 1469, 1765 SB 208-Rule 6 amended, time and tender of bill of
exceptions _________________________1484, 1496, 1642, 1644, 1690, 1716, 1729 SB 208-Rule 8 amended, time of filing of bill
of exceptions ______1484, 1496, 1642, 1644, 1690, 1716, 1729 SB 208-Rule 10, amended, time of tender of exceptions
pendente lite __________1484, 1496, 1642, 1644, 1690, 1716, 1729 HR 295--Rule 18; (Code 110-401
amended) ---------------------------------------------1121, 1190, 1369, 1469, 1765 HR 295--Rule 23; (Code 110-401
amended) ------------------------------------------------1121, 1190, 1369, 1469, 1765 SB 208-Rule 26 amended, time of filing exception to
judgment in bond validation proceedings _________________1484, 1496, 1642, 1644, 1690, 1716, 1729 SB 208-Rule 27 amended, time of filing exception to judgment in bond validation proceedings ______________________1484, 1496, 1642, 1644, 1690, 1716, 1729
Prawn (See Shellfish)

Price, T. P. HR 203-648a-Compensation for injuries ----------------------------------------------------866

INDEX

1865

Price, William N. HR 93-299b-Compensation for injuries ------------------------------------------------199
Prices (See Fair Trade Act)
Primaries SB 8-Time of holding; Code section 34-3203 amended ________________399, 408 HB 1010-County officers ---------------------------------------------------------1363 HB 267-State conventions, etc. CXie Section 34-3212 amended __________ 193

Practice of Law HB 295--Forbidden except by licensed attorneys-at-law ____________________197, 991

Prisoners (See Conviets; Public Work Cap1ps)
SB 198-Assignment to camps and other places of detention ________________1424, 1450, 1596, 1604, 1668
SB 205--Escape or attempt to escape after lawful arrest _____________________1483, 1496, 1596, 1604, 1674, 1755

Private Ways

HB 408-Removal of obstructions, appeal from

authority _________

322, 396, 406, 575, 869

SB 186-Width of private ways and tramroads; Code Sections

83-102 and 83-302 amended ______1252, 1259, 1524, 1531, 1653

Probate (See Wills)

Processioners SB 83-Appointment and compensation ________________________456, 491, 606, 614, 662, 691, 794, 863

Professional Taxes HB 59-Where collectible ____________________71, 119, 153, 156, 189, 211, 219, 646

Psychologists HB 468-State Board of Examiners, per diem --------------------------------------------------_417, 1176, 1180, 1241, 1761
Psychiatric Examinations HB 341-Examination before sentence in counties of 300,000 or more ----------------------------------------------248, 290, 292, 329, 357
Public Records (See Records, Public)

Public Service Commission
HB 71-Associate Public Service Commissioners _________________76, 92, 114, 120, 135, 171, 242, 480, 492

Public Safety Department
SB 128-Headquarters staff --------------------------------------------------------------794, 807

1866

INDEX

HB 72-Compensation of
members ----------------------------76, 92, 114, 121, 136, 242, 480, 493, 695 SB 129-Compensation of
members ________________________________756, 769, 793, 799, 855, 875, 881, 893
HB 71-Associate Commissioners ________76, 92, 120, 135, 171, 242, 480, 492
HB 72-Contingent expense allowance ____________76, 92, 114, 121, 136, 242, 480, 493, 695
HB 952-Hearings, bill of exceptions to appellate courts ________________________1170
HB 572-Rules and regulations relating to safety, health and welfare of railroad trainmen ____________________________508, 1369
HB 238-Venue of actions against hearings _________________________________________________149

Public Work Camps
HB 62-County convict camps; Code. Sections 77-202, 77-338 repealed -------------------------------------75, 114, 118, 141, 352, 380
SB 12-Procedure for establishment of county public works camps ------------------------------------------151, 169, 181, 185, 364, 405
Publications HB 137-Use of names and photographs controlled ____________________________108, 348

Putnam County HB 575-Coroner's compensation ------------------------------------------554, 603, 611, 639
Putnam Superior Court HB 878-Terms -----------------------------------------------1047, 1117, 1125, 1159, 1430
Q
Quitman County HB 905-Commissioners --------------------------------------1112, 1145, 1151, 1188, 1430 HB 193-Commissioners -------------------------------------126, 231, 235, 269, 559, 589 HB 190--0rdinary's compensation ----------------------------126, 231, 235, 269, 404 HB 191-Sheriff's compensation __________________________________126, 231, 235, 269, 404

R
Rabies
HB 245-Rabies Control Act of 1945 amended ___________________________174, 695, 754 HB 231-Infection of livestock by infected wild animals,
controlling Game and Fish Commission ____________148, 203, 206, 280

Rabbits HB 606-Rabbits and hares, hunting and sale ________________________601, 695, 754, 945, 970, 978, 1217, 1260 HB 675-Hunting season ---------------------------------------------------------------------------922
Rabun County HR 31-124c-Lawbooks to; a Resolution __________91, 204, 207, 239, 458, 538

INDEX

1867

HB 707-Tax commissioner, election,
compensation -----------------------------------927, 964, 967, 1004, 1213 HR 252-Tax for promotion of industries; proposed amendment
to the Constitution __________________________________963, 1115, 1126, 1294, 1599

Railroads (See Corporations, and name of railroad)
HB 388-Special officers for --------------------------------------285, 478, 481, 795 HB 572-Public Service Commission rules and regulations relating
to safety, health and welfare of trainmen _______________508, 1369 HB 298-Retirement, Georgia National Guard _________________198, 651, 672, 785 HB 362-Track cars, windshields and tops ________________251, 537, 754, 1219

Randolph County HB 419-Tax Commissioner __

__344, 446, 448, 487, 795

Raulerson, B. T. HR 59-255c-Compensation for damage to automobile -----------------------------------------------------------176, 677, 819, 897
Ray, Raymond T. Compensation for injuries ----------------------------------------------------------------------------------

Real Estate Brokers and Salesmen
SB 191-License and bond --------------1252, 1259, 1423, 1435, 1648, 1701 HB 851-License in counties having city of more
than 17,500 ____________________1024, 1422, 1432, 1516, 1532, 1534, 1713

Recognizances HB 353-Forfeiture of bonds and recognizances ______250, 348, 355, 412, 869

Recording

HB 48-Clerks of superior courts prohibited from

charging fees for recording veterans' dis-

charge certificates

__________69, 154, 155, 188, 373

HB 969-lnstruments affecting real or personal property; records in counties of 20,500 to 20,900 ______________________1173, 1201, 1204, 1257, 1597

HB 941-lnstruments conveying real or personal property; records in counties of 18,600 to 18,900 ______________________________1144, 1178, 1183, 1210, 1486

HB 852-Requirements as to names of executing parties before filing of instruments by Clerk of Superior Court ___1024

HB 925-Photostatic and photographic equipment; use by ordinary ----------------------------------------1142, 1423, 1432

Records (See Banks and Banking; Superior Courts)

1868

INDEX

Records, Public
HB 6-County welfare departments, destruction of obsolete case records ---------------------------------------62, 81, 81, 105, 352
HB 4-Destruction of useless public records ____62, 81, 81, 105, 117, 201

Recreation System HB 95-Act of 1946 amended -----------------------------------87, 130, 133, 170, 373
Referendum Elections HB 484-Certification of results ____________________________440, 510, 518, 576, 836

Refrigerators

HB 803-Abandoned ice boxes, refrigerators, etc., leaving

accessible to children

982, 1119, 1122, 1471, 1763

HB 658---Abandoned, regulation --------------------------------------------920

HB 683-Abandoned, regulation -------------------------------------------------------924

Regents, Board of (See University System)

Regional Forest Fire Protection Compact HB 677-Enabling Act --------------------------------------------923, 964, 966, 1012, 1375

Research Commission for Agriculture HB 613-Establishing Act -------------------------------------------------------602, 629, 636

Research Council, Georgia Forest HB 676-Creating Act ______________________923, 1020, 1120, 1132, 1423, 1462, 1527

Retail Florist Board
HB 620-Creating Act -----------------------------------------------------------------------------------627
Retirement (See City Courts; Firemen; Ordinaries; Peace Officers; Superior Courts; Teachers; Solicitors-General; Public Service Commissioners)
SB 153-Employees' retirement system amended --------------------------------------1135, 1161, 1370, 1379, 1657, 1701
HR 149-516a-Commission to study retirement system; a resolution ______________________________________________________446, 511, 519, 596, 840
HB 665-Peace Officers retirement fund, amendments ___________________________921 HB 546-Teachers retirement system amended ________________________________472, 673

Revenue Certificates
HB 519-Act amended; Code Sections 87-802, 87-803; 87-809 amended _____________________________________________468, 604, 610, 659, 837
HB 61-Fees of Clerk of superior court for validation ______________________________________71, 114, 118, 140, 255, 332
SB 134-Transit systems included, 1937 Act amended ____________________794, 808

Richland HB 473-Elections for mayor and councilmen __________417, 476, 482, 530, 738

I~DEX
HB !58--Charter amended; election of mayor and council -------------------------------------112, 130, 134, 168, 328, 426
Richmond County
HB 589-Augusta-Richmond County Building Authority Act repealed -----------------------------------580, 606, 613, 641, 839
HB 610--Board of health pension system _._________344, 446; 448, 487, 795 HB 940---Board of Health _____________________________c__l!14ii, l1'16, 1183, 1209, 1487 HB 436-Conimissioners --------~.:"'-------------------------------~70, 447, 449, 488, 738 HB 3~Election of members of board ' --
of education -----------------------------------------------228, 324,- 328, 357, 479 HR 300-License and regulation of businesses; proposed
amendment to the Constitution ....221, 348, 353, 661, 836, 1143, 1174, 1185, 1331, 1699, 1719 HB 332-0ccupational taxes and licenses _____________259, 265, 299, 421, 459 HB 1030-Pension system amended __________________1367, 1420, 1434, 1494. 1714 HB 371-Street and sidewalk improvements ____________254, 347, 355, 378, 615
Richmond County, City Court of
HB 434--Judge Emeritus ----------------------------------------------369, 446, 449, 488, 738
Ridgway, R. H., Jr.
HR 51-Compensation for damage to automobile -------------------------------------------147, 1177, 1183, 1355, 1600
Right to Work Act
HB 960-Amendment, Code Section 59-901 amended ~-----::.- ..~__:_::;11 '12, 1384

Ringgold HB 995-Mayor and council; taxes ___________________1244, 1370, 1378, 1442', 1695

Rivers HR 297-Georgia Waterways Commission estabiishl!d '---------~---~:..~129,' 1180

Roads (See Alternative Road Law; Highways)

HB 366--Signs and advertisements ----------------------------253, 372, 375, 410, 632

SB 99-Work in counties of 300,000 or more _________512, 535, 603, 612, 642

HB 634-Paving and maintenance by Highway De-

partment of rural free-delivery roa~s !),nd

,,

school bus routes ---------------------~-----------------~-----------------:______________:752

HB 672-Paving and maintenance by Highway Department of rural free-delivery roads and

school bus routes ------------------------------------------------------ -------------------------- 922

Roberson, E. E. HR 223-Compensation for loss of: hog ----'-'-'-----933, 1177, 1184,, HiSS, 1766

1870

INDEX

Roberta
HB 931-Salaries of mayor and councilmen ___1142, 1176, 1182, 1208, 1487 HB 525-Charter -----------------------------------------------------469, 558, 561, 584, 837

Rockdale _County
HB 483-,--Attorney's salary -------~-----------------_440, 508, 518, 564, 758 HB 482-Commissioners -----------------------------------_440, 508, 518, 564, 758 HB 761-,--Commissioner's compensation _________957, 1116, 1121, 1152, 1528 HB 304-,--Commissioner's salary ___________________________222, 259, 264, 297, 420

Rolling Stores
HB 590-Taxation --------------------------------------"---------------------------------580, 674
Rome HB 839-Corporate limits extended ____________________________987, 1028, 1029, 1032, 1052, 1189, 1429 HB 1005-Corporate limits extended --------------------------------------1247, 1370, 1378, 1443, 1449, 1696 HB 842-Retirement system amended ________________988, 1118, 1124, 1157, 1429 SB 190-Retirement system amended ______________1136, 1162, 1177, 1186, 1212 HB 840-Retirement system amended _____________987, 1118, 1123, 1156, 1429 HB 452-Retirement System amended ________________________394, 418, 422, 451, 607 HB 458-Retirement system amended ----------------~---395, 418, 422, 451, 607 HB 838-School Fund -----------------------------------------987, 1118, 1123, 1156, 1428 HB 841-Tax Assessors, surveys, experts ________987, 1118, 1124, 1157, 1429
Rome Judicial Circuit
HB 836-Judge's salary ------------------------------------987, 1116, 1123, 1155, 1428
Rossville
HB 1017-Tax assessor's compensation ____________1365, 1421, 1433, 1492, 1714

