JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January lOth, 1955 and adjourned February 18th, 1955
1955 LONGINO & PORTER, INC.
HAPEVILLE, GA.
OFFICERS
OF THE
HOUSE OF REPRESENTATIVES 1955-1956
MARVIN E. MOATE_____ ___ ____ __ _ __ __ ______________Speaker
HANCOCK COUNTY
HAROLD S. WILLINGHAM _______________________ Speaker Pro Tern
COBB COUNTY
JOE BOONE --------------------------- ___________________________________________________ Clerk
WILKINSON COUNTY
JACK GREEN __________________________________________________ Asst. Clerk
RABUN COUNTY
JANETTE HIRSCH _______
__ ______________________ Asst. Clerk
FULTON COUNTY
TRAVIS STEWART________ ____ __ _ _________________________Reading Clerk
FULTON COUNTY
BRETT BACON______________________ _________________________ Calendar Clerk
WILKINSON COUNTY
MARION TOMS________________________________________________________________ Doorkeeper
QUITMAN COUNTY
MARVIN BRAZEAL____________________________________________________________ Messenger
TERRELL COUNTY
j j j j j j j j j j j j j j j j j j
HOUSE JOURNAL
REGULAR SESSION
Representative Hall, Atlanta, Georgia. Monday, January 10, 1955.
The Representatives-elect of the General Assembly of Georgia for the years 1955-1956 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.
Prayer was offered by the Gentleman from Tift, Mr. Bodenhamer. The following communication from Honorable Ben W. Fortson, Jr., Secretary of State, certifying the Representatives-elect for the years 1955-1956, was received and read:
DEPARTMENT OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia January 6, 1955
Honorable Joe Boone 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 2, 1954, to represent the various counties in the General Assembly for the years 1955 and 1956, as the same appear from the consolidation of returns of said election which are of file in this office.
Very truly yours,
Ben W. Fortson, Jr. Secretary of State
BWF-dh enclosures
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 names of the Members of the Georgia House of Representatives elected in the general election held the second day of November, 1954, 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 Representative elected.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this sixth day of January, in the year of our Lord One Thousand Nine Hundred and Fifty-five, and of the Independence of the United States of America the One Hundred and Seventy-ninth.
(Seal)
Ben W. Fortson, Jr., Secretary of State.
MONDAY, JANUARY 10, 1955
7
REPRESENTATIVES GENERAL ASSEMBLY ELECTED IN GENERAL ELECTION NOVEMBER 2, 1954.
COUNTY
NAME
Appling__________________ ------------------ _______________________________________________w. C. "Bill" Parker
Atkinson_____________
________________________________________ waldo Henderson
Bacon________________________________________________________________________________________ Braswell Deen, Jr.
Baker__________________________________________________________________________________________L, Cotton
Baldwin____________________________________________________________________________________J oseph B. Duke
Baldwin_____________________________________________________________________________________w. C. Massee Banks__________________________________________________________________________________________Tom Martin
Barrow_____________________________________________________________________________________Robert L. Russell, Jr.
Bartow__ ------------------------------------------------ __________________________________ D. Vann Underwood Bartow_____________________________________________________________________________________ Troy Upshaw
Ben HilL________________________________________________________________________________ Argin A. Boggus, Sr.
Berrien. ---------------------------- _______________________________________________________R. S. English, Jr. Bibb _________________________________________________________________________________________ J. Douglas Carlisle
~ibb___________________________________________________________________________________________Denmark Groover, Jr.
Bibb ____________________________________________________________________________________________.Andrew W. McKenna
Bleckley_____________________________________________________________________________________Ben Jessup
Brantley_____________________________________________________________________________________William B. Harris
Brooks______________________________________________________________________________________John E. Sheffield, Jr.
Bryan_________________________________________________________________________________________W. Roscoff Deal
Bulloch ____________________________________________________________________________________Francis W. Allen
Bulloch_________________________________________________________________________________Wiley B. Fordham
Burke__________________________________________________________________________________________Frank M. Cates
Burke__________________________________________________________________________________________T. Watson Mobley
Butts___________________________________________________________________________________________B. Harvey Hodges
Calhoun ___________________________________________________________________________________J. M. Cowart Camden______________________________________________________________________________________John D. Odom
Candler______________________________________________________________________________________ William L. (Bill) Lanier Carroll ________________________________________________________________________________________J. Ebb Duncan
Carroll________________________________________________________________________________________C. C. Perkins
Catoosa_____________________________________________________________________________________ John W. Love, Jr. Charlton _____________________________________________________________________________________H. Ben Rodgers
Chatham ___________________________________________________________________________________ FrankS. Cheatham, Jr. Chatham _________________________________________________________________________________ Edgar P. Eyler
Chatham ___________________________________________________________________________________ John W. Sognier
Chattahoochee___________________________________________________________________________J oe N. King
Chattooga__________________________________________________________________________________James H. Floyd
Chattooga________________________________________________________________________________ Paul B. Weems
Cherokee ___________________________________________________________________________________ Dr. Grady N. Coker
Clarke --------------------------------------------------- ____________________________________Chappelle Matthews Clarke_________________________________________________________________________________________Robert G. Stephens, Jr. Clay________________________________________________________________________________E. M. Davis
Clayton_______________________________________________________________________________________Edgar Blalock
Clayton_________________________________________________________________________________E. Alvin Foster
Clinch_________________________________________________________________________________________Downing Musgrove Cobb__________________________________________________________________________________________ Fred D. Bentley
Cobb ___________________________________________________________________________________________ Raymond M. Reed
Cobb___________________________________________________________________________________________ Harold S. Willingham Coffee_________________________________________________________________________________________Dewey Hayes
Coffee________________________________________________________________________________________ Andrew J. Tanner Colquitt______________________________________________________________________________________ Leo T. Barher
10
JOURNAL OF THE HOUSE,
COUNTY
NAME
Rockdale____________________________________________________________________________________ Eli M. Walker Schley_________________________________________________________________________________________B. E. Pelham Screven________________ ______________________________________________________________W. Colbert Hawkins Seminole____________________________________________________________________________________R. E. Wheeler
Spalding___________ _________________________________________________________________Arthur K. Bolton Spalding______________________ ____ ___________________________________________________Frank P. Lindsey, Jr. Stephens_____________________________________________________________________________________Ben T. Wiggins
Stewart__________________________________________ ------------------------------------------Sam S. Singer Sumter______________________ ____________________________________________________________Thad M. Jones
Sumter________________________________________________________________________________________Jack Murr
Talbot_____________________
________________________________________________________H. Chris Callier
Taliaferro____________________ -------------------------------------------------------------Wales T. Flynt
TattnalL____________________ _____
------------------------------------------------Tom Kennedy
Taylor______________________________________________________________________________________Hugh G. Cheek
Telfair______________ ----------------------------------
___________________________Cecil E. Brown
TerrelL_______________ ------------------------------------------ ______________________Steve M. Cocke Thomas______________________________________________________________________________________ Robt. E. Chastain
Thomas_____________ ________ _____________ __________ ___________________ ________________0. S. Willis
Tift_____________________________________________________________________________________________ Wm. T. Bodenhamer
Tift_____________________________________________________________________________________________ Howard Fowler
Toombs_______________________________________________________________________________________M. Ortez Strickland
Towns________________________ ------------------------------- _______________________________Montgomery Wilson
Treutlen_________ _ ------------------------------------------------------------ __ _______ Hugh Gillis Troup__________________________________________________________________________________________Frank G. Birdsong
Troup__________________________________________________________________________________________C. 0. Lam
Turner________________________________________________________________________________________T. E. Kennedy, Jr.
Twiggs --------------------------------------------------------------------------------------Claude S. Kitchens Union __________________________________________________________________________________________Jack G. Tarpley Upson_________________________________________________________________________________________ L. A. Mallory, Jr.
Upson --------------------------------------------------------- ______________________________Johnnie L. Caldwell Walker_______________________________________________________________________________________ Robert E. Coker
Walker--------------------------------------------------------------------------------------- Albert Campbell W alton _______________________________________________________________________________________ J ohn Lee Phillips W are___________________________________________________________________________________________W. A. Frier Ware___________________________________________________________________________________________Cleve Mincy Warren______________________________________________________________________________________ Jack B. Ray Washington_______________________________________________________________________________ Harvey Roughton
Wayne ------------------------------------------------------------------------------ _________ Robert L. Harrison
WWehbesteerl-e--r-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_Jc..
Lucius Black M. Jordan, Jr.
White _________________________________________________________________________________________ Franklin F. Truelove
Whitfield ________________________________ ------------------------------ ___________________ Harlan Houston
Whitfield _________________________________ -------------------------------- ________________ Harvey G. King, Jr. Wilcox________________________________________________________________________________________ D. E. Turk
Wilkes_________________________________________________________________________________________H. G. Garrard
Wilkinson___________________________________________________________________________________A. T. Land
Worth _________________________________________________________________________________________ David C. Jones
MONDAY, JANUARY 10, 1955
11
Blue Ridge, Georgia Nov. 3, 1954
Honorable Ben W. Fortson, Jr., Secretary of State, State Capitol, Atlanta, Ga.
Dear Mr. Fortson:
I wish to advise you that I have filed a contest in the alleged election of Mr. Reid Mull as Representative from Fannin County with Governor Talmadge, and respectfully request you to show in any printed list of the 1955-1956 members of House that this election of Mr. Mull is contested.
Thanking you and with best wishes, I am
Sincerely yours, Stanley Daves (s) Stanley Daves Democratic Nominee
EXHIBIT "B"
State and County Officers
CONSOLIDATED RETURNS
STATE OF GEORGIA, Fannin County.
We, the undersigned, a majority of the Superintendents at the Court House, and the Superintendent from each voting place of an election held in the County of Fannin on the 2nd day of November, 1954, for State and County Officers, do certify, that we have met and consolidated the returns of the other voting places, with the Court House returns, and that the following is the result:
DEMOCRATIC PARTYFor Associate Justice of the Supreme Court:
J. H. HAWKINS For Associate Justice of the Supreme Court: (Unexpired term of W. Y. Atkinson expiring Dec.
31, 1954 to succeed Carlton Mobley) CARLTON MOBLEY For Associate Justice of the Supreme Court: CARLTON MOBLEY For Judge, Court of Appeals: JULE W. FELTON For Judge, Court of Appeals: (Unexpired term of I. Homer Sutton, expiring
Dec. 31, 1958) H. E. NICHOLS For Judge, Court of Appeals: (Unexpired term of Charles W. Worrill, expiring
Dec. 31, 1956) JOSEPH D. QUILLIAN For Judge, Court of Appeals: J. M. C. TOWNSEND
Received ~~~~ 965~~~~Votes
Received ~~~~ 965~~~~Votes Received ~~~~ 965~~~~Votes Received ~~~~ 965~~~~Votes
Received ~~~~ 965 ~ ~Votes
Received ~~~~ 965~~~~Votes Received ~~~~ 965~~~~Votes
12
JOURNAL OF THE HOUSE,
For Judge Superior Court Atlanta Judicial Circuit: VIRLYN B. MOORE
For Judge Superior Court Atlanta Judicial Circuit: CLAUDE D. SHAW
For Judge Superior Court Atlanta Judicial Circuit: JESSE M. WOOD
For Judge Superior Court Atlantic Judicial Circuit: MEL PRICE
For Judge Superior Court Augusta Judicial Circuit: GROVER C. ANDERSON
For Judge Superior Court Brunswick Judicial Circuit:
DOUGLAS F. THOMAS For Judge Superior Court Cordele Judicial Circuit:
0. WENDELL HORNE, JR. For Judge Superior Court Eastern Judicial Circuit:
EDWIN A. McWHORTER For Judge Superior Court Flint Judicial Circuit:
THOMAS J. BROWN, JR. For Judge Superior Court Griffin Judicial Circuit:
JOHN H. McGEHEE For Judge Superior Court Lookout Mountain
Judicial Circuit: JOHN W. DAVIS For Judge Superior Court Macon Judicial Circuit: A.M. ANDERSON For Judge Superior Court Macon Judicial Circuit: OSCAR L. LONG For Judge Superior Court Northeastern Judicial
Circuit: G. FRED KELLEY For Judge Superior Court Middle Judicial Circuit: ROBERT H. HUMPHREY For Judge Superior Court Ocmulgee Judicial
Circuit: GEORGE S. CARPENTER
For Judge Superior Court Pataula Judicial Circuit: WALTER I. GEER
For Judge Superior Court Piedmont Circuit: (Unexpired term of J. Clifford Pratt, expiring
Dec. 31, 1956) JOHN C. HOUSTON For Judge Superior Court Rome Judicial Circuit: MACK G. HICKS
For Judge Superior Court Stone Mountain Judicial Circuit:
CLARENCE R. VAUGHN
For Judge Superior Court Southern Judicial Circuit: GEORGE R. LILLY
For Judge Superior Court Tallapoosa Judicial Circuit:
W. A. FOSTER, JR.
For Judge Superior Court Waycross Judicial Circuit:
WALTER THOMAS
Received ____ 965 ____Votes Received ___ 965 ___Votes Received ____ 965 __Votes Received ____ 965 ___Votes Received ____ 965____Votes
Received ____ 965____Votes Received ____ 965 __ Votes Received ____ 965 ____Votes Received ____ 965____Votes Received ____ 965____Votes
Received ____ 965____Votes Received ____ 965____Votes Received ____ 965____Votes
Received ____ 965____Votes Received ____ 965____Votes
Received ____ 965____Votes Received ____ 965____Votes
Received ____ 965____Votes Received ____ 965____Votes
Received ____ 965____Votes
Received ____ 965____Votes
Received ____ 965____Votes
Received ____ 965____Votes
MONDAY, JANUARY 10, 1955
13
For Judge Superior Court Western Circuit: CARLISLE COBB
For Solicitor General Atlantic Circuit: BRUCE D. DUBBERLY
For Solicitor General Cordele Circuit: HARVEY L. JAY
For Solicitor General Flint Circuit: (Unexpired term of Ben B. Garland, expiring
Dec. 31, 1956) HUGH DORSEY SOSEBEE For Solicitor General Northeastern Circuit JEFF C. WAYNE For Solicitor General Tallapoosa Circuit ROBERT J. NOLAND For Solicitor General Waycross Circuit: J. R. WALKER For Judge~-------------------~-------------------------~--~~~~~ City Court:
For Solicitor-------------------------------------------~~--~ City Court :
For Judge ------------------~------------------------------County Court :
For Solicitor----------------------------------------------County Court :
For State Senator from~-------------------------~-~-----~ District:
For Representative General Assembly: STANLEY DAVES
For Ordinary:
For Clerk Superior Court:
For Sheriff:
For Tax Receiver:
For Tax Collector:
For Tax Commissioner:
For Treasurer:
For Surveyor:
For Coroner:
For County Superintendent of Schools:
For County Attorney:
For County Commissioners:
Received -~~~ 965 ~ Votes Received ---~ 965~~~~Votes Received -~-~ 965~--~Votes
Received ____ 965 --~Votes Received ____ 965~~- Votes Received ____ 965 __ Votes Received ____ 965 _~Votes Received ---~~~--~ ~~~-~~Votes Received ---~~~-~-~~- __Votes Received --~--~~~-~~- ___Votes Received --~-~~~~~~~~~~~~Votes Received ____ -~~~~~- ~~~Votes
Received ---~ 854 ~-Votes Received ------~-~--~----Votes Received --~-~~~~~----~--Votes Received -----~-~- -~----Votes Received -------~-~-~--~-Votes Received ---~-~-~~~-~--~Votes Received --------~-------Votes Received ___________ ---~Votes Received _____________ ~~Votes Received ________________Votes Received --------~-------Votes Received -----~----------Votes Received ----------------Votes Received ________________Votes
Received ----------------Votes Received ---------~------Votes
14
JOURNAL OF THE HOUSE,
For Any Other County Officers:
REPUBLICAN PARTYFor State Senator 41st Dist.
CHARLES E. (DINK) WATERS For Representative General Assembly:
REID MULL For Fannin County Board of Education:
DORSEY COCHRAN CARL HALL
Received ________________Votes Received ________________Votes
Received ________________Votes Received ________________Votes
Received __ 1716____Votes
Received __ 1732 Votes
Received __ 1718 ____Votes Received __ 1718____Votes
Which will fully appear by reference to the enclosed list of voters, precinct returns and Tally Sheets.
Given under our hands and official signatures this 3rd day of November, 1954.
H. Jones Price Vann Andrew Jones Bobby Wood Britt Wilson A. L. Bruce J. G. Tipton Luther Talley Robert T. Dehart Paul Bridges U. M. Milsap J. V. Beane, J. P. K. T. Ferguson, N. P. Almon Spark
Superintendents
DIRECTIONS
ONE OF THESE RETURNS MUST BE MAILED TO THE SECRETARY OF STATE, ATLANTA, GEORGIA, AND THE OTHER FILED WITH CLERK OF SUPERIOR COURT.
16
JOURNAL OF THE HOUSE,
Harris Harrison of Jeff Davis Harrison of Wayne Ha,wkins Hayes Henderson Hodges Hogan Holley Houston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long Love Lowe Mackay Mallory
Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Moate Mobley Moore Moorman Murphey of Crawford Murphy of Haralson
Murr Musgrove Nightingale Nilan Odom Palmer Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray
Reed Register Rodgers Roughton Rowland Ruark
Russell Rutland Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin
Tanner Tarpley Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw
Veal Walker Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young
The oath of office was administered to the Representatives-elect by Judge Jule W. Felton of the Court of Appeals of Georgia.
The next order of business being the election of a Speaker of the House for the ensuing term of two years, Mr. Sheffield of Brooks placed in nomination the name of Honorable Marvin E. Moate of Hancock, which nomination was seconded by Messrs. Groover of Bibb, Harrison of Wayne, and Odom of Camden.
Mr. Jones of Worth moved that the nominations be closed, and the motion prevailed.
MONDAY, JANUARY 10, 1955
17
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Allen Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Cates Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Davis Deal Deen Denmark Denson Dozier Drinkard Duke Duncan Edenfield Elder English Eyler
Fain Floyd Flynt
Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harris Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hodges Hogan Holley Houston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley
Kennedy of Turner Kennedy of Tattnall Key Kilgore
Killian King of Whitfield
King of Chattahoochee King of Pike Kitchens
Lam Land Lanier Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Peacock Pelham Perkins Peters Pettey
Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray
Reed Register
Rodgers
Roughton Rowland
18
JOURNAL OF THE HOUSE,
Ruark Russell Rutland Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter
Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery
Upshaw Veal Walker Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young
Upon consolidating the votes cast, it was found that Honorable Marvin E. Moate of Hancock had received 198 votes, being the entire number of votes cast.
Hon. Marvin E. Moate of Hancock was declared elected Speaker of the House for the ensuing term of two years.
The Chair appointed as a Committee of Escort to escort the Speaker to the Speaker's stand:
Messrs. Sheffield of Brooks, Groover of Bibb, Harrison of Wayne, Odom of Camden, 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 County, which nomination was seconded by Messrs. Lokey of Fulton and Land of Wilkinson.
Mr. Lavender of Elbert 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.:
Adams Allen Ayers Bagby Barber of Colquitt
Barber of Jackson Baughman Bentley Birdsong Black Blackburn
Blalock Bloodworth Bodenhamer Boggus Bolton
Brannen Brown Caldwell Callier Campbell Carlisle
Cason Cates Chambers Cheatham
Cheek
Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius
MONDAY, JANUARY 10, 1955
19
Cotton Cowart Coxwell Davis Deal Deen Denmark Denson Dozier Drinkard Duke Duncan Edenfield Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harris Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes
Henderson Hodges Hogan Holley Houston Hudson Hurst lvey
Jackson Jessup Johnson of Jenkins Johnson of Gilmer
Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Peacock Pelham Perkins Peters Pettey Phillips of Columbia
Phillips of Walton Pickard Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Ruark Russell Rutland Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley
Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker
20
JOURNAL OF THE HOUSE,
Those not voting were Messrs. Chastain, Hendrix, Huddleston, Parker, and Watson.
Upon consolidating the votes cast, it was found that Honorable Joe Boone had received 199 votes, being the entire number of votes cast.
Honorable Joe Boone of Wilkinson was declared elected Clerk of the House of Representatives for the ensuing term of two years.
The Speaker appointed the following Committee to escort the Clerk to the Clerk's stand:
Messrs. Boggus of Ben Hill, Roughton of Washington and Land of Wilkinson.
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. Groover of Bibb:
A RESOLUTION
BE IT RESOLVED by the House of Representatives that the Clerk of the House be instructed to notify the Senate that the House has organized by the election of Hon. MARVIN E. MOATE, of Hancock County, as Speaker, and JOE BOONE, as Clerk, and is now ready for the transaction of business.
HR 2. By Mr. Groover of Bibb:
A RESOLUTION
BE IT RESOLVED by the House of Representatives, the Senate concurring, that a committee of five, three to be named by the Speaker of the House, and two by the President of the Senate, be appointed to notify His Excellency, The Governor, that the General Assembly has convened in regular session and is ready for the transaction of business.
Under the provisions of HR 2, the Speaker appointed the following as a Committee on the part of the House:
Messrs. Callier of Talbot, Stevens of Marion, and Land of Wilkinson.
HR 3. By Mr. Groover of Bibb:
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 not to
MONDAY, JANUARY 10, 1955
21
exceed the same per diem as is paid to the members of the General Assembly.
"SECOND. That the Speaker of the House of Representatives be authorized to appoint four assistants to the Speaker and three secretaries to be paid the same as the members of the General Assembly. That the Speaker be authorized to appoint assistant messengers, assistant doorkeepers and gallery keepers as not to exceed $8.00 per diem, and pages at $3.00 per diem.
"THIRD. That the Clerk be authorized to appoint the following employees of the House at the compensation herein provided: six porters at $4.00 per diem; 5 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 distribution to the House; two assistants to the Clerk to be paid the same as the members of the General Assembly; two Multility 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.
"FIFTH. That in addition to all other compensations and allowances heretofore allowed by law the Speaker be authorized an allowance of $20.00 per diem during the sessions of the General Assembly to cover any other incidental expenses of the Speaker not otherwise covered by the provisions of the General Appropriations now in force and effect."
HR 4. By Mr. Groover of Bibb:
A RESOLUTION
BE IT RESOLVED by the House of Representatives that the rules of the 1953-54 session be adopted as the rules of the House for the 1955-56 Sessions.
HR 5. By Mr. Groover of Bibb:
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 10:00 o'clock A. M. on January 11, 1955 for the purpose of canvassing and publishing the election returns and declaring results thereof for Governor, Lieutenant Governor and all State House officers.
BE IT FURTHER RESOLVED that the Speaker of the House appoint three tellers and the President of the Senate appoint two tellers for the purpose of canvassing the votes for Governor, Lieutenant Governor, and all other State House officers, and which tellers will submit their report to the joint session of the General Assembly."
22
JOURNAL OF THE HOUSE,
Under the provisions of HR 5, the Speaker appointed as Tellers on the part of the House, the following:
Messrs. Groover of Bibb, Willingham of Cobb, and Sheffield of Brooks.
HR 6. By Mr. Groover of Bibb:
A RESOLUTION
BE IT RESOLVED by the House, the Senate concurring, that a joint committee of seven from the House and four from the Senate to be appointed by the presiding officers of the said House and Senate respectively to confer with the present Governor and Lieutenant Governor, and with the Governor-Elect and the Lieutenant Governor-Elect, to arrange for the inauguration of the Governor-Elect Marvin Griffin, and the Lieutenant Governor-Elect, Ernest Vandiver.
Under the provisions of HR 6, the Speaker appointed as a Committee on the part of the House, the following:
Messrs. Massee of Baldwin, Todd of Glascock, Flynt of Taliaferro, Frier of Ware, Hawkins of Screven, Kennedy of Turner, and Roughton of Washington.
HR 7. By Mr. Groover of Bibb:
A RESOLUTION
BE IT RESOLVED by the House, the Senate concurring, that a Committee of eight, three from the Senate and five from the House, be appointed by the President of the Senate and the Speaker of the House respectively, be named to escort the incoming and retiring Governor, and the Lieutenant Governor, to the scene of the joint session of the General Assembly for the purpose of inaugurating the GovernorElect Marvin Griffin and the Lieutenant Governor-Elect, Ernest Vandiver.
Under the provisions of HR 7, the Speaker appointed as a Committee of Escort on the part of the House, the following:
Messrs. Matheson of Hart, Cocke of Terrell, Terrell of Decatur, Cloud of Decatur, and Upshaw of Bartow.
HR 8. By Mr. Groover of Bibb:
A RESOLUTION
"BE IT RESOLVED by the House, the Senate concurring, that the House and Senate convene in Joint session in the hall of the House of Representatives at 11 o'clock A. M. on January 11, 1955 for the purpose of inaugurating the Governor-Elect The Honorable Marvin Griffin, for a full term of four years, and for the purpose of inaugurating the Lieutenant Governor-Elect, The Honorable Ernest Vandiver, for a full term of four years."
The next order of business being the election of a Speaker Pro-Tempore,
MONDAY, JANUARY 10, 1955
23
Mr. Scoggin of Floyd placed in nomination the name of Honorable Harold S. Willingham of Cobb, which nomination was seconded by Messrs. Bentley of Cobb, Stripling of Coweta, and Musgrove of Clinch.
Mr. Duncan of Carroll 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.:
Adams Allen
Ayers Bagby
Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Cates Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Davis Deal Deen Denmark Denson Dozier Drinkard Duke
Duncan Edenfield Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harris Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hodges Hogan Holley Houston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins
Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens
Jones of Sumter Jordan Kelley
Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long
Love Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Murphey of Crawford
24
JOURNAL OF THE HOUSE,
Murphy of Haralson Murr Musgrove Nightingale
Nilan Odom Palmer Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray
Reed Register Rodgers Roughton
Rowland Ruark Russell Rutland Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley
Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker
Those not voting were Messrs.: Chastain, Hendrix, Huddleston, Parker and Watson.
Upon consolidating the votes cast, it was found that Honorable Harold S. Willingham had received 199 votes, being the entire number of votes cast.
Honorable Harold S. Willingham of Cobb was declared elected Speaker Pro-Tempore for the ensuing term of two years.
The Speaker appointed the following Committee of Escort to escort the Speaker Pro-Tempore to the Speaker's stand:
Messrs. Scoggin of Floyd, Musgrove of Clinch, Duncan of Carroll, Bentley and Reed of Cobb, and Bagby of Paulding.
The Speaker Pro-Tempore was escorted to the Speaker's stand, where he addressed the House.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate has adopted the following resolutions of the Senate to wit:
SR 2. By Senator Overby of the 33rd:
A resolution that the Secretary of the Senate be instructed to notify the House that the Senate has organized and is ready for transaction of business.
MONDAY, JANUARY 10, 1955
25
SR 3. By Senator Overby of the 33rd:
A resolution that a committee of five be appointed to notify his Excellency, the Governor, that the General Assembly has convened and organized, in regular session, and is ready for the transaction of business. The President has appointed on the part of the Senate, Senators Warnell of the 2nd, Neel of the 7th, and Jones of the 18th.
SR 4. By Senator Overby of the 33rd:
A resolution that the Senate and House meet in joint session in the hall of the House of Representatives, at 10:00 A. M., on January 11, 1955, for the purpose of canvassing and publishing the election returns and declaring the results thereof for Governor, Lieutenant-Governor and Constitutional Officers. The President appointed on the part of the Senate, Senators Chance of the 51st and Dews of the 9th.
The following Resolutions of the Senate were read and adopted:
SR 3. By Senator Overby of the 33rd:
A Resolution providing for the appointment of a Committee on the part of the House and Senate to notify the Governor that the General Assembly has convened and organized, in regular session, and is ready for the transaction of business.
The Speaker appointed as a Committee on the part of the House, the following:
Messrs. Stevens of Marion, Callier of Talbot and Land of Wilkinson.
SR 4. By Senator Overby of the 33rd:
BE IT RESOLVED by the Senate, the House concurring, that the Senate and House meet in Joint Session in the Hall of the House of Representatives, at 10:00 o'clock A. M., on January 11, 1955, for the purpose of canvassing and publishing the election returns and declaring the results thereof for Governor, Lieutenant-Governor and Constitutional Officers.
BE IT FURTHER RESOLVED that the President of the Senate appoint two Tellers and the Speaker of the House appoint three Tellers for the purpose of canvassing the votes for Governor, Lieutenant-Governor and Constitutional Officers, and which tellers will submit their report to the Joint Session of the General Assembly.
Under the provisions of SR 4, the Speaker appointed as Tellers on the part of the House, the following:
Messrs. Groover of Bibb, Sheffield of Brooks, Willingham of Cobb.
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, which nomination was seconded by Mr. Freeman of Monroe.
26
JOURNAL OF THE HOUSE,
Mr. Black of Webster 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:
Adams Allen Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Cates Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Davis Deal Deen Denmark Denson Dozier Drinkard Duke Duncan Edenfield Elder English
Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harris Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hodges Hogan Holley Houston Hudson Hurst lvey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner
Kennedy of Tattnall Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin
McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Peacock Pelham Perkins Peters Pettey
MONDAY, JANUARY 10, 1955
27
Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Ruark Russell Rutland Sanders Scoggin Sheffield Short
Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley Terrell Todd Truelove Turk
Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker
Those not voting were Messrs. Chastain, Hendrix, Huddleston, Parker and Watson.
Upon consolidating the votes cast, it was found that Mr. Toms had received 199 votes, being the entire number of votes cast.
Honorable Marion Toms of Quitman was declared elected Doorkeeper of the House for the ensuing term of two years.
The Speaker appointed as a Committee of Escort to escort the Doorkeeper to the Speaker's stand, the following:
Messrs. Baughman of Early and Freeman of Monroe.
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. Mincy of Ware placed in nomination the name of Honorable Marvin Brazeal of Terrell, which nomination was seconded by Mr. Wheeler of Seminole.
Mr. King of Chattahoochee moved that the nominations be closed, and the motion prevailed.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Allen Ayers Bagby Barber of Colquitt
Barber of Jackson Baughman Bentley Birdsong Black
Blackburn
Blalock Bloodworth Bodenhamer Boggus
28
JOURNAL OF THE HOUSE,
Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Cates Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Davis Deal Deen Denmark Denson Dozier Drinkard Duke Duncan Edenfield Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall
Hardaway Harrell Harris Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hodges Hogan Holley Houston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Mas see
Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey
McKenna McWhorter Mincy Mobley Moore Moorman Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Ruark Russell Rutland Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley Terrell Todd
MONDAY, JANUARY 10, 1955
29
Truelove Turk Twitty
Underwood of Bartow Underwood of
Montgomery Upshaw
Veal Walker Weems Wheeler Williams Willingham Willis
Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker
Upon consolidating the votes cast, it was found that Mr. Brazeal had received 199 votes, being the entire number of votes cast.
Hon. Marvin Brazeal of Terrell was declared elected Messenger of the House for the ensuing term of two years.
The Speaker appointed as a Committee of Escort to escort the Messenger to the Speaker's stand, the following:
Messrs. Sheffield of Brooks, Potts of Coweta, and Cocke of Terrell.
The Messenger was escorted to the Speaker's stand and addressed the House.
Mr. Groover of Bibb moved that the House do now adjourn until 9:45 o'clock tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 9:45 o'clock tomorrow morning.
30
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Tuesday, January 11, 1955.
The House met pursuant to adjournment this day at 9:45 o'clock A. M., and was called to order by the Speaker.
Prayer was offered by Rev. Joe Black, Pastor of the Capitol View Methodist Church, Atlanta.
By unanimous consent, the call of the roll was dispensed with.
Mr. Boggus of Ben Hill, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
Mr. Groover of Bibb moved that following the completion of the Inauguration Ceremonies and the dissolving of the Joint Session in front of the State Capitol, that the House stand adjourned until tomorrow morning at 10:00 o'clock, and the motion prevailed.
The following Resolution of the House was read and adopted:
HR 9. By Messrs. Willis of Thomas, Sheffield of Brooks, Moate of Hancock, and many others:
A Resolution to wish a speedy recovery for Honorable Robert E. Chastain of Thomas County, and for other purposes.
The following message was received fro:r;n the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following resolutions of the House to-wit:
HR 5. By Mr. Groover of Bibb:
A resolution providing for a joint session of the House and Senate in the hall of the House at 10:00 AM. on January 11, 1955 for the purpose of canvassing and publishing the election returns and for the appointment of tellers on the part of the House and Senate.
ThG President has appointed as tellers on the part of the Senate the following members of the Senate, to-wit:
Senators Chance of the 51st and Dews of the 9th.
TUESDAY, JANUARY 11, 1955
31
HR 6. By Mr. Groover of Bibb:
A resolution that a joint committee of the House and Senate be appointed to confer with the present Governor and Lieutenant Governor, and with the Governor-Elect and the Lieutenant Governor-Elect, to arrange for the inauguration of the Governor-Elect Marvin Griffin, and the Lieutenant Governor-Elect, Ernest Vandiver.
The President has appointed as a committee on the part of the Senate, the following members of the Senate, to-wit:
Senator Shurling of the 21st, Hollis of the 24th, Overby of the 33rd and Richardson of the 13th.
HR 7. By Mr. Groover of Bibb:
A resolution that a joint committee of the House and Senate be appointed to escort the incoming and retiring Governor, and the Lieutenant Governor, to the scene of the joint session of the General Assembly for the purpose of inaugurating the Governor and Lieutenant-Governor.
The President has appointed as a committee on the part of the Senate, the following members of the Senate, to-wit:
Senators Dykes of the 14th, Davis of the 42nd, and Lambert of the 28th.
HR 8. By Mr. Groover of Bibb:
A resolution providing for a joint session of the House and Senate for the purpose of inaugurating the Governor-elect and Lieutenant Governor-Elect.
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 Governor, Lieutenant-Governor, and all State House Officers, was called to order by the Speaker of the House.
The Secretary of the Senate read the Resolution providing for the Joint Session.