Rough Fish (See Fishing) Rourke, James A.
HB 336-Land conveyance by City of Savannah to; confirmed ____________________________________________ 226, 260, 265, 300, 457

Royston HB 525-Gas Distribution system _ _ _ _ __

_469, 558, 561, 584, 837

Ruhlin, Louisa HR 42-202d-Compensation for injuries -----------------------------128
Rules of Practice and Procedure for Appeal or Review (See Practice and Procedure Rules for Appeal and Review)

INDEX

1811

Rural Telephone Cooperative Act HB 134-Amendments ----------------------------------108, 130, 134, 171, 213, 244, 560 HB 249-Amendments -----o--------------------------------------------175, 260, 262, 302, 514
Rusliell, Senator Richard B., Jr. SR 94-Portrait, acceptance; a Resolution -----------------------------:.1374, 1409
s
Sabbath (See Sunday)
St. Marys SB 20-Street. closing authorized ________________________200, 210, 260, 265, 300

Salaries (See names of cities, counties, etc.)
HB 978--Deputy sheriffs, deputy clerks, etc., in certain counties ------------------------------1198, 1248, 1254, 1381, 1597
HB 806--Manner of payment in certain counties ------------------------------------------------983, 1116, 1122, 1153, 1426
Sales (See Sunday)

Sales Tax

HB 839-Credit for taxes paid in
another State ------------------987, 1028, 1032, 1052, 1189, 1429 SR 38--Sales Tax study committee;

a Resolution ----------------------------632, 646, 810, 834, 891 HB 357-Sales Tax Act amended _________________________251, 332, 350, 389, 607

HB 398--Sales Tax Act amended -------------------------------287, 324, 350, 387, 609 HB 395-Sales Tax Act amended --------------------------------287, 324, 350, 386, 608 HB 346--Sales Tax Act amended ______________249, 347, 354, 376, 516, 571, 820

HB 347-Sales Tax Amended ------------------------------------------------------------249, 671 HB 392-Sales Tax Act amended --------------------------------286, 323, 350, 382, 608 HB 393-Sales Tax Act Amended ___________________286, 323, 350, 384, 608 HB 394-Sales Tax Act amended _________________________286, 324, 350, 386, 608

.HB 562-Sales Tax Act amended ----------------------506, 542, 581, 582, 738, 896 HB 12-Schoollunches, religious papers, state banks,
transportation of tangible personal property;

executive orders confirmed ----------------------------63, 114, 117, 138, 256
HB 354-Tangible personal property imported _________________250, 331, 1220, 1652, 1654, 1659, 1700, 1712

HB 579-Exemptions; sales to religious institutions or denominations ___555

HB 520-"Sale at retail"; "Use"; "Storage" ------------------------------------------..468 HB 666--Exemptions (medicine, funeral flowers) ---------------- _________921, 1120
HB 893-Taxes paid in another State ------"----:1110, 1190, 1373, 1585, 1764 :HB 138--Exemption of medicines sold on prescription. and of

caskets and vaults ------------------------------------------------------------------------108

HB 646--Bibles, exemption ------------------------------------------------------------------- _______ 792

HB 778--Fuel and supplies for use aboard ships ________________

_____ 959

HB 204-Exemptions, counties, municipalities, local

public authorities ------------------------------------------------------

_______ 143

HB 207-Exemption, sales to non-profit schools, colleges and hospitals ___144

SR 38--Industrial materials used in manufacture, etc. __632, 646, 810, 834

:1872

INDEX

Savannah

HB 170--Charter amended (council-manager form of government) ______________________________________:_123, .476, 480, 1049, 1213

HB 336-Land conveyance to James A. Rourke



confirmed ---------------------'-c---_226, 260, 265, 300, 457 HB 992-Pension System ___________1244, 1370, 1377, 1442, 1696 SB 197-Street closing _____________1374, 1385, 1617, 1643, 1686, 1715

HB 342-Traffic commission for Savannah and

Chatham County ___

_______248, 290, 292, 329, 457

HB 943-Closing of portion of St; Julian Street -----------------------------------1145

HB 260--Civil Service Board, charter amended ----------------------------------'1'17

Savannah, City Court of HB 173-Judge's salary ------------------------------------123, 154, 156, 185, 352

Savannah, Municipal Court of HB 734-Associate Judge's salary --------------------931, 965, 969, 1256, 1528

Savings and Loan Associations HB 668-Branch offices ------------------------------------------------------------------------921

Schools (See Boards of Education; University System)

HB 1028-Consolidation in counties of

9,150 to 9,210 -------------------------1367, 1420, 1434, 1493, 1652, 1659

HB 464-Public supported schools and colleges,

instruction in history -------------------------------416, 474, 482, 594, 895 HB 517-Sick leave for teachers ____________________________467, 590, 604, 733, 1485

HB ~-Compulsory attendance --------------------------------923, 1146, 1150, 1517

HB 748--Incorporation ----------------------------------955, 1027, 1030, 1133, 1231 HB 917-Transportatioil of pupils ----------~--------------------------------- HB 250--Consolidation by county boards of education; Code

Section 32-915 amended __

---------------------------------1115

HB 946-Consolidation; Code 32-915 amended -----------------~1169, 1202; 1205

HR 150-533a-Consolidation; proposed amendment to

the Constitution ----------------------------------~_,________________470, 557, 562, 701

School Buses HB 266-Heating; inspection ----------------------------------------------------------------193

Searches and Seizures
HB 108-Return of property obtained by unlawful search and seizure ----------------------------------------------89, 398, 405

Secretary of State
SB 129-Compensation ________________________756, 769, 793, 799, 855, 875, 881, 893 HB 850--Fees for filing corporation
charters -----------------------------------------1024, 1045, 1120, 1131, 1696

INDEX

1873

Securities
SB 132-Securities Act ---------------------- _________________736, 769, 809, 833, 858, 893 SB 180-Loan companies; Security Act ------------------------------1217, 1220, 1449

Securities Commission HB 847-Amendment --------------------------------------------- -- --------------1023, 1423, 1432

Sedition and Subversive Activities Act
SB 156-Amendments ________1021, 1040, 1120, 1127, 1239, 1526, 1581, 1584, 1603

Seminole County HB 259-Tax Commissioner --------------------------------------- _______177, 263, 330, 456

Sentences
HB 247-Pre-sentence psychiatric examination in counties of 300,000 or more ----------------------------------------175, 289, 291, 365, 560
HB 68-Sentence of 99 years and a day instead of electrocution _____76, 991
Servicemen (See Income Taxes; Veterans)
SB 4-Absentee voting ---------------------------------182, 186, 419, 422, 574, 591 HB 524-Income Tax deductions _______________________________468, 631, 635, 732, 895 HB 358-Income tax deduction ______________________251, 332, 350, 389, 607 HB 661-Absentee ballots _____________________920, 1020, 1120, 1132, 1482, 1499

Sexton, H. L. HR 9-42c-Compensation for damage to automobile ------------------------------------------------------ _68, 418, 422, 572, 839
Shellfish HB 689-Shrimp, prawn, crabs and oysters; occupation tax; reports ----------------------------------925, 996, 1042, 1603, 1706
Sheriffs HB 1004-Mileage for sheriffs and deputies; Code Section 24-2823 amended --------------------------------------1246
Sherrod, H. B.
HR 69-262i-Compensation for injuries -----------------------------179
Shiflett, Lamar HR 71-Compensation for injuries ---------------179, 1778, 1184, 1412, 1601 HR 101-337e-Compensation for injuries ---------------------------------------------------227
Shrimp (See Shellfish) HB 272-Fishing and shrimping licenses ___________194, 348, 353, 662, 836 HB 300-Trawling regulations -------------------------------221, 348, 353, 661, 836

1874

INDEX

Signs and Advertisements (See Ro11ds)

Sinyard, Clyde E.
HR 107-Compensation for damage to automobile _____ ----------------------------------------- 229, 868, 873, 1194, 1698

Sitton's Gulch State Park HR 157-Name changed to Cloudland Canyon State Park; a Resolution ______________________________________________507, 605, 613, 915, 1136

Slums HR 273-Slum clearance projects; proposed amendment to the Constitution ------------------------------------------------1026, 1185, 1507, 1697
Small Loan Business HR 359-Committee to investigate; a resolution ___________________________1720, 1768

Smith, Eustis HR 220-743f-Compensation of widow and minor children ________________________933

Smith, Geo. L., II Election-Speaker Pro Tern -------------------------------------------------------------------------17
Smith, Mrs. James M. HR 256-843b-Compensation for injuries ------------------------------------------------------988
Smyrna HB 509-Limits extended ______________________________________________444, 476, 483, 532, 737 HB 857-Recorder's court ---------------------------------1025, 1118, 1124, 1157, 1429 HB 1006--Wards __________________________________________________________1247, 1370, 1378, 1694

Social Circle
HB 365-Mayor's powers; recorder ____________________________ 253, 290, 292, 330, 559 HB 814-Schools -----------------------------------------------------984, 1118, 1122, 1153, 1427
Social Security
HB 254-1951 Act amended (employees of political subdivisions) --------------------------------------------176, 371, 374, 411, 655, 691
HB 800-Coverage of employees of political subdivisions of State ---------------------------------------982, 1118, 1131; 1699
HB 829-Federal Social Security Act, applicability to DeKalb County employees _________________986, 1116, 1123, 1154, 1428
SB 179-Act of 1951 amended __________________________1424, 1450, 1481, 1489, 1689

Soil Conservation Service HR 347-Activities commended; a resolution _______________________________1678, 1767

INDEX

1875

Solicitor-Generals (See name of Superior Court or Circuit)
SB 100-Solicitors-General emeritus ------------------------ _734, 768, 792, 798, 843 SB !50-Assistants in certain circuits __________________ ____ 937, 970, 1480, 1489

Southern and Atlantic Telephone Company HR 147-515d-Stock; State-owned; sale; a Resolution ____445, 519, 577, 840

Spalding County
HB 710-Board of Education; candidates; elections -------------------------------------------------928, 964, 968, 1004, 1180
HB 413-Commissioners ---------------------------------------------- 322, 509, 517, 562, 758 HB 415-Griffin-Spalding County school
system -------------------------------------------------------------- 323, 492, 509, 521, 758
Spring Place
HB 279-Alley closing authorized ____________________195, 232, 237, 273, 458, 539 HB 832-Street closing ----------------------------------------986, 1028, 1031, 1052, 1377

St. Mary's HB 721)_:Street closings -~--------;---------:-------------------929, 965, 968, 1006, 1214

Stanley Tom
HR 176-Relieved as surety on appearanee bond -----------------------------------------------668, 1149, 1152, 1411, 1765

State HR

55-252c-Credit, loans to veterans; amendment to Constitution ___________________________________________________________________:________121, 233

State Art Commission HB 876-Establishing Act _______________________1047, 1179, 1181, 1240, 1731, 1732

State Auditor SB 129-Compensation _______________________756, 769, 793, 799, 855, 875, 881, 893

State Board of Education HB 16-Meetings, travel expenses of members __________________64, 232, 233, 276
State Board of Pardons and Paroles (See Board of Pardons and Paroles) State Board of Vocational Education (See Board of Vocational Education) State Department of Education
HB 1025-System of Accounting; establish ______________________________________________1366

1876

INDEX

State Bridge Building Authority Act SB 3-Created ----------------------------------151, 164, 204, 207, 304, 366, 367
State Bridge Building Authority SB 2-Contracts with State Highway Board ----------------------------------------------151, 168, 204, 207, 303, 366
State Department of Veterans Service SB 19-Furnish Ambulance -----------------------------------255, 274, 419, 422, 543
State Depositories (See Depositories)
State Employees HR 163-594a-Parking facilities for Capital employees ____________580, 606, 613

State Examining Boards SB 30-Right to enjoin practice of professions without license ___399, 408
State Highway Department SB 129-Compensation of members _____________________________756, 769, 793, 799, 855, 875, 881, 893 SB 2-Contracts with State Bridge Building Authority -----------------------------------151, 168, 204, 20'(, 303, 366 HB 654--Powers and duties _______________________________919, 996, 1104, 1485, 1485 HB 634--Paving and maintenance of rural free-delivery roads and school bus routes --------------------------------------------------------------------752 HB 672-Paving and maintenance of rural free-delivery roads and school bus routes ---------------------------------------------------------------------------------922 HB 643-Minimum wage of employees --------------------------------------------------------791
State Hospital Authority HB 232-Transfer of property of Alto Tuberculosis Sanitorium to ------------------------------------------------148, 232, 236, 279, 420 HB 232-Transfer of Alto Tuberculosis Sanitorium -----------------------------------------------148, 232, 236, 279, 420
State Medical College HB 749-Hospital, Act amended _________________________955, 1020, 1120, 1131, 1426