The following Report of the Committee of Tellers was read:
TO THE GENERAL ASSEMBLY OF GEORGIA, IN JOINT SESSION:
We, the tellers, appointed to canvass the votes for Governor, Lieutenant Governor, and other State House officers, as required by the Constitution, beg leave to submit the following report:
For Governor Marvin Griffin__________________ --------------------------------------------------- __________ 331,898
For Governor
Talmadge Bowers_____________ ----------------------------------------------------------------
3
32
JOURNAL OF THE HOUSE,
M. E. Thompson_____________________________________________ _______________ __________________ 12
Nat Walker___ ---------------------------------- _______________ ------------------------------ 28
Charles Gowen ____________________ --------------------------------------------- ____________ _ 16
Fred Hand ______________________________________ ---------------------------------------------------
1
Ellis Arnall ______________________________________ ------------------------------------------------
2
All Others------------------------------------------
-----------------------------------
7
For Lieutenant Governor Ernest Vandiver ____ ------------------------------------------------------------------------ 331,042
For Secretary of State Ben W. Fortson, Jr. ------------------------------- ------------------------------------329,423
For Comptroller General Zack D. Cravey____________
--------------------------------------------- ____________326,051
For Attorney General J. Eugene Cook ____ ----------------------
--------------------- 327,246
For State Treasurer George B. Hamilton__________________________
326,759
For State Superintendent of Schools M. D. Collins_______________________________________________ _
-- 325,970
For Commissioner of Agriculture
J. Phil Campbell______
--------------------------
- 326,530
For Commissioner of Labor Ben T. H uiet _______________________________________________________ _
---- -------325,952
For Public Service Commissioner
Unexpired term Crawford L. Pilcher_______________________ _
Crawford L. Pilcher_______________
____________________ _
_322,721 .321,080
For Public Service Commissioner James A. Perry______________________________ -------------------------------
323,710
We recommend the candidates above named, who have received a majority of the votes be and they are hereby declared elected to their respective offices.
Respectfully submitted:
ON THE PART OF THE SENATE: Dews of 9th Chance of 51st
ON THE PART OF THE HOUSE: Willingham of Cobb Groover of Bibb Sheffield of Brooks
By unanimous consent, the report of the Tellers was accepted and adopted.
The Committee on Arrangements for the Inauguration of the Governor and Lieutenant-Governor submitted the following Inaugural Program:
TUESDAY, JANUARY 11, 1955
33
INAUGURAL PROGRAM January 11, 1955
Washington Street Entrance-State Capitol 11:15 A. M.
Band Selections______________ ------------------------------------ ______Rome High School Band
Joint Session____________________________called to order by Honorable Marvin Moate, Speaker, House of Representatives
Invocation________________________________by the Reverend James W. Waters, Pastor, Mabel White Memorial Baptist Church, Macon
Recognition____________________of State House Officers and Distinguished Guests
Introduction____________________________________________of Honorable Herman E. Talmadge, Outgoing Governor
Address__________________________________________________________Governor Herman E. Talmadge 12:00 Noon
Delivery of Great Seal of Georgia to GovernorHonorable Ben W. Fortson, Secretary of State
Administration of Oath of Office to Governor-ElectHonorable B. C. Gardner,
Presiding Judge, Court of Appeals of Georgia
Delivery of Great Seal of Georgia to Secretary of StateGovernor Marvin Griffin
Inaugural Address_________________________________________________Governor Marvin Griffin
Administration of Oath of Office to Lieutenant GovernorJudge Robert L. Russell, Winder, Georgia
Address __________________________________________Lieutenant Governor S. Ernest Vandiver
Dissolution of Joint Session________ Lieutenant Governor S. Ernest Vandiver 1:30 P. M.
Inaugural Parade 4:00 P. M. to 6:00 P. M.
Reception____________________________________________________________________________ .Executive Mansion 9:00 P. M. to 12:00 P. M.
Inaugural BalL___________________________________________________________ Atlanta Biltmore Hotel
The hour of 11:00 o'clock having arrived, pursuant to HR No. 8 adopted by the House and Senate, calling for a Joint Session at 11:00 o'clock to inaugurate the Governor-elect and the Lieutenant-Governor elect, the House and Senate being already in Joint Session, the Speaker of the House ordered the Secretary to read the Resolution providing for the Joint Session.
The Secretary of the Senate read the Resolution providing for the Joint Session.
34
JOURNAL OF THE HOUSE,
The Speaker announced that the Joint Session would now recess and reconvene at 11:15 o'clock, A. M., this day, in front of the State Capitol where the Inauguration Ceremonies would be held.
11:15 o'clock, A. M., The Speaker called the Joint Session to order.
Governor Herman E. Talmadge, Governor-elect S. Marvin Griffin, Lieutenant Governor-elect S. Ernest Vandiver, together with the Committees of Escort, State Officials, and other distinguished guests, appeared upon the platform in front of the Capitol building.
The invocation was delivered by Rev. James W. Waters, Pastor, Mabel White Memorial Baptist Church, Macon.
Elective State Officials and other distinguished guests were presented to the General Assembly in Joint Session by the Speaker of the House.
Retiring Governor Herman E. Talmadge was introduced by Hon. Marvin E. Moate, Speaker of the House, and Governor Talmadge delivered the following address:
GOVERNOR GRIFFIN, LT. GOVERNOR VANDIVER, SPEAKER MOATE, MEMBERS OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES AND FELLOW CITIZENS OF GEORGIA:
It was on a bleak mid-November day a little more than six years ago that we met here to join hands and prayerfully to accept the unknown challenges of the future.
The unbounding confidence and abiding faith which we held then in Georgia's proper high destiny has been justified completely.
We can say this in view of the solid record of growth which has taken place over the intervening years.
We have witnessed fulfillment of unparalleled progress far exceeding our most ambitious hopes and dreams.
This advancement is a source of inspiration and real pride to every Georgian.
So, too, is the financial record.
An examination of the ledger shows that during the last six years your State government has lived within its income.
All current obligations are paid in full.
There is no direct bonded indebtedness of any kind.
And let me make this fact crystal clear:
When I assumed office the accumulated surplus in the State Treasury was four and one-half MILLION dollars.
Today, the surplus stands at eleven and three-quarter MILLION dollars.
TUESDAY, JANUARY 11, 1955
35
THIS SHOWS AN INCREASE IN THE SURPLUS ON HAND OF SEVEN AND ONE-QUARTER MILLION DOLLARS.
At the same time we are leaving a record of having built threequarters of a BILLION dollars in permanent improvements such as new schools, college buildings, highways, hospitals, institutional facilities and the like.
Stimulated by this long-needed development, our State now stands as a leader in widely-varied fields of government, business, farm and industrial activity.
Georgia is furnishing more than fifty per cent of her total State budget for education and is bearing nearly 80 per cent of the responsibility for school operations. Our over-all educational effort, percentagewise and based upon available resources, is unmatched by any state in the union.
Our $220-million-dollar school and college building program leads the region for such facilities and stands near the top in the nation. Georgia ranks second in the country in the amount of funds provided for vocational education. And she leads all states in the number of handicapped citizens restored to productive lives through her vocational rehabilitation program.
The University of Georgia at Athens was selected recently by the Kellogg Foundation as beneficiary of the second grant to be made by it for construction of an adult education center.
The State has pioneered in creation of vast youth-training centers. The facility for 4-H Clubs at Rock Eagle Park near Eatonton is the largest of its kind in the world. Camp Safety Patrol, established near Cordele in 1950 to train young people in safety, is the only one of its kind anywhere.
Georgia's cooperative hospital and health center building program, totaling 145 separate projects costing approximately $61% MILLION dollars, has been cited as a model of efficiency by national public health authorities. Added to this, the new State hospital, nearing completion in Augusta for use in expanding the scope and capacity of the University Medical School, also will provide care and treatment second to none for our indigent sick.
We are pleased that in the field of human security, afforded through public assistance programs, Georgia has come far up the list during these past six years. She has advanced to second place in the Southeast in the amount of average old-age pension payments and to first place in the Southeast in the number of those receiving these benefits.
In provision of services for her veterans, Georgia is first in the region, according to latest federal reports.
We have made substantial strides in building both arterial highways and farm-to-market routes. Our State now ranks first in the South Atlantic Division of the Federal Bureau of Public Roads in her total mileage of top grade four-lane construction. She stands first in the same division and tenth in the nation in the amount of federal aid highway construction either programmed, approved or underway.
36
JOURNAL OF THE HOUSE,
While Georgia taxpayers are sending over $700 MILLION dollars a year to Washington-! repeat that-OVER $700 MILLION DOLLARS A YEAR TO WASHINGTON-in all types of federal taxes, we have carried out our policy of getting back as much of this money as possible for our people. As a result of expanded matching programs on the State level, Georgia leads the entire Southeastern region in the total amount of federal grants brought back to this State.
All-out construction of new markets to assist Georgia farmers in selling their crops has placed us in the leadership for these facilities in the Southeast and in the forefront among the agricultural states.
Though comparatively young, Georgia's mighty broiler industry has held first position nationally for several years.
And, we are rapidly becoming the livestock hub of the South. We stand first in the number of hogs slaughtered and second only to Texas in slaughter of beef cattle.
In the state's $750 million dollar forestry industry, we have made amazing progress. We have come from 46th to first in the nation in the number of acres of timberland under organized fire protection. Nor does any other state grow as many pine seedlings for her tree farmers as does Georgia. As a matter of fact, latest figures show we are setting the pace here for the South in both pulpwood and lumber production.
Berth-for-berth this State now owns and operates at Savannah the best-equipped ocean terminal in the South. Her ports stand first in the nation in the rate of increase in the value of exports and first in the Southeast in the volume of both imports and exports.
Studies compiled by the Georgia Chamber of Commerce reveal our State led all others in the number of new industries or additions established during 1953. While complete figures are not yet available for 1954, everything points to another banner year placing us again at or near the top in industrialization.
Georgia's rate of increase in business, itself, ranks tenth in the country and her population is growing steadily. The total income of her people now exceeds $4 BILLION dollars per year. These impressive gains are further reinforced by the fact that the State's percentage advance in per capita income has climbed in recent years to second position throughout the land.
Ever-mounting statistics from all sides continue to show Georgia is a growing State and that her future holds even brighter promise.
Whatever success my administration has achieved is the result of sustained cooperation on the part of the people and members of the General Assembly. It has come through help of representatives of the press, the radio, the television, business, civic, farm, labor, veterans, fraternal and other groups. And a large share of the credit goes to the department heads, your elective and appointive officials and employees of the State, who have worked tirelessly and unselfishly with me in your service.
Let me say to the people of Georgia that I am humble and grateful for the honor and trust you have reposed in me.
TUESDAY, JANUARY 11, 1955
37
Your kindness and friendship extended in such generous measures will be cherished by me as long as I live.
I wish for Governor Marvin Griffin a successful administration and bespeak for him the same cordial support which you have given me as governor.
Looking to the days and years ahead, we do so with a deep and comforting conviction that Almighty God in His gentle mercy will bless us as we work here to build a better State.
Mr. Secretary of State Fortson, I hand you herewith the Great Seal of the State of Georgia for delivery to my successor in office, the Honorable Marvin Griffin.
The Speaker introduced Honorable B. C. Gardner, Presiding Judge, Court of Appeals of Georgia, who administered the following oath to Governor-elect S. Marvin Griffin:
I, S. Marvin Griffin do solemnly swear that I will discharge all the duties lawfully required of me as Governor of the State of Georgia according to the best of my ability and understanding.
I do further swear that I am not the holder of any public money due this State, unaccounted for; that I am not the holder of any office of trust under the Government of the United States, nor of either of the several states, nor of any foreign state, and that I am otherwise qualified to hold said office, according to the Constitution and laws of Georgia, and that I will support the Constitution of the United States and of this State, and that I will refrain from directly or indirectly subscribing to or teaching any theory of government or of social relations which is inconsistent with the fundamental principles of patriotism and high ideals of Americanism.
I do further solemnly swear that I am not a member of the Communist Party and that I have no sympathy for the doctrines of communism and will not lend my aid, my support, my advice, my counsel, or my influence to the Communist Party or to the teachings of communism.
So help me God!
Hon. Ben W. Fortson, Jr., Secretary of State, delivered the Great Seal of the State of Georgia to the Governor.
Governor S. Marvin Griffin delivered the Great Seal of the State of Georgia to the Secretary of State.
Governor S. Marvin Griffin delivered the following address:
GOVERNOR TALMADGE, LIEUTENANT GOVERNOR VANDIVER, SPEAKER MOATE, DISTINGUISHED GUESTS, MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES, AND MY FELLOW GEORGIANS:
My first words must be to express my appreciation to the people of Georgia for giving me the high honor and the privilege to serve you for the next four years as your Governor.
38
JOURNAL OF THE HOUSE,
I want to thank the thousands who are here today, and again, let me express my heartfelt appreciation to so many loyal friends who gave me a full measure of devotion and friendship in the campaign last summer.
We are making history here today. In the preparation of this inaugural program, I departed from precedent and asked the outgoing Governor, the Honorable Herman Talmadge, to address the General Assembly, and this great concourse of Georgians. I did so because it is most unusual for an outgoing Governor and an incoming Governor in Georgia to be on friendly terms. In some instances, Governors have had some inclination not to speak to each other on Inauguration. This is not the case today.
The key words in the success of the outgoing administration were loyalty and cooperation. Under this wise and fruitful policy, manifold benefits have accrued to our State. I seek and I shall look forward to a continuation for the next four years of this same splendid spirit of cooperation which has been manifested during the past six years.
You people of Georgia have vested confidence in me on many occasions for which I am truly grateful, but the high honor you bestow upon me today leaves me with a feeling of humility. The office of Governor carries with it the greatest responsibility that you can place in a public servant. I receive this office at your hands. I am a Jeffersonian Democrat. I believe that a public office is a public trust. I shall guard your interests well, and I shall give you an account of my stewardship at all times. I realize fully the responsibilities which accompany the administration of government to 3 and lh million Georgians in all walks of life.
It is well that on this occasion the people and their officials can come together as one to seek Divine guidance of our Creator and pray that his blessings abound throughout the land. This is our source of comfort in all our affairs-in times of trial-in times of happinessand in times of deep sorrow and adversity. Our Democratic institutions will never be destroyed as long as "we lift up our eyes unto the hills from whence cometh our strength".
It is in this spirit of reverence and of genuine friendliness that this administration begins its service with a desire to unite all our citizens into a cohesive force which will work for the advancement of our State.
Whatever talents and energies I may possess will be devoted toward making Georgia a better and a happier place in which to live.
I welcome the help, support, guidance, advice and prayers of all citizens in the conduct of the State's affairs.
I shall be glad to see you when you come to the Governor's office. It will be my pleasure to help you with your problems. Of course, if you did not guess wrong last summer, it will be of some little help in the transaction of your affairs.
In a more serious vein, let me assure you that I will administer the affairs of your government in a far and impartial manner, and I am one who believes in letting bygones be bygones. I call upon those who did not see fit to support me to join me in my endeavors to see Georgia
TUESDAY, JANUARY 11, 1955
39
a better State in which to live-to earn a livelihood-and to rear our children.
I am an optimist by nature. During the past few years we have made phenomenal progress in all fields of activity in our State. I sincerely believe that we have only scratched the surface, so to speak, and we are today on the threshold of unprecedented progress and development in agriculture, business and industry.
We can look forward with confidence and by working together as a determined and united people we can cope successfully with whatever problems may confront us.
-o-
Looming before us presently are three broad challenges; the proper solution of which will require vision, diligence and cooperation.
These challenges are :
1. To improve the lot of all Georgians.
2. To accept responsibilities arising from the unprecedented growth
the State is now experiencing.
3. To preserve our Georgia way of life.
Throughout the history of our State it has been proved that no administration can accomplish anything permanent or constructive for the people without the full help of the members of the General Assembly. Having presided over the Senate for 6 years, I feel that I understand the problems of the Legislative Branch. During my tenure of office as your Governor, it will be a pleasure for me to work personally and harmoniously with the elected representatives in the best interests of our State.
The success of any state administration is dependent upon the unstinted support and active, sincere cooperation of honest, capable and qualified department heads and policy-making officials. They must be willing to work loyally and harmoniously night and day for the broad objectives of the administration and the subsequent betterment of the State.
I have appointed loyal, honest and proficient administrators in the Executive Branch to assist me in the performance of my duties.
A house divided against itself cannot produce maximum effectiveness for the people.
And to those who have already criticized me, even before I begin my service to the State, let me quote a truism of that great Democrat, Thomas Jefferson, who said, and I quote:
"A man ridicules when he has no 1eason for his position".
Being a public official, I am prepared to accept criticism.
All government has become complex. The ancient adage that the best government is the one that governs least is extremely difficult to sell these days. Rugged individualism makes good newspaper copy, but
40
JOURNAL OF THE HOUSE,
today our people expect and they demand certain services of government.
We have set definite goals in this administration for manifold improvements and we shall work diligently to achieve them.
EDUCATION
These goals are found in the platform upon which I was nominated, and which was subsequently ratified by the Democratic Party of Georgia.
With the full realization that knowledge is power, and is the key that opens many doors, my administration will strive to improve our common school system and institutions of higher learning. I recognize the seriousness of providing educational benefits to an ever-increasing school population brought about by a steady increase in the population of our State. I assure you that I will provide sufficient funds for the thousands of additional children who each year knock at first-grade doors in our schools.
Your next administration is eager to join hands with educational leaders, parents, teachers and others to insure consumation of an even greater program of education for students in Georgia schools and colleges.
---o---
HIGHWAYS
A State which is coming into its own in agriculture, business, and industry needs an adequate system of roads to tie all these activities together. I have always believed that new highways will pay for themselves and that the cost of construction is only a minor investment. The No. 1 plank in my platform last summer, and a top item on our legislalative agenda for this session, will be an act to set up a Rural Roads Authority. The purpose of this program is to bring to our people more of these farm-to-market roads in a shorter space of time than ever before. In my opinion, a great system of farm-to-market roads will do more to increase the farm economy and to stimulate business than any other one thing we can do in that field.
While we are furthering the material progress of our State, we will not forget our needy citizens.
WELFARE
Georgia's welfare assistance programs for the aged, blind, dependent children and disabled now aggregate some 62 and lh million dollars annually. They bring benefits to 150,000 people. Nearly twothirds of this money comes to us in federal matching grants. The more we put up, the more of our tax money we get back into Georgia. These checks are a vital necessity for our people and amount to more than one-half of the cotton crop each year.
We must do as much as we can toward strengthening these worthwhile programs. I say this in view of the fact that the good accomplished is for the benefit of those who most deserve the assistance provided.
I am aware of the increased span of life which results in more people depending upon old age assistance. This condition has been brought about by wonderful discoveries in science and medicine.
These people have no lobby or organized pressure group to represent them in the Capitol or in the legislative halls. Let me assure you,
TUESDAY, JANUARY 11, 1955
41
however, that during the next four years they have a friend in the governor's office, and I am confident, friendly representatives in the General Assembly who will fight their battles for them.
The same is true of those who are receiving care, treatment or training at our state institutions. They have a special place of concern with me.
I will work for improved facilities, more adequate diet and better working and living conditions at these institutions.
-o---
Georgia has made a phenominal record in recent years in advancing the health of her people. She has provided numerous hospitals HEALTH and health centers through the cooperative program. Health services have been expanded. Activation of the Eugene Talmadge Hospital at Augusta later this year will be another major milestone in Georgia medical history.
Statistics prove that we are achieving tangible results in the fight against disease and that our State now ranks among the most progressive in protecting the health of our people. This has been a significant factor in bringing new industry to Georgia.
The far-reaching results we have attained in the health field are ample reasons for keeping up the good work.
-o---
I shall let the nation know that Georgia has a governmental climate favorable to industry. New industry will increase our material wealth, and thereby increase tax collections to provide more services to our people.
We have everything necessary here in Georgia to attract tourists, manufacturers, or the man who wants to make his living on the land. We need to go further in developing our human, natural and material resources.
From our soil and the sweat of the farmer's brow stem the substances from which cities are made. My administration will work diligently at all times to advance and enrich Georgia's agricultural, dairying, livestock and poultry potential.
Research in the fields of crop improvement, livestock and poultry disease, soil building, and other related fields will be expanded.
We will insist that farm markets be operated for the sole benefit of our farmers.
We will continue to sustain our leadership in forestry and soil conservation.
Propagation of wild life and coordinated presentation of natural tourist attractions will receive my strong support.
Our State parks will be made more serviceable to the people.
Full resources of the State will be available at all times to further
42
JOURNAL OF THE HOUSE,
such constructive youth training programs as the 4-H Clubs, Future Farmers, Future Homemakers, Safety Patrol and others.
We will maintain our place of proud leadership in the provision of services to our veterans.
For the working people, legislation will be offered at this session to adjust long-neglected compensation benefits for injury or death to the present day cost of living.
It shall be my purpose, too, to strengthen local governments whenever and wherever possible. Grants to counties for road work and other programs of aid to these vital units of government will be continued uninterrupted.
Our municipal governments, struggling under the strain of higher populations, will receive sympathetic consideration from my administration.
--o--
A full report on budget and fiscal affairs of the State will be made in my message to the General Assembly within the next few days. However, I should like to state to you the general policy which my administration will follow in financing the state government.
I will insist upon rigid economy in all departments.
I will insist upon all employees of the State government being productive and giving a day's work for a day's pay.
I will make certain that all departments are giving value received to the people for the amount of money they are receiving.
'Ve will live within our income and available resources.
I will make certain that those who do business with the State do so legitimately. There will be no five-percenters, and influence peddlers need not attempt to seek refuge under the dome of your Capitol. The sealed bid is the only protection the taxpayer has, and I shall insist on it at all times.
--o--
As time goes by, the cleavage between Communism of the slave world, and Democracy of the free world grows sharper. Communism and Democracy cannot live under the same roof.
Communism is materialistic and atheistic while Democracy is based on the humane teachings of the Christian tradition. Communism cannot exist where people truly believe in the Sermon on the Mount, and the beautiful story of the good Samaritan.
With Communism there is no Christian faith. Where there is no Christian faith, Democracy will perish.
I believe that eternal vigilance is the price of liberty.
We must work to remain free.
I will cooperate with veterans and other patriotic groups to make sure at all times there is no Communist infiltration in Georgia.
TUESDAY, JANUARY 11, 1955
43
I am proud of my state ... Our great institutions and our fine people . . . I am proud of our way of life here in Georgia.
Last summer I spoke throughout the length and breadth of oar great State. I promised the people of Georgia I would preserve the County Unit System. I shall keep that promise inviolate.
-o-
Both the white and colored races have been living in peace and harmony here in Georgia. We want to keep it that way.
We have extended educational opportunity to both races. We embarked on a 200-million dollar school building construction program for white and colored children. An expanded health program has been extended to both races.
On May 17th last year the Supreme Court of the united States issued an unthinkable decision outlawing school segregation. This decision, without law or precedent, threatens the very foundation of our policy of separate but equal school systems in Georgia and in the South. With one stroke, this action on the part of the Court imperials all the progress we have made in race relations over the past 80 years.
On November 2nd the people of Georgia rededicated themselves to the proposition of no mixed schools in Georgia.
We Georgia people, who know the situation first hand, are firm in our conviction that this tyranny must be resisted with every resource at our command.
I repeat my pledge to the mothers and fathers of Georgia that as long as Marvin Griffin is your Governor there will be no mixing of the races in the classrooms of our schools and colleges in Georgia. That promise is insured by the Constitution of Georgia.
That is the oath I have just taken.
That is the oath which will be upheld.
-o-
My Fellow Georgians, we are meeting here today to inaugurate:
... an administration which is loyal to the Democratic Party of Thomas Jefferson and Andrew Jackson.
. . . an administration which truly believes in states' rights and local self-government.
. . . an administration which will continue to champion the Southern viewpoint in all forums.
. . . an administration which is determined to preserve those checks and balances embodied in our State's traditional County Unit System.
. . . an administration which stands four-square for the maintenance and the preservation of our traditional pattern of segregation in the South.
. . . AND an administration which will answer unflinchingly the people's needs, and at the same time, preserve a solvent treasury and
44
JOURNAL OF THE HOUSE,
maintain the credit of the State.
As I undertake these solemn responsibilities for you, I do so with determination that during my term in all my endeavors for you, I pray that God will give me the courage of my convictions-that He will give me the wisdom and the strength to make you the leader you so richly deserve.
I shall keep the Faith.
The Speaker presented Judge Joseph Quillian of the Court of Appeals, who administered the following oath of office to Lieutenant-Governor elect Ernest Vandiver:
OATH OF OFFICE
I do solemnly swear that I will faithfully execute the office of Lieutenant Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Constitution of the United States of America.
I do further solemnly swear that I am not the holder of any public money due this State unaccounted for; that I am not the holder of any office of trust under the Government of the United States, nor any one of the several States, nor of any foreign State, and that I am otherwise qualified to hold the office of Lieutenant Governor according to the Constitution and Laws of Georgia, and that I will support the Constitution of the United States and the State of Georgia.
I do further solemnly swear that I am not a member of the Communist Party and that I have no sympathy for the doctrines of communism and will not lend my aid, my support, my advice, my counsel, or my influence to the Communist Party or to the teachings of communism.
So help me God.
Lieutenant-Governor Ernest Vandiver delivered the following address:
GOVERNOR GRIFFIN, FORMER GOVERNOR TALMADGE, DISTINGUISHED MEMBERS OF THE GENERAL ASSEMBLY, DISTINGUISHED STATE HOUSE OFFICERS AND MY FELLOW GEORGIANS:
In compliance with Article V, Paragraph VII of the Constitution of the State of Georgia of 1945, I have the high honor of being the third Georgian to whom the oath of the office of Lieutenant Governor has been administered.
It was my sincere hope that the distinguished father of my wife, Judge Robert L. Russell of the United States Circuit Court of Appeals could have been present to administer the oath of office to me. For his judgment, wisdom and sincere interest I shall ever be grateful. Unfortunately, because of illness he could not be present. In his absence I asked my long-time friend and former law partner, Joseph 0. Quillian, Judge of the Court of Appeals to administer the oath.
Georgia, today, is sorely beset by the dilemma of a vigorous appetite for ever increasing services on the one hand and a deflated pocket-
TUESDAY, JANUARY 11, 1955
45
book, unable to pay the price for those services on the other. The problem is not new. It has met every session of the General Assembly which has convened on these hallowed grounds since the very founding of our state government. This problem is not peculiar to our State, nor is it unusual to our Federal Government. An oversimplified solution to this problem lies in the simple question, "Are you willing to dip down into your pockets a little further and come up with additional tax monies". From conversations with Georgians in every corner of our great State, I would say that their answer would be "not now".
A few moments ago, there terminated one of the most progressive administrations in the history of our State. That progress was achieved within the limits of our present income, with the exception of the last two years when it became necessary to draw on the surplus in the treasury.
Georgia's progress will not end with the last administration.
Georgia is on the threshold of a tremendous era of industrial expansion. For the first time in our great history we can see on the horizon the possibility of the achievement of the fine balance between industry and agriculture which is so necessary to economic prosperity. Georgia is on the march and I feel that if the great Henry Grady were present here today he could indeed visualize "a new, new South". We are only beginning to take our rightful place among the States of this Union. We are only temporarily caught on an economic plateau, and we must remain there only until we are able to see over the next fiscal mountain.
A few short months ago the distinguished former Chief Executive called on all the department heads to decrease their budgets by six per cent. The order caused hardly a ripple in the overall progress of his great administration. Should that order go out again in larger measure, we can by a tightening of our budgetary belts overcome this or any other immediate crisis which might develop.
Tens of thousands of our citizens have been displaced from the farms by the technological agricultural revolution of the last few decades. They constitute a tremendous labor market, men and women who can be trained to take their place in this age of industrial expansion. With this expansion comes a larger industrial base and, as the night follows the day, a larger tax base.
We should use this and every other available forum to issue a cordial invitation to "COME TO THE NEW SOUTH". On the other hand, we would heartily condemn any industry whose sole purpose in coming to our State is for exploitation of our labor and our resources. We offer them a competitive tax structure, a climate unequalled anywhere on the face of the earth, tremendous resources close to their source and a chance to make a fair profit on their investment in our State.
If it is good to invite industry from without to become good citizens of our state, it is better to generate from among our present citizenry a desire for industrial expansion. If our neighbors can come to Georgia and make a profit, surely our own citizens can by the application of similar techniques do the same.
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JOURNAL OF THE HOUSE,
Probably the most pressing problem to which those in positions of responsibility have addressed themselves during the past few months is the problem of maintaining segregation in the public schools of our State.
We are in the unhappy quandry of having built up in Georgia during the past seven decades a splendid Public School System which now faces the stark possibility of abolition in view of the decision of the Supreme Court of the United States May 17th last.
We are in the very middle of the greatest school building program in the history of Georgia. This program was begun, based on what we thought was the law and still believe should be the law of the land -the separate but equal doctrine. This radical departure from precedent by our nation's highest tribunal was certainly not one of our choosing, however, unless we want to again secede from the union, we must find some method of living and maintaining our traditions within the framework of that decision.
We cannot and will not discard our public school system without first exhausting every possibility. Any method by which we can maintain our Public School System and still retain segregated schools will have my unstinting support. However, if the Federal Courts close down our public schools we must seek some alternative, and that alternative could well be abolishing our public schools, and replacing them with a system of private education. We await the final ruling of the Supreme Court with some hope that it will have the good sense not to precipitously overturn by judicial fiat the thinking and traditions of centuries here in the South. But, if such not be the case, it will be met by a wave of anger and fury, the like of which has not been evident here since the days of secession. Such an emergency will necessitate calm heads and an intelligent plan of action to prevent ugly repercussions. Always we must remember that we have a government of law and not by mob. Be assured that this administration will do whatever is necessary to maintain segregation and still furnish the best education possible for both white and colored, within our financial capabilities.
Americans and Georgians are today living in an uncertain world. The menace of Communism and the godless men in the Kremlin haunt the minds of all thinking Americans. There is ample evidence that it is their intention and desire to conquer all mankind and bring him under their complete domination. They have the weapons, they have the means of delivering them to any part of our nation, and they control the timetable, since America will never be an aggressor.
On the other side of the ledger, we have this to be grateful for today. America is strong. We have the weapons. We have the means of delivering them to any part of the globe, but above all, America is composed of God-loving people who have the moral stamina and the will to resist tyranny in any part of the world.
An integral and important part of that America lies within the borders of this great State of Georgia. The people with whom I have had the opportunity of working during the past years are Georgians imbued with the same brand of patriotism that made this country great. Putting in endless hours of uncompensated effort in the shoring
TUESDAY, JANUARY 11, 1955
47
up of our State and National defenses, they are indeed deserving of especial commendation. I would like to pay them that tribute here today and urge that they continue the selfless work to which they have been so dedicated.
To the national guardsman, the civil defense worker, to the reservist and to the regular we owe an everlasting debt of gratitude.
Was there ever a time in the history of all mankind when the future was certain? Was there ever a time when it was not necessary to utilize our God-given intellects to survive in this world? I think not-and I am thankful that we still have men and women in this State and Nation who are willing to make the sacrifices for survival.
In conclusion, let me say that I am deeply appreciative of the high honor accorded me by the people of the empire state of the South.
It is my daily prayer to the great God above that He will make me to know that I am but an instrument of the will of the people, that I am but an humble public servant whose responsibility is, "To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty."
Earnestly do we, your public servants, solicit the prayers and support of all Georgians, to the end that we might give to you an honest, progressive and worthy administration.
Senator Overby of the 33rd District moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
Under the provisions of a motion by the Gentleman from Bibb, previously adopted by the House, the House stood adjourned until tomorrow morning at 10:00 o'clock, A. M.
48
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Wednesday, January 12, 1955.
The House met pursuant to adojurnment this day at 10:00 o'clock A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain, Rev. W. C. Bowen, of the Sparta Methodist Church.
By unanimous consent, the call of the roll was dispensed with.
Mr. Boggus of Ben Hill, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
Representatives-elect Watson of Dougherty, Hendrix of Long, Huddleston of Fayette, and Parker of Appling, appeared before the bar of the House, and the oath of office was administered to them by Judge Jule W. Felton of the Court of Appeals of Georgia.
The Speaker announced the following Standing Committee Assignments:
STANDING COMMITTEES
of the
HOUSE OF REPRESENTATIVES
ACADEMY FOR THE BLIND COMMITTEE
Baughman, Chairman Murphy of Haralson,
Vice-Chairman Kitchens, Secretary
Bloodworth Carlisle Coxwell Davis Deal Dozier Duke English Fordham Gross of Dade Hardaway Harris Harrison of Jeff Davis Henderson Hendrix
Hodges Hudson Jackson Johnson of Gilmer Jones of Laurens Kelley Kennedy of Tattnall King of Chattahoochee Lanier Love of Catoosa Mas see Matheson of Hart Mauldin Mobley Pelham Raulerson Ruark Sivell Smith of Evans
WEDNESDAY, JANUARY 12, 1955
49
Tanner Terrell
Walker Wilson of Peach
AMENDMENTS TO THE CONSTITUTION NO. 1 COMMITTEE
Freeman, Chairman Cheatham, Vice-Chairman Young, Secretary
Barber of Jackson Carlisle Chastain Clary Cowart Dozier Eyler
Gilleland Goodson Henderson Huddleston Jones of Lumpkin Jordan Kennedy of Turner Key King of Chattahoochee Kitchens
Lanier Mathis of Lowndes Mauldin Mincy Mobley Moorman Murphy of Haralson Musgrove Odom Pettey Ruark Scoggin Sivell Smith, Hoke of Fulton Tarpley Walker Watson Willingham Wilson of Peach
AMENDMENTS TO THE CONSTITUTION NO. 2 COMMITTEE
Nightingale, Chairman McCracken, Vice-Chairman Jones of Worth, Secretary
Ayers Bentley Birdsong Bloodworth Bolton Brown Caldwell
Callier Cates Chambers Davis Deal Elder English Fordham Gross of Dade Gunter Hardaway
Harrell Harris Harrison of Jeff Davis Hodges
Houston Hudson
Johnson of Gilmer Jones of Laurens Jones of Sumter Kelley King of Whitfield King of Pike
Lam Lokey Long Love of Catoosa Mackay Matthews McKelvey
Palmer Perkins Phillips of Columbia Potts Raulerson Reed Sognier Strickland of Toombs Tanner Veal
50
JOURNAL OF THE HOUSE,
APPROPRIATIONS COMMITTEE
Coker of Cherokee, Chairman Groover, Vice-Chairman Sheffield, Secretary
Adams Allen Barber of Jackson Bodenhamer Boggus
Carlisle Chambers Cheek Cocke
Deen Denmark Denson
Dozier Drinkard Duke Duncan Edenfield Freeman Goodson Green of Rabun Greene of Crisp Huddleston
Jessup Kitchens Lavender Mashburn Matheson of Hart Mauldin McKenna McWhorter Mincy Moorman Mull Murphy of Haralson Murr Palmer Pettey
Phillips of Walton Roughton Russell Singer Sivell Smith, Hoke of Fulton Sognier Terrell Walker
AUDITING COMMITTEE
Jessup, Chairman Peacock, Vice-Chairman Campbell, Secretary
Boggus Cocke Cotton Coxwell Frier Gilleland Henderson Hendrix Jones of Sumter Lowe of Oglethorpe
Mallory Matheson of Hart Mauldin Nightingale Pickard Ramsey Raulerson Ruark Singer
Souter Turk Veal Walker
AVIATION COMMITTEE
Wheeler, Chairman Fowler of Douglas, Vice-Chairman Harrell, Secretary
Boggus Bolton Brannen Duncan Edenfield Flynt Foster
Gillis Greene of Crisp Groover Houston Jessup Jones of Laurens Jordan Kelley Kennedy of Turner Lanier
WEDNESDAY, JANUARY 12, 1955
51
Mackay Martin McWhorter Musgrove Nilan Phillips of Columbia
Register Scoggin Smith, M. M. of Fulton Sognier Todd Young
BANKS AND BANKING COMMITTEE
Stephens of Clarke, Chairman Gunter, Vice-Chairman Land, Secretary
Adams Allen Barber of Colquitt Brannen Callier Cheatham Coker of Cherokee Garrard Gross of Stephens Harrison of Wayne Hawkins Hogan Jessup Key
Lindsey Mashburn Mull Murphey of Crawford Musgrove Nightingale Pelham Peters
Ray Russell Sanders Singer Stevens of Marion Twitty Wooten Wright
COMMERCE COMMITTEE
Greene of Crisp, Chairman Willis, Vice-Chairman Fordham, Secretary
Barber of Jackson Baughman Birdsong Blalock Brown Callier Cates Cheatham Clary Davis Deal Duncan Edenfield English Eyler Gilleland Goodson Gross of Stephens Gross of Dade Harrell Harris Henderson
Hodges Huddleston Hudson Johnson of Gilmer Jones of Lumpkin Jones of Sumter Kelley Kilgore Kitchens Land Lanier Love of Catoosa Lowe of Oglethorpe Mackay Martin Mobley Phillips of Columbia Reed Register Rodgers Smith of Evans Smith, Hoke of Fulton Veal Young
52
JOURNAL OF THE HOUSE,
CONSERVATION COMMITTEE
Todd, Chairman Gillis, Vice-Chairman Watson, Secretary
Barber of Jackson Bentley
Birdsong Black Brown Callier Coxwell Davis
Deal Deen Edenfield Elder English
Flynt Foster Frier Garrard
Gilleland Greene of Crisp Harrell Harris Harrison of Jeff Davis Hayes Henderson Hendrix
Hodges Hogan Hudson Hurst Johnson of Gilmer Jones of Laurens
Jones of Worth Jordan Key Kilgore Land Lindsey
Love of Catoosa McCracken Mobley Palmer Pelham Register Rodgers Roughton Ruark
Sivell Smith of Evans Terrell
Weems Wheeler Willis Wooten
CORPORATIONS COMMITTEE
Cornelius, Chairman Garrard, Vice-Chairman Kilgore, Secretary
Black Blalock Baughman Bloodworth Cason Chambers Davis Gross of Stephens Gunter Harrell Hogan Holley Houston Ivey
Johnson of Gilmer Jordan Lokey Long Mobley Nightingale
Peacock Peters Pettey Reed Rutland Sanders Strickland of Toombs Tanner Watson Young
COUNTIES AND COUNTY MATTERS COMMITTEE
Short, Chairman Singer, Vice-Chairman Killian, Secretary
Baughman Bentley Blackburn
WEDNESDAY, JANUARY 12, 1955
53
Blalock Bloodworth Bodenhamer Brown Caldwell Cheatham Cloud Coxwell Deal Denmark Denson Dozier English Fain Fordham Frier Garrard Gilleland Gillis Gross of Dade Harrell Henderson Hodges Hogan Hudson Johnson of Jenkins Kelley
Lavender Lokey Love of Catoosa Mackay McWhorter Mobley Murphey of Haralson Parker Phillips of Columbia Phillips of Walton Pickard Ramsey Raulerson Reed Rodgers Ruark Smith of Evans Souter Stripling of Coweta Todd Turk Upshaw Williams Willingham Wilson of Towns Wooten Wright
DRAINAGE COMMITTEE
Willingham, Chairman King of Chattahoochee, Vice-Chairman Fain, Secretary
Bentley Black Cocke Cowart Dozier Drinkard Duncan Edenfield Floyd Gilleland Greene of Crisp Groover Hall Hardaway
Harrison of Wayne Jessup Jones of Lumpkin Land Key Mathis of Lowndes Murphy of Haralson Phillips of Columbia Ramsey Short Smith, Hoke of Fulton Smith, M. M. of Fulton Stephens of Clarke Stevens of Marion Tamplin Twitty
EDUCATION COMMITTEE NO. 1
Bodenhamer, Chairman
Cheek, Vice-Chairman Lindsey, Secretary
Adams Allen Barber of Colquitt
Barber of Jackson
Blackburn Cotton Cowart Denson Dozier
54
JOURNAL OF THE HOUSE,
Floyd Flynt Gilleland Green of Rabun Grimsley Groover Hardaway Harrison of Wayne Hawkins Ivey Jackson Jones of Lumpkin Kennedy of Turner Kitchens Land Lowe of Oglethorpe Mallory Martin Massee Mauldin
Murphy of Haralson
Odom Perkins Peters Pettey Phillips of Walton Potts Rodgers Roughton Sheffield Souter Terrell Turk Twitty Sivell Stevens of Marion Wheeler Willis Wilson of Peach Young
EDUCATION COMMITTEE NO. 2
Lavender, Chairman Hall, Vice-Chairman Sanders, Secretary
Birdsong Boggus Brown Caldwell Callier Cheatham Coxwell Deal Deen Duke English Gillis Gross of Stephens Gunter Harrell Harris Harrison of Jeff Davis Henderson Hendrix Hodges Hogan
Houston Jones of Worth Jordan
Kelley Kennedy of Tattnall Key King of Chattahoochee Lam Love of Catoosa Mathis of Lowndes Matthews McGarity Mobley Mull Murphey of Crawford Murr Palmer Peacock Pelham Phillips of Columbia Reed Ruark Singer Smith of Emanuel Strickland of Toombs Truelove
Underwood of Bartow Upshaw Walker
ENGROSSING COMMITTEE
Green of Rabun, Chairman Phillips of Walton, Vice-Chairman Hodges, Secretary
Allen Ayers Bagby
WEDNESDAY, JANUARY 12, 1955
55
Barber of Jackson Baughman Boggus Cason Clary Cloud Coker of Walker Deen Fowler of Tift Goodson Gunter Harris
Hudson Johnson of Jenkins King of Whitfield Martin McKelvey Moore Sanders Short Stevens of Marion Todd Veal Wheeler
ENROLLING COMMITTEE
Pettey, Chairman Upshaw, Vice-Chairman Black, Secretary
Adams Baughman Birdsong Blackburn Bodenhamer Brannen Brown Caldwell Cason Fordham Houston Jones of Worth
Key Kilgore Long Love of Catoosa Palmer Pelham Potts Raulerson Register Sivell Tanner Truelove Underwood of Montgomery Wilson of Peach
EXCUSE OF MEMBERS ABSENT WITHOUT LEAVE COMMITTEE
Tarpley, Chairman Ayers, Vice-Chairman English, Secretary
Brown Cason Harrison of Jeff Davis Hudson Hurst Jones of Worth Kilgore
King of Chattahoochee Lam Land Long Mackay Mallory Moore Parker Reed Truelove
GAME AND FISH COMMITTEE
Cocke, Chairman Cloud, Vice-Chairman Denmark, Secretary
Bagby Barber of Colquitt Black Boggus Brannen Caldwell
Cheek Clary Coker of Cherokee Cornelius Cotton Coxwell Dozier Edenfield Eyler
56
JOURNAL OF THE HOUSE,
Fain Freeman Greene of Crisp Grimsley Ivey Jackson Johnson of Jenkins Kennedy of Turner Killian Lowe of Oglethorpe Mallory Mas see Matheson of Hart Mauldin McGarity McWhorter Mull Murphey of Crawford Murphy of Haralson Murr Musgrove
Odom Parker Peacock Perkins Pettey Phillips of Walton Pickard Potts Raulerson Rodgers Sognier Souter Stephens of Clarke Stevens of Marion Stripling of Coweta Tamplin Turk Upshaw Weems Wheeler Willis
GENERAL AGRICULTURE COMMITTEE NO. 1
Mauldin, Chairman Lanier, Vice-Chairman Brannen, Secretary
Barber of Colquitt Barber of Jackson Black Bolton Callier Cheek Clary Cloud Coker of Cherokee Dozier Flynt Fowler of Douglas Freeman Frier Garrard Goodson Green of Rabun Grimsley Harrell Jones of Worth Jones of Sumter Kitchens Lavender
Lindsey McCracken Murphey of Crawford Murr Musgrove Palmer Perkins Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Roughton Russell Short Singer Stephens of Clarke Strickland of Toombs Tamplin Todd Turk Walker Wheeler
Willis Wilson of Peach Wooten
GENERAL AGRICULTURE COMMITTEE NO. 2
McGarity, Chairman Murphey of Haralson, Vice-Chairman C:ates, Secretary
Ayers Blackburn Bodenhamer
WEDNESDAY, JANUARY 12, 1955
57
Cason Coxwell Deen Elder English Fordham Fowler of Tift Gillis Gross of Dade Hardaway Harris Henderson Hodges Hogan Houston Hudson Hurst Johnson of Jenkins Jordan Kelley Kennedy of Tattnall
Kilgore King of Pike Lam Long Love of Catoosa Lowe of Oglethorpe McKelvey McKenna Moorman Parker Pelham
Peters Raulerson Ray Smith of Evans Tanner Underwood of Montgomery Upshaw Williams Wilson of Towns
GENERAL JUDICIARY COMMITTEE NO. 1
Scoggin, Chairman Musgrove, Vice-Chairman Sognier, Secretary
Chambers Eyler Foster Fowler of Tift Freeman Gross of Stephens Hawkins
Huddleston Jackson Key Killian
Lokey Matthews McCracken McWhorter Rowland Smith of Emanuel Stephens of Clarke Strickland of Toombs Tarpley Twitty
Veal Wright Young
GENERAL JUDICIARY COMMITTEE NO. 2
Carlisle, Chairman Stripling of Coweta, Vice-Chairman Nilan, Secretary
Adams Allen Bagby Bentley Blackburn Bloodworth Bolton Caldwell
Cates Coker of Walker Deen Denmark
Frier Garrard Goodson Gunter Jones of Laurens Kennedy of Tattnall King of Chattahoochee Mashburn McKenna Moorman Murr Murphy of Haralson Nightingale Ray Russell
58
JOURNAL OF THE HOUSE,
Sanders Scoggin Sheffield
Underwood of Bartow Watson Willingham
GEORGIA STATE SANITARIUM COMMITTEE
Jackson, Chairman Massee, Vice-Chairman Hendrix, Secretary
Barber of Colquitt Black Brannen Boggus Campbell Chastain Deal Duke English Gross of Dade Green of Rabun Greene of Crisp Grimsley Henderson Hodges Johnson of Jenkins Jones of Sumter
Kennedy of Tattnall Mashburn Matheson of Hart McKelvey Mincy Nightingale Nilan Palmer Perkins Register Roughton Tarpley Turk Underwood of Bartow Underwood of Montgomery Upshaw Veal Watson Wilson of Towns
GEORGIA SCHOOL FOR THE DEAF COMMITTEE
Weems, Chairman Wright, Vice-Chairman Lam, Secretary
Ayers Bagby Bentley Blackburn Caldwell Campbell Cason Coker of Walker Cornelius Cotton Denson Drinkard Duncan Edenfield
Floyd Flynt Gilleland Gunter Harris Hayes Johnson of Gilmer Kilgore King of Whitfield Lokey Long Moore Raulerson Tanner Underwood of Bartow Veal
HALLS AND ROOMS COMMITTEE
Rutland, Chairman Cowart, Vice-Chairman Gross of Stephens, Secretary
Bentley Black
Bolton
Campbell Chastain Clary Cloud Cocke Cotton
WEDNESDAY, JANUARY 12, 1955
59
Floyd Fordham Fowler of Tift Greene of Crisp Hardaway Hendrix Holley King of Chattahoochee Lanier Lavender Mackay Murphy of Haralson
Pelham Perkins Rodgers Singer Smith of Emanuel Stevens of Marion Todd Weems Williams Willingham Wright
HISTORICAL RESEARCH COMMITTEE
Moorman, Chairman Chambers, Vice-Chairman Bentley, Secretary
Adams Ayers Baughman Birdsong Black Bloodworth Brannen Cloud Coker of Walker Cotton English Freeman Garrard Goodson Gross of Stephens Gunter Harrell Hayes
Henderson Hodges Jones of Sumter Jordan Kilgore Lam Mackay Mathis of Lowndes Matthews McCracken Peters Ray Russell Stephens of Clarke Tanner Tarpley
Underwood of Montgomery Veal Watson Williams Young
HYGIENE AND SANITATION COMMITTEE
Mashburn, Chairman Mincy, Vice-Chairman Huddleston, Secretary
Adams Barber of Jackson Baughman Birdsong Brannen Clary Cocke Coker of Cherokee
Coker of Walker Fordham Gillis Goodson Green of Rabun
Harrison of Wayne Hendrix Jones of Lumpkin Kennedy of Tattnall Kennedy of Turner King of Chattahoochee Lanier Lavender Mathis of Lowndes Matthews McCracken McGarity McKelvey Palmer Peacock Pettey
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JOURNAL OF THE HOUSE,
Russell Singer
Willingham Willis
INDUSTRIAL RELATIONS COMMITTEE
Rowland, Chairman Twitty, Vice-Chairman Ivey, Secretary
Adams Bagby Barber of Colquitt Barber of Jackson Blackburn Chambers Cheatham Cornelius Denmark Foster Fowler of Tift Freeman Groover Gross of Stephens
Holley Huddleston Killian Lavender McKenna Murr Nilan Phillips of Walton Russell Rutland Scoggin Sheffield Souter Strickland of Toombs Tarpley Willingham Young
INSURANCE COMMITTEE
Russell, Chairman Reed, Vice-Chairman Murphey of Crawford, Secretary
Adams Allen Bagby Barber of Colquitt Barber of Jackson Blalock Brannen Chambers Garrard Hall Harrison of Wayne Hogan Ivey Jackson Jones of Worth Kilgore
Lanier Mas see Matheson of Hart Matthews McCracken Murr Peacock Pettey Phillips of Walton Ramsey Roughton Smith of Emanuel Smith, M. M. of Fulton Souter Stevens of Marion Underwood of Bartow Weems Williams
INTERSTATE CORPORATION COMMITTEE
Sheffield, Chairman Mincy, Vice-Chairman Drinkard, Secretary
Groover Phillips of Columbia
INVALID PENSIONS AND SOLDIERS HOME COMMITTEE
Grimsley, Chairman Moore, Vice-Chairman Walker, Secretary
Ayers Bolton Carlisle
WEDNESDAY, JANUARY 12, 1955
61
Cotton Deen Floyd
Foster Gross of Stephens Harrison of Jeff Davis Johnson of Gilmer Lavender McKenna Moorman
Murphy of Haralson Perkins Peters Register Sanders Stevens of Marion Truelove Watson Weems Wilson of Towns
JOURNALS COMMITTEE
Boggus, Chairman Deal, Vice-Chairman Veal, Secretary
Birdsong Brannen Cates Coker of Walker Cowart Dozier Fowler of Douglas Gilleland Harris Harrison of Jeff Davis Hendrix Hodges
Hurst Kelley Killian Lokey Lowe of Oglethorpe Martin Mobley Raulerson Sivell Tanner Tarpley Terrell Turk Underwood of Bartow Weems
LEGISLATIVE AND CONGRESSIONAL RE-APPORTIONMENT COMMITTEE
Goodson, Chairman Odom, Vice-Chairman Fordham, Secretary
Ayers Carlisle Cason Cates Cloud Cowart Deal Duke Hall Harris Holley Huddleston Johnson of Gilmer
Key Lavender Mackay Matthews Mauldin Peters Raulerson Ray Rowland Sanders Smith of Emanuel Smith, M. M. of Fulton Terrell Twitty Walker
MANUFACTURERS COMMITTEE
Smith, M. M. of Fulton, Chairman Jones of Sumter, Vice-Chairman Smith of Evans, Secretary
Bentley
Bolton
Brannen Brown Cason
62
JOURNAL OF THE HOUSE,
Cheatham Clary Cornelius Cowart Deal Eyler Fain Fowler of Douglas Harrison of Jeff Davis Hurst Ivey Johnson of Gilmer Killian King of Whitfield Lam Long
Martin Mathis of Lowndes McKelvey Mobley
Mull Nilan Pelham Peters Strickland of Toombs Tanner Tarpley Truelove Twitty Underwood of Montgomery Willis Young
MILITARY AFFAIRS COMMITTEE
Murr, Chairman McKenna, Vice-Chairman Fowler of Douglas, Secretary
Chambers Cheatham Cheek Cowart Denmark Fain Gillis Gunter Hurst Jordan Kelley Killian King of Whitfield
Mackay Mathis of Lowndes Mauldin McGarity McKelvey Mincy Nilan Odom Sheffield Smith, H. of Fulton Stripling of Coweta Turk Underwood of Bartow Walker Watson Young
MINES AND MINING COMMITTEE
Mull, Chairman Gross of Dade, Vice-Chairman Long, Secretary
Cornelius Fowler of Douglas Gilleland Gross of Stephens Harrell Harrison of Jeff Davis Hayes
Houston Johnson of Gilmer Jones of Lumpkin Key
King of Pike Lam Lanier Love of Catoosa Mashburn McGarity Mobley Moore Register Tarpley Truelove Weems Wilson of Towns
WEDNESDAY, JANUARY 12, 1955
63
MOTOR VEHICLES COMMITTEE
Jones of Lumpkin, Chairman Jessup, Vice-Chairman Tamplin, Secretary
Ayers Bagby Birdsong Black Blalock Brannen Callier Chastain Cheek Drinkard Floyd Freeman Garrard Gillis Gross of Dade Hall Jackson Kitchens
Lowe of Oglethorpe Mallory McCracken McKelvey McKenna Mincy Mull Murphy of Crawford Nilan Peacock Pickard Ray Rowland Rutland Sivell Smith of Emanuel Smith, M. M. of Fulton Souter Stevens of Marion Strickland of Toombs Willingham
MUNICIPAL GOVERNMENT COMMITTEE
Smith, Hoke, of Fulton, Chairman Young, Vice-Chairman Hayes, Secretary
Allen Caldwell Chastain Denson Duke Edenfield Eyler Greene of Crisp Grimsley Hall Hardaway Harrison of Jeff Davis Harrison of Wayne Hawkins Jackson Jones of Laurens Jones of Sumter
Jones of Worth Kennedy of Tattnall King of Pike King of Whitfield Mathis of Lowndes McKelvey Moore Murr Nightingale Peters Register Rutland Sognier Stripling of Coweta Terrell Underwood of Montgomery Veal Wilson of Peach Wright
PENITENTIARY COMMITTEE
Harrison of Wayne, Chairman Foster, Vice-Chairman Potts, Secretary
Bagby Blackburn Brannen Cates
Cocke Coxwell Denmark Drinkard Greene of Crisp Grimsley Hendrix
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JOURNAL OF THE HOUSE,
Johnson of Jenkins Kennedy of Tattnall Martin Matheson of Hart McGarity Mincy Murphey of Crawford Murr Peacock Pelham Perkins Phillips of Walton
Rowland Short Singer Stevens of Marion Stripling of Coweta Tamplin Turk Underwood of Bartow Upshaw Weems Williams
PENSIONS COMMITTEE
Sivell, Chairman Matthews, Vice-Chairman Moorman, Secretary
Cason Cates Drinkard Elder Fain Frier Gross of Dade Harrison of Jeff Davis Hogan Houston Hudson Johnson of Jenkins Jordan
Kelley Kennedy of Tattnall Key Kitchens Long McKelvey Moore Palmer Parker Rutland Smith, M. M. of Fulton Todd Underwood of Montgomery Watson Wilson of Towns
PRIVILEGES AND ELECTIONS COMMITTEE
Adams, Chairman Smith of Emanuel, Vice-Chairman King of Whitfield, Secretary
Bagby Bodenhamer Callier Flynt Fowler of Douglas Groover Hawkins Hurst Kelley Kennedy of Turner Key
Killian King of Chattahoochee Land Lanier Lindsey Lokey Long Martin Mauldin Parker Rodgers Sognier Stevens of Marion Stripling of Coweta
PRIVILEGES OF THE FLOOR COMMITTEE
Cates, Chairman Houston, Vice-Chairman Elder, Secretary
Campbell
Carlisle Fordham Foster Hall
WEDNESDAY, JANUARY 12, 1955
65
Jessup Kennedy of Turner Killian King of Pike King of Whitfield Kitchens Lindsey Lokey Love of Catoosa Massee Matheson of Hart Mathis of Lowndes Matthews
Moore Nilan Palmer Parker Peters Pettey Raulerson Rodgers Short Tanner Underwood of Montgomery Wooten
PUBLIC HIGHWAY COMMITTEE NO. 1
Wooten, Chairman Pickard, Vice-Chairman Gross of Dade, Secretary
Adams Barber of Colquitt Baughman Birdsong Black Blackburn Blalock Bodenhamer Brown Campbell Callier Carlisle Chambers Chastain Cheek Cloud Cocke Coker of Cherokee Denmark Duncan Edenfield Flynt Foster Frier Garrard
Gillis Grimsley Harrison of Wayne Hawkins Hurst Ivey
Jones of Lumpkin Jones of Worth Jordan Lowe of Oglethorpe Mallory Massee Mincy Moorman Peacock Potts Rodgers Ruark Sanders Short Singer Sognier Souter Tamplin Wheeler Willingham Wright
PUBLIC HIGHWAY COMMITTEE NO. 2
Roughton, Chairman Odom, Vice-Chairman Caldwell, Secretary
Allen Ayers Bagby Bloodworth Cates Coxwell
Davis Deen Denson Elder Fain Fowler of Tift Freeman Green of Rabun Greene of Crisp
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JOURNAL OF THE HOUSE,
Hardaway Hayes Hendrix Holley Hogan Houston Jessup Johnson of Jenkins Kelley Kennedy of Tattnall Key King of Pike Kitchens Lindsey Long Love of Catoosa Mashburn
Mathis of Lowndes McCracken Murphey of Crawford Nightingale Parker Peters Ramsey Ray Reed Smith of Evans Smith, l\L M. of Fulton Truelove Underwood of Bartow Upshaw Watson Williams Wilson of Towns
PUBLIC LIBRARY COMMITTEE
Ramsey, Chairman Bloodworth, Vice-Chairman Martin, Secretary
Chambers Chastain Cheek Cloud Cowart Coxwell Davis Dozier Drinkard Duke Duncan
Elder Eyler Fain Floyd Foster Hurst King of Pike Love of Catoosa Lowe of Oglethorpe Lindsey Lokey Moore Tamplin Williams
PUBLIC PRINTING COMMITTEE
McWhorter, Chairman Palmer, Vice-Chairman Harris, Secretary
Chastain Cornelius Drinkard Flynt Fordham Foster Grimsley Gross of Dade
Hardaway Harrell Hayes Henderson Hendrix Hodges Holley Houston Johnson of Jenkins Moore Underwood of Montgomery
PUBLIC PROPERTY COMMITTEE
Callier, Chairman Mathis of Lowndes, Vice-Chairman Brown, Secretary
Allen
Ayers Barber of Jackson Baughman Bentley
WEDNESDAY, JANUARY 12, 1955
67
Cornelius Edenfield Fain Fowler of Douglas Greene of Crisp Hudson Jones of Lumpkin King of Pike Moore Parker Ramsey Ray Register
Sivell Smith of Evans Smith, M. M. of Fulton Tamplin Tarpley Todd Truelove Underwood of Montgomery Upshaw Weems Willis Wilson of Peach Wilson of Towns
PUBLIC UTILITIES COMMITTEE
Pickard, Chairman Mallory, Vice-Chairman Rutland, Secretary
Bagby Bentley Birdsong Callier Cheatham Clary Denson Duncan Fowler of Tift Frier Gillis Gunter Hardaway Hawkins Hogan Holley Huddleston Kennedy of Tattnall
Killian Matthews McWhorter Mincy Mull Musgrove Odom Potts Register Rowland Russell Scoggin Sognier Smith of Evans Smith, Hoke of Fulton Strickland of Toombs Tarpley Watson Wilson of Towns Wooten Wright
PUBLIC WELFARE COMMITTEE
Terrell, Chairman Boggus, Vice-Chairman Allen, Secretary
Adams Barber of Jackson Birdsong Blackburn Blalock Bodenhamer Brown Carlisle Cheatham Cheek Cotton Denson Duncan
Eyler Fain Foster Goodson Gross of Stephens Harrell Hawkins Hayes Jessup King of Chattahoochee Kennedy of Tattnall Mashburn Matheson of Hart McKenna McWhorter Murphy of Haralson
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JOURNAL OF THE HOUSE,
Musgrove Nightingale Parker Pelham Perkins Phillips of Columbia Reed
Ruark Scoggin Sheffield Singer Willis Wilson of Peach Wooten
RAILROADS COMMITTEE
Holley, Chairman Ray, Vice-Chairman Strickland of Toombs, Sec.
Bloodworth Bolton Brannen Brown Caldwell Ivey Jones of Laurens Jones of Sumter King of Pike King of Whitfield McCracken Moore Moorman
Mull Peacock Register Sanders Smith of Evans Smith, M. M. of Fulton Sognier Stripling of Coweta Tamplin Tanner Willis Wilson of Peach Wooten Wright Young
RULES COMMITTEE
Mr. Speaker, Chairman Groover, Vice-Chairman Scoggin, Secretary
Allen Barber of Jackson Bodenhamer Carlisle Cloud Coker of Cherokee Cowart Denson Drinkard Duke Duncan Floyd Flynt Gilleland Green of Rabun Harrison of Wayne Hawkins Ivey Jackson Kennedy of Turner Land Lindsey Mashburn
Mas see Mincy McGarity Murr Odom Phillips of Walton Pickard Potts Ramsey Roughton Rowland Rutland Sanders Sheffield Short Sivell Smith of Emanuel Smith, Hoke of Fulton Souter Stephens of Clarke Terrell Todd Twitty Upshaw Wheeler Willingham
WEDNESDAY, JANUARY 12, 1955
69
SANITARIUM AT ROME AND ALTO COMMITTEE
McKelvey, Chairman Jordan, Vice-Chairman Hall, Secretary
Ayers Campbell Davis Fordham Foster Fowler of Douglas Grimsley Henderson Hodges Johnson of Gilmer Johnson of Jenkins Jones of Laurens Jones of Sumter
Kelley King of Chattahoochee King of Pike King of Whitfield Killian Martin Moore Murphy of Haralson Scoggin Sivell Truelove Upshaw Weems Wilson of Towns Wright
SPECIAL APPROPRIATIONS COMMITTEE
Barber of Colquitt, Chairman Veal, Vice-Chairman Blackburn, Secretary
Bloodworth Boggus
Caldwell Foster Hogan Holley Hurst Jessup Johnson of Jenkins Jones of Laurens Jones of Worth King of Pike King of Whitfield Kitchens Lam
Martin Matthews McGarity Mobley Moore Musgrove
Nilan Pettey Phillips of Columbia Potts Raulerson Stripling of Coweta Todd Truelove Turk Upshaw Willis Young
SPECIAL JUDICIARY COMMITTEE
Hawkins, Chairman Birdsong, Vice-Chairman Mackay, Secretary
Black Campbell Cates Cheek Clary Cornelius Cotton Cowart Coxwell Duke Hayes
King of Whitfield Smith, Hoke of Fulton Smith, M. M. of Fulton Souter Stevens of Marion Tamplin Truelove Turk Underwood of Bartow Underwood of Montgomery Walker Watson Weems Wheeler
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JOURNAL OF THE HOUSE,
Williams Willis
Wilson of Peach Wilson of Towns
STATE OF THE REPUBLIC COMMITTEE
Drinkard, Chairman Sheffield, Vice-Chairman Turk, Secretary
Allen Barber of Colquitt Barber of Jackson Baughman Blalock Bodenhamer Cheek Coker of Cherokee Coker of Walker Cotton Denmark Denson Duncan Floyd Flynt Fowler of Tift Green of Rabun Groover Harrison of Wayne Hawkins Huddleston Ivey Jackson Kennedy of Turner
Land Lindsey Mashburn Mas see Matheson of Hart McGarity Mincy Murphey of Crawford Odom Pettey Phillips of Walton Pickard Potts Rodgers Roughton Rowland Russell Scoggin Sivell Souter Stephens of Clarke Terrell Todd Twitty Wheeler Willingham Wilson of Peach
STATE PRISON FARM COMMITTEE
Stevens of Marion, Chairman Clary, Vice-Chairman Eyler, Secretary
Cloud Cocke Cotton Davis Deal Denmark Dozier Elder Fain Fordham Fowler of Douglas Freeman
Grimsley Gross of Dade Hardaway Jones of Laurens King of Whitfield Kitchens Lanier Moorman Smith of Evans Strickland of Toombs Stripling of Coweta Truelove Turk Wooten
TEMPERANCE COMMITTEE
Coker of Walker, Chairman Edenfield, Vice-Chairman Kennedy of Turner, Secretary
Baughman Boggus Chastain
WEDNESDAY, JANUARY 12, 1955
71
Cheatham Cocke Coker of Cherokee Cowart Coxwell Denson Groover Holley Huddleston Jackson Jones of Worth King of Chattahoochee McKenna
Murphey of Crawford Peacock Phillips of Walton Pickard Ramsey Sheffield Smith, H. of Fulton Smith, M. M. of Fulton Souter Upshaw Wheeler Willingham
TRAINING SCHOOLS COMMITTEE
Matheson of Hart, Chairman Duke, Vice-Chairman
Houston, Secretary Chastain English Flynt Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Gross of Dade
Gross of Stephens Hall Harrell Harris Harrison of Jeff Davis Hayes Lam Land Mas see Perkins Watson
UNIFORM STATE LAWS COMMITTEE
Bolton, Chairman Bagby, Vice-Chairman Parker, Secretary
Bentley Bloodworth Caldwell Cates Chastain Davis Deal Deen Elder English Gross of Dade
Hall Holley Jones of Laurens Kilgore King of Pike Lindsey Lowe of Oglethorpe Mallory McWhorter Rutland Smith of Emanuel Tarpley Veal Willis
UNIVERSITY SYSTEM OF GEORGIA COMMITTEE
Duncan, Chairman Barber of Jackson, Vice-President
Deen, Secretary Bagby Birdsong Blalock Bolton Campbell
Cason Chambers Cheek Clary Coker of Cherokee Coker of Walker Davis Duke
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JOURNAL OF THE HOUSE,
Elder Eyler Fain Fowler of Douglas
Fowler of Tift Freeman Gilleland Groover Hardaway Hayes Hogan Huddleston Jessup Jones of Lumpkin Kelley Key Killian Lam Land Lavender Lokey Love of Catoosa Lowe of Oglethorpe Mallory
Mas see
Matthews McWhorter Moorman Murphy of Haralson Murr Musgrove Perkins Reed Register Roughton Rowland Ruark Russell Sheffield Short Smith of Emanuel Smith, Hoke of Fulton Smith, M. M. of Fulton Stephens of Clarke Stripling of Coweta Tamplin
Walker Williams Wilson of Peach Young
VETERAN AFFAIRS COMMITTEE
Floyd, Chairman Perkins, Vice-Chairman Peters, Secretary
Bagby
Bolton Campbell Cason Clary Cloud Cotton Deen Denson Dozier Duke Edenfield Elder English Eyler
Foster Hayes Lanier Lavender Lokey
Matheson of Hart McKenna Nilan Nightingale Roughton Scoggin
Short Stevens of Marion Strickland of Toombs Stripling of Coweta Wooten Wright
WAYS AND MEANS COMMITTEE
Blalock, Chairman Lokey, Vice-Chairman Key, Secretary
Baughman Blackburn Chastain Cheatham
Cloud Coker of Walker Cornelius Cotton Cowart Floyd Flynt
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73
Fowler of Douglas Fowler of Tift Frier Garrard Green of Rabun Grimsley Harrell Hogan
Ivey Jackson Jones of Lumpkin Kennedy of Turner Land Lindsey Mallory
Massee Musgrove Nilan Odom Peacock Perkins Pickard
Potts Ramsey Ray Rowland Rutland Sanders Scoggin Short Smith of Emanuel Souter Stephens of Clarke Stevens of Marion Stripling of Coweta Tamplin Turk Twitty Underwood of Bartow Wheeler Willingham Wilson of Peach Wright
WESTERN AND ATLANTIC RAILROAD COMMITTEE
Underwood of Bartow, Chairman Ruark, Vice-Chairman Fowler of Tift, Secretary
Bagby
Bentley Boggus
Campbell Cocke Coker of Walker Coxwell Davis Denmark Elder Floyd Fowler of Douglas Frier Gross of Stephens Houston
Johnson of Jenkins Jones of Sumter King of Whitfield Mallory Mashburn Mull Palmer Perkins Reed Rodgers Roughton Singer Walker Weems Williams Wilson of Towns Wright
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House.
2. First reading and reference of Bill and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
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JOURNAL OF THE HOUSE,
HB 1. By Messrs. Moate of Hancock, Groover of Bibb, Odom of Camden, Willingham of Cobb, Weems of Chattooga, Sheffield of Brooks, Long of Murray, Nilan of Muscogee, Harrison of Wayne, and many others.
A Bill to be entitled an Act to Create the State Highway Board of the State of Georgia, and for other purposes.
Referred to the Committee on State of Republic.