State Lands
HR 120-367a-Conveyance to City of Albany authorized ---------------------------------------------------- 253, 477, 484, 575, 841
HR 111-337o-Conveyance of land in Butts County
authorized -----------------------------------------------229, 511, 519, 574, 840 HR 86-289b-Conveyance to City of Glennville authorized;
a resolution ------------------------------------------------------196, 477, 484, 594, 796 HR 139-439c-Conveyance to Taliaferro County authorized;
a resolution ----------------------------------370, 453, 511, 573, 840 HR 112-362a-Exchange of lands in Murray County authorized;
a resolution ------------------------------------------------252, 511, 519, 653, 840 SR 11-Exchange of lands in Harris County authorized;
a resolution ---------------------------- _________________________255, 274, 511, 521, 825

INDEX

1877

HR 100-337d-Exchange of park lands in Towns County with Federal Government; a resolution ____________________227, 350, 356, 598, 819, 898
HR 153-533d-Land conveyance to Brooks County authorized; a resolution ---------------------------------------470, 511, 520, 576, 840
HR 89-298a-Land exchange with City of Macon; a resolution --------------------------------------------198, 349, 356, 410, 608
HR 16-61a-Sale of State lands in Dawson County; a resolution -------------------------------------------------------71, 39'7, 407, 543, 736
State Librarian SR 21-Miss Ella May Thornton commended for services ----------------------------------201, 210, 477, 485, 652
State Literature Commission
HB 247-Creating Act -----------------------------------------------175, 289, 291, 365, 560 HR 168-619a-State Literature Commission Act; definition;
a Resolution ---------------------------------627, 671, 676, 785, 899
State Officers SR 24--Salaries, change while in office
State Office Building Authority SB 62-Act amended _________________________________________________________456, 490, 537, 605

State School Building Authority Report ------------------------------------------------------------------------------------- ______________________________ 1579
State Officials SB 129-Compensation of certain State officials __________________________________756, 769, 793, 799, 855, 875, 881, 893

State Parks
HR 249-Cheehaw; conveyance of lands in, to City of Albany confirmed; a resolution _____________________ 962, 1148, 1151, 1194, 1426
SR 69-0kefenokee National Wildlife Refuse, State Park in;
a Resolution -----------------------------------------1020, 1041, 1371, 1379, 1650 HR 157-Sitton's Gulch State Park, name changed to Cloudland
Canyon State Park; a Resolution ____________ 507, 605, 613, 915, 1136 HR 157-Unicoi State Park designated;
a resolution ----------------------------------------------------507, 605, 613, 915, 1136

State Patrol
HB 877-Compensation for service-connected injuries _______ 1047, 1251, 1253, 1412, 1720, 1721, 1730, 1732, 1766

State Property

HB 550-Control over all property owned and jurisdiction

over adjacent streets or highways

__________________________ 504

State Warehouse Act HB 651-Created ---------------------------------------------------------------919, 980, 1357, 1601

1878

INDEX

Statesboro HB 349-Recorder's Court ---------'---------------------------------249, 290, 292, 329, 457

State Toll Bridge Authority Act SB 1-Created ____________________________________________457, 490, 606, 613, 855, 871

State Treasurer SB 129-Compensation ________________________756, 769, 793, 799, 855, 875, 881, 893

Statistical Register HR 152-533c-Distribution _____________________________________________________470, 754, 760, 856

Stephens, Alexander H.
HR 14-60a-Committee to represent State at presentation of Bust of, to State of Virginia __________________________ 71, 114, 118, 140, 257, 415
HR 247-Bust in Capitol authorized; a Resolution _____________________________________ 962, 1046, 1147, 1356, 1766

Stephens, Bobbie Jean
HR 143-502a-Compensation to Miss Bobbie Jean Stephens and J. N. Stephens for injuries ----------------------- ----------------------- ____________443

Stevenson, Adlaie HR 174-Request to address General Assembly; a Resolution __________664, 796

Stewart County
SR 96-Board of Education; proposed amendment to the Constitution _______________________________1527, 1545, 1594, 1604, 1702
HB !59-Sheriff's compensation ____ _____________112, 231, 234, 258, 268, 401 HR 315--School System; proposed amendment to
the Constitution __________________________ 1246, 1368, 1379, 1561, 1714

Stockbridge HB 490-Elections; utility systems

_________ _441, 476, 483, 531, 737

Stone Mountain Judicial Circuit

HB 86--Reporter's salary ___________________________________78, 260, 261, 293, 479, 538

HB 1019-Compensation and election of Judge and Solicitor

General

_--------------------------------------- ______________ ___1365-1448

Streams HR 151-533b-Pollution, committee to study __________________470, 509, 520, 664

Street Railroads HB 1026-Eminent domain; Code Section 94-1002 amended _ _ __ _ __ ____________________ _ __ ____ 1366; 1525, 1530

INDEX

,1879

Strickland Motor Company HR 8-42b--Compensatiop for automobile repairs ____67, 621, 673, 811, 897

Subpoenas (See Witnesses) HB 200-Dockets in superior courts _________________________127, 181, 184, 218, 1694

Subversive Activities Act
HB 327-Enabling Act -------------------------------------------------225, 588, 605, 655, 836 SB 156-Amendments ____________________1021, 1040, 1120, 1127, 1239, 1526, 1581,
1584, 1603

Sumter County
HR 280-Land conveyance to; authorized ________1048, 1177, 1185, 1241, 1484 SR 35-Land exchange with; a resolution _____________________________________ 1374, 1490 HB 175-0rdinary's compensation _____________________________123, 202, 205, 239, 401

Summerville HB 441-Elections; registration of voters __________________________392, 418, 422, 606

Sunday SB

83-Sales of certain agricultural products _______________________________456, 491, 606, 614, 662, 691, 694, 863

Superior Courts (See name of court)

HB 854-Clerk's retirement system; amendments -------------------------------------------SB 21-Contingent expense allowance for judges and

solicitors-general -----------------------------------230, 241, 371, 375, 861, 893 HB 439-Fees of clerk in counties of 100,000 to 110,000; Code
Section 24-2727 amended ____________________________ 370, 446, 449, 488, 738

HB 281-Index of instruments affecting property in counties of 12,160 to 12,190; Code Section 24-2715 amended --------------------------------------------- 195, 265, 263, 295, 400
HB 102-Judge emeritus, Acts amended --------------------------------- _____ 88, 756, 760 HB 214-Jury service in superior court in circuit of
one county with population of 150,000 to

450,000 ------------------------------------------------------------145, 231, 235, 331, 757 HB 363-Reporter; compensation in counties of
100,000 to 110,000 ______________________________ 253, 347, 355, 377, 515

HB 47-Robed judges and flags in counties of

473,572 ----------------------------------------------69, 260, 261, 301, 361, 633, 774

HB 200-Subpoena dockets _____

___________________ 127, 181, 184, 218, 1694

HB 747-Superior court reporter emeritus

system amended ------------------------------------ 955, 1370, 1377, 1505, 1713

HB 856-Reporter Emeritus, act amended _________

_____________________________ 1024

HB 869-Judge Emeritus, Act amended ------------------------------------------------------1046 HB 176-Fees of clerk in counties of less than 65,000; Code
Section 24-2728 amended ______________________124, 259, 262, 341, 358, 466

HB 429-Practice of law by Clerk; Code Section 24-2702 amended ___________________ _______

368, 671

HB 407-Judge Emeritus Act amended __

____________________ 322, 980, 1139

HB 308-Clerk's retirement Act amended _____ ________________________________ 222

1880

INDEX

Superintendent of Schools SB 129-Compensation ______________________756, 769, 793, 799, 855, 875, 881, 893

Supreme Court
SB 129-Compensation of Justices ____756, 769, 793, 799, 855, 875, 881, 893 HB !56--Compensation of Reporter and of
Assistant Reporter ------------------------------------111, 181, 183, 215, 401 SB 39-Justices Emeritus -----------------------------351, 359, 371, 375, 453 HB 228-Chief Justice Emeritus and Associate Justices
Emeritus, amendment ----------------------------------------------------148, 203, 206

Swimming Pools HB 168-Use of chemicals in water

--------------------------------------------------122, 290

Sylvania, City Court of HB 311-Terms __ _ ---- - ------------------ ---------- 223, 259, 265, 298, 421, 459

Sylvester, City Court of
HB 599-Judge's salary, solicitor's salary, reporter, practice and procedure _________________________________600, 630, 635, 688, 902

T
Talbot County
SB 22-Compensation of commissioners ________________152, 169, 202, 208, 241 SR 8-Lawbooks to; a resolution______________________________l52, 169, 477, 485, 522 SB 55-Tax commissioner's compensation ______________351, 360, 509, 520, 587

Talbot Superior Court SB 158--Terms

----- ----------- __________ 1135, 1161, 1175, 1185, 1212

Taliaferro County
HB 222-Board of education; expenditures ______________147, 231, 235, 270, 403 HB 226--Board of education; purchases ____________________147, 231, 236, 271, 403 HB 227-Commissioners' purchases __________________________148, 231, 236, 271, 403 HB 223-Commissioners; expenditures ______________________147, 231, 236, 270, 403 HR 139-439c-Land conveyance to, authorized;
a resolution ------------------------------------------------------370, 453, 511, 573, 840 HB 224--Commissioners, amendments --------------------------------147, 231, 236, 271

Tattnall County HB 491-0rdinary's compensation _____ . __________________441, 508, 518, 564, 758

Tax Collectors
HB 386--Commissions; Code Section 92-5301 amended -------------------------------------285, 323, 372, 465, 634, 649, 759

INDEX

1881

Tax Receivers
HB 386-Commissions; Code Section 92-5301 amended --------------------------------------285, 323, 372, 465, 634, 649, 759

Taxation (See Income Taxes; Sales Tax)
HB 540-Act of 1935 amended _____________________________471, 621, 631, 780, 896
HB 356-Board of Settlements and compromises -----------------------------------------250, 350, 355, 388, 610, 647
HR 186-Compromise of certain outstanding wine
taxes; a resolution -----------------------------------------------------------------782, 841 HB 17-County tax assessors; agent to seek out
unreturned property _______________________________64, 324, 328, 362, 607
HR 229-County education taxes; proposed amendment to the Constitution ________________________934, 1019, 1120, 1454, 1766
SB 214-County tax returns (population exception) ----------------------------------1213, 1220, 1450, 1479, 1612
HR 106-Exemptions; propoSed amendment to the Constitution ----------------------------------------------229, 537, 602, 973
HR 175-Federal motor fuel taxation; a resolution ----------------------664, 794 SR 23-Firemen's pensions, taxation for; proposed amendment
to the Constitution __________________797, 809, 990, 1001, 1716
HB 354-Intangible Property Tax Act ___________________________250, 331, 1220, 1652, 1654, 1659, 1700, 1712
SB 135-Intangible tax returns __________________735, 769, 810, 834, 883, 893
HB 566-Municipal tax rates; .Code Section 92-4101 amended _______:_____________________________507, 558, 562, 586, 870
HB 689-Shrimp, prawn, crabs and oysters ____925, 996, 1042, 1603, 1706
HB 590-Rolling Stores -----------------------------------------580, 674 HB 1011-Motor Fuel Tax law amended ___________1363, 1421, 1448, 1517 HB 949-Motor Fuel Tax Law
amended ---------------------------------------1170, 1204, 1205, 1261, 1731, 1753 HB 953-Insurance adjustment companies and
insurance adjusters ----------------------------------------1170, 1250, 1253, 1472 HB 923-Banks and Banking associations ------------------------------------------------1141 HB 938-Banks, trust companies, etc. ---------------------------------------------------1144 HB 511-Intangible personal property -------------------------------------------------------444 HB 503-Assessments, Arbitration -------------------------------------------------------------443 HB 99-Intangibles (loans, advances and credits on
agricultural commodities) -------------------------------------------87, 631, 634 HB 754-Dealers in Gun shells ------------------------------------------956, 998, 1102, 1229 HB 691-Fortune Telling; taxation and control by counties ______________________925 HB 671-Fortune Telling, taxation and control
by counties --------------------------------------------------------------------922, 1482, 1489 HB 670-License tax by counties on pool,
billiard tables, etc. --------------------------------------------------------922, 996, 1108 HB 663-Banks and banking
associations __________________________921, 963, 966, 1020, 1133, 1248, 1636 HR 311-1001b--Homestead exemption, proposed amendment
to the Constitution ----------------------------------------------------------------------------1245 HR 255-843a-Exemption of fraternity and sorority
houses; proposed amendment to the Constitution _______________________ 988 HR 240-743z.-Exemption of fraternity and sorority
houses; proposed amendment to the Constitution _____________ 936, 1480 HR 230-743p-School Tax; proposed amendment
to the Constitution ------------------------------------------ 934, 1019, 1120, 1457 HR 97-337a-Exemptions; proposed amendment to the Constitution ___ 227