HB 2. By Messrs. Floyd of Chattooga, Moate of Hancock, Willingham of Cobb, Groover, of Bibb, Scoggin of Floyd, Sheffield of Brooks and Weems of Chattooga:
A Bill to be entitled an Act to provide for the registration of motor vehicles and issuance of motor vehicle licenses and license plates by tax collectors and tax commissioners of the various counties, and for other purposes.
Referred to the Committee on State of Republic.
HB 3. By Mr. Fain of Franklin:
A Bill to be entitled an Act to amend the charter of the City of Carnesville; so as to provide that the mayor and council of the City of Carnesville shall have full control over the streets, sidewalks, alleys and lanes of said city, and for other purposes.
Referred to the Committee on Municipal Government.
HR 10-3a. By Mr. Green of Rabun:
A Resolution authorizing compensation to Alley Jarrard for damages to his pickup truck; and for other purposes.
Referred to the Committee on Special Appropriations.
HB 4. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to provide for the hours of holding elections in certain counties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Counties and County Matters.
Certain documents involving contests for the seats from Stephens and Fannin Counties were filed with the Clerk by the Speaker, and referred to the Committee on Privileges and Elections by the Speaker.
Representative Short of Colquitt gave a short summary of the following report, which was submitted to the House:
REPORT OF COMMITTEE TO STUDY JUVENILE DELINQUENCY AND THE TRAINING SCHOOL SYSTEM
Mr. Speaker:
Your special committee to study juvenile delinquency and the training school system reports to the House as follows:
WEDNESDAY, JANUARY 12, 1955
75
Establishment and Composition.
This committee was set up by the adoption of House Resolution 309-985d at the November-December 1953 session of the General Assembly. The committee is composed of the Honorables Arnold Parker and Robert H. Green, Baldwin County; Honorable Denmark Groover, Jr., Bibb County; Honorable Chappelle Matthews, Clarke County; Honorable Jack Short, Colquitt County; and Honorable Marvin Brazeal, Terrell County.
Purpose and Scope.
Under the terms of the resolution of establishment, the committee was charged with the duty of studying "juvenile delinquency and the Georgia training school system, and methods of combatting and controlling delinquency."
The committee was further directed to report its findings back to the next session of the General Assembly with the committee recommendations relating to those findings and specifically with recommendations as to the advisability of establishing a permanent board to deal with problems relating to juvenile delinquents.
The committee was limited by the resolution to fifteen days' activity and to travel within the State.
Procedure Adopted:
At the first meeting of the committee it was determined that the study would be conducted on two major lines: (1) Needs and methods for prevention of or reduction in delinquency; (2) Correction or training of those who had become problem delinquents.
I
NEEDS AND METHODS FOR PREVENTION OF OR REDUCTION IN DELINQUENCY:
A. The Investigation.
The committee felt that the best source of information in the field of predelinquency prevention lay with those men and women in the state, some professional, some amateur, some paid, some laboring through devotion, who daily dealt with children and were cognizant with the problems presented in this particular field. We therefore determined to hold a series of public hearings in various sections of the state to try and get the ideas and suggestions of these people. We were mindful of the fact that this House must deal with the problem as it existed on a state-wide basis as it affected non-urban as well urban communities, and therefore although the hearings proper were held in the larger cities, we invited and obtained the participation in those hearings of persons from the surrounding areas which the committee felt gave it a good insight into the situation and problems generally.
In this phase, hearings were held in Macon, Milledgeville, Columbus, Augusta and Savannah, and the actual number of persons heard from was 96, with
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JOURNAL OF THE HOUSE,
the persons in attendance being between 400 and 500. These hearings consumed a total of 181,4 hours of actual testimony. The people giving such testimony were several superior court judges, several juvenile court judges, several probation officers, men and women of civic clubs such as P.T.A., Y.M.C.A., Y.W.C.A., Kiwanis Club and other civic clubs who were charged in their individual groups with the responsibility of initiating and conducting a program having to do with the subject of this investigation. So it is the committee feels that in this phase of the problem it fairly completely covered the field in the time as limited by the resolution.
B. Questions Presented.
The committee felt that to carry out its functions properly it should attempt to determine the answer to the following basic questions:
(1) Is juvenile delinquency an increasing problem in Georgia? (2) What are the apparent causes for the situation? (3) Can anything be done to reduce the delinquent incidence? ( 4) Does the State have a proper role in the preventive field? C. Committee Findings. (1) Is juvenile delinquency an increasing problem in Georgia?
The committee feels, based upon the figures presented to it, that there is little question that the incidence of delinquency in juveniles is an increasing problem in Georgia. This is not to say that juveniles of this generation are "worse" than children in previous generations but as pointed out below the factors felt to contribute primarily to delinquency are more prevalent than in other years.
Most of the persons dealing directly with the problem expressed concern over the situation and the apparent trend upward. It was noted, however, that the situation was not as acute as during the war years. It was further significant that in areas with adequate facilities for dealing with delinquents, particularly in the field of probation, the disposition of cases prior to the serious state was better than areas without such facilities. In such cases it was noted that the percentage of cases handled which ultimately had to be referred to state corrective institutions was considerably lower.
It was further noted with alarm that the increase in delinquency was primarily in the earlier years, that is, in the age group between 10 and 14.
It was determined that the increase is not primarily a problem of the white o:r colored race, although the incidence of delinquency is higher per thousand children in the colored race than in the white race. The increase-the problem with which we were primary concerned-eannot be attributed primarily to one race rather than to another.
It is further noted that this problem is like the racial aspect, not one which confines itself to the lower income persons but rather is also present in those social and economic groups which might normally be expected to more adequately
WEDNESDAY, JANUARY 12, 1955
77
supervise their children and whose position eliminated them from the economic factors frequently found to be contributory to the problem.
This committee is therefore of the firm opinion that juvenile delinquency is an increasing problem in Georgia of such scope and complexity as to deserve the attention and action of the State.
(2) What are the apparent causes of: (a) present increase?
(a) The apparent cause of delinquency.
delinquency; and (b) the
Your committee had many and varied reasons given it by the various persons as to their own individual ideas and observations as to the cause of delinquency among juveniles.
The committee wishes that it were possible to set out in this report the varying suggestions and ideas presented to it, but brevity p1ohibits, although we feel that it would be of value to all of the people of Georgia to have the benefit of the various observations made in this connection.
Almost without exception those appearing would lay the basic blame of delinquency on the parents. Some thought that the subject would better be denominated "parental delinquency" or "parental neglect" rather than "juvenile delinquency." It was felt, and facts seemed to back up the conclusion that the parents are shirking the real responsibility of parenthood-not necessarily in failing to provide material benefits-indeed, sometimes the furnishings of such benefits was a contributing factor-but because they did fail to provide the necessary personal supervision and guidance to their children-too often, fathers did not take an essential part in the child's schooling, curricular and extra-curricular. Too often mothers worked when there was no actual economic need but merely to provide non-essential material benefits. Too often the supervision of the growing child was in the hands of a third person. Frequently the only real guidance and discipline the child received was in school, and even in some cases the parent would fail or refuse to cooperate with the teacher or visiting teacher when a child's delinquent tendencies were called to their attention. The attitude of some parents was that they couldn't or wouldn't discipline the child and wouldn't allow others in responsibility to do so-frequently with tragic results.
As a part of this phase of lack of parental care was the all-important "broken home" situation which existed. The committee found that this phase and factor of broken home not only included homes which were the victims of divorce and actual breaking, but also homes which, although in fact kept together, had such an atmosphere of unfriendliness between the parents, bickering, arguing, fussing and other manifestations of dissension that they adversely affected the child's outlook and guidance. Indeed, this latter type of home was found in most cases to be worse upon the child than one which had actually been severed when it no longer become possible to maintain a joint and amicable relationship.
Another factor contributing to the problem was the excessive free time of children without supervision and without responsibilities and duties. It was felt that it was in the interest of the child and the community for the child to be kept busy.
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Another factor presents itself in children not properly adjusted, to whom facilities are not available for proper treatment.
There are other factors such as economic, housing and similar ones, all of which enter into and contribute to the incidence of delinquency.
Not to be overlooked were the many complaints directed toward literature such as comic books (if they can be properly called literature) and other "slick paper" magazines which together with various television and radio shows and programs place undue emphasis on criminal activities-thus giving added luster to crime, and on sex without proper regard to the audience which will undoubtedly be among the viewers or listeners.
However, the committee feels that all of these contributing factors are to a large degree within the scope of the general parental fault. The lack of discipline to which we refer is not that thought of in terms of harsh and strict control but is discipline derived from parental guidany and interest. It is our thought that if there can be instilled into the minds of the public the danger in which they place their own child by virtue of this lack of discipline, guidance and interest-that a new awareness of parental responsibility would be created with salutary results on the subject of this investigation-delinquency.
(b) The present increase.
It was felt that the present increase in the rate of delinquency could be traced to some extent to the increase of idle time of the children, coupled with a larger percentage of working mothers. To some extent prosperity contributes to delinquency, because there is less demand for the child to help in the support of the family-more money for the child to spend and more facilities contributing to a wider range of activity. Prosperous times point up the basic need for a close-knit family group and emphasize that the child's sense of values, his growth into a part of the community, his awareness of his obligations as a citizen and respect for the rights of others are derivative from the home. It also points up the need for increased supervision and training in the home.
3. Can anything be done to reduce the delinquent incidence?
The committee feels that the boys and girls of today are no worse or better basically than those of other generations. We feel that they are Americans like their forbears, with a burning energy which needs more attention and proper direction-with a vastly increased range of knowledge of world affairs there has been a lack of parental and community understanding of their responsibility
to the children.
Although the fault primarily is with the parents, their lack of interest and, to some extent, the lack of moral outlook, this committee does not want to absolve from its responsibility the child itself because upon the child's shoulders rests a responsibility for his own future.
Something can be done-something has been done in many communities which have recognized the seriousness of the problem and have undertaken to do something.
Essentially it is a problem of proper facilities for the entertainment and
WEDNESDAY, JANUARY 12, 1955
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education of the child-a problem which of necessity has to be solved by each community according to its own needs. It should be emphasized that the need is there. Sometimes it is not recognized but its existence is real. Furthermore this is not a need which is secondary to other community activities. One of the primary accomplishments of the investigation-and if it accomplished nothing else this committee feels that that alone justified its existence and investigation, was to bring to the monay communities in which hearings were held and to the surrounding areas, a new awareness of their activities and responsibilities. The spotlight of need was properly focused and as a result of the unusually fine cooperation of the press, radio and television, for which this committee expresses its deep appreciation, for a period of months the subject was placed before the communities, the community responsibility was emphasized, and the interests stirred. The publicity given the subject-not the committee-could not been duplicated for three times the cost of this investigation, and this committee feels, as stated above, that that fact alone was of value to the State.
4. Does the State have a proper role in the preventive field?
As stated above, the committee feels that in the preventive field-that is in that realm that embraces parental and community responsibility for guidance and facilities, that prevention is manifestly a local problem. However, we believe the State has a proper function in helping in these fields-about which we will make specific recommendations later. Some are:
(a) The first opportunity for observation is by the school teacher-the first guidance by the visiting teacher. Here the State could and should help out in providing adequate teachers in the schools and adequate visiting teacher facilities so that the children can be treated more on an individual basis and as individual basis and as individual problems.
(b) Proper mental clinics about the State under the supervision of the State Health Department with facilities available to all areas to assist in the guidance of improperly adjusted children would in many instances place the child upon the right track before he departed from the delinquent tendency into a problem requiring training and correction at the expense of the State.
(c) A continued reminder of community responsibility and an agency for coordination and help to the individual community could make the problem of delinquency one in which the State has a constant interest rather than a spasmodic one, and in the field of coordination the untapped facilities of the vast number of civic groups composed of civic-minded men and women could be more properly and effectually directed toward the continued assisting in the handling of the problem.
II.
CORRECTION OR TRAINING OF THOSE WHO HAVE BECOME PROBLEM DELINQUENTS
A. The Investigation.
To determine the answer in this field of the committee's activity, the committee visited the training schools at Milledgeville and Macon and talked with the heads of the Welfare Department, held a hearing in Atlanta at which representatives of the Welfare Department, the Board of Corrections, the juvenile
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authorities of Fulton County, the Health Department, the Education Department and others were in attendance and gave the committee the benefit of their views and suggestions. In addition to this, at the other hearings enumerated in the first division of this report we had the benefit of juvenile authorities in the various communities and had those authorities as well as the judges of the superior courts in those areas who were ex officio charged with the responsibility of determining the extent and need for correction and training in the individual cases in that area.
Your Committee feels that in this line it also obtained a rather full insight into the situation. We do not mean to say that our investigation and consideration of this subject was exhaustive, because in the limited time, we manifestly could not become experts in a field which requires expertness. And we could not, without overlapping the functions of other standing committees of this House, investigate in detail the particular institutions. The scope of our activity in this division of the report was to determine in general the various training school methods in existence and the desirability, if any, for changes in the methods that we use in Georgia. Nothing in this report is intended to in any way reflect upon the work that is being done in the individual training schools or by the department presently charged with the responsibility of these schools. Our investigation simply did not cover this phase. We do make recommendations based upon our findings with reference to the method.
B. Scope.
In this phase the committee sought to determine: (1) The adequacy or inadequacy of the present juvenile law; (2) The adequacy of the training methods and program in use;
C. Committee Findings.
(1) The adequacy or inadequacy of the present juvenile law:
In general, your committee found that our juvenile law in use in Georgia is adequate, but we did find that it should be amended or supplemented in certain respects.
(a) Age.
There was much discussion about the question of the age limit now in the law. Presently a person is classed as a juvenile up to the age of 17 years and the juvenile court has original jurisdiction of such persons. Some people advocated the reduction in this age to 16, and some to 15, others advocated an extension of the age limit to include 18. However, your committee feels that at the present time the age limit should be left as it presently is and we do not feel that we are in a position to recommend a change with respect to the age limit one way or another.
(b) Detention.
Under the present law, no child shall at any time be detained in any police station, lock-up, jail or prison except by order of the judge in which
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the reasons therefor shall be specified a child 16 years of age or older whose conduct or condition is such as to endanger his safety or welfare or that of others in the detention facilities for children may be placed in jail or other place of detention for adults in a separate room.
This provision of the law has a salutary purpose, that is, the effort to prevent an association of a juvenile offender with a criminal and to prevent the juvenile offender from being treated as a criminal. However, your committee feels that the provision as it is presently written causes undue hardship and uncertainty on the peace officer in that it makes it very difficult for him to handle the juvenile offender once he is apprehended either in the commission of the offense or as a result of investigation. There are only three detention homes in the State of Georgia and in many nonurban counties when a juvenile offender was apprehended the police officer could not hold the offender without literally abandoning the rest of his duties until such time as he could turn the offender over to the court, and of course in many areas of the state the offender may be apprehended in one county whereas the judge (in those circuits where the judge of the Superior Court is judge ex officio of the juvenile court) might be away in another portion of the circuit and unavailable. Therefore we believe that this provision should be rewritten so as to authorize a police officer to detain a juvenile offender without undue hardship. This committee, however, wants it understood that it highly recommends to counties, where practical, the construction of proper facilities for the education of juveniles.
(c) Clerks.
There is some confusion with reference to the power of a judge of a Superior Court who is ex officio judge of a juvenile court to set up separate juvenile facilities such as a clerk and in many instances the judges are required to act as their own clerks. This works a hardship on those judges and is a deterrent toward good administration of the purposes of the Act in those areas where no juvenile court as such exists. Our recommendations with reference to probation officers should help in this connection.
(d) Probation Officers.
It was found that the most important portion of any crime deterrent, both in the preventive field and in dealing with the offender after he had been apprehended, is an adequate probation system. This state is absolutely without any such system and this committee feels, based upon its investigation, that it would be economically wise to establish a state-wide probation system which could be set up to handle not only the juvenile situation, where it is, in the opinion of the committee, absolutely essential, but could work in with the other phases of law enforcement. It was pointed out that it cost $2 and $3 a day to maintain prisoners in a state-provided institution, and the cost per person for those on probation is only a few cents a day. It becomes manifestly economically demanded that a proper probation system be instituted.
2. The Adequacy of Training Methods Used.
Many ideas were advanced about the methods used in Georgia with reference to the institutional training of juveniles. On a whole it was felt that the existing institutions have the proper perspective and objective wih reference to the
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training of juveniles. There exists an inadequacy of facilities in some respects, particularly with reference to the negro girls' training school in Macon, but inasmuch as there are permanent committees of this House under whose jurisdiction those institutions come, this committee will make no recommendations with reference to those institutions as such.
It was thought that too frequently the public and the officials charged with the responsibility tend to over institutionalize, and it was felt that the less a juvenile was subjected to institutional commitment the better would be his prospectus as a good and productive citizen of the future.
Some question as to the supervision of the training school system was raised, as to whether it was lodged with the proper department. Presently those schools are under the Welfare Department, but it was thought that in a theory at least, a division of the Department of Education would more properly be charged with the job of training and supervision of juveniles than would the Welfare Department for the reason that the needs of those juveniles are to a large measure school needs and the problem is one of preparation for the future and the Department of Education has the facilities.
Whatever agency is charged with the responsibility, it is felt, should take on the added responsibility of the job of continuing education to the public of its responsibility so that this agency not only becomes the active supervisor of training of juvenile offenders but becomes a state coordinating agency designed to reduce the incidence of juvenile delinquency by the continuing education of the public in their individual responsibility.
RECOMMENDATIONS OF THE COMMITTEE
This committee has covered many fields during the course of its investigation. The problem of juvenile delinquency touches into the filed of education, of welfare, of domestic relations, of correction, of health, and many other fields. As pointed out earlier, many ideas were advanced on all of the varying subjects having to do with the causes of juvenile delinquency and the proper method of treatment and handling of juveniles. This committee has endeavored to the very best of its ability to limit these recommendations to those things which we feel are absolutely essential and having in mind the already strained budget of the state, those things which we feel would be economically sound and would, rather than adding a burden to the state, ultimately bring about a reduction in costs to the state.
(1) The Juvenile Law.
We recommend:
(1) That Section 24-2416 of the Code, having to do with the apprehension and detention of children, be rewritten and revised so as to authorize officers in those counties having no juvenile detention facilities to apprehend and detain a juvenile offender in such a manner as that officer might be required to do in the discharge of his duties, with the limitation, however, that within 48 hours after the apprehension of that juvenile, the arresting officer or his immediate superior shall apply to the judge of the juvenile court having jurisdiction of the place where the child was apprehended for further directions with reference to said offender, and with the power in that judge to give such directions as might be meet and proper under the circumstances.
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(2) That Section 24-2403 (the third paragraph) of the Code, having to do with the judges of the superior courts who are ex-officio judges of the juvenile court, be rewritten so as to make it clear that such judges may on a circuit basis or on a county basis provide for a clerk of the juvenile court and in conjunction with the county authorities of that county or in collaboration with all the county authorities of that circuit, provide for the payment from county funds, individually or in conjunction with others, for said services.
(2) Probation System.
We recommend that there be established in the State of Georgia a system of probation officers whereby there is made available at state expense, one probation officer for each superior court judicial circuit. This probation officer is to be appointed by the judge of the superior court of that circuit, or by the senior judge where there is more than one judge, and in the course of his duties will be available at the discretion of said judge for pre-sentence investigation and report, probation work after sentence is imposed, and particularly for the probation of juveniles.
(3) The Georgia Youth Commission.
In order to more adequately discharge the state responsibility toward the social and emotional needs of children in this state, and in order to more adequately perform its proper function in the field of juvenile delinquency, it is recommended that this setate create a Georgia Youth Commission. It is recommended that this commission have jurisdiction over the training of juvenile offenders and those institutions having to do with them after they have been committed to state institutions, and with the power to make arrangements for the placement of such juveniles, at the direction of the juvenile judge having jurisdiction, in the state institution at Alto now under the jurisdiction of the Board of Pardons and Corrections. It is recommended that the probation system hereinabove recommended be under the jurisdiction of this commission and that one branch of this agency be devoted to that work. It is also recommended that as a branch of this commission there be a Youth Code committee charged with the responsibility to study existing laws and to make recommendations to the legislature for needed laws to protect children and to deal with the education of the public to its responsibility. It is estimated that this commission would cost approximately $175,000, and with the addition of the probation officers, probably a total cost of about $250,000 annually. It is felt, however, that perhaps not the first year but certainly in subsequent years this cost would be more than paid for out of the reduction in institution costs for juvenile, as well as adult, offenders. For example, for each child placed on probation rather than placed in the state training school, there is a saving of about $1,000 a year to the state. In one county which now has an adequate probation system, one of the larger counties, only four persons during the course of a year were sent to training schools out of the hundreds of cases that were handled.
(4) Visiting Teachers.
We recommend to the State Department of Education that it thoroughly consider the addition of more visiting teachers to its staff so that there should be one visiting teacher for each 3,000 or 4,000 enrollment of students. It is felt that in this field of endeavor the child's tendencies could be early detected and corrected rather than that child becoming a delinquent.
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Although we have no power to do other than recommend, this committee feels that it would be derelict in its duty if as a part of its general recommendations to the House it did not also recommend to each individual member of the House and each individual citizen of Georgia to make themselves aware of the problem which exists in Georgia and of their responsibility as a member of their individual community. We recommend and urge every civic organization of this state to adopt as one of its major programs, and to see that that program is adequately and actively implemented, a youth program designed to make the parents more aware of their responsibility to their children, designed to provide more recreational activities for the children of their particular community, designed to provide more adequate educational facilities for the children toward whom they have the responsibility of education, for only in a coordinated effort of all the peoples and groups who have community interest and responsibility at heart can the problem which has been the subject of this investigation be adequately dealt with.
RECOMMENDATIONS NOT MADE BUT WORTHY OF STATE CONSIDERATION.
There were several recommendations made by people appearing before us which merit serious consideration, but in the recognition of the economic limits of the state, this committee does not at this time recommend the adoption of those programs. Among them is the establishment, under the Department of Health, of a mental clinical system about the state at the approximate cost of $200,000. This clinic would make available to all the areas of Georgia services designed to help in the correction of maladjusted children, which maladjustment frequently leads to delinquency.
We make no recommendation with reference to the increase in the age of criminal responsibility.
We make no recommendation with reference to the printing of the names of juveniles.
The recommendations we do make, however, we earnestly solicit support of this House in their adoption.
CONCLUSION
That, Mr. Speaker, comprises the report of this committee to this House. This committee does not offer to this House nor to the people of Georgia through this report the hope of a panacea in the field of juvenile delinquency, for one of the present causes of the increase of the incidence of delinquency is the lack of concern of the public and awareness of the public of its individual responsibility. This committee does not hold itself out to have become within the short space of 15 days, plus such other time as was individually devoted to the subject, experts in the field of juvenile delinquency. We do hope that we have adequately assimilated and adequately presented for your consideration the ideas and recommendations presented to us by experts in the field. Certainly we of this committee feel that the time for action in this way is now. We feel that the House of Representatives has rendered to the State of Georgia in the expenditure of this sum of approximately $3,000 for the cost of this investigation, a service vastly in excess of that cost, and we hope that this House sees
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fit to adopt this report and will see fit to take favorable action on the recommendations herein submitted.
Respectfully submitted, Arnold Parker Baldwin County Chairman. Denmark Groover, Jr. Bibb County Vice-Chairman. Jack H. Short Colquitt County. Chappelle Matthews Clarke County. Robert H. Green Baldwin County. Marvin Brazeal Terrell County.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following resolutions of the Senate to wit:
SR 10. By Senator Millican of the 52nd:
A Resolution extending the condolences, sympathy and respect of the Senate, the House concurring, to the family and many friends of Former Governor Slaton.
The following Resolutions of the House and Senate were read and adopted:
SR 10. By Senator Millican of the 52nd:
A Resolution extending the sympathy of the General Assembly to the family and friends of former Governor John M. Slaton, and for other purposes.
HR 11. By Mr. Freeman of Monroe:
A Resolution wishing a speedy recovery from illness to Hon. B. Harvey Hodges of Butts County, and for other purposes.
HR 12. By Mr. Bentley of Cobb:
A Resolution commending the Garden Clubs of Georgia for their work in beautifying the State, and for other purposes.
Hon. Wm. B. Hartsfield, Mayor of the City of Atlanta, was presented to the House by the Speaker.
Mr. Groover of Bibb moved that the House do now adjourn until tomorrow morning at 10:00 o'clock, and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.
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Representative Hall, Atlanta, Georgia. Thursday, January 13, 1955.
The House met pursuant to adjournment this day at 10 :00 o'clock, A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain. By unanimous consent, the call of the roll was dispensed with.
Mr. Boggus of Ben Hill, 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 under the Rules of the House. 2. First reading and reference of Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 5. By Mr. Carlisle of Bibb:
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 Motor Vehicles.
HB 6. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act relating to the molestation of children, so as to raise the age from fourteen to sixteen years; and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 7. By Messrs. Mincy of Ware, Harrison of Wayne, Willingham of Cobb, Harrell of Grady and Foster of Clayton:
A Bill to be entitled an Act to amend an Act authorizing the State of Georgia to make grants to assist in the construction of public hospitals and public health centers, so as to increase the coverage of said Act, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
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87
HB 8. By Messrs. Perkins of Carroll, Matheson of Hart and Cowart of Calhoun:
A Bill to be entitled an Act to amend an Act known as the "Old Age Assistance Act" so as to provide that funds paid due to death caused from certain service in the armed forces shall not be taken into consideration when determining eligibility for assistance under the Act; and for other purposes.
Referred to the Committee on Public Welfare.
HB 9. By Messrs. Bentley and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to the inspection of public buildings and property, so as to provide for an annual inspection by the grand jury; and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 10. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act pertaining to the admission to the Bar of this State without examination of persons licensed to practice law in a foreign State or the District of Columbia, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 11. By Messrs. H. Smith, M. M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to provide for and regulate the payment of compensation out of the county treasurer of official court reporters of the superior courts in counties of this State having more than 450,000 population, and for other purposes.
Referred to the Committee on Municipal Government.
HB 12. By Messrs. H. Smith, M. M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act relating to Judges of City Courts, so as to provide that Judges of City Courts or like courts may, when authorized to do so by the City, preside and Act as Judge in any Court authorized to try municipal offenses in cities having more than 350,000 population, and for other purposes.
Referred to the Committee on Municipal Government.
HB 13. By Messrs. H. Smith, M. 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 provide that the Mayor and Board of Aldermen may classify businesses, trades and professions, and for other purposes.
Referred to the Committee on Municipal Government.
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HB 14. By Messrs. H. Smith, M. 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 provide that the Mayor and Board of Aldermen may provide by ordinance for the purchase of uniforms in the Police and Fire departments, and for other purposes.
Referred to the Committee on Municipal Government.
HB 15. By Messrs. H. Smith, M. M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to create a system of traffic courts for each city in this State having a population of more than 300,000, and for other purposes.
Referred to the Committee on Municipal Government.
HB 16. By Messrs. H. Smith, M. M. Smith and Lokey 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, the judges of the Civil Court of Fulton County and the Judges of the Juvenile Court of Fulton County, and for other purposes.
Referred to the Committee on Municipal Government.
HB 17. 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; to provide that the Mayor and Board of Aldermen shall have full power and authority and they may provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property, and for other purposes.
Referred to the Committee on Municipal Government.
HB 18. By Messrs. Nightingale and Killian of Glynn.
A Bill to be entitled an Act to amend the Charter of the City of Brunswick; to confer certain additional powers therein named with respect to closing and conveying certain streets and alleys upon its City Commission; and for other purposes.
Referred to the Committee on Municipal Government.
HB 19. 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; to annex territory to the corporate limits of the City of Monroe, and for other purposes.
Referred to the Committee on Municipal Government.
HB 20. 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 less than 11,500 and not more than
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89
11,800, to establish other banking facilities in the municipality in which the principal office is located, and for other purposes.
Referred to the Committee on Banks and Banking.
HB 21. By Mr. Hawkins of Screven.
A Bill to be entitled an Act to amend an Act, creating a new charter and municipal government for the City of Sylvania; so as to provide a recorder's court, and for other purposes.
Referred to the Committee on Municipal Government.
HB 22. By Mr. Hawkins of Screven.
A Bill to be entitled an Act to supplement the fees of the Ordinary of Screven County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 23. By Mr. Odom of Camden. A Bill to be entitled an Act to amend an Act incorporating the City of St. Marys, Camden County, by increasing and extending the corporate territorial limits of said city, and for other purposes.
Referred to the Committee on Municipal Government.
HB 24. By Mr. Cates of Burke. A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Burke County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 25. By Messrs. Birdsong and Lam of Troup. A Bill to be entitled an Act to repeal an Act relative to the salaries of officials in certain counties; to provide for the compensation of the Clerk of the Superior Court, the Sheriff, the Ordinary, and Tax Commissioner of Troup County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 26. By Mr. Denmark 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 27. By Mr. Denmark of Liberty.
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Liberty County into the office of Tax Commissioner of Liberty County, and for other purposes.
Referred to the Committee on Counties and County Matters.
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HB 28. By Mr. Denmark of Liberty.
A Bill to be entitled an Act to provide for the compensation of the Clerk of the Superior Court and the Sheriff of Liberty County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 29. By Mr. Denmark of Liberty.
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hinesville, so as to change the corporate limits of the City of Hinesville, and for other purposes.
Referred to the Committee on Municipal Government.
HB 30. By Mr. Denmark of Liberty. A Bill to be entitled an Act to repeal an Act incorporating the Town of Midway; to create a charter for the City of Midway in the County of Liberty; and for other purposes.
Referred to the Committee on Municipal Government.
HB 31. By Mr. Denmark of Liberty. A Bill to be entitled an Act to supplement the fees of the Ordinary of Liberty County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 32. By Mr. Raulerson of Echols. A Bill to be entitled an Act to amend an Act 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 33. By Mr. Raulerson of Echols.
A Bill to be entitled an Act to amend an Act amending, revising, superseding and consolidating the laws creating and governing the Commissioners of Roads and Revenues of Echols County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 34. By Mr. Raulerson of Echols. A Bill to be entitled an Act to amend an Act entitled "An Act providing 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.
HR 13-34a. By Messrs. M. Smith, H. Smith and Lokey of Fulton. A Resolution proposing to the qualified voters of Georgia an amend-
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91
ment to the Constitution of 1945 relating to the qualifications of Justices, Judges, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.
HR 14-34b. By Mr. Perkins of Carroll.
A Resolution proposing an amendment to the Constitution so as to provide that the County School Superintendent of Carroll County shall be elected by the people; and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HR 15-34c. By Mr. Wilson of Towns.
A Resolution to designate that area acquired pursuant to a resolution approved February 18, 1953 as the "Chatuge Lake-Mountain Park", and for other purposes.
Referred to the Committee on Public Property.
HR 16-34d. By Mr. Fowler of Douglas.
A Resolution requesting the Georgia Delegation to Congress to institute impeachment proceedings against the members of the United States Supreme Court, and for other purposes.
Referred to the Committee on General Judiciary #1.
HR 17-34e. By Mr. Fowler of Douglas.
A Resolution urging the United States Senate to reject appointments to the Supreme Court of persons lacking in judicial experience and temperament, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 35. By Messrs. Watson and Denson of Dougherty.
A Bill to be entitled an Act to place the Sheriff, the Clerk of Superior Court and the Ordinary of Dougherty County on a salary basis, 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 State of the Republic, read the second time, and recommitted:
HB 1. By Messrs. Moate of Hancock, Groover of Bibb, Odom of Camden, and many others.
A Bill to be entitled an Act to create the State Highway Bt;>ard of the State of Georgia, and for other purposes.
The following Resolutions were read and adopted:
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HR 18. By Messrs. Moate of Hancock, Groover of Bibb, Bagby of Paulding, and others.
A Resolution expressing sympathy to the family of the late John H. Mull, father of Reed Mull, and for other purposes.
HR 19. By Messrs. Hall and Wright of Floyd, Moate of Hancock, Groover of Bibb and others.
A Resolution congratulating Hon. Robert Scoggin of Floyd on the celebration of his birthday and wedding anniversary, and for other purposes.
Mr. Groover of Bibb moved that the House do now adjourn until Monday morning, January 17, 1955, at 10:00 o'clock, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock Monday morning, January 17, 1955.
MONDAY, JANUARY 17, 1955
93
Representative Hall, Atlanta, Georgia. Monday, January 17, 1955.
The House met pursuant to adjournment this day at 10:00 o'clock, A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain.
The roll was called and the following members answered to their names:
Adams Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Brannen Brown Caldwell Callier Campbell Carlisle Cason Cates Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Davis Deal Deen Denmark Denson Dozier Drinkard Duke Duncan Edenfield Elder
English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harris Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hogan Holley Houston Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin
Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan
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Odom Palmer Parker Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Ruark Rutland
Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley Terrell Todd
Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker watson
Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker
Those not answering the roll call were Messrs. Allen, Bolton, Chastain, Hodges, Love, Peacock and Russell.
Mr. Boggus of Ben Hill, Chairman of the Committee on Journals, reported that the Journal of last Thursday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House. 2. First reading and reference of Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 36. By Messrs. Moate of Hancock, Murr of Sumter, Willingham of Cobb, Fowler of Douglas, Murphy of Haralson, Tamplin of Morgan, McKenna of Bibb, Lokey of Fulton, Groover of Bibb and many others.
A Bill to be entitled an Act to reorganize the military forces of the State; to conform the organization, training and discipline to the requirements of the United States; to revise the military laws and make of force a military code; and for other purposes.
Referred to the Committee on Military Affairs.
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95
HB 37. By Messrs. Watson and Denson of Dougherty, Gunter of Hall and Nightingale of Glynn. A Bill to be entitled an Act to amend an Act so as to provide for the date of filing income tax returns and the payment of income tax; and for other purposes.
Referred to the Committee on Ways and Means.
HB 38. By Messrs. Boggus of Ben Hill, Clary of McDuffie, Jackson of Jones, Veal of Putnam and Wooten of Randolph. A Bill to be entitled an Act to amend an Act relating to voting, procuring of ballot, duty of managers, spoiling ballot, and assistance in preparing ballot, so as to provide for assistance by the election manager, and the removal of the provision authorizing assistance by any freeholder; and for other purposes.
Referred to the Committee on State of Republic.
HB 39. By Mr. Rowland of Johnson. A Bill to be entitled an Act to amend an Act relating to actions against insurance companies, so as to provide for joinder of an insurer in any suit brought against an insured covered by a liability policy; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 40. By Messrs. Strickland of Toombs, Hendrix of Long and Parker of Appling. A Bill to be entitled an Act to repeal an Act 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 41. By Mr. Twitty of Mitchell. 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 to all interested parties sui juris, non compos mentis, or otherwise; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 42. By Mr. Strickland of Toombs.
A Bill to be entitled an Act to set the opening date of tobacco warehouses in the State of Georgia; to set the minimum number of days which said warehouses shall remain open; and for other purposes.
Referred to the Committee on General Agriculture # 1.
HB 43. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to amend an Act creating the City Court of Camilla; and for other purposes. Referred to the Committee on Counties and County Matters.
HB 44. By Mr. Grimsley of Cook:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Adel so as to enlarge the corporate limits of said city, and for other purposes. Referred to the Committee on Municipal Government.
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HB 45. By Messrs. McKenna, Carlisle and Groover of Bibb: A Bill to be entitled an Act to create a Civil Service Board in Bibb County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 46. By Messrs. Gunter and Williams of Hall: A Bill to be entitled an Act to consolidate the office of tax collector of Hall County and the office of Tax Receiver of Hall County into the single office of Tax Commissioner; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 47. By Messrs. Gunter and Williams of Hall: A Bill to be entitled an Act to provide for a referendum by which a majority of the qualified voters of Hall County voting in said referendum can place the Sheriff of Hall County, the Clerk of Superior and City Court of Hall County and the Ordinary of Hall County on a salary system of compensation; and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 20-47a. By Mr. Gilleland of Dawson: A Resolution to authorize the Governor to sell approximately 28 acres of land owned by the State of Georgia in Dawson County which has never been granted by the State; and for other purposes.
Referred to the Committee on Public Property.
HR 21-47b. By Messrs. McKenna, Carlisle and Groover of Bibb: A Resolution proposing an amendment to the qualified voters of Georgia an amendment to the Constitution so as to authorize the General Assembly of Georgia to enact laws creating a Civil Service Commission and Civil Service System for County Police employed by Bibb County, and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.
HB 48. By Messrs. Watson of Dougherty and McKenna of Bibb: A Bill to be entitled an Act relating to the exemption of property from taxation; so as to carry out the provisions of the constitutional amendment authorizing the exemption of property owned by religious groups used only for residential purposes and from which no income is derived; and for other purposes.
Referred to the Committee on Ways and Means.
HB 49. By Mr. Groover of Bibb, and Bagby of Paulding. A Bill to be entitled an Act to make it unlawful for any newspaper publisher, radio station, radio announcer, television station, television announcer, news gathering or disseminating agency, or other person to print and publish, or cause to be published and printed in any newspaper, magazine, periodical, or other publication published in this State, or to publish on the air or over television within this State, the name or identity of any person who is accused of, or charged with, commission of certain named crimes, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 50. By Mr. Ayers of Madison. A Bill to be entitled an Act to provide a new charter for and to incor-
MONDAY, JANUARY 17, 1955
97
porate the City of Carlton in Madison County; to prescribe the procedure corrected therewith; and for other purposes. Referred to the Committee on Municipal Government.
HB 51. By Mr. McGarity of Henry. A Bill to be entitled an Act to provide that health or accident insurance policies shall contain a provision that they shall be non-cancellable after being in force for two years, provided all premiums are paid.
Referred to the Committee on Insurance.
The Speaker instructed the Clerk to incorporate the following notice in the Journal:
GENERAL ASSEMBLY OF GEORGIA STATE CAPITOL
ATLANTA, GEORGIA
January 15, 1955
TO: ALL MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA:
Hon. Jim L. Gillis has resigned as a member of the State Highway Board from the Southern Highway district, thereby creating a vacancy to be filled by the General Assembly of Georgia.
Pursuant to the provisions of law creating the State Highway Board, a caucus is hereby called to be held at the State Capitol in the Hall of the House of Representatives on the 19th day of January, 1955 at 11:00 o'clock A. M. for the purpose of electing a successor to Hon. Jim L. Gillis, as a member of the State Highway Board, for the unexpired term ending February 8, 1956.
Marvin E. Moate Speaker of the House S. Ernest Vandiver President of the Senate
The following Resolution of the House was read and adopted:
HR 22. By Mr. Groover of Bibb. A RESOLUTION
WHEREAS, on January 15, 1955 the Honorable Jim L. Gillis resigned as a member of the State Highway Board of Georgia from the Southern Highway District, thereby creating a vacancy in this office, and
WHEREAS, under the provisions of the Act creating the State Highway Board it is necessary that the General Assembly elect a successor to the Honorable Jim L. Gillis for the unexpired term ending February 8, 1956, during the first ten days of the present session, after giving two days' notice to the members thereof, and
WHEREAS, upon notice of said resignation, the Speaker of the House of Representatives and the President of the Senate did on January 15, 1955 mail notices to the members of the General Assembly, calling a caucus to be held in the State Capitol in the Hall of the House of Representatives on January 19, 1955 at 11:00 o'clock, a. m., for the purpose of electing a successor to Honorable Jim L. Gillis as a member of the State Highway Board for the unexpired term ending February 8, 1956.
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NOW, THEREFORE, BE IT RESOLVED, by the House, the Senate concurring, that a Joint Session of the House and Senate be held in the Hall of the House at 11:00 o'clock, a. m., on the 19th day of January 1955 for the purpose of electing a successor to the Honorable Jim L. Gillis as a member of the State Highway Board for the Southern Highway District, for the unexpired term ending February 8, 1956,
BE IT FURTHER RESOLVED, that a copy of this Resolution be read to the members of the House and Senate and a copy thereof placed on each member's desk at the earliest possible time.
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 2. By Messrs. Floyd of Chattooga, Moate of Hancock, Willingham of Cobb, Groover of Bibb, Scoggin of Floyd, Sheffield of Brooks, and others:
A Bill to be entitled an Act to provide for the registration of motor vehicles and issuance of motor vehicle licenses and license plates by tax collectors and tax commissioners of the various counties, and for other purposes.
Mr. Groover of Bibb moved that the House do now adjourn until tomorrow morning at 10:00 o'clock, and the motion prevailed.
Leaves of absence were granted to Mr. Allen of Bulloch for Monday, Jan. 17, and Mr. Bolton of Spalding for Monday, January 17, 1955.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.
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99
Representative Hall, Atlanta, Georgia. Tuesday, January 18, 1955.
The House met pursuant to adjournment this day at 10:00 o'clock, A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain.
The roll was called and the following members answered to their names:
Allen Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Cates Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Davis Deal Deen Denmark Denson Dozier Drinkard Duke Duncan Edenfield
Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harris Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hogan Holley Houston Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth
Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr
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Musgrove Nightingale Nilan Odom Palmer Parker Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland
Ruark Rutland Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley Terrell
Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young l\Ir. Speaker
Those not answering the roll call were Messrs. Adams, Chastain, Hodges, Peacock and Russell.
Mr. Boggus of Ben Hill, 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 was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House. 2. First reading and reference of Bills and Resolutions. 3. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. That the Speaker in his discretion, may call up any bill on the general
calendar in any order he deems advisable.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 52. By Mr. Dean of Bacon:
A Bill to be entitled an Act to amend the "Soil Conservation Law", so as to provide for additional duties for the State Soil Conservation Committees, and for other purposes.
Referred to the Committee on Conservation.
HB 53. By Mr. Deen of Bacon: A Bill to be entitled an Act to repeal an Act entitled "An Act to enable Bacon County and the City of Alma, Georgia to establish a joint planning commission", and for other purposes.
Referred to the Committee on Counties and County Matters.
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101
HB 54. By Messrs. Wheeler of Seminole and Cotton of Baker: A Bill to be entitled an Act to repeal an Act relating to fishing on Sunday; and for other purposes.
Referred to the Committee on Game and Fish.
HR 23-54a. By Mr. Deen of Bacon: A Resolution memorializing Congress to call a convention for the purpose of considering an amendment to the Constitution of the United States relative to the operation of state schools, and for other purposes.
Referred to the Committee on State of Republic.
HB 55. By Messrs. Coker of Cherokee and Mashburn of Forsyth: A Bill to be entitled an Act to define the terms "midwife", "practice of midwifery" and "normal childbirth"; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 56. By Mr. Pickard of Muscogee: 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.
Referring to the Committee on State of Republic.
HR 24-56a. By Mr. Henderson of Atkinson: A Resolution proposing an amendment to the Constitution, enabling the County of Atkinson to issue refunding bonds without a vote of the people to meet the present and any future indebtedness that may be incurred; and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HB 57. By Messrs. Sheffield of Brooks, Scoggin of Floyd, Moate of Hancock and Groover of Bibb: A Bill to be entitled an Act to supersede with stated exceptions, all previous laws of this State relating to the organization, powers and duties of the Forestry Commission, and for other purposes.
Referred to the Committee on Conservation.
HB 58. By Messrs. Sheffield of Brooks, Scoggin of Floyd, Moate of Hancock and Groover of Bibb: A Bill to be entitled an Act to revise, supersede, consolidate and redefine the various penal offenses relating to the firing of woods, lands, marshes, grass, timber and other lands in this State, and for other purposes.
Referred to the Committee on Conservation.
HB 59. By Mr. Bloodworth of Houston: A Bill to be entitled an Act to amend an Act incorporating the Municipality of Warner Robins; to change and redefine the corporate limits; to provide for a governing authority of a mayor and six councilmen; and for other purposes.
Referred to the Committee on Municipal Government.
HB 60. By Messrs. Coker of Cherokee, Fowler of Douglas, Mauldin of Gordon and Ivey of Newton: A Bill to be entitled an Act to amend the "Revenue Tax Act to Legalize
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and Control Alcoholic Beverages and Liquors'', so as to provide that no manufacturer, distiller, wholesaler or retailer governed by the provisions of this Act shall advertise liquor in any newspaper within this State, and for other purposes. Referred to the Committee on Temperance.
HB 61. By Messrs. Coker of Cherokee, Fowler of Douglas, Ivey of Newton and Mauldin of Gordon: A Bill to be entitled an Act to amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that all retail stores licensed under this Act shall close down at sundown; and for other purposes.
Referred to the Committee on Temperance.
HB 62. By Messrs. Short and Barber of Colquitt: A Bill to be entitled an Act to regulate the opening of Tobacco Auction Sales within this State, so as to provide that no auction sale of fluecured leaf tobacco may be held in this State prior to the third Thursday in July of any year; and for other purposes.
Referred to the Committee on General Agriculture # 1.
HB 63. By Messrs. Hawkins of Screven, Groover of Bibb and Freeman of Monroe: A Bill to be entitled an Act to regulate the conduct of attorneys at law in their arguments to and in the presence of juries in criminal cases; to prescribe the remedy of opposing counsel where improper argument is made, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 64. By Messrs. Bentley, Willingham and Reed of Cobb, Duke and Massee of Baldwin, Bodenhamer of Tift, Lam of Troup, Twitty of Mitchell and Nightingale of Glynn and others: A Bill to be entitled an Act to amend an Act relative to absentee voting, so as to provide for absentee voting by persons who are unable to go to vote in person because of physical disability; and for other purposes.
Referred to the Committee on Privileges and Elections.
HB 65. By Mr. Bentley of Cobb: A Bill to be entitled an Act to repeal an Act 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 66. By Messrs. McGarity of Henry, Moate of Hancock, Groover of Bibb and Willingham of Cobb: A Bill to be entitled an Act to amend an Act and known as the "Georgia State Warehouse Act", so as to repeal the sections of said Act which impose fees upon warehousemen for the issuing of warehouse receipts, and for other purposes.
Referred to the Committee on Ways and Means.
HB 67. By Mr. Bentley of Cobb: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that it shall be
TUESDAY, JANUARY 18, 1955
103
unlawful for any person to stop or park any automobile, truck, etc. on the paved or surfaced portion of any State-aid road, highway or laned roadway, and for other purposes. Referred to the Committee on Public Highways #1.
HB 68. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb and Odom of Camden: A Bill to be entitled an Act to repeal an Act creating a Georgia Turnpike Authority, and for other purposes.
Referred to the Committee on State of Republic.
HB 69. By Mr. Willingham of Cobb: A Bill to be entitled an Act to amend an Act so as to provide for the date of filing income tax returns; and for other purposes.
Referred to the Committee on Ways and Means.
HB 70. By Messrs. Henderson of Atkinson and Deen of Bacon: 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 71. By Messrs. Veal of Putnam, Key of Jasper and Smith of Emanuel: A Bill to be entitled an Act to repeal an Act relating to the description of fences and enclosures and relating to enclosures by ditches and trenches; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 72. By Mr. Willingham of Cobb: A Bill to be entitled an Act to repeal an Act known as the "Georgia Turnpike Authority"; and for other purposes.
Referred to the Committee on State of Republic.
HB 73. By Mr. Bentley of Cobb: A Bill to be entitled an Act to repeal an Act known as the "Georgia Turnpike Authority", and for other purposes.
Referred to the Committee on State of Republic.
HB 74. By Messrs. McCracken of Jefferson, Sanders and Chambers of Richmond: A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Court Emeritus, so as to provide for additional retirement benefits, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 75. By Mr. Dozier of Miller: A Bill to be entitled an Act to provide for the use of voting machines, for casting, registering and recording and computing ballots or votes in all elections including primaries and municipal elections in the County of Miller, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 76. By Mr. Brown of Telfair: A Bill to be entitled an Act to create a new charter and municipal
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JOURNAL OF THE HOUSE,
government for the City of Jacksonville, Telfair County, and for other purposes.
Referred to the Committee on Municipal Government.
HB 77. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to enable the City of Gainesville and Hall County to establish a joint Planning Commission; and for other purposes.
Referred to the Committee on Municipal Government.
HB 78. By Messrs. Holley, Sanders and Chambers of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta; relating to "Augusta Officers and Employees-Tenures", and for other purposes.
Referred to the Committee on Municipal Government.
HB 79. By Messrs. Holley, Sanders and Chambers 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, Georgia; and for other purposes.
Referred to the Committee on Municipal Government.
HB 80. By Messrs. Holley, Sanders and Chambers 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, Georgia; and City Council of Augusta to create a Board of Health for said City", and for other purposes.
Referred to the Committee on Municipal Government.
HB 81. By Mr. Dozier of Miller:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of the County of Miller, and for other purposes. Referred to the Committee on Counties and County Matters.
HB 82. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act entitled "An Act to authorize counties having a population of more than 80,000 by the U. S. Census of 1940 or by any future census, to levy taxes for the purposes defined therein", and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 83. By Mr. Ayers of Madison: A Bill to be entitled an Act to amend an Act abolishing the office of tax-receiver and tax-collector of Madison County; and for other purposes.
Referred to the Committee on Counties and County Matters.
TUESDAY, JANUARY 18, 1955
105
HR 25-83a. By Messrs. Cates and Mobley of Burke:
A Resolution to compensate Parker-White Motor Company for damages to their automobile when hit by a vehicle owned by the State Department of Corrections and driven by a prisoner at the Georgia State Prison at Reidsville; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 26-83b. By Messrs. Watson and Denson of Dougherty:
A Resolution to provide the Clerk of the Superior Court of Dougherty County certain enumerated law books, and for other purposes.
Referred to the Committee on Public Library.
HR 27-83c. By Messrs. Watson and Denson of Dougherty:
A Resolution to provide the Court of Ordinary of Dougherty County certain enumerated law books, and for other purposes.
Referred to the Committee on Public Library.
HR 28-83d. By Mr. Kennedy of Turner:
A Resolution proposing an amendment to the Constitution, so as to authorize the City of Ashburn, in Turner County, to 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 industries in the City of Ashburn, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.
HR 29-83e. By Mr. Stevens of Marion:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Marion County certain law books, and for other purposes.
Referred to the Committee on Public Library.
HR 30-83f. By Mr. Stevens of Marion:
A Resolution to provide the Ordinary of Marion County certain enumerated volumes of Georgia Supreme Court Reports and the Court of Appeals Report, and for other purposes.
Referred to the Committee on Public Library.
HB 84. By Messrs. Mallory and Caldwell of Upson:
A Bill to be entitled an Act to amend an Act incorporating the Village of East Thomaston, in Upson County, by reducing the corporate limits of said Village, and for other purposes.
Referred to the Committee on Municipal Government.
HR 31-84a. By Mr. Fowler of Douglas: A Resolution memoralizing Congress to call a convention for the pur-
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JOURNAL OF THE HOUSE,
pose of considering an amendment to the Constitution of the United States relative to the administration by the several states of their respective school systems, and for other purposes.
Referred to the Committee on State of Republic.
HR 32-84b. By Mr. Jordan of Wheeler:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Wheeler County by the people; and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HB 85. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Civil Service Board in Fulton County", and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 86. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a method for fire prevention systems in the unincorporated portions of Fulton County", and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 87. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to repeal an Act entitled "An Act to require the Commissioners of Roads and Revenues of all counties in the State having a population of 300,000 or over to supplement the funds of the county Board of Education from any funds in the Treasury of said county derived from sources other than taxation", and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 88. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a method for providing garbage disposal systems in the unincorporated portion of Fulton County", and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 89. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to require the tax receiver or tax commissioners of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Fulton County", and for other purposes.
Referred to the Committee on Counties and County Matters.
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107
HB 90. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a method for providing parks and recreational systems in the unincorporated portion of Fulton County", and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 91. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act authorizing and empowering the judges of the Superior Courts in counties of a population of 300,000 or more, to continue grand juries beyond the term of any court for which they were originally impanelled; to fix the powers, duties and compensation of grand juries extended beyond such term for which they were impanelled, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 92. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "County Officers, Laws Applicable"; relating to elections for Sheriffs, Clerks of the Superior Court, Tax Collectors; Tax Receivers, county treasurers, county surveyors, and Coroners, in counties having a population of 300,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 93. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the use of Voting Machines", and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 94. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to authorize the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular county employees", and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 95. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to repeal Code Sections 13-9933 relating to bad checks; so as to prohibit the obtaining of moneys, property or thing of value, or the payment of any obligation, by the means of making, uttering, or delivering a worthless check, draft, or order for the payment of money; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 96. By Messrs. Lokey of Fulton, Willingham and Reed of Cobb, Groover of Bibb, Scoggin of Floyd, and Freeman of Monroe:
A Bill to be entitled an Act to amend an Act to provide a uniform
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method of fixing the salaries, allowances, and travel expenses to be paid to certain elective officials, so as to include Judges of the Superior Courts within the purview of said Act; and for other purposes.
Referred to the Committee on General Judiciary #1.
Mr. Murr of Sumter 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 recommendation:
HB 36. Do Pass.
Respectfully submitted,
Murr of Sumter,
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 23. Do Pass. HB 21. Do Pass. HB 26. Do Pass. HB 30. Do Pass. HB 29. Do Pass. HB 19. Do Pass. HB 3. Do Pass. HB 11. Do Pass. HB 18. Do Pass. HB 16. Do Pass. HB 44. Do Pass. HB 50. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.
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109
Mr. Scoggin of Floyd County, Chairman of the Committee on General Judiciary #1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary #1 has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 6. Do Pass.
Respectfully submitted,
Scoggin of Floyd,
Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1. Do Pass.
HB 2. Do Pass by Committee substitute.
Respectfully submitted,
Drinkard of Lincoln,
Chairman.
Mr. Smith of Emanuel County, Vice-Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. Speaker:
Your Committee on Privileges and Elections has had under consideration Contests regarding the seating of the member from Stephens County and the seating of the member from Fannin County and has instructed me as ViceChairman, to report the same back to the House with the following recommendations:
That the Honorable Frank L. Gross be seated as a member of the House from Stephens County and that the Honorable Reed Mull be seated as a member of the House from Fannin County.
Respectfully submitted,
Smith of Emanuel,
Vice-Chairman.
The report of the Committee on Privileges and Elections was adopted by the House.
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Honorable Reid Mull of Fannin County and Honorable Frank L. Gross, Jr., of Stephens County appeared before the bar of the House, and the oath of office as Representative was administered to them by Judge Jule W. Felton of the Court of Appeals.
By unanimous consent, the following Bills of the House, favorably reported, were read the second time:
HB 3. By Mr. Fain of Franklin:
A Bill to be entitled an Act to amend the charter of the City of Carnesville; so as to provide that the mayor and council of the City of Carnesville shall have full control over the streets, sidewalks, alleys and lanes of said city, and for other purposes.
HB 6. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act relating to the molestation of children, so as to raise the age from fourteen to sixteen years; and for other purposes.
HB 11. By Messrs. H. Smith, M. M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to provide for and regulate the payment of compensation out of the county treasury of official court reporters of the superior courts in counties of this State having more than 450,000 population, and for other purposes.
HB 16. By Messrs. H. Smith, M. M. Smith and Lokey 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, the judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County, and for other purposes.
HB 18. By Messrs. Nightingale and Killian of Glynn:
A Bill to be entitled an Act to amend the Charter of the City of Brunswick; to confer certain additional powers therein named with respect to closing and conveying certain streets and alleys upon its city Commission; and for other purposes.
HB 19. 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; to annex territory to the corporate limits of the City of Monroe, etc., and for other purposes.
HB 21. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to amend an Act, creating a new charter and municipal government for the City of Sylvania; so as to provide a recorder's court, and for other purposes.
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111
HB 23. By Mr. Odom of Camden:
A Bill to be entitled an Act to amend an Act incorporating the City of St. Marys, Camden County, by increasing and extending the corporate territorial limits of said city, and for other purposes.
HB 26. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to amend an Act creating the City Court of Hinesville, and for other purposes.
HB 29. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hinesville, so as to change the corporate limits of the City of Hinesville, and for other purposes.
HB 30. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to repeal an Act incorporating the Town of Midway; to create a charter for the City of Midway in the County of Liberty; and for other purposes.
HB 36. By Messrs. Moate of Hancock, Murr of Sumter, Willingham of Cobb, Fowler of Douglas, Murphy of Haralson, Tamplin of Morgan, McKenna of Bibb, Lokey of Fulton, Groover of Bibb and many others:
A Bill to be entitled an Act to reorganize the military forces of the State; to conform the organization, training and discipline to the requirements of the United States; to revise the military laws and make the force a military code; and for other purposes.
HB 44. By Mr. Grimsley of Cook:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Adel so as to enlarge the corporate limits of said city, and for other purposes.
HB 50. By Mr. Ayers of Madison:
A Bill to be entitled an Act to provide a new charter for and to incorporate the City of Carlton in Madison County; to prescribe the procedure corrected therewith; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof :
Mr. Speaker:
The Senate has adopted the following resolutions of the House and Senate to wit:
SR 16. By Senator Ponsell of the 5th:
A Resolution requesting the Congress of the United States to enact legislation requiring that before a person shall be qualified to be appointed as a Justice of the Supreme Court of the United States, he
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should have served a minimum of five years as a Judge on an Appellate Court of the Federal Judiciary; and for other purposes.
HR 12. By Mr. Bentley of Cobb:
A Resolution commending the garden clubs of Georgia for their work in beautifying the State; and for other purposes.
HR 22. By Mr. Groover of Bibb:
A Resolution by the House, the Senate concurring, that a joint session of the House and Senate be held in the Halls of the House at 11:00 o'clock, A. M. on the 19th day of January, 1955, for the purpose of electing a successor to the Honorable Jim L. Gillis as a member of the State Highway Board for the Southern Highway District, for the unexpired term ending February 8, 1956; and for other purposes.
SR 18. By Senator Overby of the 33rd and others:
A Resolution expressing condolences and regret over the passing of Honorable Robert L. Russell, Judge of the United States Court of Appeals; and providing for an escort.
The President has appointed as a Committee of Escort on the part of the Senate: Senators Ayers of the 31st, Ursrey of the 54th, Hopkins of the 4th, Harding of the 27th, Coffin of the 11th, Overby of the 33rd and Lambert of the 28th.
The following Resolutions of the Senate were read and adopted:
SR 16. By Senator Ponsell of the 5th:
A Resolution requesting the Congress of the United States to enact legislation requiring that before a person shall be qualified to be appointed as a Justice of the Supreme Court of the United States, he should have served a minimum of five years as a Judge of an Appellate Court, and for other purposes.
SR 18. By Senator Overby of the 33rd and others:
A Resolution expressing condolences and regret over the passing of Honorable Robert L. Russell, Judge of the United States Court of Appeals, and providing for the appointment of a Committee on the part of the Senate and House to attend the funeral services, and for other purposes.
Under the provisions of SR 18, the Speaker appointed on the part of the House, the following:
Messrs. Stevens of Marion, Callier of Talbot, Matthews of Clarke, Key of Jasper, and Underwood of Montgomery.
The Speaker appointed the above named members as a Committee to select and purchase flowers for the funeral.
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113
The following Resolution of the House was read and adopted:
HR 33. By Mr. Groover of Bibb:
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 20, 1955 for the purpose of hearing a message from His Excellency, Governor Marvin Griffin.
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.
The Speaker appointed as a Committee of Escort on the part of the House, the following members:
Messrs. Lam of Troup, Wilson of Towns, and Sanders of Richmond.
The following Resolution of the House was read and referred to the Committee on State of Republic:
HR 34. By Mr. Freeman of Monroe:
A RESOLUTION
WHEREAS, it has been widely advertised through the daily press that the Georgia State Firemen's Association has raised Eight Thousand ($8,000.00) or more for the purpose of securing the passage of legislation to create a pension fund, and
WHEREAS, intentionally or otherwise their reports have created an inference to the firemen and the public that cash would be required to influence the judgment of members of the General Assembly and to secure the passage of the legislation, and
WHEREAS, such reports tend to injure the good name of the General Assembly collectively, and of its members individually, and
WHEREAS, explanations of the fund have not satisfied firemen who have contributed, or members of the General Assembly, and have tended to confuse the public, and
WHEREAS, it is to the interest of the public, the members of the General Assembly and the firemen who contributed to the fund that a full investigation be made, and answers to pertinent questions, including the following, be obtained:
1. What uses have been made of the sum or sums?
2. What attorneys, actuaries, lobbyists or other persons have been hired?
3. For what period and for what services were they employed?
4. What compensation were such persons to receive?
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5. Were any fees contingent upon the passage of the bill or upon other contingencies?
6. Whether there has been any violation of the criminal statutes which make lobbying a crime?
7. Whether any individual has failed to register with the Secretary of State as required by Georgia Laws, Chapter 47-10.
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 for the purpose of finding the answers to the foregoing questions and any other information pertinent thereto in order that the contributing firemen, the members of the General Assembly and the people of Georgia be fully informed as to the facts:
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, letters and any other papers, and is hereby empowered to compel the attendance of such witnesses and compel the production of such documents, records, letters and papers.
BE IT FURTHER RESOLVED, that said Committee shall report its findings thereon to this House within 15 days.
The following Resolution of the House was read and adopted:
HR 35. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A RESOLUTION
WHEREAS, the incomplete and unsightly condition of the Stone Mountain Memorial has long weighed upon the pride and civic conscience of all Georgians, and
WHEREAS, it is competently estimated that a completed Stone Mountain Memorial and Park would add a minimum of $500,000.00 per year to the State's revenue through sales and gasoline taxes alone, and
WHEREAS, the acquisition and development of Stone Mountain by the State of Georgia will insure a lasting Memorial and will provide a magnificent recreational area for countless thousands of Georgians and tourists for all time, and
WHEREAS, the General Assembly has heretofore authorized and empowered the Budget Committee of the State to acquire the site and through long and patient negotiations between the Governor, the State Park Authority, and the owners of the Stone Mountain Property, agreement has been reached between the State and the owners of threefourths of the property whereby they will transfer their interest to the State at an agreed price, and
WHEREAS, the State Park Authority has been promised a sufficient loan on a self-liquidating basis to complete the Memorial carving and develop the surrounding park, and
WHEREAS, delay in the acquisition of the property will make
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115
acquisition hereafter progressively more costly with each year that passes, and failure to complete this long cherished project through failure to agree on terms with the holder of a one-fourth interest would be regrettable and costly,
NOW THEREFORE BE IT RESOLVED by the House of Representatives, the Senate concurring, that the Governor is hereby urged to take what steps in his judgment are necessary, through negotiation or condemnation, to determine a fair and just price for the one-fourth interest in question and so acquire it for the State in order that the civic and economic welfare of our people may not be retarded and in order that the Stone Mountain Memorial be completed and the surrounding park be developed.
Mr. Terrell of Decatur arose on a point of personal privilege and addressed the House.
Mr. Groover of Bibb moved that the House do now adjourn until tomorrow morning at 10:00 o'clock, and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.
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Representative Hall, Atlanta, Georgia. Wednesday, January 19, 1955.
The House met pursuant to adjournment this day at 10:00 o'clock, A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Boggus of Ben Hill, 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 under the Rules of the House. 2. First reading and reference of Bills and Resolutions. 3. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local bills and general bills and Resolutions
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 he deems advisable.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 97. By Messrs. Cheatham, Eyler and Sognier of Chatham: A Bill to be entitled an Act to amend an Act entitled "An Act to amend the several Acts relating to and incorporating the Mayor and Alderman of the City of Savannah"; and for other purposes.
Referred to the Committee on Municipal Government.
HB 98. By Mr. Chambers of Richmond:
A Bill to be entitled an Act to amend an Act relating to preparation of jury lists so as to provide for assigning to each such name thereon a number which shall also appear on the ticket for each such juror; and for other purposes.
Referred to the Committee on General Judiciary #1.
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117
HB 99. By Mr. Chambers of Richmond:
A Bill to be entitled an Act to amend an Act relating to the taxation of banks and banking associations and their branches, and also relating to the taxation of shares of stock of stockholders of banks and banking associations, and for other purposes.
Referred to the Committee on Banks and Banking.
HB 100. By Mr. Chambers of Richmond:
A Bill to be entitled an Act to amend an Act relating to juries generally, by adding thereto a new section so as to authorize the judge, in civil and criminal cases, to provide for segregation of jurors, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 101. By Mr. Hayes of Coffee:
A Bill to be entitled an Act to amend an Act relating to the age of legal majority, so as to reduce such age from 21 years to 18 years; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 102. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Chatham County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 103. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act relating to the employment by county authorities of the county surveyors or a civil engineer to locate roads so as to provide that the per diem of such surveyor or civil engineer so employed, shall not be less than $5.00 nor more than $25.00; and for toher purposes.
Referred to the Committee on Counties and County Matters.
HB 104. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act relating to the entry of notice and award and payment to assessors of costs in condemnation proceedings, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 105. By Messrs. Bentley of Cobb and Bagby of Paulding:
A Bill to be entitled an Act to amend the Georgia Workman's Compensation Act so as to increase the coverage provided under such law, and for other purposes.
Referred to the Committee on State of Republic.
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JOURNAL OF THE HOUSE,
HB 106. By Mr. Stephens of Clarke:
A Bill to be entitled an Act to provide that a power of sale, unless limited in the instrument creating same, authorizes a private sale by the donee of such power, except as to instruments given to secure a debt; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 107. By Mr. Stephens of Clarke:
A Bill to be entitled an Act to amend an Act providing how dower may be barred by a sale by an administrator or executor under authority of a competent court or a power in a will, prior to application for dower, by removing the provisions for notice to the widow and the limitation as to the time of sale, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 108. By Mr. Stephens of Clarke:
A Bill to be entitled an Act to provide that the right of a widow or minor child to a year's support from the estate of a decedent shall be barred by a sale by an administrator or executor of such estate prior to the setting apart of such year's support, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 109. By Mr. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that the right of a widow to a year's support shall be defeated by the death or remarriage of said widow prior to the setting apart of such year's support; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 110. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act concerning the dormancy of judgments by providing for the filing and recording of written notices of bona fide public efforts by the plaintiff in execution to enforce such execution in the courts; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 111. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act relating to the keeping of the general execution docket and the entry of executions thereon by providing that the lien of a judgment shall date from the time the execution shall be entered on said docket, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 112. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to provide that the right of a minor to a
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119
year's support shall be defeated by the marriage or death, or arrival of age of said minor prior to the setting apart of such year's support, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 113. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act relating to qualifications of applicants to stand the State bar examination, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 114. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to provide for an appropriation to the Department of Parks for the purpose of developing the Bobby Brown Memorial Park in Elbert County; and for other purposes.
Referred to the Committee on Appropriations.
HB 115. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to provide that where an insurer brings an action in the name of the insured under the terms of a subrogation provision in an insurance contract, and a judgment is obtained by the plaintiff in a cross action therein, the insurer shall be liable for the judgment or any costs thereunder; to repeal conflicting laws and for other purposes.
Referred to the Committee on Insurance.
HB 116. By Messrs. Murphy of Haralson, Bagby of Paulding, McKelvey and Cornelius of Polk:
A Bill to be entitled an Act to amend an Act relating to the revision of jury lists by providing that the time allowed boards of jury commissioners after the first Monday in August in the years of their meeting to revise jury lists shall be extended from thirty to sixty days; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 117. By Messrs. Murphy of Haralson and Scoggin of Floyd : A Bill to be entitled an Act to amend an Act relating to delinquent probationers; revocation of order of court, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 118. By Messrs. Murphy of Haralson and Tamplin of Morgan:
A Bill to be entitled an Act to repeal an Act relating to Jewelry Auctions; so as to provide for the regulation of auction sales; to provide for license to hold auction sales; and for other purposes.
Referred to the Committee on General Judiciary #2.
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JOURNAL OF THE HOUSE,
HB 119. By Mr. Wilson of Towns:
A Bill to be entitled an Act to amend the General Appropriations Act, so as to provide $50,000 for the development of Chatuge Lake-Mountain Park, and for other purposes.
Referred to the Committee on Appropriations.
HB 120. By Messrs. Coker and Campbell of Walker, Upshaw of Bartow, Moore of Pickens, Underwood of Bartow and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to remove the provision relative to the marking of the motor vehicles used by peace officers, and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 121. By Messrs. Sheffield of Brooks and Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relative to the enumeration of Sheriffs' fees, so as to change certain of the fees contained therein, and for other purposes.
Referred to the Committee on Drainage.
HB 122. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act relating to additional duties of clerks of the superior court in counties of not less than 55,000 and not more than 62,000, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 123. By Messrs. Jones and Murr of Sumter:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act establishing a new charter for the City of Americus", by establishing and incorporating a Utility Commission for said City, and for other purposes.