1882

INDEX

SR 30-Delinquent taxpayers, list ------------------------------------------------------632, 646 SB 63-Executions; redemption ______________________373, 380, 537, 604, 825, 852 SR 13-Proposed amendment to Federal Constitution ____________654, 690, 810
Taylor County SB 124-Compensation of commissioners __________________325, 359, 509, 520, 617
Taylor, James HR 71-Compensation for injuries ____________________179, 1184, 1412, 1601, 1778

Tazewell
HB 787-Charter --------------------------------------------------961, 1027, 1030, 1049, 1376
Teachers
HB 667-Retirement system, allowances ________________921, 992, 996, 1043, 1426 HB 896-Retirement system amended, local
retirement systems ____________________1110, 1189, 1201, 1261, 1660, 1665 HB 664-Retirement system amended; prior
service certificates ______________________________921, 1118, 1121, 1194, 1597 HB 652-Retirement system amended;
"teacher" defined ------------------------------------919, 1118, 1121, 1193, 1597 HB 10!2-Retirement system; retirement age in counties
of 62,800 to 63,000 _______________________________1477, 1523, 1530, 1633, 1715 HB 846-Retirement system amended; prior
service credits -------------------------------------------------1023, 1124, 1237, 1598 HB 517-Sick leave _______________________________________________________467, 590, 604, 733, 1485 HB 546-Retirement system amended ____________________________________________________472, 673

Teachers Retirement System
SB 51-Amendment; continued employment after retirement age ----------------------------------------------- 373, 380, 474, 485, 572
SB 86-Break in service ---------------------------------------------512, 534, 651, 673, 822 SB 31-Disability retirement ____________________________________ 350, 358, 672, 676, 852

Telephones
HB 134-Rural telephone cooperative act amended ------------------------------------------108, 130, 134, 171, 213, 244, 560
HB 249-Rural telephone cooperative act amended _____ ------------------------------------------------------175, 260, 262, 302, 514
Telfair County
SB 48-Commissioner --------------------------------------------------195, 258, 263, 295, 400 HB 283-Sheriff's salary ----------------------------------------------325, 359, 509, 520, 617 SB 47-Tax commissioner ____________________________________________468, 628, 634, 687, 901

Temple HB 701-Tax rate _______________________________________________________ 926, 965, 967, 1002, 1213

Thomas, Albert
HR 60-255d-Compensation for damage to automobile __ --------------------------------------------- __________ 177, 677, 819, 897

I.N D'E X

1883

Thomas, David Hugh HR 61-262a-Compensation for injuries: _________ ------------------------------ 178, 1525-

Thomas County
HB 521-Depository ----------------------------------------------------.468, 628, 634, 687, 901 HR 302-School system; proposed amendment
to the Constitution --------------------------------1171, 1218, 1368, 1547, 1714
Thomasville HB 522-Gas system ________________________________________________________468, 558, 560, 584, 837 HB 1027-Water and light department ______________1366, 1421, 1433, 1493, 1698

Thompson,, Miss Rose HR 19-87b-Compensation for injuries -------------------- 79, 478, 484, 549, 839
Thomson HB 705-Charter amended ________________________________________927, 965, 967, 1003, 1375

Thornton, Miss Ella May SR 21_:_Commendation for services; a Resolution ------------------------------------------------.. 201, 210, 477, 485, 652
Tift County HR 18-87a-Board of education; proposed amendment to the Constitution __________________________________ 78, 201, 206, 694, 701, 897

Tifton Judicial Circuit HB 96-Solicitor-General's salary ________________________________87, 259, 260, 294, 402

Tile Contracting HB 312-Licenses -------------------------------------------------------------------------------------223, 398

Timber HB 252-Measurement of board feet in logs or trees --------------------------------------------------------------------175, 346, 353, 545
Title (See Land)

Tobacco
HR 357-State tobacco specialists authorized; a resolution ----------------------------------------------------------

---------- 1683, 1767

Toll Bridge Authority Act SB !-Enabling Act . _____________ .... _______,________ 457, 490,. 606, 613, 855, 871

1884

INDEX

Toombs County
SB 36-Commissioner; compensation and expenses, clerk -------------------------------935, 1028, 1032, 1053, 1484

Torts HB 497-Causes of action against State, counties and municipalities ____442

Tourist Courts HB 196-License and regulation ___________________127, 233, 235, 278, 1134, 1706

Towns County
HR 235-Lawbooks to -------------------------------------------935, 1028, 1032, 1053, 1484 HB 731-Commissioners ----------------------------------------------------930, 990, 997, 1035

Traffic SB HB
HB
HB HB
HB

74-Cash appearance bonds __________________________________________400, 409, 673, 676
403--Court of ordinary, superior court clerk to attend in counties of 7,100 to 7,320 _____________________288, 398, 406, 573, 589, 1097, 1484
118-Fines in traffic cases in counties of 7,500 to 7,600 ---------------------------------------------90, 125, 133, 165, 326
454-Fines; disposition of -----------------------------394, 475, 481, 576, 795 791-Fines in court of ordinary,
disposition of -----------------------------------------963, 991, 1000, 1097, 1487 128-Uniform Act Regulating Traffic on
Highways __________________92, 475, 481, 598, 622, 651, 994, 1053, 1133,
1240, 1586, 1603

Traffic Cases HB 118-Fines in counties of 7,500 to 7,600 ________________90, 125, 133, 165, 326

Training School for Boys
HR 292-Conveyance of lands to Baldwin County Hospital Authority ----------------------------------------------1114, 1177, 1185, 1236, 1698

Training Schools
HR 194-639b-Committee to investigate training institutions for delinquent and underprivileged children ____________790, 833, 843, 892

Tramroads
SB 186-Width of private ways and tramroads --------------------------------------------1252, 1259, 1524, 1531, 1653

Trapping
HB 326-Hunting, fishing or trapping without license; offense defined, punishment ------------------------------------225, 348, 354, 1262, 1761

INDEX

1885

Trash HB 955-Dumping trash, refuse or garbage on property of another -------------------------------------------------------------------1171, 1524, 1530
Treasurer SB 129-Compensation ______________________756, 769, 793, 799, 855, 875, 881, 893

Treutlen County
HB 528--Commissioners' clerk _____________________________________469, 628, 635, 687, 901 HB 527-0rdinary's compensation ______________________________469, 628, 635, 687, 901 HB 530-Tax commissioner's compensation ______________469, 628, 635, 688, 901

Trials
HR 295--Judgment without jury __________________1121, 1190, 1369, 1469, 1765 HB 561-Change objections and assignments of error -------------------------------506 HB 582--0pening and closing of argument in criminal cases;
Code Section 27-2201 amended ___________________________556, 991, 996, 1098

Trion HB 443-School System _________________________________________:_______393, 418, 422, 451, 607

Troup County
HB 982--Pension system amended ________________ ____1199, 1248, 1255, 1382, 1598
1
Trust Companies
'SB 27-bonversion into state banking corporations ------------------------------------------------182, 186, 473, 485, 596
SB 195-Capitol Stock; Code Section 109-105 amended -----------------------------------------1252, 1259, 1478, 1490, 1693
Trusts and Trustees
HB 64-City as trustee of any funds donated to cemeteries ------------------------------------------------75, 153, 156, 189, 373
SB 118--Foreign trustees as to lands in Georgia -----------------------------------------------------609, 619, 629, 636
SB 28--Investments by trustees ------------------------------183, 187, 258, 266, 390 HB 162--Leases of real property ------------------------------112, 154, 156, 190, 401 HB 155-Pension, profit-sharing, stock bonus, death
benefit and disability benefits trusts created by employer for employees exempt from rule against perpetuities -----------------------------111, 153, 156, 190, 401, 559 SB 89-Sale of stocks and bonds _______________________582, 587, 671, 676, 825 HB 474-To hold title to properties used or useful in furnishing utilities or other services _____________________________417, 477, 482, 557, 869

Trusts HB 637-Creation of trusts for benefit of persons sui juris __________________752

1886 Trucks (See Motor Trucks)

INDEX

Tuberculosis
HB 50S-Compensation for State employees contracting tuberculosis from occupational exposure __________________________444, 557, 560, 592, 895
HB 802-Persons with contagious tuberculosis, State Board of Health rules and regulations ______________________________ 982, 1117, 1122, 1238, 1697
HB 195-Control ------------------------------------------------------------------------126, 203, 205, 366 HB 232-Lease or transfer to State Hospital Authority of Alto
Tuberculosis Sanitorium ________________________________148, 232, 236, 279, 420

Turner County
HB 726-Commissioner's compensation __________________930, 964, 969, 1006, 1214 HB 310-Commissioners' bond; clerk; warden; county attorney;
county physician -------------------------------------------- 223, 258, 264, 298, 420 HR 99-337c-Lawbooks to; a resolution __________227, 477, 484, 522, 757, 773 HB 309-Sheriff's bond --~-------------------------------------------222, 259, 264, 298, 420
Turnpike Authority Act
HB 794-Enabling Act ______981, 1149, 1150, 1152, 1251, 1355, 1306, 1604, 1646, 1649

Twiggs County HB 916-Commissioner ----------------------------------------1113, 1145, 1151, 1188, 1431
Twiggs Superior Court HB 913-Terms ----------------------1113, 1203, 1205, 1257, 1528
u
Unfair Cigarette Sales Act HB 469-Bill to repeal ----------------------------------------------------------------------------------_417
Unicoi State Park HR 142-Designated; a Resolution _________________________417, 511, 519, 944, 1426
Uniform Simultaneous Death Act HB 65-Provide for ------------------------------------------------------------------------------------------75
Uniform Act Regulating Traffic On Highways HB 128-? __92, 475, 481, 598, 622, 651, 994, 1053, 1133, 1240, 1586, 1603
Uniform Act to Secure Witnesses in Criminal Proceedings HB 920-Enabling Act ----------------------------------------------------------------- ______________1141
Uniform Administrative Procedure Act HB 248-Enabling Act -------------------------------------------- _______ ----------------------------- ____175

INDEX

1887

Union County
HR 121-374a ___ Lawbooks to; a resolution __________254, 477, 484, 523, 757, 772 HB 404--Tax Commissioner's salary _________________________ 288, 347, 356, 380, 516

University System
SR 99-Committee to promote science center at University of Georgia --------------------------------------------1488, 1497, 1526, 1532, 1632
HR 336-Grant of funds from Kellog Foundation __________________________1415, 1487 HR 253-Law students, courses in legal and judicial ethics __________972, 1022 SR 86-Legislative committee to investigate finan-
cial status of State Board of Regents and University System; a Resolution ______1136, 1162, 1178, 1186, 1193

Upson County
HB 433-Commissioners --------------------------------------- 369, 589, 620, 753, 761, 895 HR 290-Lawbooks to -------------------------------1114, 1422, 1434, 1491, 1701, 1718 HB 432-Tax Commissioner _________________________________________369, 589, 620, 753, 761

U. S. Conservation Service HR 247-Activities commended ___________________________ 962, 1046, 1147, 1356, 1766

Utilities
SR 43-Federal regulation; memorial to Congress __________________________797, 827
v
Valdosta, City Court of
HB 723-Pleading, procedure and practice __________________,929, 965, 1006, 1214
Validation
SB 208-Exception to judgment, time of filing ____________________________1484, 1496, 1642, 1644, 1690, 1716, 1729
Veterans (See Business License Taxes) (State Department of Veterans Service)
HR 353-Admission to Veterans Administration hospitals __________1681, 1767 HB 48-Discharge certificates, clerks of superior courts
prohibited from charging fees for recording _____________________________________________________:______69, 154, 155, 188, 373 HB 103-Evidence for making claims __________________________88, 291, 291, 336, 514 HB 355-Korean conflict veterans, income tax ------------------------------------------~--------250, 332, 350, 388, 607 HR 55-252c-Loans; proposed amendment to the Constitution ______ 151, 233 HR 53-242a_:._Bonuses; amendment to the Constitution ------------------------------------------------150, 233, 237, 280, 333 HB 887-Business Licenses ------------------------------------------------------------ ___1109, 1373
Victoria Bryant State Park
HR 132-42d-Donation of lands for; a resolution --------------------------------'--------------------345, 397, 408, 576, 796

1888

INDEX

Vidalia SB SB

73-School system --------------------------------------------------399, 409, 418, 423, 452 199-Tax assessors; election; duties __________1212, 1220, 1250, 1256, 1383

Villa Rica HB 412-Mayor and Councilmen ----------------------------------322, 397, 406, 425, 606

Vital Statistics Act
HB 197-Amendments ------------------------------------------127, 203, 206, 279, 514 HB 974-Amendment ------------------------------------------------1198, 1258, 1369, 1506