Referred to the Committee on Municipal Government.
HB 124. By Mr. Parker of Appling:
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 Appling, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 125. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act providing for the hours of opening and closing polling places in counties having a population of at least 22,600 and not more than 23,300, and for other purposes.
Referred to the Committee on Counties and County Matters.
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121
HB 126. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to provide for the hours of holding elections in counties having a population of not less than 24,000 and not more than 24,500, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 127. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to amend an Act entitled "An Act to prescribe and limit the compensation of the Treasurer of Crawford County", and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 128. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to require jury commissioners in counties having a population of not less than 22,800 and not more than 23,200 to place all tickets containing the names of traverse jurors in one box for the use of superior courts in said counties, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 129. By Messrs. Holley, Sanders and Chambers of Richmond:
A Bill to be entitled an Act to amend an Act relating to the compensation of jurors and Bailiffs; so as to permit the Grand Juries in Counties having a population of not less than 100,000 inhabitants nor more than 110,000 inhabitants to fix the compensation of Jurors and Bailiffs, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 130. By Messrs. Williams and Gunter of Hall:
A Bill to be entitled an Act to amend an Act relating to procedure for recalling county commissioners of Hall County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 36-130a. By Messrs. Perkins of Carroll, Cowart of Calhoun, Baughman of Early, Cotton of Baker, Jones of Laurens and many others.
A Resolution memoralizing Congress to call a convention for the consideration of an amendment to the Constitution of the United States relative to service in the Armed Forces of the U. S. and for other purposes.
Referred to the Committee on Military Affairs.
HR 37-130b. By Mr. McCracken of Jefferson:
A Resolution authorizing the abandonment of certain property in Jefferson County, and for other purposes.
Referred to the Committee on Public Property.
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HR 38-130c. By Mr. Roughton of Washington:
A Resolution to officially designate the names for two bridges on State Highway Route 102 between Mitchell, Glascock County, Georgia and Warthen, Washington County, as the "Bolden S. Cobb Bridges"; and for other purposes.
Referred to the Committee on Public Highways # 1.
HR 39-130d. By Mr. Roughton of Washington:
A Resolution to compensate Oliver B. Humphrey for damages to his automobile; and for other purposes.
Referred to the Committee on Special Appropriations.
HB 131. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act to amend an Act to increase the compensation of the Treasurer of Cobb County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 132. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, and for other purposes.
Referred to the Committee on Municipal Government.
HB 133. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Austell, so as to grant the power of eminent domain to the City of Austell, and for other purposes.
Referred to the Committee on Municipal Government.
HB 134. By Messrs. Willingham, Reed and Bentley 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 grant said city the power of eminent domain, and for other purposes.
Referred to the Committee on Municipal Government.
HB 135. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act fixing, establishing and providing a salary for the Solicitor General of the Cobb Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 40-135a. By Messrs. Lindsey and Bolton of Spalding: A Resolution to compensate Mrs. J. W. Low for damages to her automobile, and for other purposes.
Referred to the Committee on Special Appropriations.
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123
HB 136. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act to amend an Act, which defines the extent of the interest which an applicant for homestead exemption from taxation must have in property in order to be entitled to such homestead exemption with respect thereto, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 137. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act to ratify, approve and confirm the executive order of the Governor suspending the collection of all ad valorem taxes (except those which are of a type to which the constitutional homestead exemption is expressly inapplicable) with respect to any property occupied as a residence and held under an occupancy agreement by a stockholder of a non profit cooperative ownership housing corporation having legal title to such property or being lessee thereof under a lease of an original term of ninety-nine years, and for other purposes.
Referred to the Committee on General Judiciary #1.
Mr. Todd of Glascock County, Chairman of the Committee on Conservation, submitted the following report:
Mr. Speaker: Your Committee on Conservation has had under consideration the following
Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 57. Do Pass.
HB 58. Do Pass.
HB 52. Do Pass. Respectfully submitted,
Todd of Glascock,
Chairman.
Mr. Short of Colquitt 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:
That the following Bills do pass: HB 85. HB 86. HB 87.
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HB 88. HB 89. HB 90. HB 92. HB 93. HB 94.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Carlisle of Bibb 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 9. Do Pass. HB 49. Do Pass, as amended.
Respectfully submitted,
Carlisle of Bibb,
Chairman.
Mr. Reed of Cobb County, Vice-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 recommendation:
HB 51. Do Pass.
Respectfully submitted,
Reed of Cobb,
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
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125
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 17. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.
By unanimous consent, the following Bills of the House, favorably reported, were read the second time:
HB 9. By Messrs. Bentley and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to the inspection of public buildings and property, so as to provide for an annual inspection by the grand jury; and for other purposes.
HB 14. By Messrs. H. Smith, M. 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 provide that the Mayor and Board of Aldermen may provide by ordinance for the purchase of uniforms in the Police and Fire departments, and for other purposes.
HB 17. 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; to provide that the Mayor and Board of Aldermen shall have full power and authority and they may provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property, and for other purposes.
HB 49. By Messrs. Groover of Bibb, and Bagby of Paulding:
A Bill to be entitled an Act to make it unlawful for any newspaper publisher, radio station, radio announcer, television station, television announcer, news gathering or disseminating agency, or other person to print and publish, or cause to be published and printed in any newspaper, magazine, periodical, or other publication published in this State, or to publish on the air or over television within this state, the name or identity of any person who is accused of, or charged with, commission of certain names crimes, and for other purposes.
HB 51. By Mr. McGarity of Henry:
A Bill to be entitled an Act to provide that health or accident insurance policies shall contain a provision that they shall be non-cancellable after being in force for two years, provided all premiums are paid.
HB 52. By Mr. Deen of Bacon: A Bill to be entitled an Act to amend the "Soil Conservation Laws", so
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as to provide for additional duties for the State Soil Conservation Committees, and for other purposes.
HB 57. By Messrs. Sheffield of Brooks, Scoggin of Floyd, Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to supersede with stated exceptions, all previous laws of this State relating to the organization, powers and duties of the Forestry Commission, and for other purposes.
HB 58. By Messrs. Sheffield of Brooks, Scoggin of Floyd, Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to revise, supersede, consolidate and redefine the various penal offenses relating to the firing of woods, lands, marshes, grass, timber and other lands in this State, and for other purposes.
HB 85. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Civil Service Board in Fulton County", and for other purposes.
HB 86. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a method for fire prevention systems in the unincorporated portions of Fulton County", and for other purposes.
HB 87. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to repeal an Act entitled "An Act to require the Commissioners of Roads and Revenues of all counties in the State having a population of 300,000 or over to supplement the funds of the county Board of Education from any funds in the Treasury of said county derived from sources other than taxation", and for other purposes.
HB 88. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a method for providing garbage disposal systems in the unincorporated portion of Fulton County", and for other purposes.
HB 89. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to require the tax receiver or tax commissioners of Fulton County receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Fulton County", and for other purposes.
HB 90. By Messrs. H. Smith, M. Smith and Lokey of Fulton: A Bill to be entitled an Act to amend an Act entitled "An Act to
WEDNESDAY, JANUARY 19, 1955
127
establish a method for providing parks and recreational systems in the unincorporated portion of Fulton County", and for other purposes.
HB 92. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "County Officers, Laws Applicable"; relating to elections for Sheriffs, Clerks of the Superior Court, Tax Collectors; tax Receivers, county treasurers, county surveyors, and Coroners, in counties having a population of 300,000 or more, and for other purposes.
HB 93. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the use of Voting Machines", and for other purposes.
HB 94. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to authorize the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular county employees", and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 3. By Mr. Fain of Franklin:
A Bill to be entitled an Act to amend the Charter of the City of Carnesville, and for other purposes.
The report 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 constitution majority was passed.
HB 11. By Messrs. Lokey, M. Smith and Hoke Smith of Fulton:
A Bill to be entitled an Act to provide for and regulate the payment of compensation to official court reporters of the Superior Courts in Counties of this State having a certain population, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority was passed.
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JOURNAL OF THE HOUSE,
HB 18. By Messrs. Nightingale and Killian of Glynn:
A Bill to be entitled an Act to amend the Charter of the City of Brunswick, and for other purposes.
The report of the Committee, which was favorable to the pasS'!lge 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 19. 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, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill having received the requisite constitutional majority was passed.
HB 21. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to amend an Act incorporating the City 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 107, nays 0. The bill having received the requisite constitutional majority was passed.
HB 23. By Mr. Odom of Camden:
A Bill to be entitled an Act to amend an Act incorporating the City of St. Marys, in Camden County, and for other purposes.
The report 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 26. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to amend an Act creating the City Court of Hinesville, and for other purposes.
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129
The report 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 29. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to amend an Act creating a new charter for the City 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 110, nays 0.
The bill having received the requisite constitutional majority was passed.
HB 30. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to repeal an Act incorporating the Town of Midway; to create a Charter for the City of Midway, and for other purposes.
The report 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 44. By Mr. Grimsley of Cook:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Adel, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill having receiving the requisite constitutional majority, was passed.
HB 50. By Mr. Ayers of Madison:
A Bill to be entitled an Act to provide a new charter for the City of Carlton, 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 113, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Smith of Fulton asked unanimous consent that HB 51, dealing with health and accident insurance, be recommitted to the Committee on Insurance for the purpose of holding a public hearing.
Objection was heard to the request.
Mr. Smith of Fulton moved that HB 51 be recommitted to the Committee on Insurance.
On the motion to recommit, the ayes were 16, nays 96.
The motion to recommit was lost.
The following Resolutions of the House were read and adopted:
HR 41. By Messrs. Willis of Thomas, Clary of McDuffie, Kitchens of Twiggs,
Upshaw of Bartow, Turk of Wilcox, Groover of Bibb, Moate of Hancock, and many others:
A RESOLUTION
WHEREAS, the Honorable Robert E. Chastain, of the County of Thomas, has been duly elected a member of the House of Representatives of Georgia; and
WHEREAS, due to serious illness he has not been able to appear upon the floor of the House to receive the oath of office as a member of this body;
THEREFORE, BE IT RESOLVED that this body extend to him its very best wishes for a speedy recovery; and
BE IT FURTHER RESOLVED, that Honorable Robert E. Chastain of the County of Thomas is hereby declared to be duly elected as a member of this body and seated as a member thereof upon his taking the oath of office as hereafter prescribed; and
BE IT FURTHER RESOLVED, that Honorable George R. Lilly, Judge of the Superior Courts of the Southern Judicial Circuit, is hereby designated and directed to administer the oath of office to Honorable Robert E. Chastain as a member of the House of Representatives of the State of Georgia, representing the County of Thomas, and to file said oath given by him with a certificate certifying his action with the Clerk of the House of Representatives and by said Clerk entered in the House Journal upon their receipt; and
BE IT FURTHER RESOLVED, that a copy of this resolution be furnished to Honorable Robert E. Chastain and Honorable George R. Lilly, Judge of the Superior Courts of the Southern Judicial Circuit, and a copy be spread on the minutes of the House.
WEDNESDAY, JANUARY 19, 1955
131
HR 42. By Messrs. Matheson of Hart, Lavender of Elbert, Groover of Bibb, and many others :
A RESOLUTION
Requesting Honorable Alben W. Barkley, United States Senator from Kentucky, to address a joint session of the General Assembly; and for other purposes.
WHEREAS, plans have been tentatively formulated for Honorable Alben W. Barkley, United States Senator from Kentucky, to make the principal address at a banquet sponsored by the City of Elberton Chamber of Commerce on February 18, 1955; and
WHEREAS, Senator Barkley is known throughout the country as "Mr. Democrat", and when he was Vice President of the United States, was affectionately known as the "Veep"; and
WHEREAS, in addition to being beloved by his fellow countrymen for his personal character, he is recognized for his ability as an outstanding speaker and is a statesman in the true sense of the word; and
WHEREAS, it would be of great benefit to the members of this body to be able to hear an address by Senator Barkley.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the Honorable Alben W. Barkley, United States Senator from Kentucky, is hereby extended a sincere and cordial invitation to address a joint session of the General Assembly of Georgia at a time convenient to him during his visit to this State.
BE IT FURTHER RESOLVED, that the Secretary of State, Honorable Ben W. Fortson, Jr., is hereby requested to make the necessary arrangements in connection therewith, and that the Secretary of State work in conjunction with the Lieutenant Governor, the Speaker of the House, the President of the Elberton Chamber of Commerce and Senator Barkley, so as to arrange a time and a date for such address.
BE IT FURTHER RESOLVED, that the Clerk of the House transmit a copy of this Resolution to Senator Barkley, the Secretary of State, and the President of the Elberton Chamber of Commerce.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 2. By Messrs. Floyd of Chattooga, Moate of Hancock, Groover of Bibb, and many others:
A Bill to be entitled an Act to provide for the registration of motor vehicles and issuance of motor vehicle licenses and license plate by tax collectors and tax commissioners of the various counties, and for other purposes.
The following Committee substitute to HB 2 was read and adopted:
AN ACT
To provide for the registration of motor vehicles and the issuance
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of motor vehicle license plates by the tax collectors or tax commissioners of the various counties; to constitute such tax collectors or tax commissioners the agents of the State Revenue Commissioner for such purpose and provide for their compensation; to provide for the administration of this Act, for the execution of bond by the tax collectors or tax commissioners; and for other purposes.
TO BE ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
That the tax collectors of the various counties of this State, and the tax commissioners of the counties of the State in which the duties of the tax collector are performed by a tax commissioner, are hereby made agents of the State Revenue Commissioner for the purposes of accepting applications for the registration of motor vehicles under Chapter 68-2 of the Code of Georgia of 1933, as amended, and issuing motor vehicle license plates as required by that Chapter. Upon failure or refusal of any tax collector or commissioner of any county to accept said designation and/or perform the objects of this Act, the Revenue Commissioner is authorized and directed to designate another county official of such county as such agent which agent shall be subject to all of the provisions and conditions of this Act.
SECTION 2.
The State Revenue Commissioner shall furnish to each such agent such number of motor vehicle license plates as he may deem necessary for issuance by such agent, together with such blank forms and other supplies as are necessary to enable such agent to perform the duties required of him by this Act. The State Revenue Commissioner shall prescribe such reasonable rules and regulations as in his discretion may be necessary to effectuate the purposes of this Act.
SECTION 3.
Any applicant to register a motor vehicle may apply to such agent, who shall, upon the payment of a fee of tweuty-five cents for each application and upon payment of the license fee required by law, accept the application of such applicant and issue to him the appropriate license plate. The agent shall transmit to the State Revenue Commissioner, under such regulations as the Commissioner may prescribe, the application forms received by him, together with the license fees collected from the applicants. The application fee of twenty-five cents shall go to the agent and be retained by him as compensation for his services under this Act, provided, however, if such agent shall be a salaried employee or official of the County such fees shall be paid into the County Treasury and the Ordinary, Commissioners of Roads and Revenues, or other governing authority shall provide such additional help as may be deemed by him, it or them to be necessary to accomplish the purposes of this Act.
SECTION 4. Each such agent shall give bond, conditioned as the regulations
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133
may require and in such amount as the State Revenue Commissioner may deem necessary and proper, not exceeding $10,000, to adequately protect the State. Such bond shall be executed by a surety company licensed to do business in Georgia, as surety, and the premium shall be paid by the State Revenue Department. The bond shall run to the Governor of Georgia and his successors in office and shall be approved as to form and sufficiency by the State Revenue Commissioner: Provided, however, that the Commissioner, in lieu of such bond, or in addition thereto, may procure fidelity or other insurance to protect the
State.
SECTION 5.
Each agent shall, at least once every thirty days and at such more frequent intervals as the State Revenue Commissioner may direct, remit to the Commissioner all motor vehicle license fees collected by him and make such reports as the Commissioner may require.
SECTION 6.
Nothing contained in this Act shall be construed to prevent the owner of any motor vehicle from registering the same by mail or in person at the State Capitol, as now provided by law.
SECTION 7. This Act shall not apply to chauffeurs' licenses.
SECTION 8.
This provisions of this Act shall not apply to a county having a population of more than 300,000 by the 1950 U.S. Census or any future census.
SECTION 9.
The effective date of this Act shall be January 1, 1956 or with the application for 1956 tags whichever is earlier.
SECTION 10.
All laws or parts of laws in conflict with this Act are hereby repealed.
Mr. Sheffield of Brooks 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 159, nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
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JOURNAL OF THE HOUSE,
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof :
Mr. Speaker:
The Senate has adopted the following resolutions of the House to wit:
HR 33. By Mr. Groover of Bibb:
A Resolution calling for a joint session of the General Assembly for the purpose of hearing a message from His Excellency, Governor Marvin Griffin; and for other purposes.
HR 35. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Resolution urging the Governor to take steps through negotiations or condemnation to complete the acquisition of the site for the Stone Mountain Memorial Park; and for other purposes.
The hour of 11:00 o'clock A. M., having arrived, the Senate appeared upon the floor of the House, and the General Assembly convened in Joint Session for the purpose of electing a successor to the Honorable Jim L. Gillis as a member of the State Highway Board from the Southern Highway District, for the unexpired term ending February 8, 1956.
The President of the Senate being absent, the Speaker of the House called the Joint Session to order.
The Secretary of the Senate read the Resolution providing for the Joint Session.
The Speaker announced that the Joint Session would recess for ten minutes and that the members of the General Assembly from the Southern Highway District would caucus in the Speaker's office for the purpose of nominating a successor for the unexpired term of Honorable Jim L. Gillis as a member of the State Highway Board from the Southern Highway District.
The Speaker called the Joint Session to order.
The caucus of the members of the General Assembly from the Southern Highway District submitted the following Resolution:
Joint Session Resolution 1. By Representatives Barber and Short of Coluitt, Bodenhamer of Tift, and Senator Matthews of the 47th:
A RESOLUTION
Be it resolved by the House of Representatives, the Senate concurring, that Honorable W. A. Blasingame of the County of Colquitt is hereby elected and declared to be a member of the State Highway Board of Georgia, from the Southern Highway District, for the unexpired term of Honorable James L. Gillis, ending February 8, 1956.
WEDNESDAY, JANUARY 19, 1955
135
Be it further resolved that a copy of this Resolution be delivered to His Excellency, the Governor, and the Secretary of State, and said Honorable W. A. Blasingame be commissioned as a member of the State Highway Board of Georgia from the Southern Highway District for the unexpired term of Honorable James L. Gillis, ending February 8, 1956.
Mr. Barber of Colquitt placed in nomination the name of Honorable W. A. Blasingame as a member of the State Highway Board from the Southern Highway District, for the unexpired term of Honorable James L. Gillis, ending February 8, 1956, which nomination was seconded by Messrs. Bodenhamer of Tift, Short of Colquitt, and Senator Matthews of the 42nd.
On the adoption of Joint Session Resolution 1, Mr. Groover of Bibb asked unanimous consent that the Secretary be instructed to cast the unanimous vote of the General Assembly, and the request was granted.
The vote of the General Assembly was cast by the Secretary as follows:
Those voting in the affirmative from the Senate were as follows:
Ayers, 31st Blalock, 36th Brooks, 50th Chance, 51st Clary, 29th Coffin, 11th Davis, 42nd Dean, 40th Dews, 9th Dykes, 14th Florence, 39th Garrett, 53rd Harden, 27th Harper, 26th Harrison, 17th Hollis, 24th Hopkins, 4th Housley, 32nd
Jones, 38th Jones, 18th Jones, 23rd Kelly, 35th Lambert, 28th Lovett, 16th Mann, 48th Matthews, 47th McBride, lOth McDonald, 43rd Morrison, 15th Neel, 7th Overby, 33rd Page, 1st Parker, 20th Paulk, 45th Ponsell, 5th Raulerson, 46th
Reynolds, 8th Richardson, 13th Ricketson, 19th Roop, 37th Seagraves, 30th Shurling, 21st Steis, 25th Strickland, 3rd Toms, 12th Turner, 34th Usrey, 54th Warnell, 2nd Waters, 41st Wetherington, 6th Wilkins, 44th Wood, 49th Zellner, 22nd
Those voting in the affirmative from the House were as follows:
Adams Allen Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth
Bodenhamer Boggus Bolton Brannen Brown Caldwell Campbell Carlisle Cason Cates Chambers Cheatham Cheek
Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Davis Deal Deen Denmark
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JOURNAL OF THE HOUSE,
Denson Dozier Drinkard Duke Duncan Edenfield Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade
Gunter Hall Hardaway Harrell Harris Harrison of Jeff Davis Harrison of Wayne
Hawkins Hayes Henderson Hendrix Hogan Holley Houston Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkin;, Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens
Jones of Sumter
Jordan Kelley Kennedy of Turner Kennedy of Tattnali Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lownde. Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton
Pickard Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Ruark Rutland Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Smith, Hoke, of Fulton Smith, M. M., of Fulton Sognier Souter Stephens of Clarke Strickland Stripling Tamplin Tanner Tarpley Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker
On 'the adoption of the Resolution, the ayes were 252, nays 0.
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137
The Resolution was adopted.
The Speaker declared that Honorable W. A. Blasingame of Colquitt County had been elected as a member of the State Highway Board of Georgia from the Southern Highway District for the unexpired term of Honorable James L. Gillis, ending February 8, 1956.
Senator Overby of the 33rd moved that the Joint Session be now dissolved, and the motion prevailed.
The Speaker called the House to order.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 36. By Messrs. Moate of Hancock, Murr of Sumter, Willingham of Cobb, and many others :
A Bill to be entitled an Act to reorganize the military forces of the State; to conform the organization, training and discipline to the requirements of the United States, and for other purposes.
Mr. Duke of Baldwin moved that the House do now adjourn until tomorrow morning at 10:00 o'clock, and the motion prevailed.
The Speaker announced the House adojurned until tomorrow morning at 10 :00 o'clock, and HB 36 went over until tomorrow under the order of unfinished business.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Thursday, January 20, 1955.
The House met pursuant to adjournment this day at 10:00 o'clock, A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Boggus of Ben Hill, 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 under the Rules of the House.
2. First reading and reference of Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local bills and general bills with local application.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker in his discretion, may call up any bill on the general calendar in any order he deems advisable.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 138. By Mr. Chambers of Richmond:
A Bill to be entitled an Act establishing a lien on any motor vehicle for damages to person or property or death resulting from the negligent wanton or unlawful operation thereof; and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 139. By Messrs. Holley, Chambers and Sanders of Richmond:
A Bill to be entitled an Act to amend an Act relating to compulsory school attendance so as to provide for certain excuses from attendance; to provide for the date within such proceedings must be filed in court to enforce the provisions of the Act, and for other purposes.
Referred to the Committee on Education # 1.
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139
HB 140. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act relating to the definition of Optometry and the unlawful practice of optometry, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 141. By Messrs. McKenna of Bibb, Deen of Bacon, Jackson of Jones.
A Bill to be entitled an Act to provide that no person shall drive a motor vehicle upon any street, road or highway of this State without having obtained a motor vehicle liability insurance policy; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 142. By Mr. Fowler of Tift:
A Bill to be entitled an Act to amend an Act entitled "An Act to prevent the Spread of Hog Cholera; and for other purposes.
Referred to the Committeee on General Agriculture # 2.
HB 143. By Messrs. Murphey of Crawford, Brannen of Dooly, Willingham of Cobb, McGarity of Henry, Jessup of Bleckley and others:
A Bill to be entitled an Act to amend an Act relating to free tuition, age limits for children entering the common schools, and admission of Veterans of World War II, and for other purposes.
Referred to the Committee on Education # 1.
HB 144. By Messrs. Murphey of Crawford, Brannen of Dooly, Willingham of Cobb, McGarity of Henry, Jessup of Bleckley, McKenna and Carlisle of Bibb and others.
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; to provide for the filing of accident reports," and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 145. By Messrs. Ray of Warren, Garrard of Wilkes, Jones of Lumpkin,
Groover of Bibb and Scoggin of Floyd: A Bill to be entitled the "Structural Pest Control Act", so as to define words and terms used herein; to create a "Structural Pest Control Commission"; and for other purposes.
Referred to the Committee on General Agriculture # 1.
HB 146. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to amend the Intangible Property Tax Act, in reference to the intangible tax on long term notes secured by real estate, and for other purposes.
Referred to the Committee on Ways and Means.
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JOURNAL OF THE HOUSE,
HB 147. By Messrs. Henderson of Atkinson and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to the adoption laws of this State, so as to provide that nothing therein shall prevent a legally adopted child from inheriting from his natural parents; and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 148. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to amend an Act relating to salary, term and the office of joint-secretary, expenses of board meetings, clerks and employees, time and place of meetings, so as to provide that expense vouchers shall in each case be itemized, approved by the Chairman of each respective board, or on expense vouchers of the Georgia State Board of Funeral Services, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 149. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to amend an Act relating to the penalty for escapes in misdemeanor cases, so as to provide that a police officer or guard may shoot a misdemeanor prisoner to prevent escape; and for other purposes.
Referred to the Committee on Penitentiary.
HB 150. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to amend an Act relating to the punishment of persons convicted of misdemeanors, so as to provide that persons convicted of a misdemeantor and sentenced to a jail sentence of any duration or any other imprisonment sentence of less than twelve months duration shall serve their sentence under the jurisdiction, care and control of the county authorities wherein the conviction was had; and for other purposes.
Referred to the Committee on Penitentiary.
HB 151. By Messrs. Groover of Bibb, and Kennedy of Turner:
A Bill to be entitled an Act to regulate certain loans of $2,500.00 or less to be known as the Georgia Industrial Loan Act; to provide for license and define the persons who may operate thereunder; to provide exemptions therefrom; to create the office of Georgia Industrial Loan Commissioner, etc., and for other purposes.
Referred to the Committee on Banks and Banking.
HB 152. By Messrs. M. Smith, H. Smith and Lokey of Fulton.
A Bill to be entitled an Act to regulate the sale of used motor vehicles; to prohibit any business from buying, selling or auctioneering used motor vehicles until complying with the terms of this Act; and for other purposes.
Referred to the Committee on Motor Vehicles.
THURSDAY, JANUARY 20, 1955
141
HB 153. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to prohibit and to regulate the solicitation of votes for any person or proposition on any election day; and for other purposes.
Referred to the Committeee on State of Republic.
HB 154. By Mr. Harrison of Wayne:
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 certain exceptions; and for other purposes.
Referred to the Committee on Game and Fish.
HB 155. By Messrs. Bolton of Spalding, Stephens of Clarke, H. Smith of Fulton, Coker of Walker, Matthews of Clark, Gunter of Hall, Scoggin of Floyd and Rowland of Johnson.
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 # 2.
HB 156. By Messrs. Watson and Denson of Dougherty, Birdsong of Troup, Gunter of Hall, Lam of Troup, MeWhorter of DeKalb and many others:
A Bill to be entitled an Act to authorize the Clerk of the superior court of any court of the State having a population of not less than 36,000, to install and use photostatic equipment or other photographic equipment, and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 157. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend an Act establishing the City Court of Valdosta, and for other purposes.
Referred to the Committee on Municipal Government:
HB 158. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to provide for an advisory referendum election to be held in DeKalb County for the purpose of ascertaining the form of government desired by the people of such county, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 159. By Messrs. Floyd and Weems of Chattooga, Campbell and Coker of Walker, Gross of Stephens and Love of Catoosa:
A Bill to be entitled an Act to amend an Act entitled "An Act to create
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JOURNAL OF THE HOUSE,
a new judicial circuit for the State of Georgia to be called the Lookout Judicial Circuit," and for other purposes.
Referred to the Committee on Special Judiciary.
HB 160. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to create a three member Board of Commissioners of Roads and Revenues of Clayton County; to provide for Commissioner Districts, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 161. By Messrs. Holley, Sanders and Chambers of Richmond:
A Bill to be entitled an Act to provide for the continued existence of the Richmond County Department of Health, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 162. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to prohibit and to regulate the solicitation of votes for any person or proposition on any election day in all counties having a population of not less than 14,225 and not more than 14,300, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 163. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Mount Vernon, Montgomery County, and for other purposes.
Referred to the Committee on Municipal Government.
HB 164. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act placing the Coroner of Clayton County on a salary rather than a fee basit~, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 165. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend the City Charter of Doraville, and for other purposes.
Referred to the Committee on Municipal Government.
HB 166. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act changing from the fee to the salary system in certain counties having a population of not less than 125,000 and not more than 145,000, of all deputies, assistants,
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143
clerks and employees of the Clerk of the Superior Court, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 167. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act to authorize the establishment of limited access highways in counties having a population of 300,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 168. By Messrs. McWhorter, Mackay and Rutland of DeKalb.
A Bill to be entitled an Act to amend an Act authorizing the employment of an expert accountant to examine county affairs in counties having a population of not less than 120,000 and not more than 145,000, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 169. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act authorizing the election of a Commissioner of Roads and Revenues for the County of DeKalb by creating and establishing in DeKalb County a Department of Finance, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 170. By Messrs. Willingham of Cobb, Groover of Bibb and H. Smith of Fulton and 163 others:
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, and for other purposes.
Referred to the Committee on State of Republic.
HB 171. By Messrs. Twitty of Mitchell and Short of Colquitt:
A Bill to be entitled an Act to amend an Act entitled "An Act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia Farms; to legalize the making of light domestic wines; to exempt from all taxation wines made from crops of grapes, fruits or berries, whether wild or cultivated by producers in Georgia"; and for other purposes.
Referred to the Committee on General Agriculture # 1.
HB 172. By Messrs. Bodenhamer and Fowler of Tift, Rutland of DeKalb, Jones of Worth, Willis of Thomas, Moorman of Lanier and many others:
A Bill to be entitled an Act to prohibit the advertisement of spirituous
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liquors and distilled spirits, wine, or malt beverages; and for other purposes.
Referred to the Committee on Temperance.
HB 173. By Messrs. Bodenhamer of Tift, Barber of Jackson, Ayers of Madison, Perkins of Carroll, Tarpley of Union, Dozier of Miller, and many others:
A Bill to be entitled an Act to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, and for other purposes.
Referred to the Committee on Temperance.
HB 174. By Messrs. Bodenhamer of Tift, Rutland of DeKalb, Fowler of Tift, Jones of Worth, Willis of Thomas, Moorman of Lanier and many others:
A Bill to be entitled an Act to make it unlawful for any person to employ in any capacity whatsoever a person under twenty-one years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are sold or offered for sale; and for other purposes.
Referred to the Committee on Temperance.
HB 175. By Messrs. Bodenhamer and Fowler of Tift, Jones of Worth, Lokey of Fulton, Barber of Jackson, Perkins of Carroll and many others:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus; so as to change the method of compensation; and for other purposes.
Referred to the Committee on General Judiciary # 1.
Mr. Bodenhamer of Tift moved that House Bills Nos. 172, 173, and 174 be engrossed.
On the motion to engross, the ayes were 41, nays 74.
The motion to engross was lost.
The Speaker announced that HB 151 was inadvertently referred to the Committee on Banks and Banking, and directed the Clerk to assign the bill to the Committee on State of the Republic.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Short of Colquitt 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 35. Do Pass.
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145
HB 81. Do Pass. HB 75. Do Pass. HB 124. Do Pass.
Respectfully submitted, Short of Colquitt,
Chairman.
Mr. Short of Colquitt 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 47. Do Pass. HB 46. Do Pass. HB 33. Do Pass. HB 32. Do Pass. HB 34. Do Pass. HB 25. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Scoggin of Floyd 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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 82. Do Pass.
HB 136. Do Pass.
HB 137. Do Pass.
HB 96. Do Pass.
HR 17-34e. Do Not Pass.
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JOURNAL OF THE HOUSE,
HB 116. Do Pass. HB 98. Do Pass.
Respectfully submitted, Scoggin of Floyd,
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 recommendation:
HB 70. Do Pass.
Respectfully submitted,
Jones of Lumpkin,
Chairman.
Mr. Wooten of Randolph County, Chairman of the Committee on Public
Highways # 1, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways # 1 has had under consideration the
following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 67. Do Pass.
Respectfully submitted,
Wooten of Randolph,
Chairman.
Mr. Drinkard of Lincoln 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 me as Chairman, to report the same back to the House with the following recommendations:
HB 56. Do Pass.
HR 23-54a. Do Pass.
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147
HR 34. Do Pass. HR 31-84a. Do Pass.
Respectfully submitted, Drinkard of Lincoln,
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 9. By Senator Hillis of the 24th:
To be entitled an Act to amend an Act providing for actions against non-residents operating motor vehicles in this state; and for other purposes.
SB 19. By Senator Dean of the 40th:
To be entitled an Act to amend Chapter 34-33 of the Georgia Code of 1933, as amended by Acts approved March 27, 1941 (Ga. Laws 1941, p. 365) and March 20, 1943 (Ga. Laws 1943, p. 228) and March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 579), which chapter, as amended, relates to voting by mail by persons other than military personnel; and for other purposes.
SB 21. By Senator Overby of the 33rd:
To be entitled an Act to amend "An Act to establish a City Court in the County of Hall, and to provide for the appointment of a Judge and Solicitor thereof"; and for other purposes.
The Senate has adopted the following Resolution of the Senate, to-wit:
SR 9. By Senator Page of the 1st:
Authorizing the State Library to furnish to the Second Division of the Superior Court of Chatham County, without cost, a complete set of Georgia Supreme Court reports and Court of Appeals reports and Annotated Code of Georgia.
By unanimous consent, the following Bills and Resolutions of the House, favorably reported, were read the second time:
HB 25. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to repeal an Act relative to the salaries of officials in certain counties; to provide for the compensation of the Clerk of the Superior Court, the Sheriff, the Ordinary, and Tax Commissioner of Troup County, and for other purposes.
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JOURNAL OF THE HOUSE,
HB 32. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish the county court of Echols County", and for other purposes.
HB 33. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act amending, revising, superseding and consolidating the laws creating and governing the Commissioners of Roads and Revenues of Echols County, and for other purposes.
HB 34. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act entitled "An Act providing that purchases made by the County Board of Education of Echols County shall be done by public bidding"; and for other purposes.
HB 35. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to place the Sheriff, the Superior Court and the Ordinary of Dougherty County on a salary basis, and for other purposes.
HB 46. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to consolidate the office of tax collector of Hall County and the office of Tax Receiver of Hall County into the single office of Tax Commissioner; and for other purposes.