Vocational Education Board (See Board of Educational Education) HR 180-Memorial to Georgia delegation to Congress -------------------697, 796

Voters SB

57-Registration --------------------------------------------------------------------------------797, 808

Voting (See Elections)
HB 446-Illegal voting ------------------------------------------------------------------------------------393 HB 447-Illegal voting; punishment --------------------------------------------------------------393

Voting Machines SB 77-Authorized in counties of more than 300,000 and municipalities therein _____________________________457, 491, 537, 603, 615
w
Walker, Mrs. Laura M. HR 74-262n-Compensation for injuries __________179, 650, 793, 819, 821, 897

Wardens
HB 897-Bonds of wardens and other custodial officers of prisons and work camps ---------------------------------1111, 1189, 1202, 1261, 1528

Ware County
HR 20-87c-Lawbooks to; a Resolution ____________79, 204, 207, 238, 468, 589 HR 237-Waycross and Ware County development authority; proposed
amendment to the Constitution _____935, 1116, 1126, 1278, 1602

Warehouses
HR 164-594b-Committee to study warehouse system; a resolution ---------------------------------------------------581, 670, 676, 786, 899
HB 651-Warehouse Act ------------------------------------------919, 980, 1117, 1357, 1601

Warren County
HB 146-Commissioners; compensation and expenses -------------------------------------------------110, 129, 134, 167, 327
HB 351-Tax commissioner ----------------------------------250, 347, 354, 376, 515 HB 192-Tax receiver's compensation ________________126, 202, 205, 239, 404, 842

INDEX

1889

Warrenton

HB 144--Limits ------------------------------------------------------110, 118, 130, 134, 167, 327

HB HB

143-Mayor 145-Police

Paennds i oconus n_ci_lm_ _en_ _--_--_--_---_--_---_--_--_---_--_---_--_--_---n10o9,,

130, 130,

134, 134,

167, 167,

327 327

Warrants HB 991-Abandonment, extradition warrant ----------------------------------------------1244
Washington SB 203-Mayor and council, election _ _ _1212, 1220, 1250, 1256, 1388

Water Conservation
HR 124-398c-Committee to Study ------------------------------288, 346, 357
Water Supplies
HB 15-Prospecting for, by Department of Mines, Mining and Geology ---------------------------------------------63, 130, 131, 170, 256
Waters, Donald R. HR 87-289c-Compensation for loss of hog ____________196, 673, 678, 820, 897
Waterways HR 297-Georgia Waterways Commission established _________________1129, 1180
Watts, Howard R.
HR 217-Compensation for damage to automobile -----------------------------------932, 1177, 1184, 1242, 1600
Waycross
HB 736-City Manager ------------------------------------------951, 965, 969, 1008, 1215 HB 79-Compensation of mayor and
commissioners --------------------------------------------77, 131, 131, 158, 325 HB 78--Police Court ________________________77, 131, 131, 158, 325 HR 238--School tax; proposed amendment to the
Constitution ________________935, 963, 970, 1281, 1602 HR 237-Waycross and Ware County Development
Authority; proposed amendment to the Constitution ------------------------------------935, 1116, 1126, 1278, 1602 HR 21-87d-City School and Water tax; amendment to the Constitution ------------------------------------------------------------------79 HB 78--Charter amended; maximum fine in police court ----------------------------------77, 131, 131, 158, 325
Waycross, City Court of
HB 735-Clerk's compensation --------------------------931, 965, 1008, 1483, 1502 HB 76-Judge's salary _______________________77, 231, 234, 267, 419 HB 77-Procedure and practice -----------------------------------77, 231, 234, 267, 419 HB 75-Solicitor's salary -------------------------------------------77, 231, 234, 267, 419

1890

INDEX

Wayne County
HR 329.,----Lawbooks to; a resolution _____ 1366, 1422, 1435, 1493, 1732, 1752 HB 514-Tax appraisals ______________________________________________445, 508, 519, 566, 759 HB . 268_:_Tax commissioner's salary ----------------"-----------193, 258, 263, 295, 420

Weaver, Capt. W. M. (Buch) HR 202-Commended for services to General Assembly _________________ 860, 899

Webster County
HB 353-Tax Commissioner -----------------------------------~-----250, 332, 350, 388, 607 HB 345-Tax Commissioners salary __________ 249, 347, 354, 376, 516, 571, 820 HB 346-Commissioners salary __________________ 249, 347, 354, 376, 516, 571, 820 HB 348-Clerk's compensation ____________________________ 249, 347, 354, 376, 515, 820 HB - 350-0rdinary's compensation ---------------~------249, 347, 354, 376, 515, 820

Welcome Stations (See Highways)

Welfare Departments, County HB 6-Destruction of obsolete case records ________________62, 81, 81, 105, 352

Wells
HB 409-Abandoned open wells or holes in counties of 4,520 to 4,820 ----------------------------------------------322, 447, 448, 485, 734

West Bainbridge HB 703-lncorporating Act --------------------------------------927, 965, 967, 1003, 1213

West Point
HB 929-Corporate limits ____1142, 1176, 1182, 1208, 1482, 1502, 1652, 1659 HB _319-Corporate limits ____________________________________224, 260, 265, 298, 405, 412

Western Judicial Circuit HB 770-Reporter's salary _-------------------------------------958, 990, 999, 1037, 1376

Whigham HB 926-Charter

~1242, 117~ 1181, 120~ 137~ 1486

White County HB 593_:_White County-Cleveland planning commission ___________ ------------------------------------ _____ 580, 604, 611, 641, 835
White Music Company, Gainesville HR 57-255a-Compensation for damage to automobile _____________________________________________176, 694, 793, 820, 897

INDEX

1891

Whitfield County
HB 89-Commissioners ------------------------------------------------80, 129, 132, 164, 32S HB 88-Tax Commission ------------------------------------------------79, 129, 132, 164, 326 HB 88-Tax Commissioner -------------------------------------------79, 129, 132, 164, 326 HB 783-Public Works camp ______________________________________________660, 990, 1000, 1039

Wilcox County HR 43-202e-Lawbooks to; a Resolution __________128, 204, 207, 240, 458, 771
Wilcox Superior Court HB 212-Terms ----------------------------------------------------------------144, 231, 235, 270, 404
Wilkes County SB 193-Commissioners ----------------------------1212, 1219, 1449, _14.7~, 1536, 164,9
Wilkinson County HB 597-Compensation of Commissioners ________________600, 670, 675, 7611 901
Willacoochee HB 986-Charter _______________________________________1243, 1368, 1377, 1441, 1660, 1675

Wills HB 201-'-Probate in solemn form, notice --------~--:_:c'---"--------------------------127, 181, 184, 219, 630, 945; 1693
Wilson, C. B. HR 54-Compensation for injuries ___________,________ 178, 1178, 1183, 1356, 1600

Wimberly, J. R. HR 92-Compensation for damage to automobile --------------------------------------------199, 1029, 1032, 1411, 1601
Wines (See Taxation) HB 462-Possession in certain counties ---------------------------------------- _____________416 HB 329-Possession in counties of 16,250 to 16,750 ___________________________________225

Witnesses
HB 303-Female witnesses in civil cases, attendance on trial ------------------------------------------------------222, 396, 406, 1262, 1761
SB 172-Female witnesses; Code Section 38-2101 amended ________________________________1251, 1259, 1546, 1642, 1732
HB 11~0ut-of-county witnesses in civil cases ____________________________90, 141, 373 HB 201-Subpoena of, Code Section 38-1501 amended; continuances
for absence of witnesses ____________127, 181, 184, 219, 630, 945, 1693 HB 920-Uniform Act to secure attendance of witnesses from
within and without State in criminal proceedings -----------"--------1141

1892

INDEX

HB 177-Attendance fees; Code Section 38-1501 amended ---------------------------------124, 629, 634, 817, 846
HB 180-Depositions; Code Section 38-2305 amended ______124, 259, 262, 362

Women (See Witnesses) HB 111-Jury service; Code Sections 59-106, 59-112, 59-201 amended ________________89, 398, 405, 496, 537, 1693

Woodbine HB 42~Charter ---------------------------------------------------------345, 397, 406, 425, 606
Woodland SB 94-Charter amendments ------------------------------------558, 570, 581, 583, 616
' . :
Words and Phrases HB 526--New word "andor" -------------------------------------------------469, 630, 635, 732

Work Camps (See Wardens)

Workmen's Compensation

SB 161-"Employee"; firemen and policemen in cities

of more than 300,000 ------------------------------995, 1028, 1010, 1033, 1128

HB 435-"Employee" defined; Code Section

114-101 amended ______________

_________369, 651, 815, 895

HB 422-Medical treatment, etc.; Code Section 114-501 amended ____________345

HB 131-"Employer" "employee"; defined; Code Section

114-101 amended --------------------------------------------------------"-------------107 HB 240-Workmen's Compensation ---------------------------------------------------150, 1384 HR 251-790j-State Board; proposed amendment to the Constitution ______962

Wrens HB 35-Appraisal of taxable property __________________________66, 80, 82, 94, 200

Wrightsville HB 121-Charter amendments ------------------------~---------91, 130, 133, 166, 327
y
Year's Support HB 338-Time for filing application ________________________228, 290, 292, 575, 869 HB 461-Recovery for husband's or parent's homicide may be set aside as ------------------------------------------------_416, 475, 481, 592
z
Zoning (See names of counties)

Part Ill
HOUSE RESOLUTIONS
House of Representatives Resolutions
HR !-Organization; notify Senate -------------------------- 17 HR 2-0rganization; notify Governor ------------------ 17 HR 3-Adoption of Rules -------------------------------------- 17 HR 4-Compensation of attaches ----------------------------------------------- 22 HR 5-Committee to Escort Governor; address -------------------------------- 23 HR 6-Canvassing and publishing election returns ------------------- 23 HR 7-Chatuge Lake Area; lease property to
State of Georgia ---------------------------------------67, 233, 237, 278, 516 HR 8-Compensate Strickland Motor Company ___67, 621, 673, 811, 897 HR 9-Compensate H. L. Sexton ------------------------------68, 418, 422, 572, 839 HR 10--County Boards of Education; elect by people ___________68, 289, 293 HR 11-Bibb County; Colored School for Blind -----------------------------68, 233 HR 12-Compensate William Kimbrell -----------------------------------68, 1371 HR 13-Compensate Wm. H. McCoy -----------------------------------68, 1371 HR 14-Alexander H. Stephens; presentation of Bust in
Richmond, Va. -----------------------------71, 114, 118, 140, 257, 415 HR 15-Margaret Mitchell; authorize purchase of oil painting of ______ 71 HR 16-Dawson County; authorize sale of land __71, 397, 407, 543, 736 HR 17-Governor Herman E. Talmadge; budget message _________________72, 74 HR 18-Tift County; comprise one school
district --------------------------------------78, 201, 206, 294, 701, 897 HR 19-Compensate Miss Rose Thompson ______________79, 478, 484, 549, 839 HR 20--Ware County; furnish law books to ____79, 204, 207, 238, 458, 589 HR 21-City of Waycross; tax exemptions for certain persons ____________ 79 HR 22-Compensate B. D. Cravey _____________________________79, 478, 484, 549, 841
HR 23-Compensate Q. A. Beasley --------------------------79, 478, 484, 550, 840 HR 24-Polk County; furnish lawbooks to ______79, 204, 207, 238, 458, 541 HR 25-Coweta County; furnish
law books to ---------------------------------------------79, 204, 207, 239, 458, 540 HR 26-Exceptional and retarded children --------------------------------------------- 83 HR 27-Miss Ernestine Simpson; recognize as first girl
to serve as page --------------------------------------------------------- 84 HR 28-Bob Ziegler; express sympathy for illness ------------------------------- 85 HR 29-Compensate Samuel Glen Densmore ______91, 418, 422, 577, 840 HR 30--Compensate James W. Gurley ----------------------------------------------91, 1372 HR 31-Rabun County; furnish lawbooks to ____91, 204, 207, 239, 458, 538 HR 32-Justice of the Peace; jurisdiction _____________________92, 201, 207, 338 HR 33-Dixon Oxford; election to Highway Board ________________________95, 115
HR 34-Keg Creek State Park Area; licensing of property ---------------------------------------------109, 397, 407, 455, 736
HR 35-Compensate Clyde Frye ----------------------109, 1029, 1032, 1103, 1600
HR 36-Meriwether County; seating of member -------------------105, 114, 119
HR 37-Harry Bailey; extend condolence ----------------------------------------------- 119 HR 38-General Assembly; provide for
adjournment -----------------------------------------.119, 154, 172, 280, 360, 366