HB 47. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to provide for a referendum by which a majority of the qualified voters of Hall County voting in said referendum can place the Sheriff of Hall County, the Clerk of Superior and City Court of Hall County and the Ordinary of Hall County on a salary system of compensation; and for other purposes.
HB 56. By Mr. Pickard of Muscogee:
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.
HB 67. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that it shall be unlawful for any person to stop or park any automobile, truck, etc. on the paved or surfaced portion of any State-aid road, highway or laned roadway, and for other purposes.
HB 70. By Messrs. Henderson of Atkinson and Deen of Bacon:
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.
THURSDAY, JANUARY 20, 1955
149
HB 75. By Mr. Dozier of Miller:
A Bill to be entitled an Act to provide for the use of voting machines, for casting, registering and recording and computing ballots or votes in all elections including primaries and municipal elections in the County of Miller, and for other purposes.
HB 81. By Mr. Dozier of Miller:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of the County of Miller, and for other purposes.
HB 82. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act entitled "An Act to authorize counties having a population of more than 80,000 by the U. S. Census of 1940 or by any future census, to levy taxes for the purposes defined therein", and for other purposes.
HB 96. By Messrs. Lokey of Fulton, Willingham and Reed of Cobb, Groover of Bibb, Scoggin of Floyd, and Freeman of Monroe:
A Bill to be entitled an Act to amend an Act to provide a uniform method of fixing the salaries, allowances, and travel expenses to be paid to certain elective officials, so as to include Judges of the Superior Courts within the purview of said Act; and for other purposes.
HB 98. By Mr. Chambers of Richmond:
A Bill to be entitled an Act to amend an Act relating to preparation of jury lists so as to provide for assigning to each such name thereon a number which shall also appear on the ticket for each such juror; and for other purposes.
HB 116. By Messrs. Murphy of Haralson, Bagby of Paulding, McKelvey of Polk and Cornelius of Polk:
A Bill to be entitled an Act to amend an Act relating to the revision of jury lists by providing that the time allowed boards of jury commissioners after the first Monday in August in the years of their meeting to revise jury lists shall be extended from thirty to sixty days; and for other purposes.
HB 124. By Mr. Parker of Appling:
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 Appling, and for other purposes.
HB 136. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act to amend an Act, which defines the extent of the interest which an applicant for homestead exemption from taxation meust have in property in order to be entitled to such homestead exemption with respect thereto, and for other purposes.
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JOURNAL OF THE HOUSE,
HB 137. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act to ratify, approve and confirm the executive order of the Governor suspending the collection of all ad valorem taxes (except those which are of a type to which the constitutional homestead exemption is expressly inapplicable) with respect to any property occupied as a residence and held under an occupancy agreement by a stockholder of a non profit cooperative ownership housing corporation having legal title to such property or being lessee thereof under a lease of an original term of ninety-nine years, and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 14. By Messrs. M. Smith, Hoke 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 report 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 16. By Messrs. Lokey, Hoke Smith and Muggsy Smith of Fulton:
A Bill to be entitled an Act to amend an Act to provide for the retirement of the Judges and Solicitor General of the Criminal Court of Fulton County, and for other purposes.
The report of the Committee which was favorably 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 17. By Messrs. Lokey, M. Smith and Hoke 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.
Th report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The Bill having received the requisite constitutional majority, was passed.
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151
HB 85. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to create 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 106, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 86. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to establish a method for fire prevention systems in unincorporated portions of Fulton County, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 87. By Messrs. Lokey, M. Smith and Hoke Smith of Fulton:
A Bill to be entitled an Act to repeal an Act to require the Commissioners of Roads and Revenues in counties of a certain population to supplement the funds of the County Board of Education from any funds in 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 108, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 88. By Messrs Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act in reference to garbage disposal systems in the unincorporated portions of Fulton County, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The Bill having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 89. By Messrs. Lokey, H. Smith, and M. Smith of Fulton: A Bill to be entitled an Act to amend an Act to require the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns for the City of Atlanta, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 90. By Messrs Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to establish a method for providing parks and recreational systems in the unincorporated portions of Fulton County, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 92. By Messrs. Lokey, H. Smith, and M. Smith of Fulton:
A Bill to be entitled an Act to amend the Code in reference to elections for certain county officers in counties of a certain population, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 93. By Messrs. Lokey, H. Smith, and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to provide for the use of voting machines, by adding a new section to provide for the rental of such machines, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The Bill having received the requisite constitutional majority was passed.
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153
HB 94. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to authorize the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular 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 114, 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 Hygiene & Sanitation and recommitted to the Committee on Appropriations:
HB 7. By Messrs. Mincy of Ware, Harrison of Wayne, and others:
A Bill to be entitled an Act to amend an Act authorizing the State to make grants to assist in the construction of public hospitals and health centers, and for other purposes.
By unanimous consent, the following Bills of the House were withdrawn from the Committee on General Judiciary No. 2, and recommitted to the Committee on General Judiciary No. 1 :
HB 106. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that a power of sale, unless limited in the instrument creating same, authorizes a private sale by the donee of such power, except as to instruments given to secure debt, and for other purposes.
HB 108. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that the right of a widow or minor child to a year's support from the estate of a decedent shall be barred by a sale by an administrator or executor of such estate prior to the setting apart of such year's support, and for other purposes.
HB 111. By Messrs Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend the Code relating to the keeping of the general execution docket, and for other purposes.
By unanimous consent, the following Bills of the House were withdrawn from the Committee on Special Judiciary and recommitted to the Committee on General Judiciary No. 1 :
HB 107. By Messrs. Stephens and Matthews of Clarke:
A bill to be entitled an Act to amend the Code providing how dower may be barred by a sale by an administrator or executor under author-
154
JOURNAL OF THE HOUSE,
ity of a competent court or a power in a will, prior to the application for dower, and for other purposes.
HB 110. By Messrs Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend the Code concerning the dormancy of judgments, and for other purposes.
The following Resolution of the House was taken up for consideration and read the second time :
HR 34. By Mr. Freeman of Monroe: A Resolution providing for the appointment of a Special Committee by the Speaker of the House to investigate the matter of the raising and disposition of the fund by the Georgia State Firemen's Association in connection with a proposed pension bill, and for other purposes.
Mr. Smith of Emanuel asked unanimous consent that the Resolution be adopted, and no objection was heard.
The Speaker declared the Resolution adopted.
Under the provisions of HR 34, the Speaker appointed as a Committee, the following:
Messrs. Freeman of Monroe, Roughton of Washington, Harrison of Wayne, Garrard of Wilkes, and Lokey of Fulton.
The following Resolution of the House was taken up for consideration and read the second time :
HR 23-54a. By Mr. Deen of Bacon:
A Resolution memorializing Congress to call a Convention to consider an Amendment to the Constitution of the United States relative to the operation of state schools, and for other purposes.
The Resolution was adopted.
The following Resolutions of the House were read and referred to the Committee on State of the Republic:
HR 43. By Mr. Harrison of Wayne:
A Resolution providing for a Committee to inspect county and municipal jails and prison facilities, and for other purposes.
HR 44. By Mr. Harrison of "\\'ayne:
A Resolution providing for a committee to study the procedures relative to the publication and submission of proposed Constitutional amendments, and for other purposes.
THURSDAY, JANUARY 20, 1955
155
HR 45. By Messrs. Odom of Camden and Killian of Glynn:
A Resolution to appoint a Committee to explore the possibilities of leasing and utilizing appropriate lands for the preservation of our wild life, and for other purposes.
HR 46. By Mr. Carlisle of Bibb:
A Resolution providing for a Committee to study the advisability of constructing a press gallery, and for other purposes.
HR 47. By Mr. Walker of Rockdale:
A Resolution authorizing the appointment of a Committee to investigate additional public address equipment for the House of Representatives, and for other purposes.
The following Resolution of the House was read and adopted:
HR 48. By Messrs. Stephens of Clarke and Freeman of Monroe:
A RESOLUTION
Recommending the placing of a bust of Stonewall Jackson in the Hall of Fame in New York City; and for other purposes.
WHEREAS, Thomas Jonathan Jackson, better known as "Stonewall", was a great American and Christian; and
WHEREAS, he was one of the greatest generals the world has ever known and his genius as a military strategist has caused such strategy to be studied the world over; and
WHEREAS, he is deserving of proper recognition, and the United Daughters of the Confederacy have undertaken the project of getting a bust of Stonewall Jackson placed in the Hall of Fame in New York City; and
WHEREAS, the United Daughte1s of the Confederacy will underwrite the cost of such bust and such project will be without expense to the State of Georgia; and
WHEREAS, this undertaking is admirable and praiseworthy;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that this body go on record as heartily endorsing the aforesaid project, and commending the United Daughters of the Confederacy for their efforts in this matter, and authorizing the United Daughters of the Confederacy to inform the proper authority that such project has the wholehearted endorsement of the representatives of the people of this State.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SR 9. By Senator Page of the 1st: A Resolution authorizing the State Library to furnish to the Second
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JOURNAL OF THE HOUSE,
Division of the Superior Court of Chatham County a complete set of Georgia Supreme Court reports and Court of Appeals reports and Annotated Code of Georgia.
Referred to the Committee on Public Library.
SB 9. By Senator Hollis of the 24th:
A Bill to be entitled an Act to amend an Act providing for actions against non-residents operating motor vehicles in this State, and for other purposes.
Referred to the Committee on General Judiciary # 1.
SB 19. By Senator Dean of the 40th:
A Bill to be entitled an Act to amend an Act relating to voting by mail by persons, and for other purposes.
Referred to the Committee on State of Republic.
SB 21. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act to establish a City Court in the County of Hall, and for other purposes.
Referred to the Committee on Counties and County Matters.
The following Resolution of the House was read and adopted:
HR 49. By Mr. Odom of Camden:
A RESOLUTION
WHEREAS, the people of the soverign State of Georgia do desire to show their gratitude to one of its great statesmen for services to the State and Nation, and
WHEREAS, he did render a service to his Country in World War 2 above and beyond the call of duty, as evidenced by the hundreds of men who served directly with him, and
WHEREAS, as Adjutant General of the State of Georgia, Executive Secretary to one of its Governors, and as Lieutenant Governor of the State of Georgia for a period of six years did conduct himself in such a manner that the people of this great State overwhelmingly elected him its Governor November 2, 1954, and
WHEREAS, he is a beloved gentleman of the Old South, and that he fought so gallantly for our southern traditions and for the privileges of our southern way of life, and
WHEREAS, it is fitting and proper that certain things should be done to show the appreciation of a grateful people.
NOW, THEREFORE, BE IT RESOLVED that a section of Cumberland Island in Camden County in the State of Georgia hereinafter described as follows, to wit: "Beginning at a point at the low water
THURSDAY, JANUARY 20, 1955
157
mark of the Atlantic Ocean on the Eastern shore of Cumberland Island where the southern boundary line of the 31st District G.M. touches the said low water mark, and from said beginning a point running in a generally northerly direction along the said low water mark for a distance of 5 miles; thence at right angles and in a westerly direction to the eastern line of Cumberland River; then in a generally southerly direction along the eastern line of Cumberland River in its meandering to the point of intersection of the eastern line of Cumberland River with the southern boundary line of the 31st GM; thence in an easterly direction following the southern boundary line of said District to the point of beginning at the low water mark of the Atlantic Ocean",shall hereafter be known as Griffin Beach, Georgia, and further that the Georgia Department of Archives and History be authorized and directed to erect a plaque with proper inscription thereon memoralizing these facts.
The following Resolution of the House was taken up for consideration and read the second time:
HR 31-84a. By Mr. Fowler of Douglas:
A Resolution memorializing Congress to call a Convention for the purpose of considering an amendment to the Constitution of the United States relative to the administration by the several states of their respective school systems, and for other purposes.
The following amendment to HR 31-84a was read and adopted:
Mr. Fowler of Douglas amends HR 31-84a by adding a paragraph at the bottom as follows:
Be it further resolved that a duly attested copy of this Resolution be immediately transmitted to the Governor of every State and the President of the State Senate of every State and the Speaker of the House of every State for the express purpose of encouraging the sovereign states to take similar action in their Legislatures.
The Resolution, as amended, was adopted:
Under the order of unfinished business, the following Bill of the House was again taken up for consideration:
HB 36. By Messrs. Moate of Hancock, Murr of Sumter, Fowler of Douglas, and others:
A Bill to be entitled an Act to reorganize the military forces of the State, to conform the organization, training and discipline to the requirements of the United States, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 141, nays 0.
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JOURNAL OF THE HOUSE,
The Bill having received the requisite constitutional majority, was passed.
By unanimous consent, the Bill was ordered immediately transmitted to the Senate.
By unanimous consent, HR 31-84a was ordered immediately transmitted to the Senate.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 9. By Messrs. Willingham, Bentley, and Reed of Cobb:
A Bill to be entitled an Act to amend the Code relating to the inspection of public buildings and property, so as to provide for an annual inspection by the Grand Jury, and for other purposes.
The following amendment to HB 9 was read and adopted:
Mr. Matthews of Clarke amends HB 9 by adding the words "or second" following the words "the first" in Section One and by adding the words "or second" in any appropriate places in the bill.
The report of the Committee which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended ,the ayes were 110, nays 0.
The Bill having received the requisite constitutional majority, was passed, as amended.
Mr. Groover of Bibb moved that the House recess until 11:55 o'clock, A. M., this day, and the motion prevailed.
The Speaker announced the House recessed until 11:55 o'clock, A. M.
11:55 o'clock A. M.
The Speaker called the House to order.
The House of 12:00 o'clock, noon, having arrived, the Senate appeared upon the floor of the House, and the General Assembly convened in Joint Session for the purpose of hearing a message from His Excellency, Governor Marvin Griffin.
The President of the Senate called the Joint Session to order.
The Secretary of the Senate read the Resolution providing for the Joint Session.
Accompanied by the Committee of Escort, and other distinguished persons,
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Governor Marvin Griffin appeared upon the floor of the House, was escorted to the Speaker's stand, introduced to the Joint Session of the General Assembly by the President of the Senate, and delivered the following address:
LT.-GOVERNOR VANDIVER; SPEAKER MOATE; MEMBERS OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES,
AND MY FELLOW GEORGIANS:
My message to you today combines budgetary recommendations and the broad policies which my administration will follow during the four years to come.
While campaigning last summer, I made three prime commitments to the people of Georgia, the fulfillment of which is the dedicated purpose of this administration. They are:
1. We will carry forward all those programs which are stimulating widespread development in the State.
2. Our County Unit System will be maintained as is and will be protected against all attacks.
3. Georgia's Constitutional requirement that the races be segregated in her schools and colleges will be upheld by me with all the resources at my disposal-COME WHAT MAY!
These three stated principles from the chart which will guide us as we may undertake our work.
By steadfast determination and willing sacrifice, we can preserve our sacred heritage. We can protect our long established institutions against any assaults. At the same time, we can achieve here a fuller and more prosperous life for all our people and the generations of the future.
Your state government during the last few years has set the pace successfully for growth in business, agriculture, industry and all forms of activity.
The tempo of this forward movement is best reflected in an article by J. Frank Beatty which I read in the weekly trade magazine "Broadcasting and Telecasting" in the December 27th issue.
This publication is circulated largely among hard-headed business, advertising, radio and TV executives. These men are interested in finding markets and selling their goods. It is extremely significant when Georgia is singled out as the site of unlimited opportunity in the nation.
If you will permit me to do so, I would like to quote briefly a few of the highlights from this 12-page article lauding our State.
"Georgia is a State of new industry, new agriculture and new life. The economic indices tell a story no advertiser can afford to overlook.
"A BILLION dollar market is forming-in the newest industrial empire east of the Pacific-and the fastest growing.
"Georgia-is setting an economic pace portending progress beyond
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the wildest dreams. Its natural resources and climate provide markets that are drawing industrial plants by the hundreds.
"You can hear Georgia growing when you wake up in the morning.
"Its recent physical progress matches that of any other state.
"Young people are no longer seeking greener fields elsewhere.
"Georgia is one of the nation's better markets as family and per capita income rise spectacularly.
"The State's industrial potention has scarcely been touchedabundant water-reliable power supply at low rates--rail and truck transportation centers-ample port facilities-industrial capital of the South-hub for federal government activities-tax structure favorable to industry-new plants with pleasant working conditions-rennaissance in agriculture-thriving cities and progressive towns-high community spirit and-good labor relations.
"Georgians are on the move!"
Those words summarize the phenomenal strides our State is making. They emphasize the simple truth that Georgia is a growing State and her advancement carries with it corresponding responsibility which must be recognized, met and accepted if we are to take advantage of the destiny that can be ours.
**********
The administration's legislative program submitted to you at this session of the General Assembly is clear and forthright. It is designed to implement policies already stated and to insure even further improved operation of your State government in the future.
First items of legislation which I should like to discuss with you concern the State Highway Department. Road building is one of the four major functions of the State Government and closely affects the lives of all citizens. Expenditure of approximately $60 million dollars per year for this purpose can be a far-reaching instrument for public good if prudently handled.
This administration is supporting a measure to provide for largescale construction of hard-surfaced, all-weather rural roads in Georgia through the Authority method of financing. Such a program successfully carried out over the length and breadth of the State will open up vast new avenues for both agricultural and business development. I am confident that these routes will quickly pay their cost in greater land values and increased business and farm trade.
Highway engineers tell me that there are approximately 70 thousand miles of unimproved rural, farm-to-market or post roads in the State. Out of this total, some 16 thousand miles carry traffic which would warrant major improvement. Therefore, the initial goal of the administration will be devoted first to these more heavily traveled routes.
Your favorable consideration is requested on another important matter relating to the Highway Department, and that is on the proposal to repeal the Act providing for toll roads.
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Georgians are wary of the toll gate.
So am I.
I hope we can do the job here with free roads.
Six months ago President Eisenhower in a message to the National Conference of Governors, outlined what he termed a "grand plan for solving the Country's road problems.
He recognized the threat which inadequate highways pose to the nation's future growth and welfare.
The president admitted an over-riding federal responsibility for financing the interstate system and acknowledged the usefulness of tolls in accomplishing this purpose.
Georgia's General Lucius D. Clay was subsequently appointed to head an Advisory Committee of businessmen to recommend concrete proposals to implement the president's ideas for widespread road improvement.
Although the Clay committee is finished with its studies, it is not known what of its recommendations the president will accept, nor what the congress will enact into law after being recommended by the president.
Notwithstanding the proposals which are still in the talking stage, it is my request that the General Assembly, at this session, go ahead and repeal Georgia's Toll Road Act. I am of the firm belief that you legislators should pass on the location and route of any toll highways which might be constructed in Georgia.
Since the General Assembly meets every year, we will have ample time to take advantage of any federal legislation which might be passed under the president's plan. It is incumbent for us to keep an open mind. We must be prepared to study and take advantage of all federal funds which might later become available to Georgia.
****** * * * *
Another recommendation submitted to you provides for adoption of a more convenient method for the sale and distribution of automobile license tags.
This Bill authorizes sale of license plates at the county court houses by the Tax Commissioners of Tax Collectors.
In making this change we must give thoughtful consideratio11 toward maintenance of adequate records and careful accounting for funds due the State.
**********
For several years the schedule of benefits available to our working people under Workmen's Compensation laws has not kept up with inflated costs of living. Benefits for injury, last sickness, and funeral expenses need upward revision to remove this flagrant inequality.
Efforts have been made in the General Assembly during the last three years to do something about this, but such bills were killed by
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opposing interests. The time has come for us to take definite action to protect the welfare of our working people.
They have no lobby to fight for their interests. But I am sure that you will see to it at this session that our Workmen's Compensation Law is amended so as to provide a fair level of benefits.
***** *****
Every geologist and oil man with whom I have talked believes that there are vast oil reserves in Georgia.
Some think that our State has the potential for the greatest production of this mineral resource in the Country.
Since oil is where you find it, I believe we should do everything to stimulate the search.
I urge the adoption of a Constitutional Amendment lifting the oil bounty from $100,000 to $250,000 for the first commercial well brought in, and that the present potential production requirement per day be reduced from 250 barrels to 100 barrels. It is suggested that the bounty be equally divided between the producer and the land owner.
I say this, for eventual oil production in Georgia is dependent completely upon operators who are willing to assume the risk of exploitation and land owners who are willing to lease their property for this purpose.
**********
Now, let me make my position clear on our traditional political institution in Georgia-the County Unit System.
It has served us well and faithfully for many years. The principle it embodies has been been a bulwark of representative government since the establishment of our State and Nation. As Governor, I will maintain this system which assures all the people an effective voice in the affairs of their government.
**********
The United States' Supreme Court decision declaring segregation in the public schools of the South unconstitutional is the most farreaching challenge flung in the face of the people of our region since the War Between the States.
I speak for the people of Georgia when I say that we accept this challenge. We accept it with the firm assertion that we shall not surrender to this Court the inalienable rights of our Sovereign State. We shall not surrender our right to conduct and regulate our own educational institutions.
The State created them.
The State built them.
The State finances them.
The State shall run them.
The people of the Southern states have shown at the ballot box
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163
their determination to resist this tyranny. We must labor tenaciously to gird our defenses if we are to overcome the dangers of certain destruction to our long-established pattern of social conduct which loom ominously ahead.
It is likely that during the service of the members of this General Assembly now in office the school segregation crisis may reach its fearful climax.
Our only concern in the days to come will be the welfare of the children of Georgia.
Utilization of the powers contained in the School Segregation Amendment is admittedly a last resort measure.
But we put all on notice, here and now, that we will not hesitate to use it to preserve the integrity of the races and protect the wellbeing and security of the children of Georgia.
The threatened intention of federal authorities, prior to the decision to subject the public schools of the states to federal control, caused the last session of the General Assembly to take two precautionary steps.
They were:
1. Summission of the school segregation amendment to the people.
2. Creation of the Georgia Commission on Education.
Thus it happened that when in May of last year the federal Supreme Court finally handed down its decision against state schools, we, in Georgia, were prepared to act.
And when the people ratified the amendment in the last general election, our machinery was made ready to deal with whatever problems may arise.
The Georgia Commission on Education has submitted its report on the school situation to you.
I endorse this report and commend it to your careful consideration. I ask that the General Assembly amend the joint resolution creating this commission so as to provide for a report to each session of the General Assembly until such time as its work shall have been completed.
Meanwhile, we must place our public school system in order.
To this end, the report of the Commission recommends enactment of three laws at this session of the General Assembly. They are:
FIRST, an Act to make it certain that no public funds, either state or local, may be expended in Georgia for the maintenance of mixed schools. This Act will further reinforce the plain meaning of the Georgia Constitution on that subject and will implement similar provisions in the State Appropriation Act.
SECOND, an Act relating to assignment of pupils in the public schools; setting up a system of appeals; and providing for grants to
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be made by the State Board of Education under certain circumstances in lieu of attendance in the public schools.
THIRD, an Act relating to the formation of school attendance districts.
I recommend that the Legislature enact the measures recommended by the Georgia Commission on Education and supported by the administration. They have been prepared only after months of study. Any amendments which might be offered to the three measures should be resisted and adopted only when the clear necessity therefor has been established.
Consideration of enactment of other legislation relating to this question should await future developments.
**********
Next, we come to discussion of the State's budget and fiscal affairs and recommendations for future operation.
We must bear in mind that 91% of the State's income goes to financing the four great service functions-Education, Welfare, Highways and Health.
We must remember, too, that it is these agencies whose legitimate needs for necessary expansion continue to mount. Their requests for additional funds stem entirely from the fact that our population is increasing among all age groups. We have now more children of school age and at the same time the older people are living longer.
Business, industrial and agricultural growth creates a demand for more and better services all along the line.
This picture is further complicated by reason of the fact that our current rate of spending by all State agencies is $235 million dollars annually. Yet, our rate of income is $225 million dollars annually. This leaves a deficit of $10 million dollars.
When I was campaigning for governor this past summer the State had just completed a most successful financial year, a year when the appropriations of the State for cost of operating the government and furnishing services to the people of Georgia totaled two hundred twenty-four million, nine hundred thousand dollars and income totaled two hundred twenty-five million, four hundred thousand dollars.
The State was operating the last fiscal year within its income and had approximately five hundred thousand dollars income for the year left as surplus.
This balanced condition of State finances in the past fiscal year led us into a sense of security arid belief that the financial condition of the State by the time that my administration took office would only present the problem of keeping the budget in balance as to future needs.
At the very time I was out running for election to the office of Governor and campaigning on the basis of the financial record of the last fiscal year, the administration in office was beset with financial problems which did not exist the preceding year and which had to be
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solved by using accumulated surplus funds of the State, thereby creating a fixed, continuing program of services with annual costs in excess of the current annual income of the State.
The setting of a program of services with annual costs in excess of the current annual income of the State, although deemed necessary and essential by the preceding administration, has compounded the problems which will confront my administration.
At the beginning of the present administration, there is a surplus in the State Treasury of approximately eleven million dollars. However, when the commitments previously made, which cannot at this time be recalled, are carried out to the end of the fiscal year, June 30, 1955, there will be approximately six million dollars remaining in the State surplus funds.
I will utilize the remaining surplus to carry on as far as possible the program of service as established. This will not be for many months, as this remaining surplus will be exhausted completely by October.
Officials of the State who administer the education, highway, public health and public welfare agencies have indicated that considerable additional money will be required each year over the next four years to meet rising demands in each succeeding year.
For example, the total number of children attending public schools is increasing steadily at the rate of 30,000 each year. This calls for 1150 new teachers, not counting automatic salary increases under provisions of the Minimum Foundation Program, new classrooms required and other necessary educational expenses.
Our University System continues to operate on the same appropriation it received when it had 5,000 less students.
The number of needy Georgians who are entitled to some form of welfare benefits is going up by 10,000 annually.
Hundreds more citizens requiring care and treatment are seeking admission each year to our State's institutions.
At Augusta, the new Eugene Talmadge Memorial Hospital is nearing completion and will cost another three millions a year to operate.
Meanwhile, the federal government is providing $7 million dollars extra money in grants to Georgia for highway construction during the next fiscal year which must be matched with state funds.
It would appear on first thought that the State should reduce other services in order to provide millions needed for education, highways, health and welfare. But it is readily apparent these increases cannot come from other agencies of the State government since these are spending only 9 percent of the total State budget, or only about $21 million dollars annually.
There is no denying the fact that we are confronted with a very serious situation over the next four years. We cannot halt abruptly expansion of State services if we are to meet the growing needs as they arise, and at the same time, encourage future business, agricultural and industrial development.
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Under provisions of our Constitution, the Governor is required to submit to the General Assembly a budget message accompanied by a draft of the General Appropriation Bill, dealing with future financial requirements for operation of the State of Georgia.
There is also an accompanying provision in the Constitution allowing continuation of the present appropriation Act for the next fiscal year or until such time as another Act is passed by the General Assembly.
The current Act provides now for annual appropriations totaling $230 million dollars and its contingent section authorizes another $27 million dollars to be expended in the event revenue is sufficient in any fiscal year to pay the additional amounts.
It appears that the income of the State for this fiscal year, based on a very slight increase reflected in the first six months, will remain at the same level as last year, namely, $225,500,000.
It does not appear that we can expect much relief from increased revenue since the present rate of receipts is far below appropriations already authorized by the General Assembly.
It is absolutely necessary that we give serious study to what amounts will be needed in the next four years to keep Georgia on the plus side of the ledger. We must give consideration to financing her expanding needs and make every effort possible to keep expenditures within the present tax structure of the State.
Since it will be necessary for us to make a careful study of the whole fiscal situation before we can prepare and submit a budget bill to the General Assembly, I urge respectfully that no General Appropriation Bill be considered at this session. It is also recommended that no amendment to the existing General Appropriation Act be enacted, except as specifically recommended to strengthen our State's segregation laws.
This recommended action will allow for the current appropriation Act to continue in force and effect until we are prepared to enact a new Appropriation Bill.
As Governor, I urge the immediate adoption of a joint resolution creating an interim study group to be called the "State Program Study Committee." It is recommended the Committee be composed of the following persons:
Governor, Lt.-Governor, Speaker of the House, Attorney General, State Auditor, Revenue Commissioner, Chairman of the Committee on Appropriations of the Senate, Chairman of the Committee on Appropriations of the House, Chairman of the Finance Committee of the Senate, Chairman of the Ways and Means Committee of the House; and
One member each representing: agriculture, business, consumers, counties, financial institutions, industry, labor, municipalities, parents and veterans.
The "State Program Study Committee" should be charged with the duty of studying the service programs of all departments and agencies of the State government. Particularly attention should be
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paid to the big four departments--education, welfare, highways and health-which will present 99 per cent of the State's financial problems in the next four years.
This Committee should be charged further with the duty of making specific recommendations as to what programs of services are necessary during the next four-year period. And it should be required to make definite recommendations as to the amounts of money needed by each agency for every year over the next four-year period to carry on these programs.
In the event the Committee finds that the recommended program of services in any agency cannot be carried on within the amount of money presently available to that agency for this fiscal year, less the amount allotted from surplus funds, then this Committee will be charged with the additional duty of recommending ways and means of producing in each year of the next four-year period additional funds required.
It is my desire to impress on the Committee the urgent need for immediate action. It will be absolutely essential that the facts the Committee is charged with finding be determined not later than June 15, 1955, which is two weeks before the beginning of the next fiscal year.
These recommendations must be available so that the General Assembly and I can determine what course of action to follow beginning July 1, 1955 to meet the financial problems of the State which I have been discussing with you.
Meanwhile, it shall be my purpose to examine the State's revenue laws and tighten tax loopholes wherever possible.
We shall work to eliminate marginal services and to call useless or inefficient personnel.
All requests for additional funds will be scrutinized closely by the "State Program Study Committee" and by me to make sure that they are made with due regard to the financial condition of the State.
We ask that no changes be made in revenue laws of the State at this session of the General Assembly. We ask that the line be held pending receipt of the study report.
I should like to make it perfectly clear to everyone that as governor I assume full responsibility for the fiscal operation of the State's affairs. One useful purpose of this study committee will be to bring the constant spotlight of newspaper publicity on the operation of the departments of the State government so that the people and the press will have a better understanding and realization of our problems.
**********
Once we know what ought to be done, I am confident that the General Assembly, working in harmony with the Executive Branch, can solve all our pressing financial and governmental matters in a manner which will not only reflect credit on the Legislature and this administration, but will result also in vast betterment of State services for everyone.
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In Georgia we have faced many hardships and vicissitudes. We have battled droughts, tornadoes, floods and other disasters. We fought the boll weevil successfully and have overcome many other handicaps which would have discouraged a less hardy and resolute people. In adversity our citizens have been unified in bearing the burdens and in prosperity we have shared the benefits.
Therefore, we look to the future with confidence. We are hopeful for better things to come, but we are resolved to meet unfavorable conditions, should they arise and to triumph over them. With our people sharing wholeheartedly in this common cause nothing can stop us from becoming one of the shining stars in the galaxy of states.
During the next quarter of a century, we will see unfolded before our eyes a mighty panorama of new wealth and new ways of doing things.
We will see a busy people and a busy state stretching all the way from Rabun Gap to Tybee Light.
Human security and spiritual contentment will show on the rugged and healthy faces of all our people as our children and our grandchildren better prepare themselves to meet the challenges of life.
That is what I see for our glorious State and seeing it, I take renewed hope as we face our common future.
The courage, determination and vision which springs from the deep and abiding faith of our people and the sustenance of the soil that God has given us will see us through.
Senator Lovett of the 16th moved that the Joint Session be now dissolved, the motion prevailed, and the President of the Senate announced the Joint Session dissolved.
The Speaker called the House to order.
Mr. Willingham of Cobb moved that the House do now adjourn until tomorrow morning at 10:00 o'clock, A. M., and the motion prevailed.
Leaves of absence were granted to Messrs. Parker of Appling, Upshaw of Bartow, Campbell and Coker of Walker, and Raulerson of Echols for Friday, January 21, 1955, on account of urgent business.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.
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Representative Hall, Atlanta, Georgia. Friday, January 21, 1955.
The House met pursuant to adjournment this day at 10 :00 o'clock, A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Boggus of Ben Hill, 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 under the Rules of the House. 2. First reading and reference of Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local bills and general bills with local application.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker, in his discretion, may call up any bill on the General Calendar in any order he deems advisable.
By unanimous consent, the following Bills and Resolutions were read the first time and referred to the Committees:
HB 176. By Messrs. McGarity of Henry, Cates of Burke and Murr of Sumter:
A Bill to be entitled an Act to create the Georgia Farmers Market Authority, and for other purposes.
Referred to the Committee on General Agriculture # 2.
HB 177. By Messrs. Groover of Bibb and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the practice of all branches of professional engineering, including that branch of engineering commonly known as surveying; and for other purposes.
Referred to the Committee on State of Republic.
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HB 178. By Messrs. Groover of Bibb and Pickard of Muscogee:
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 179. By Messrs. Frier of Ware and Deen of Bacon:
A Bill to be entitled an Act to provide a uniform method for the purchase of pulpwood; to provide that the buyer of pulpwood must attach a weight certificate to the purchase slip-invoice or other evidence of the purchase; and for other purposes.
Referred to the Committee on Conservation.
HB 180. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to create the Georgia Board of Landscape Architects; to provide for the regulation and licensing of Landscape Architects; and for other purposes.
Referred to the Committee on Conservation.
HB 181. By Messrs. Groover of Bibb, Scoggin of Floyd, Willingham of Cobb, Lokey of Fulton, Twitty of Mitchell, and others:
A Bill to be entitled an Act creating the office of Judge of the Superior Court Emeritus; so as to change the service qualifications; and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 182. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to amend an Act relating to the essentials of marriage, so as to provide that to constitute a valid marriage the parties must obtain such license as is now required by law and be joined in marriage by such person as is now authorized to perform such a ceremony; and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 183. By Messrs. Bodenhamer of Tift, MeWhorter of DeKalb, Roughton of Washington and Barber of Jackson :
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, providing that the Sales and Use Tax imposed by said Act shall not apply to sales of any religious paper in Georgia, owned and operated by religious institutions or denominations, and for other purposes.
Referred to the Committee on Ways and Means.
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171
HB 184. By Messrs. Mincy of Ware and Harrison of Wayne:
A Bill to be entitled an Act to regulate the sale of Funeral merchandise and funeral services upon a "prepa:~-rment plan", and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 185. By Mr. Roughton of Washington:
A Bill to be entitled an Act to define and regulate the issuance of policies of accident and sickness insurance; to provide for its non-application to certain classes of insurance; to establish the form of the policy, and for other purposes.