1894

INDEX

HR 39-Compensate J. B. Polk ________________ 128, 1177, 1183, 1410, 1699, 1752 HR 40-Economy in State Government; .Committee to
investigate _________;_____:_________::__;____:_.__________________________________________ 128, 372

HR 41-Compensate E. C. Bradbury ---------------------------------------------------------- 128

HR 42-Compensate Louisa Ruhlin ------------------------------------------------------------ 128

HR 43-Wilcox County; furniSh lawbooks to _____________________________________________128, 204, 207, 240, 458, 771

HR 44-Hon. Ben Smith; extend condolence ________ ____________________ ______________ 136

HR 45-Committee to study Act of General Assembly ___146, 181, 185, 219 HR 46-Compensate Mrs. Lizzie Lundy __________146, 1178, 1183, 1355, 1600

HR 47-Compensate J. Sherwood Clement -------------------------------------- _146, 1495

HR 48-Alma, City of; tax for new

industries ------------------------------------------------146, 289, 293, 694, 707, 897

HR 49-Bacon County; tax for promoting

new industries ----------------------------------------146, 201, 207, 694, 709, 897 HR 50-Compensate J. B. Bruce ________________________147, 1177, 1183, 1355, 1698

HR 51-Compensate Mr. R. H. Ridgeway, Jr. --- _______________________________147, 1177, 1183, 1355, 1600

HR 52~Cotton; urge Georgia Congressional Delegation

to raise price of -------------------------------------------------------------------------------- 142

HR 53-Bonus to Veterans; provide

taxation for -----------------------------------------------150, 233, 237, 280, 333

HR 54-Compensate Jearldyne Garrett ------------------------------- 150, 1372, 1378 HR 55-Veterans; loans for agricultural purposes ________________________ 151, 233

HR 56-Mayor Hartsfield and City of Atlanta; thank for hospitality_ 173 HR 57-Compensate White Music Company ____________176, 694, 793, 820, 897

HR 58-Colored School for Blind in Bibb County; sell property _________ 176

HR 59-Compensate B. T. Raulerson -------------------------------176, 677, 819, 897

HR 60-Compensate Albert Thomas ----------------------------------177, 677, 819, 897

HR 61-Compensate Mrs. David Hugh Thomas -------------------------178, 1525 HR 62-Compensate George W. LaFray _____________________________________________ 178, 821

HR 63-Compensate Dr. E. H. Hutchins -------------------------------------------------- 178 HR 64-Compensate C. B. Wilson ____________________ 178, 1178, 1183, 1356, 1600

HR 65-Compensate Jarvis Johnson __________________178, 1177, 1183, 1361, 1601

HR 66-Compensate Rachael Kravtin ----------------------------------------------- _____ 178 HR 67-Compensate Mrs. Julia C. Palmer ________________________________________ 178, 1372 HR 68-Compensate William Melvin Kimbrell ________________________________178, 1372
RR 69---Compensate H. G. Sherrod ------------------------------------------------------------ 179

HR 70-Compensate Ben Grace ----------------------------------------------------------------- 179 HR 71-Compensate James Taylor ____________________179, 1778, 1184, 1412, 1601

HR 72-Compensate Jack P. Black -------------------------------------------- ______________ 179

HR 73-Compensate Vinson Lane ---------------------------------------------------------------- 179

HR 74-Compensate Mrs. Laura M.

Walker ---------------------------------------- 179, 650, 793, 819, 821, 897

HR 75-Compensate James W. Gurley _____________________________________________179, 1372

HR 76-Compensate Mrs. S. T. Willis _____________________ ______ ____ .... 179, 1372

HR 77-Compensate F. C. Sturner ______________________ _____

_______________ 180

HR - 78-Compensate Bennie Sims --------------------------------------------------------180, 1177

HR 79-Compensate J. E. Bostick ---------------------------------------------------------------180

HR &0-Compensate Millard Eugene Weaver, Clinton Brock, William

Thomas, Harvey Bishop, Paul Paye and James

Johnson _________________ ----------------------------------- _

-- -- .180, 1371

HR 81-Compensate Mrs. J. W. Law ________ _

--- 180

HR 82-Compensate R. E. Lawson _____

-- - ------- ---- 180, 1372

HR 83-Compensate T. J. Wells _____ _

--------------------------------------- 180

HR 84-Compensate T. J. Wells __

181

INDEX

1895

HR 85-General Assembly-Time and Duration

of Sessions -------------------------------------------196, 289, 293, 811, 814, 1697 HR 86-Glennville, City of; convey certain

land to ---------------------------------------------------------196, 477, 484, 1;94, 796 HR 87-Compensate Donald R. Waters ____________________196, 673, 678, 820, 897

HR 88-General Assembly; Committees.to study Bills in the interim____ 197 HR 89-Macon, City; exchange lands ____________________198, 349, 356, 410, 6(18

HR 90--Jefferson Davis Highway; designate

roads -------------------------------------------------------------198, 349, 356, 411, 633 HR 91-Communists; Committee to investigate _____ 198, 606, 613, 892, 911

HR 92--Compensate Mrs. J. W. Gallenmore and

Judge J. R. Wimberly --------------------------199, 1029, 1032, 1411, 1601

HR 93-Compensate William N. Price ---------------------------------------------------- 199

HR 94-Compensate Wayman Dekle ---------------------"----------------'------------------- 199 HR 95-Compensate Mr. and Mrs. Thomas G. Coppock ____________:___________ 199

HR 9S-,.:Reimburse Chares Buch --------------------------------------------------------------- 199 HR 97-Exemptions from Taxation; homestead exemptions ------'----~"--- 227

HR 98-Compensate Trooper John E.

Moreland --------------------------------------------------227; 1029, 1032, 1102, 1601 HR 99-Turner County; furnish lawbooks to _________________227, 477, 484, 522

HR 100-Towns County; exchange land ___________ 227, 350, 356, 598, 819, 898

HR lOt-Compensate James Taylor and Lamar Shiflett ----------------------- 227

HR 102-Rabun County; exchange lands; Black Rock Mountain State Park -------------~"---------------------227, 397, 407, 545, 736

HR 103-Gordon County; furnish lawbooks to -----"--228, 398, 407, 423, 633 HR 104-County Boards of Education; provide optional

methods for selecting ____________ 228, 347, 356, 426, 1532, 1547, 1617

HR 105-DeKalb County; furnish

lawbooks to --------------------------------------------228, 398, 407, 423, 610, 619 HR 106-Exemptions from Taxation; church property ___ 229, 537, 602, 973
HR 107-Compensate Clyde E. Sinyard ________________ 229, 868, 873, 1194, 1698

HR lOS-Newton County; furnish lawbooks to ________ 229, 398, 407, 423, 633

HR 109-State Highway System; committee to study changes in ____229, 511

HR 110-Game and Fish Laws; Commission to study in six

tidewater counties --------------------------------------- 229, 348, 357, 732, 868 HR 111-Butts County; Indian Springs State Park;

convey property to -------------------------------------229, 511, 519, 574, 840 HR 112-Murray County; Governor to enter into an agreement
regarding certain property _________________________ 252, 511, 519, 653, 840

HR 113-Compensate M. E. Cochran ---"---------

______252, 798, 1578, 1765

HR 114-Haralson County; furnish

lawbooks to . ------------------------------------ ______ 252, 477, 484, 522, 757, 774 HR 115-Haralson County; furnish

lawbooks to -------------------------------------------252, 347, 357, 377, 560, 589 HR 116-Coffee County; levy taxation -------------252, 289, 293, 694, 712, 898

HR 117-Compensate Raymond T. Ray --------------------------------------------- 252, 1372 HR US-Compensate Claude L. Everett ___ 252, 821, 1177, 1184, 1410, 1694

HR 119-Fulton County; furnish

lawbooks to ------------------------------------------------253, 477, 484, 523, 757,773 HR 120-Dougherty County; Chehaw

State Park ------------------------------------------------------ 253, 477, 484, 575, 841

HR 121-Union County; furnish

lawbooks to ---------------------------------------------254, 477, 484, 523, 757, 772

HR 122-Compensate Mrs. Grady B. Campbell ____________________:_____________________________287, 1148, 1151, 1194, 1599

HR 123-Compensate C. A. Burris -------------------287, 650, 673, 819, 841, 898

1896

INDEX

HR 124-Water Conservation; committee

to investigate -----------------------------------------------------------------288, 346, 357

HR 125-Hon. H. L. Layton; extend sympathy------------------------------------------ 319

HR 126--Secretary of State; furnish population lists to members

of House of Representatives ---------------------------------------------------------- 320

HR 127-Lincoln County; designate State Park as "Elijah

Clarke Memorial Park" ------------------------------323, 350, 357, 387, 736 HR 128-Compensate Ed. R. Patton ____________________323, 1029, 1032, 1105, 1600

HR 129-Habersham County; furnish

lawbooks to ----------------------------------------------------344, 477, 484, 523, 757

HR 130-Douglas, City of; merger of

school systems -------------------------------------344, 395, 407, 694, 714, 898 HR 131-Coffee County; election of School Superintendent by
County Board of Education ________________344, 396, 407, 694, 718, 898

HR 132-Franklin County; "Victoria Bryant State

Park," designate --------------

345, 397, 408, 576, 796

HR 133-Allatoona Reservoir; extend term

of lease ----------------------------------------------------------345, 397, 408, 552 HR 134-Polk County; furnish

lawbooks to ----------------------------------------------346, 477, 484, 523, 757

HR 135-Morgan County; furnish

lawbooks to ------------------------------------------369, 477, 484, 523, 757, 772 HR 136--Compensate I. P. Cox _____________________369, 1177, 1184, 1242, 1600

HR 137-State Highway Department; raise minimum

wage scale of certain employees ------------------------------------------------ 370

HR 138-Athens-Clarke County; merge of school systems ________________________________370, 395, 408, 694, 721, 724, 898

HR 139-Taliaferro County; furnish
lawbooks to -----------------------------------------------------370, 453, 511, 573, 840 HR 140-Compensate Mrs. Sara Pickett Guyton --------------------------------------- 395 HR 141-Football Rules Committee; make changes -------------------------------- 395 HR 142-White County; Unicoi State
Park, designate ----------------------------------------------417, 511, 519, 944, 1426 HR 143-Compensate Bobbie Jean Stephens -------------------------------------------- 443 HR 144-Echols County; divide into
school districts --------------------------------------445, 474, 484, 694, 726, 898 HR 145-Compensate Mrs. Addie Lee Ford ___________________________445, 1525, 1530 HR 146--Compensate E. S. M.
Kinney ______________________445, 1029, 1032, 1103, 1700, 1722, 1731, 1735,

1756, 1761 HR 147-Southern and Atlantic Telephone Company; Governor
directed to sell stock ________________________________________________445, 519, 577, 840

HR 148-Macon County; furnish lawbooks to ______________________________________________________445, 477, 485, 524, 771

HR 149-Retirement system for State officials and employees; commission to study ______________________________________446, 511, 519, 569, 840

HR !50-Consolidation of Schools; County Boards of Education; systems of public schools ____ ------------------------- _______470, 557, 562, 701
HR 151-Stream Pollution; committee to investigate ______470, 509, 520, 664

HR !52-Secretary of State; furnish copy of the Georgia Official and Statistical Register to every high school student in State ___________________________________________470, 754, 760, 856

HR 153-Quitman, Brooks County; land for State Farmers Market -----------------------------------------------470, 511, 520, 576, 840
HR 154-Committee to study advisability of passing an Automobile Title Certificate law ---------- ---------------------------- __ . __________470, 755, 760

INDEX

1897

HR 155-Minimum Foundation Program; reporting extravagances in ----------------------------------------------------------~73, 493, 605
HR 156-Bibb County; furnish lawbooks to ----------------------------------------------------_473, 612, 637, 872, 877
HR 157-Dade-Walker Counties; change park name; Sitton's
Gulch State Park ------------------------------------------507, 605, 613, 915, 1136 HR 158-Carroll County; establishment of
State Park ----------------------------------------------------507, 572, 605, 785, 898 HR 159-Crisp County; furnish
lawbooks to ------------------------------------------555, 605, 612, 640, 872, 878 HR 160-Compensate B. M. Boyd _____________________________555, 777, 793, 898
HR 161-Dr. Peter F. Bahnsen; commend------------------- 552 HR 162-Chattooga County; furnish
law books to -------------------------------------------------556, 605, 612, 640, 872 HR 163-State Officials and Employees; furnish free parking
place around State Capitol -------------------------------------------580, 606, 613 HR 164-State Warehouse System; committee to
study need for ---------------------------------------------581, 670, 676, 785, 899 HR 165-Bacon County; furnish
law books to ---------------------------------------600, 670, 676, 762, 1423, 1499 HR 166-Carroll County; furnish
law books to ---------------------------------------602, 755, 760, 800, 1134, 1499 HR 167-General Assembly; provide compensation of Photographer
for pictures of members of House and Senate __________________________622
HR 168-State Literature Commission; clarify
intentions re: HB 247 -----------------------------------627, 671, 676, 785, 899 HR 169-Dublin-Laurens County; merger of
school system -----------------------------628, 695, 753, 1263, 1598, 1667 HR 170-Allocation of sales tax revenue to the Board
of Regents, the State Board of Education and the Teacher Retirement system for educational purposes -----------------------------------628, 674, 678, 913, 971 HR 171-Governors Mansion; committee to study possibilities
of building new --------------------------------------------628, 674, 678, 856, 899 HR 172-State Employees; legal holidays -----------------------------------------628, 694 HR 173-Candler County; furnish
law books to --------------------------------------------------------------628, 755, 760, 800 HR 174-Adlai E. Stevenson; request to address joint session _____664, 796 HR 175-Request Federal Government to eliminate tax
on motor fuel ----------------------------------------------------------------------------664, 796 HR 176-Relieving principal and security on an
appearance bond -----------------------------------668, 1149, 1152, 1411, 1765 HR 177-Secretary of State; request to print and distribute the
Georgia Official and Statistical Register ---------------------------------- 696 HR 178-Advertising of alcoholic beverages; memorializing
the National Congress -------------------------------------------------------696, 797 HR 179-Honorable Alex S. Boone, pay tribute to _____________________________697, 796
HR 180-George-Bearden Act; request full appropriation from members of the Georgia Congressional delegation ____________697, 796
HR 181-Georgia Tech; University of Georgia; thank for
entertainment ------------------------------------------------------------------------------------ 698 HR 182-Chief Morris W. Dean, sympathy to family ______________________699, 796
HR 183-Director, State Department of Veteran Service; ambulance service requested for all counties ------------------------- 699
HR 184-State income tax returns; extension for members
of General Assembly ----------------------------------------------------------------------- 700

1898

IN .DE X

HR 185-Federal Income tax returns; extension for members

of General Assembly

. ... .......... --------- - 700

HR 186--State Revenue Commissioner; tax compromise -----782, 841

HR 187-Congressman Sidney Camp; commend for Services; Air

Force Academy in Spalding County --------------------------786, 841
HR 188-Air Force Academy iii Spalding County; request

support of Congressional Delegation ----------786, 841 HR 189-U. S. Department of Defense; request location of an

Air Force Academy in Spalding County ---------------787, 841

HR 190-Jekyll Island Committee; commend ------------787, 841 HR 191-Congress; memoralize; Interstate Commerce Act ____________________ 788

HR 192-Georgia Workmen's Compensation Act;

Committee to study --------- .. -------------------------789, 832, 891 HR 193-Peace Officers Annuity and Benefit Fund;

committee to investigate ......... ... ------ HR 194--Committee of the House on Training

- 790

Schools; authorize visits ---------790, 833, 843, 892 HR 195-Georgia Education System; Committee

to study ......... -------- -------791, 831, 842, 892, 899 HR 196--Game and Fish; conservation and protection of; committee

to make recommendations ... -----791, 832, 842, 892, 893, 900 HR 197-Ward Matthews and State Highway Board;

thank for services ......... -------------HR 198-University System of Georgia; Committee to study HR 199-Milledgeville State Hospital; Committee

.......... 825 ..... 826

to visit in the interim .... --------- ---- ................. 826 HR 200-Honorable Eugene Cook, Dr. George M. Sparks and

Dr. Henry C. Pepper; commend for services ---------------- 826 HR 201-Compensate Thomas E. Hamilton ______830, 1372, 1378, 1505, 1766
HR 202-Captain W. M. (Buck) Weaver; thanks for services ________860, 899

HR 203-Compensate T. P. Price and wife ------------------------------------ 866

HR 204--Code Commission; create --------------------------867, 1147 HR 205-Compensate Mrs. Olga R. Daniels --------------------867, 1372 HR 206-Stay-Over Resolution; attaches of House ------------------ 877 HR 207-City of Milledgeville; sesquicentennial celebration;
extend invitation to members of the General

Assembly and Governor

-------------- 888

HR 208-Congress; memoralize; Unemployment insurance and

employment service program ____ -------------------------------------------- 888

HR 209-Senator Richard B. Russell and Senator

Milton R. Young; commend for legislation

________889, 899

HR 210-Committee Meetings; committee to study ----------------------------- 890

HR 211-4-H National Winners, commend -------------------------------------------- 890 HR 212-Soil Conservation and Experiment Stations;

committee to inspect ------------- ----------------------------------- 891 HR 213-Governor Herman Talmadge; joint session

to hear address ................... --------------------910, 937, 947 HR 214-Hon. Adlai E. Stevenson; joint session to hear address ____ 911, 937

HR 215-Fishing and Hunting Licenses; non-resident -------------- 932

HR 216--Clayton County Board of

Education ___ ....... ------- 932, 1116, 1126, 1268, 1600

HR 217-Compensate Howard R. Watts . __ 932, 1177, 1184, 1242, 1600

HR 218-Albany-Dougherty County; combining

Governmental functions --------

_____ 932, 963, 970, 1271, 1529

HR 219-State Highway # 102, name Bolden S.

Cobb- Highway --- --- .... ... 933, 1203, 1204, 1410

INDEX

1899

HR HR
HR

220-Compensate family of Curtis Smith -------------------------------------------- 933 221-'-Compensate Trooper L. W.
Boatwright -~--- ---------------------------------------933, 1258, 1372; 1412, 1600 222-Georgia Railroad and Banking Company;
participation by State in stockholders' agreement ___________________________,______________________________1178, 1184, .1231, 1529

HR 223-Compensate Ernest E. Roberson ________933, 1177, 1184; 1633, 1766 HR 22~ompensate Trooper Moses ________________933, 1117, 1184, 1410, 1694

HR 225--Grants for Education ----------------------------------------933, 1000, 1164, 1375

HR 226--Compensate Corporal Crawford



Lee Hitt --------------------------------------------~------934, 1177, 1184, 1411, 1602

HR 227-Glynn County; furnish



law books to __________________________________934, 1028, 1032, 1053, 1482, 1499

HR 228--Limitation of income taxes; request congress to

call a convention ----------------------------------------------------------------------------- 934 HR 229-County Education Taxes _____________,__c _____934, 1019, 1120, 1454, 1766

HR 230-Exemptions from Taxation; county to re-

move the exemption on personal property

and homestead for school purposes ________________934, 1019, 1120, 1457

HR 231-Compensate Roy A. Pert ___________ 934, 1177, 1184, 1411, 1603, 1689

HR 232-Georgia Commission on Education;

create --------------------------------------------------------------------935, 1000, 1163, 1375 HR 233-Compensate Cpl. J. W. Beasley __________935, 1177, 1184, 1411, 1695

HR 234-Compensate N. Aldo Harrison ____________935, 1148, 1151, 1193, 1602

HR 235--Towns County; furnish

law books to ----------------------------------935, 1028, 1032, 1053, 1484 HR 236--First Oil Well; provide for payment _________935, 990, 1000, 1190

HR 237-Waycross and Ware County Development

Authority -------------------------------------- ____________________ 935, 1116, 1278, 1602 HR 238--Waycross school tax __________________________________ 935, 963, 970, 1281, 1602

HR 239-Compensate Mrs. Edna Sheppherd Dorr __________________________936, 1372

HR 240-Exemptions from Taxation; certain fraternity

and sorority residences --------------------------------------------------------936, 1480 HR 241-Ben B. Garland; committee to investigate and

and recommend impeachment of------------------------------------------------- 937 HR 242-Muscogee County-street and sidewalk

improvements ------------------------------------------961, 1115, 1126, 1284, 1529 HR 243-Municipal home rule ____________________961, 990, 1001, 1099, 1660, 1666

HR 244-Gihner County Board of Education ____961, 1115, 1126, 1287, 1602

HR 245-Glynn County; furnish

' law books to _____ ----------------------------- __ 961, 1119, 1126, 1160, 1431

HR 246--Laurens County Board of Education ___ 962, 1201, 1204., 1290, 1602

HR 247-Alexander H. Stephens; authorizing the placing of a

marble bust in the State Capitol ____,___962, 1046, 1147, 1356, 1766

HR 248--Fulton County granted surplus Expressway lands ____ ---------------~-~---------- 962, 1149, 1151, 1292, 1713

HR 249-City of Albany; Cheehaw State Park; confirm deed __,____________________________________962, 1148, 11!}1, 1194, 1426

HR 250-Harris County; sale of land to Ida Cason Calloway Foundation authorized ------------------------ 962, 1028, 1032, 1102, 1431

HR 251-State Board of Workmen's Compensation; 'establish Constitutional Board ________________________________

_____________ 962

HR 252-Rabun County-tax for promotion of industries --------------------------------------------- 963, 115, 1126, 1294, 1599
HR 253-Board of Regents; require law students to successfully pass a course on legal and judicial 'ethics ___ 972, 1022

1900

INDEX

HR 254-State Board of Bar Examiners; require law students to successfully pass a course on legal and judicial ethics ____972, 1022
HR 255-Exemptions from taxation; certain fraternity
and sorority residences ------------------------------------------------------------------988 HR 256-Compensate Mrs. James M. Smith ------------------------------------------ 988 HR 257-Compensate Nliles V. Gilden --------------------------------------------------------- 988 HR 258-Macon-Bibb County Board of
Health --------------------------------------------------988, 1116, 1126, 1297, 1599 HR 259-Elbert County School System ____________988, 1116, 1126, 1305, 1599 HR 260-Nahunta; taxation to promote and encourage the location
of new industries --------------------------------989, 1115, 1126, 1310, 1599 HR 261-Brantley County-tax for promotion of
industries and agriculture ____________________989, 1115, 1127, 1312, 1599
HR 262-Georgia Public Service Commission; W. & A. Railroad __________ 989 HR 263-Compensate Habersham County ---------------------------------------------------- 989 HR 264-Compensate Kenneth Knyff ------------------------------------------------------------ 989 HR 265-Bibb County building
regulations ------------------------------------898, 1174, 1184, 1315, 1699, 1718 HR 266-Hon. C. F. Oxford; extend sympathy to family ------------------------1015 HR 267-Governor and Mrs. Herman E. Talmadge;
thank for barbecue --------------------------------------------------------------------------1016 HR 268-Hon. J. Earl Carter; extend condolence to family __________________1016 HR 269-Constitution Hill, designated ----------------------------------------------1016, 1180 HR 270-Sympathy to the Pickett family ----------------------------------------------------1016 HR 271-Training School for Boys; request Glee Club to
entertain members of House --------------------------------------------------------1017 HR 272-State Treasurer; pay for stenographic services connected
with committee to study the educational system ____________________1017
HR 273-Slum clearance projects --------------------------------1026, 1185, 1507, 1697 HR 274-Haralson County; election of members of the
Board of Education ____________________________1026, 1116, 1127, 1319, 1602
HR 275-Compensate Mr. Henry C. Hill _______ 1026, 1117, 1185, 1412, 1602 HR 276-Compensate Mr. 0. L. Harris ___________ 1027, 1372, 1379, 1633, 1765 HR 277-State Insurance Commissioner;
committee to investigate ____________________1027, 1149, 1151, 1191, 1353
HR 278-Compensate Mrs. Joan Howell Hicks -------------------------------------------------------1048, 1259, 1371, 1409, 1601
HR 279-Compensate Mrs. Gladstone Barber ----------------------------------------------1048, 1259, 1371, 1409, 1601
HR 280-Land conveyance to Sumter County authorized ---------------------------------------------1048, 1177, 1185, 1241, 1484
HR 281-Compensate J. B. Prosser ------------------------------------------------------------1048 HR 282-Superintendent of Banks; report to General Assembly con-
cerning the licensing of loan companies ________________1053, 1248, 1255
HR 283-Fourth Class Post Offices; request continuation in State of Georgia ----------------------------------------------------------------1105, 1141
HR 284-Hon. W. H. Butler; extend sympathy to family ______________________1105 HR 285-Miss Lynda Parker; extend sympathy to family ____________________1106
HR 286-Lincoln County Board of Education -------------,-----------------------------1113, 1175, 1185, 1323, 1601
HR 287-Lincoln County; election of the members of the Board of Education --------------------------------------------1114, 1379, 1547
HR 288-Clayton County-waterworks and sewerage bonds --------------------------------------1114, 1174, 1185, 1326, 1601
HR 289-Bulloch County Board of Education -------------------------------------------------1114, 1174, 1185, 1328, 1601

INDEX

1901

HR 290-Upson County; furnish law books to --------------------------------1114, 1422, 1434, 1491, 1701, 1718
HR 291-Compensate Wilton Banks -------------------------------------------------1114, 1525 HR 292-Georgia State Training School for Boys,
conveyance of lands to Baldwin County Hospital Authority ___________________1114, 1117, 1185, 1236, 1698
HR 293-Exchange of land in Harris County
authorized ------------------------------------------1114, 1177, 1185, 1237, 1484 HR 294-Compensate Louis Palmer ________________1115, 1372, 1379, 1470, 1695 HR 295-Rules of Practice and Procedure _1121, 1190, 1369, 1469, 1765 HR 296-Hon. Ernest Haar; express sympathy to family -------------------------HR 297-Georgia Waterways Commission; create _____________________1129, 1180
HR 298-Compensate Robert R. Green ---------------------------------------------1143, 1371 HR 299-State Board of Education, State School
Superintendents; one member from each congressional district _______________________1143, 1189, 1194, 1633
HR 300-Richmond County-License and regulation of businesses _____________________________1143, 1174, 1185, 1331, 1699, 1719
HR 301-Milledgeville State Hospital Supt.; payment of costs to Sheriff and Clerk of Superior
Court of Baldwin County ------------------------------------------------------1143 HR 302-Thomas County school system ____________1171, 1218, 1368, 1547, 1714 HR 303-Calhoun County; divide into five
school districts --------------------------------------------1117, 1218, 1249, 1334 HR 304-Coffee. County school system __________1171, 1200, 1204, 1337, 1697 HR 305-Coffee County; provide for
self-government -----------------------------------------------1174, 1201, 1205, 1339 HR 306-Standing and Special Committees; provide for
eligibility of members --------------------------------------------------------------------1199 HR 307-Compensate Rev. Graham
Oglesby ----------------------------------------------------1200, 1371, 1379, 1517, 1766 HR 308-Bibb County-Legislative powers,
traffic and police -------------------------------1200, 1383, 1419, 1554, 1697 HR 309-Juvenile Delinquency and Training School
System; appoint a joint committee
to study ---------------------------------------1200, 1481, 1489, 1586, 1593, 1724 HR 310-Georgia Public Service Commission; rates; Georgia
Power and Light Company __________________________1245, 1384, 1422, 1627
HR 311-Exemption from taxation; ad valorem tax on dwellings, etc. ____1245 HR 312-Chatham County-school tax ____________1246, 1522, 1531, 1638, 1714 HR 313-Compensate Mrs. Lillian Dobbs ________1246, 1372, 1379, 1470, 1695 HR 314-Loyalty Day established --------------------1246, 1383, 1423, 1518, 1766 HR 315-Stewart County school
system ------------------------------------------------------1246, 1368, 1379, 1561, 1714 HR 316-Red and Black; request resignation of editorial
staff; Univ. of Georgia ---------------------------------------------------------------1242 HR 317-Bartow County Board of
Education -----------------------------------------------1247, 1383, 1419, 1564, 1697 HR 318-American Turpentine Farmers Association
Co-operative --------------------------------------------------------------------------------------1260 HR 319-Compensate Mr. Sanky Booth ___________1363, 1479, 1489, 1627, 1766
HR 320-Gwinnett County-water, sanitation, sewerage and fire protection authority ------------------------------1364, 1419, 1434, 1568, 1697
HR 321-Compensate Robert H. Green ________________________1364, 1643, 1644, 1760
HR 322-DeKalb County education tax ___________1364, 1419, 1434, 1571, 1697
HR 323-Compensate M. Lamar Jamerson ____________________________1364, 1448, 1525

1902

INDEX

HR 324-Compensate Dr. L. C. Lindsley ------------------------------------------1364, 1525 HR 325-Compensate W. H. Mott ______________________1364, 1422, 1434, 1515, 1765 HR 326-Prices of agricultural products-
memorial to Congress _________________________ 1364, 1420, 1434, 1472, 1529

HR 327-State employees; time off for certain legal holidays ____1353, 1650 HR 328-Colonel Blake Van Leer and Hon. M. M. Muggsy
Smith; thank for hospitality _____________________________________________1354, -1426

HR 329-Wayne County, furnish

law books to --------------------------------1366, 1422, 1435, 1493, 1732, 1752 HR 330-Bonded debt of State of Georgia;
maintenance of Highway __________________________________________1366, 1419, 1435

HR 331-Compensate Mrs. Hilda

Fennell --------------------------------------------------1367, 1524, 1531, 1627, 1765 HR 332-Compensate George W. Bird, Jr. _____ 1367, 1495, 1524; 1626, 1766
HR 333-Hon. Alfred H. Holbrook, founder and organizer of the Georgia Museum of Art at the University of

Georgia; commend ----------------------------------------------------------------------------1414 HR 334-Hon. J. Weldon Williams; extend sympathy ____________________1414, 1487
HR 335-Atlanta Enterprises, Inc., thank for passes ---------------------------1415 HR 336-Kellogg Foundation; grant .of funds to
University System -------------"---------------------------- __________,________1415, 1487

HR 337-Governor Herman E. Talmadge; thank for preserving and restoring paintings in State Capitol _________________________________1417
HR 338-March- of Dimes _________________________________________,____________________________1454, 1529 HR 339___.,.,1nsurance Commissioner; continue investigation
authorized under HR 177 _________________________________,__________________1419, 1596

HR 340--'.Municipal taxation--committee to study _______________,___________________1477 HR 341-Miss Neva Jane Langley; designate as "The Sweetheart

of the Georgia House of Representatives" --------------------------------1520 HR 342-Hon. John B. Harris, Jr., extend sympathy to ________________________1638 HR 343-Hon. J. J. Brown; extend sympathy to family of ____________________1658
HR 344-State Treasurer; authorized to pay expenses incurred

in investigation called for in HR 241 --------------------------------------------------HR 345-Judge A. B. Conger; wish speedy recovery -------------------------------1676 HR 346-Station WAGA-TV, Mrs. Marguerite Ewing Schott,
and others; thank for programs _______________________________________________1677

HR 347-United States Soil Conservation Service commended _____1678, 1767 HR 348-Ward Matthews and State Highway Board;

thank for services ---------------------------------------------------------------------------1679 HR 349-Sheriff Owens of Henry County and others; thank

for dinner _______________________ --------------------------------------------------------------1680
HR 350-Mr. George Trautman; praise ----------------------------------------------------1680 HR 351-Areas of Chronic unemployment; urge to aid Departments
and officers of State Government _____________________________________________1681

HR 352-State Agricultural Building; name "The Herman

Talmadge Agricultural Building" --------------------------------------1681, 1767

HR 353-Veterans Administration Hospitals-admission ____________1681, 1767

HR 354-Southern Bell Telephone and Telegraph Co.;

thank for services

---------------------------------------------- ___________1682

HR 355-Designate Toll Road when constructed

"Floyd S. Tumlin Memorial Highway" ______________________

HR 356-Attorney General and Bill Drafting Unit; thank for services ________ ______________________________ ____ __________

_________1682

HR 357-Tobacco specialists authorized --------------------------------------------1683, 1767 HR 358-Stay-Over Resolution; attaches of the House ____________________________1683

HR 359-Small Loan Business--committee to investigate ____________1720, 1768

INDEX

1903

HR .360-Georgia Educational System; committee to study__________1722 HR 361-Teachers Retirement System-Committee to study _____________1723
HR 362-Production and Distribution of Milk and Milk
Products; committee to study -------------------------------------------------------1724 HR 363-Mrs. Nellie M. Stocks; honor --------------------------------------------------------1724 HR 364-Air National Guard of Georgia; extend condolence to
families of men who lost their lives in line of duty _______________ 1757 HR 365-Hon. John Hanson Thomas McPherson; extend
sympathy to family ____________ ______________________ __________ ___________________1757
HR 366-Hon. W. H. Kimsey; extend sympathy to family ____________________1757
HR 367-Committee to investigate provisions under Senate Resolution 86 ------------------------------------ ___________________________________1758
HR 368--"Hell's Cauldron", written by Thomas Wilkes;
investigate charges -------------------------------------------------------------------no num. HR 369-Milledgeville State Hospital; Sub-Committee of the
State Sanitarium Committee to study ----------------------------------------1758 HR 370-Advisory Board on Compensation Resolutions;
thank for services ___ ------------------------------------------------------------------------1759 HR 371-Hon. Howell Hollis, Hon. Hoke Smith and
Hon. Ebb Duncan; thank for services in connection with HB 128, Uniform Traffic Code _____________________1759
HR 372-Adjournment, sine die ----------------------------------------------------------------1759 HR 373-Stay-Over Resolution (amendment) --------------------------------------------1759 HR 374-Hon. M. E. Groover; extend sympathy to family ____________________1760

Part IV

SENATE RESOLUTIONS IN HOUSE

SR 1-Notify House, Senate organized and election of officers _______ 24

SR 2-Notify Governor, General Assembly convened _______________24, 25, 26

SR 5-Canvassing and publishing election returns _________________________ 24

SR 8-Talbot County, Law books to ____________________152, 169, 477, 485, 522

SR 11-Harris County land conveyance __________________ 255, 274, 511, 521, 825

SR 13-Taxes, limitation of Federal --------------------------- ______________654, 690, 810

SR 17-Belcher, Nina B., compensate

_____ 795, 808, 846, 868, 884

SR 20-Baker County, to provide division into school districts ______________________________ . 352, 358, 446, 450, 694, 729

SB 21-Thornton, Ella Mae, named State Librarian ____ 201, 477, 485, 652

SR 23-Fireman's pension, taxation _ _________ 797, 809, 990, 1001, 1716

SR 25-Highways, erosion of, prevented by

Highway Department ----------------------------- _____582, 588, 831, 842, 892

SR 27-Fulton County, road work in certain incorporated areas _______________________ 797, 809, 832, 842, 1342, 1483

SR 29-Kent, Emory R., compensate ______________________ 795, 808, 847, 867, 1883

SR 30-Taxes, delinquent, Commissioner requested to furnish list -------------------- _____________ _______________ _________ __________________632, 646

SR 31-Motor Vehicles, auto registration, committee

to study -----------------------------------------------------------_4 79, 492, 755, 760, 852

1904
SR SR SR SR SR
SR
SR SR
SR
SR
SR
SR
SR
SR SR SR
SR
SR SR
SR SR
SR
SR SR SR SR SR
SR

INDEX
32--Cook County, lawbooks to __________________________609, 619, 755, 761, 800 34--Atlanta, to amend charter by governing body _____________797, 809
35-Sumter County, Land conveyance -------------------------1386, 1481, 1657 36--Georgia Code, revised titles ________736, 770, 1147, 1152, 1691, 1731 38-Sales Tax, committee to study industrial
materials ------------------------------------------------------632, 646, 810, 834, 891 40-Floyd, Charles S. to designate
highway ---------------------------------------------------------------------797, 809, 832, 843 43-Federal Regulation of Utilities, memorialize Congress _____797, 827 65-Confederate Soldiers Home transferred to
Military Department ----------------------------1251, 1260, 1481, 1491, 1689 66--Stevenson, Adlai E., invitation to address
Senate --------------------------------------------------------------------971, 1614, 971, 1014 68-Democratic Executive Committee, invitation to
hear Stevenson --------------------------------------------------------------971, 1014, 1132 69-0kefenokee National Wild Life Refuge, negotiations
for State Park ______________________________________1020, 1041, 1371, 1379, 1650
70-Fulton County, Homestead Exemption, School Taxes ------------------------------------------1179, 1191, 1200, 1205, 1346
71-Fulton County, Board of Education incur debts ---------------------------------------------1180, 1191, 1200, 1205, 1348
74--Newton County, land conveyance ______ 1136, 1162, 1177, 1186, 1648 75-Georgia Clinic for Alcoholics, committee to inspect ________994, 1014 76--Baldwin County, transfer of property to
Department of Defense _______________________1252, 1260, 1481, 1491, 1672
77-Western and Atlantic Railroad, facilities expansion ______________________________1141, 1162, 1251, 1256, 1648
78-Candler County, Lawbooks to ____________1374, 1386, 1422, 1435, 1414 SO-Legislative Council, committee
to study -------------------------------------------------1135, 1162, 1251, 1256, 1666 85-Cherokee County, school system ________1425, 1451, 1478, 1491, 1573 86--Board of Regents, committee to investigate
financial status -------------------------------------1136, 1162, 1178, 1186, 1193 87-Atlanta, police court try traffic
cases ________________________________________________________1425, 1451, 1478, 1491, 1547 88-Atlanta, operate Transit System ____________________________1484, 1497, 1668 92--McDuffie County, Lawbooks to __________________________________________1425, 1451
93-Atlanta, obligation in event of county school merger ____1599, 1616 94--Russell, Richard B. Honorable, portrait ______________________1374, 1409
96--Stewart County, Board of Education -----------------------------------------------1527, 1545, 1594, 1604, 1702
99-Science center, University of Georgia, to promote ----------------------------------------------1488, 1497, 1526, 1532, 1632