Referred to the Committee on Insurance.
HB 186. By Mr. Barber of Colquitt:
A Bill to be entitled an Act to amend an Act relative to branch banks, so as to provide that a bank chartered under the laws of this State may establish a branch bank or branch banks in the municipality in which its principal office is located, and for other purposes.
Referred to the Committee on Banks and Banking.
HB 187. By Mr. Roughton of Washington:
A Bill to be entitled an Act to provide that the form of any and all policies of life or health and accident insurance, or of any riders or endorsements used in connection therewith, shall be first filed with and approved by the Insurance Commissioner before being issued in this State, and for other purposes.
Referred to the Committee on Insurance.
HB 188. By Mr. H. Smith of Fulton:
A Bill to be entitled an Act to amend the Uniform Act regulating Traffic on Highways, so as to authorize the governing authorities of cities to adopt ordinances regulating traffic within the corporate limits of such cities; and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 189. By Messrs. Mauldin of Gordon, Campbell and Coker of Walker and Underwood of Bartow:
A Bill to be entitled an Act to change the compensation of the Sheriff of Gordon County from a fee basis to a salary basis; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 190. By Messrs. Underwood and Upshaw of Bartow:
A Bill to be entitled an Act to repeal an Act entitled "An Act to change the ordinary from the fee to the salary system in counties having a
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population of not less than 25,280 and not more than 25,300 inhabitants," and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 191. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act to provide a law Department for Fulton County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 192. By Mr. Mauldin of Gordon:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Calhoun, and for other purposes.
Referred to the Committee on Municipal Government.
HB 193. By Messrs. Willingham, Reed and Bentley 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.
Referred to the Committee on Counties and County Matters.
HR 50-193a. By Messrs. Foster and Blalock of Clayton:
A Resolution proposing compensation to Mrs. Anna Bell Montegut for damages to her automobile, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 51-193b. By Mr. Musgrove of Clinch:
A Resolution authorizing and directing the State Librarian to furnish certain books to the Ordinary of Clinch County, and for other purposes.
Referred to the Committee on Public Library.
HR 52-193c. By Messrs. Gunter and Williams of Hall:
A Resolution to compensate Mr. Paul Fouts for damages caused by State Highway Department Maintenance Crew, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 53-193d. By Messrs. Peters and Hardaway of Meriwether:
A Resolution to furnish the Court of Ordinary of Meriwether County certain law books; and for other purposes.
Referred to the Committee on Public Library.
HR 54-193e. By Messrs. Mauldin of Gordon, Coker and Campbell of Walker and Underwood of Bartow:
A Resolution to authorize the Governor, acting on behalf of the State
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173
to sell for a nominal sum and convey title to the Board of Trustees of the Oothcalooga Lodge Number 154 F. & A. Masons, Calhoun, Gordon County, Georgia, an unused part of the Western and Atlantic Railroad property located in the City of Calhoun, County of Gordon, and for other purposes.
Referred to the Committee on Public Property.
HR 55-193f. By Messrs. Gunter and Williams of Hall:
A Resolution to compensate Mr. J. B. Prosser for damages caused by State Highway Department Vehicle, and for other purposes.
Referred to the Committee on Special Appropriations.
HB 194. By Messrs. Mallory and Caldwell of Upson:
A Bill to be entitled an Act to repeal an Act relating to the control, purchase, sale and use of explosives, and for other purposes.
Referred to the Committee on Special Judiciary.
HR 56-194a. By Mr. Fain of Franklin:
A Resolution authorizing compensation to Eugene Reese for damages to his 1948 Ford Automobile, and for other purposes.
Referred to the Committee on Special Appropriations.
HB 195. By Messrs. Reed, Bentley and Willingham of Cobb:
A Bill to be entitled an Act to provide for the disposal of dead poultry; to provide for the method of disposal; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 196. By Messrs. Bodenhamer of Tift, Carlisle of Bibb, Fowler of Tift and Nightingale of Glynn:
A Bill to be entitled an Act to provide for the capping of flowing artesian wells where the water therefrom is not being put to use; and for other purposes.
Referred to the Committee on State of Republic.
HB 197. By Mr. Lindsey of Spalding:
A Bill to be entitled an Act to declare and establish the policy and intention of the State of Georgia, and to provide that banks, banking institutions, trust companies doing a banking business, and savings banks, incorporated under the laws of this State shall be subject to taxation on an equal basis with banks and banking associations incorporated under the laws of the U. S., and for other purposes.
Referred to the Committee on Ways and Means.
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HR 57-197a. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Resolution proposing an amendment to the Constitution so as to provide for the payment of $250,000.00 in connection with the bringing in of the first commercial oil well in this State, and for other purposes.
Referred to the Committee on Amendment to Constitution # 1.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof :
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to wit:
SB 20. By Senator Dean of the 40th:
A Bill to be entitled an Act to amend an Act known as the "Voters' Registration Act" and which effected a complete revision of all the laws of this State relating to the subject of registration and qualification of voters, and provided for county registrars, approved February 25, 1949.
SB 29. By Senator Dean of the 40th:
A Bill to be entitled an Act to amend an Act creating the Bill Drafting Unit as a part of the State Department of Law, approved February 20, 1951.
SB 44. By Senator Page of the First and others: A Bill to be entitled an Act to amend an Act creating a Georgia Ports Authority, approved March 9, 1945.
The Senate has adopted the following Resolution of the House, to wit:
HR 42. By Messrs. Matheson of Hart and others:
A Resolution requesting Honorable Alben W. Barkley, United States Senator from Kentucky, to address a joint session of the General Assembly.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Short of Colquitt 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 24. Do Pass.
FRIDAY, JANUARY 21, 1955
175
HB 83. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Short of Colquitt 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 22. Do Pass.
HB 43. Do Pass.
HB 102. Do Pass.
Respectfully submitted,
Short of Colquitt,
Chairman.
Mr. Bodenhamer of Tift County, Chairman of the Committee on Education
# 1, submitted the following report:
Mr. Speaker:
Your Committee on Education # 1 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 recommendation:
HB 143. Do Pass.
Respectfully submitted,
Bode.nhamer of Tift,
Chairman.
Mr. Scoggin of Floyd County, Chairman of the Committee on General Ju-
diciary # 1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary # 1 has had under consideration the
following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 41. Do Pass.
Respectfully submitted,
Scoggin of Floyd,
Chairman.
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JOURNAL OF THE HOUSE,
Mr. Carlisle of Bibb County, Chairman of the Committee on General Ju-
diciary # 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 100. Do Pass.
HB 117. Do Pass. Respectfully submitted,
Carlisle of Bibb,
Chairman.
Mr. Murr of Sumter 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 36-130a. Do Pass.
Respectfully submitted,
Murr of Sumter,
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 77. Do Pass. HB 78. Do Pass. HB 79. Do Pass. HB 80. Do Pass. HB 84. Do Pass. HB 97. Do Pass. HB 123. Do Pass. HB 132. Do Pass. HB 133. Do Pass. HB 134. Do Pass.
FRIDAY, JANUARY 21, 1955
177
HB 157. Do Pass. HB 163. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 68. Do Pass.
HB 170. Do Pass.
Respectfully submitted,
Drinkard of Lincoln,
Chairman.
By unanimous consent, the following Bills of the House, favorably reported, were read the second time:
HB 22. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to supplement the fees of the Ordinary of Screven County, and for other purposes.
HB 24. By Mr. Cates of Burke:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Burke County, and for other purposes.
HB 41. By Mr. Twitty of Mitchell:
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 to all interested parties sui juris, non compos mentis, or otherwise; and for other purposes.
HB 43. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to amend an Act creating the City Court of Camilla; and for other purposes.
HB 68. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb and Odom of Camden:
A Bill to be entitled an Act to repeal an Act creating a Georgia Turnpike Authority, and for other purposes.
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JOURNAL OF THE HOUSE,
HB 77. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to enable the City of Gainesville and Hall County to establish a joint Planning Commission; and for other purposes.
HB 78. By Messrs. Holley, Sanders and Chambers of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta; relating to "Augusta Officers and Employees-Tenures", and for other purposes.
HB 79. By Messrs. Holley, Sanders and Chambers 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, Georgia; and for other purposes.
HB 80. By Messrs. Holley, Sanders and Chambers of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to repeal an Act entitled "An Act to authorize the City Council of Augusta to create a Board of Health for said City", and for other purposes.
HB 83. By Mr. Ayers of Madison:
A Bill to be entitled an Act to amend an Act abolishing the office of taxreceiver and tax-collector of Madison County, and for other purposes.
HB 84. By Messrs. Mallory and Caldwell of Upson:
A Bill to be entitled an Act to amend an Act incorporating the Village of East Thomaston, in Upson County, by reducing the corporate limits of said Village, and for other purposes.
HB 97. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the several Acts relating to and incorporating the Mayor and Alderman of the City of Savannah"; and for other purposes.
HB 100. By Mr. Chambers of Richmond:
A Bill to be entitled an Act to amend an Act relating to juries generally, by adding thereto a new section so as to authorize the judge, in civil and criminal cases, to provide for segregation of jurors, and for other purposes.
HB 102. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Chatham County; and for other purposes.
FRIDAY, JANUARY 21, 1955
179
HB 117. By Messrs. Murphy of Haralson and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act relating to delinquent probationers; revocation of order of court, etc., and for other purposes.
HB 123. By Messrs. Jones and Murr of Sumter:
A Bill to be entitled an Act to amend an Act entitled An Act to amend an Act establishing a new charter for the City of Americus; by establishing and incorporating a Utility Commission for said City, and for other purposes.
HB 132. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, and for other purposes.
HB 133. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Austell, so as to grant the power of eminent domain to the City of Austell, and for other purposes.
HB 134. By Messrs. Willingham, Reed and Bentley 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 grant said city the power of eminent domain, and for other purposes.
HB 143. By Messrs. Murphey of Crawford, Brannen of Dooly, Willingham of Cobb, McGarity of Henry, Jessup of Bleckley and others:
A Bill to be entitled an Act to amend an Act relating to free tuition, age limits for children entering the common schools, and admission of Veterans of World War II, and for other purposes.
HB 157. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend an Act establishing the City Court of Valdosta, and for other purposes.
HB 163. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Mount Vernon, Montgomery County, and for other purposes.
HB 170. By Messrs. Willingham of Cobb, Groover of Bibb and H. Smith of Fulton and 163 others:
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, and for other purposes.
180
JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 25. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to repeal an Act relative to salaries of officials in certain counties; to provide for the compensation of certain county officials 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 103, nays 0. The Bill having received the requisite constitutional majority, was passed.
HB 32. By Mr. Raulerson of Echols: A Bill to be entitled an Act to amend an Act to abolish the county court 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 111, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 33. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act in reference to the Board of Commissioners 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 104, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 34. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act in reference to purchases made by the County Board of Education 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 106, nays 0.
The Bill having received the requisite constitutional majority, was passed.
FRIDAY, JANUARY 21, 1955
181
HB 35. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to place certain county officials of Dougherty County on a salary basis, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 46. By Messrs Gunter and Williams of Hall:
A Bill to be entitled an Act to consolidate the offices of Tax Collector and Tax Receiver of Hall County into the single 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 108, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 47. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to provide for a referendum by which a majority of the qualified voters of Hall County, voting in said referendum, may place certain county officials on a salary system of compensation, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 75. By Mr. Dozier of Miller:
A Bill to be entitled an Act to provide for the use of voting machines in all elections in the County of Miller, and for other purposes.
The report 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 81. By Mr. Dozier of Miller:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of the County of Miller, and for other purposes.
The report 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 82. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act to authorize counties having a certain population to levy taxes for the purposes defined in the Constitution 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 113, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 124. By Mr. Parker of Appling:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Appling, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, 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 20. By Senator Dean of the 40th:
A Bill to be entitled an Act to amend an Act known as the "Voters' Registration Act", and which effected a complete revision of all the laws of this relating to the subject of registration and qualification of voters, and for other purposes.
Referred to the Committee on State of Republic.
SB 29. By Senator Dean of the 40th:
A Bill to be entitled an Act to amend an Act creating the Bill Drafting
FRIDAY, JANUARY 21, 1955
183
Unit as a part of the State Department of Law, so as to authorize studies and the preparation of certain proposed legislation; and for other purposes.
Referred to the Committee on State of Republic.
SB 44. By Senator Page of the 1st and others:
A Bill to be entitled an Act to amend an Act creating a Georgia Ports Authority, so as to provide for additional members of such Authority; and for other purposes.
Referred to the Committee on State of Republic.
By unanimous consent, the following Bills was withdrawn from the Committee on Ways and Means, read the second time, and recommitted:
HB 146. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to amend the Intangible Property Tax Act of 1953, and for other purposes.
The following Resolution of the House was taken up for consideration and read the second time :
HR 36-130a. By Messrs. Perkins of Carroll, Cowart of Calhoun, Baughman of Early, and many others:
A Resolution memorializing the Congress of the United States to call a convention for the consideration of an amendment to the Constitution of the United States relative to service in the Armed Forces of the United States, and for other purposes.
By unanimous consent, the Resolution was adopted.
The Resolution was ordered immediately transmitted to the Senate.
The following Resolution of the House was read:
HR 58. By Messrs. Stephens and Matthews of Clarke:
A Resolution providing for the appointment of a Committee of the House to study the laws relating to the Teachers' Retirement System, and for other purposes.
The Speaker referred the Resolution to the Committee on State of the Republic.
The following Resolution was read and adopted:
HR 59. By Mr. Bentley of Cobb:
A Resolution commending the National Junior Chamber of Commerce, and for other purposes.
184
JOURNAL OF THE HOUSE,
Mr. Groover of Bibb moved that the House do now adjourn until Monday morning, January 24, 1955, at 10:00 o'clock, and the motion prevailed.
Leave of absence was granted to Mr. Cowart of Calhoun for Friday, January 21.
The Speaker announced the House adjourned until Monday, January 24, 1955, at 10:00 o'clock, A. M.
MONDAY, JANUARY 24, 1955
185
Representative Hall, Atlanta, Georgia. Monday, January 24, 1955.
The House met pursuant to adjournment this day at 10:00 o'clock, A.M., and was called to order by the Speaker.
Prayer was offered by the Chaplain.
The roll was called and the following members answered to their names:
Adams Allen Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Cates Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Davis Deal Deen Denmark Denson Dozier Drinkard Duke Duncan
Edenfield Elder English Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harris Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hogan Holley Houston Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth
Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Mathews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr
186
JOURNAL OF THE HOUSE,
Musgrove Nightingale Nilan Odom Palmer Parker Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Ruark
Russell Rutland Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Smith, Hoke, of Fulton Smith, M. M., of Fulton Sognier Soutier Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley Terrell Todd
Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker
Those not answering the roll call were Messrs. Chastain, Eyler, Hodges, and Peacock.
Mr. Boggus of Ben Hill, 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 under the Rules of the House.
2. First Reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local bills, and general bills with local application.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker, in his discretion, may call up any Bill or Resolution on the General calendar in any order he deems advisable.
By unanimous consent, the following Bills and Resolutions of the House were read the first time, and referred to the Committees:
MONDAY, JANUARY 24, 1955
187
HB 198. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb and Scoggin of Floyd :
A Bill to be entitled an Act to create the Georgia Rural Roads Authority, and for other purposes.
Referred to the Committee on State of Republic.
HB 199. By Mr. Strickland of Toombs:
A Bill to be entitled an Act to provide that the Judge of a Superior Court or a City Court shall appoint a chaplain and shall open his court with prayer; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 200. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that all annual hunting and fishing licenses issued by the Game and Fish Commission shall be valid from January 1 to December 31 of each year; and for other purposes.
Referred to the Committee on Game and Fish.
HB 201. By Messrs. Killian and Nightingale of Glynn:
A Bill to be entitled an Act to provide that any person who by reason of loss or impairment of eyesight is accompanied by a dog commonly known as a "seeing eye dog" shall be entitled to certain equal privileges as other persons; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 202. By Mr. Barber of Colquitt:
A Bill to be entitled an Act to amend an Act relative to branch banks, so as to provide that a bank chartered under the laws of this State or by the Federal Government may establish and operate drive-in bank facilities with one or more drive-in teller windows in the municipality in which its principal office is located, and for other purposes.
Referred to the Committee on Banks and Banking.
HB 203. By Messrs. Odom of Camden and Stripling of Coweta:
A Bill to be entitled an Act to amend an Act entitled the Uniform Act Regulating Traffic on Highways, relating to the punishment for driving under the influence of liquor or drugs and for the suspension of the license of persons so convicted; and for other purposes.
Referred to the Committee on Public Highways # 1.
HB 204. By Messrs. Odom of Camden, Murr of Sumter, Willingham of Cobb, Mincy of Ware, Groover of Bibb, Palmer of Mitchell and Stripling of Coweta:
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 ve-
188
JOURNAL OF THE HOUSE,
hicles", so as to remove the provisions relative to the revocation of licenses and registration for conviction of certain offenses; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 205. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act relating to the incurring of obligations by the State Highway Department, and for other purposes.
Referred to the Committee on Public Highways # 2.
HB 206. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act entitled "An Act to make appropriations for the operations of the State Government" for the fiscal year beginning July 1, 1953 and ending June 30, 1954, etc., so as to provide an annual appropriation of $750,000.00 to pay the principal and interest on revenue certificates to be issued by the University Building Authority to construct a science center on the campus of the University of Georgia in Athens and a classroom building in the Georgia Institute of Technology in Atlanta, and for other purposes.
Referred to the Committee on State of Republic.
HB 207. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to amend an Act creating 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 208. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating a complete system of retirement and pension pay for the employees of the City of Decatur, and for other purposes.
Referred to the Committee on Municipal Government:
HB 209. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating a complete system of retirement and pension pay for the employees of the City of Decatur, and for other purposes.
Referred to the Committee on Municipal Government.
HB 210. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to repeal an Act 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; to provide that all taxes at the time the provisions of this Act become effective
MONDAY, JANUARY 24, 1955
189
and all tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued; and for other purposes. Referred to the Committee on Counties and County Matters.
HB 211. By Mr. Strickland of Toombs: A Bill to be entitled an Act creating the City Court of Lyons and defining its powers, duties, jurisdiction, officers and compensation, and for other purposes.
Referred to the Committee on Municipal Government.
HR 60-211a. By Mr. Musgrove of Clinch: A Resolution compensation Maitland Smith, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 61-211b. By Mr. Ramsey of Effingham: A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Effingham County by the people; and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.
HR 62-211c. By Messrs. Terrell and Cloud of Decatur: 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 this State, and for other purposes.
HB 212. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to the fees paid to coroners in counties having a population of not less than 15,200 and not more than 15,900 by providing that the coroner shall be paid a salary in lieu of fees; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 213. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled, "The Georgia Retailers' and Consumers' Sales and Use Act" setting forth the intention of the Legislature regarding casual and isolated sales, and to provide that casual and isolated sales are taxable under this Act; and for other purposes.
Referred to the Committee on Ways and Means.
HB 214. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled, "The Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that contractors shall be deemed to be consumers under this Act and
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JOURNAL OF THE HOUSE,
liable for sales and use tax on all tangible personal property used in fulfilling a contract; and for other purposes.
Referred to the Committee on Ways and Means.
By unanimous consent, the following Committee Report was submitted and read:
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 59. Do Pass. HB 76. Do Pass. HB 165. Do Pass. HB 192. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.
By unanimous consent, the following Bills of the House, favorably reported, were read the second time :
HB 59. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act incoroprating the Municipality of Warner Robins; to change and redefine the corporate limits; to provide for a governing authority of a mayor and six councilmen; and for other purposes.
HB 76. By Mr. Brown of Telfair:
A Bill to be entitled an Act to create a new charter and municipal government for the City of Jacksonville, Telfair County, and for other purposes.
HB 165. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend the City Charter of Doraville, and for other purposes.
HB 192. By Mr. Mauldin of Gordon:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Calhoun, and for other purposes.
MONDAY, JANUARY 24, 1955
191
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 22. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to supplement the fees of the Ordinary of Screven County, and for other purposes.
The report 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 24. By Messrs. Cates and Mobley of Burke:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner 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 104, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 43. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to amend an Act creating the City Court 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 105, nays 0. The Bill having received the requisite constitutional majority, was passed.
HB 77. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to enable the City of Gainesville and Hall County 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 106, nays 0.
The Bill having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 78. By Messrs. Holley, Sanders and Chambers of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 79. By Messrs. Holley, Sanders and Chambers of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 80. By Messrs. Holley, Sanders and Chambers of Richmond: A Bill to be entitled an Act to amend the Charter of the City of Augusta, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 83. By Mr. Ayers of Madison:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Madison County, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The Bill having received the requisite constitutional majority, was passed.
MONDAY, JANUARY 24, 1955
193
HB 84. By Messrs. Mallory and Caldwell of Upson:
A Bill to be entitled an Act to amend an Act incorporating the Village of East Thomaston, and for other purposes.
The report 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 97. By Messrs. Cheatham, Sognier and Eyler 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, and for other purposes.
The report 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 102. By Messrs. Sognier, Cheatham and Eyler of Chatham: A Bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Chatham County; to create the office of Tax Cornmissioner, and for other purposes.
The report 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 123. By Messrs. Jones and Murr of Sumter: A Bill to be entitled an Act to amend an Act establishing a new charter for 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 114, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 132. By Messrs. Willingham, Bentley and Reed of Cobb: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, 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 115, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 133. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Austell, and for other purposes.
The report 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 134. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for 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 117, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 157. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend an Act establishing 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 118, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 163. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Mount Vernon, and for other purposes.
The report 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.
MONDAY, JANUARY 24, 1955
195
The Bill having received the requisite constitutional majority, was passed.
Mrs. Viola Ross Napier of Macon, was introduced to the House by the Speaker, who stated that she was the first woman to be a member of the Georgia House of Representatives.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time.
HB 41. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend the Code, relating to the gtvmg of notice of a petition to probate a will in solmen form to all interested parties sui juris, non compos mentis, or otherwise, and for other purposes.
Mr. Carlisle of Bibb moved the previous question, and the call for the previous question was sustained.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 137, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 68. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb, and Odom of Camden:
A Bill to be entitled an Act to repeal an Act creating a Georgia Turnpike 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 138, nays 0.
The Bill having received the requisite constitutional majority, was passed.
Mr. Bentley of Cobb requested that the Journal show that he voted for the passage of HB 68.
HB 170. By Messrs. Willingham of Cobb, Groover of Bibb, Smith of Fulton, and many others:
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, and for other purposes.
The following amendments to HB 170 were read and adopted:
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Mr. Willingham of Cobb moves to amend HB 170 by adding a new Section to be appropriately numbered and to read as follows:
"Provided that nothing herein shall prevent authorized automobile dealers from obtaining dealer tags in the manner now or hereinafter provided by law."
Mr. Groover of Bibb moves to amend HB 170 by adding a new Section to be appropriately numbered:
The Tax Collector or Commissioner of any County shall accept payment of taxes on a single vehicle separately when the taxpayer elects to tender same in such manner.
And 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 129, nays 4.
The Bill having received the requisite constitutional majority, was passed, as amended.
Messrs. Bagby of Paulding, Williams of Hall, and Martin of Banks requested that the J ournay show they voted against the passage of HB 170.
The Bill was ordered transmitted immediately to the Senate.
HB 51. By Messrs. McGarity of Henry, Murphey of Crawford, Murr of Sumter, and Lavender of Elbert:
A Bill to be entitled an Act to provide that health or accident insurance policies shall contain a provision that they shall be non-cancellable after being in force for two years, provided all premiums are paid, and for other purposes.
The following amendments to HB 51 were read and adopted:
Mr. Cloud of Decatur moves that HB 51 be amended by adding a Section to be appropriately numbered, to read as follows:
Before issuing any insurance policy, every Insurance Company licensed to do business in Georgia shall first obtain a photostatic copy of the applicant's birth certificate or an affidavit as to the age of the applicant, which evidence shall be conclusive.
Mr. McGarity of Henry moves to amend HB 51 by changing the period at the end of Section 1 to a comma, and adding thereafter the words "if all premiums thereon shall be paid."
The following amendments were read and lost: Mr. Hall of Floyd amends HB 51: Provided, however, the person buying
MONDAY, JANUARY 24, 1955
197
the Hospitalization insurance shall have the option of buying a cancellable insurance policy at a lower premium if he so desires.
Mr. Palmer of Mitchell moves to amend HB 51 by striking the words "two years" wherever the same appears and inserting in lieu thereof the words "twelve months".
The report of the Committee which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 108, nays 42.
The bill having received the requisite constitutional majority was passed, as amended.
The Speaker presented Hon. William D. Robinson, president WLW A Broadcasting Company, to the House.
HB 56. By Mr. Pickard of Muscogee:
A Bill to be entitled an Act to repeal an Act provided for the securing of a license from county authorities to sell fireworks; to regulate the manner and extent to which fireworks may be used in this State; and for other purposes.
Mr. Parker of Appling moved the previous question, and the call for the previous question was sustained.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 127, nays 18.
The Bill having received the requisite constitutional majority, was passed.
Messrs. Parker of Appling and Raulerson of Echols requested the Journal to show that they voted against the passage of HB 56.
HB 136. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act to amend the Code in reference to defining the extent of the interest which an applicant for homestead exemption from taxation must have in property in order to be entitled to such homestead exemption, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
The Bill having received the requisite constitutional majority, was passed.
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HB 137. By Messrs. Willingham, Bentley and Reed of Cobb.
A Bill to be entitled an Act to ratify the executive order of the Governor suspending the collection of ad valorem taxes on certain residential 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 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 98. By Mr. Chambers of Richmond:
A Bill to be entitled an Act to amend Section 59-109 of the Code so as to assign a number to each juror appearing on jury lists, and for other purposes.
Mr. Rutland of DeKalb moved that HB 98 be tabled, and the motion prevailed.
HB 98 was placed on the table.
HB 100. By Mr. Chambers of Richmond:
A Bill to be entitled an Act to amend Chapter 59-7 of the Code so as to provide for segregation of jurors according to age and sex where confined overnight under supervision of court officers, and for other purposes.
An amendment offered by Mr. McKenna of Bibb was read and 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.
The following Resolution of the House was read and adopted:
HR 63. By Messrs. Freeman of Monroe, Lokey of Fulton, and others:
A RESOLUTION
To amend House Resolution No. 34;
WHEREAS, it is necessary for the proper functioning of the Committee appointed pursuant to House Resolution No. 34 that expenses be provided for said investigation.
Be it resolved, that said Committee is hereby authorized to employ a reporter in order that a permanent record may be made of the
MONDAY, JANUARY 24, 1955
199
proceedings of said Committee; that said Committee be authorized to pay the necessary expenses of Witnesses appearing before said Committee; that said Committee be authorized to employ such secretarial and investigative help as may be needed; that funds be authorized to pay the expenses of the Sheriff of the House in serving subpoenas on witnesses; and that said Committee be authorized to incur such other expenses desirable to facilitate said investigation;
Be it further resolved that all expenses incurred pursuant hereto shall before payment be approved by the Speaker 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 of the Senate to wit:
SB 11. By Senator Millican of the 52nd:
A Bill to amend the Act approved February 15, 1933 providing for pensions for members of police departments in cities having a population of 150,000 or more, according to the preceding census of the United States; so as to provide additional pension protection for such members and their dependents; and for other purposes.
SB 12. By Senator Millican of the 52nd:
A Bill to amend the Act approved August 20, 1927 providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or subsequent census, shall furnish pensions to officers and employees of such cities, so as to provide increased pension benefits; and for other purposes.
SB 13. By Senator Millican of the 52nd:
A Bill to amend Section 34-1904 of the 1933 Code of Georgia, as amended, so as to regulate the time and manner of qualification of candidates in cities having a population of more than 300,000; and for other purposes.
SB 14. By Senator Millican of the 52nd:
A Bill to amend the Act providing for pensions for members of police departments in cities having a population of 150,000 or more so as to provide for the amount of pension payable to widows of any policeman who has served 25 years and has not been placed on pension but who has remained in active service; and for other purposes.
SB 15. By Senator Millican of the 52nd:
A Bill to amend the Act approved August 13, 1924 providing a system of pensions for members of paid fire departments in cities having a population of more than 150,000 so as to provide additional benefits; and for other purposes.
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SB 16. 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.
SB 28. By Senator Page of the 1st:
A Bill to amend the Act relating to the Savannah Civil Service System by changing the qualifications of the Savannah Civil Service Board; and for other purposes.
SB 30. By Senator Page of the 1st:
A Bill to amend the charter of the Mayor and Councilmen of the town of Garden City so as to increase the number of councilmen; and for other purposes.
SB 45. By Senator Page of the 1st:
A Bill to amend the charter of the mayor and aldermen of the City of Savannah so as to provide a change in the hours in voting in all municipal elections; and for other purposes.
The Senate has adopted the following resolutions of the House to wit:
HR 23-54a. By Mr. Deen of Bacon:
A Resolution memorializing Congress to call a convention for the considering of an amendment to the Constitution of the United States relative to the operation of state schools; and for other purposes.
HR 31-84a. By Mr. Fowler of Douglas:
A Resolution memorializing Congress to call a convention for the purpose of considering an amendment to the Constitution of the United States relative to the administration by the several states of their respective school systems; and for other purposes.
HR 48. By Messrs. Stephens of Clarke and Freeman of Monroe:
A Resolution recommending the placing of a bust of Stonewall Jackson in the Hall of Fame in New York City; and for other purposes.
HR 49. By Mr. Odom of Camden:
A Resolution to name a portion of Cumberland Island Georgia for the Honorable Marvin Griffin, Governor of Georgia; and for other purposes.
Mr. Groover of Bibb moved that the House do now adjourn until 10 :00 o'clock tomorrow morning, and the motion prevailed.
Mr. Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
TUESDAY, JANUARY 25, 1955
201
Representative Hall, Atlanta, Georgia. Tuesday, January 25, 1955.
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. Boggus of Ben Hill, 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 under the Rules of the House. 2. First reading and reference of House Bills and Resolutions. 3. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local bills, and general bills with local
application. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker, in his discretion, may call up any Bill or Resolution
on the General Calendar in any order he deems advisable.
By unanimous consent, the following Bills and Resolutions of the House were read the first time, and referred to the Committees:
HB 215. By Mr. Coxwell of Lee:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide as compensation for the treasurer of Lee County a salary of $700.00 per year, instead of the commissions heretofore allowed, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 216. By Mr. Coxwell of Lee: A Bill to be entitled an Act to amend an Act to authorize and direct
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the Mayor and Council of the Town of Leesburg to close and vacate a certain street in said City, and for other purposes.
Referred to the Committee on Municipal Government.
HB 217. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act entitled An Act to provide and establish a new charter for the City of Waycross, so as to provide that taxes shall become a lien upon all property subject to taxation in Waycross, and for other purposes.
Referred to the Committee on Municipal Government.
HB 218. By Mr. Land of Wilkinson:
A Bill to be entitled an Act to amend an Act entitled An Act to create and establish a new charter for the City of Gordon; to declare the rights, powers and privileges of said corporation, and for other purposes.
Referred to the Committee on Municipal Government.
HB 219. By Messrs. Moore of Pickens, Mauldin of Gordon, Scoggin of Floyd and Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act relating to resident hunting and fishing licenses, and for other purposes.
Referred to the Committee on Game and Fish.
HB 220. By Messrs. Parker of Appling, Tanner of Coffee, Harrison of Jeff Davis, Musgrove of Clinch, Harris of Brantley, Cason of Pierce and Frier of Ware.
A Bill to be entitled an Act to repeal an Act relative to the registration of warm air heating contractors, so as to provide for the licensing of warm air heating contractors in this State and for other purposes.
Referred to the Committee on State of Republic.
HB 221. By Messrs. Murphey of Crawford, Brannen of Dooly and Jessup of Bleckley:
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 Ways and Means.
HB 222. By Messrs. Clary of McDuffie, Ray of Warren, Garrard of Wilkes, Boggus of Ben Hill and McGarity of Henry:
A Bill to be entitled an Act to amend an Act regulating feeding of Garbage to Livestock; and to regulate the rendering of carcasses of dead animals; and for other purposes.
Referred to the Committee on General Agriculture #1.
TUESDAY, JANUARY 25, 1955
203
HB 223. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety for the State of Georgia, so as to provide that all drivers' licenses issued after the date of approval of this Act shall expire ten (10) years from the date the license is or was issued; and for other purposes.
Referred to the Committee on Public Highways # 1.
HB 224. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to provide that in certain counties the tax receiver shall receive one- and one-fourth per cent of the county wide school tax; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 225. By Messrs. Nightingale and Killian of Glynn:
A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick, and for other purposes.
Referred to the Committee on Municipal Government.
HB 226. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend the Act incorporating the Town of Cadwell, so as to enlarge the corporate limits thereof; and for other purposes.
Referred to the Committee on Municipal Government.
HB 227. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend the Act incorporating the City of Dublin; by providing for the use of revenues derived from the cities water system for the purpose of retiring outstanding bonds; and for other purposes.
Referred to the Committee on Municipal Government.
HB 228. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to amend an Act entitled An Act to create and incorporate the City of Riverdale, in the County of Clayton, and grant a charter to that municipality under that name and style, and for other purposes.
Referred to the Committee on Municipal Government.
HB 229. By Messrs. Mallory and Caldwell of Upson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, and for other purposes.
Referred to the Committee on Municipal Government.
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JOURNAL OF THE HOUSE,
HB 230. By Messrs. Bodenhamer and Fowler of Tift:
A Bill to be entitled an Act to amend an Act entitled An Act to repeal the present charter of the City of Tifton; to provide a reduction of terms of office of future city commissioners from five years to three years, and for other purposes.
Referred to the Committee on Municipal Government.
HB 231. By Messrs. Underwood of Montgomery and Nightingale of Glynn:
A Bill to be entitled an Act which had as its purpose providing for annual fees for motor vehicles, the time of payment of such fees and classifications of tax for each class of vehicle, so as to provide that municipalities be exempt from the payment of such; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 232. By Messrs. Underwood of Montgomery and Nightingale of Glynn:
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 shall be exempt from the payment of taxes imposed therein when the fuel is used in vehicles owned by such municipalities, and for other purposes.
Referred to the Committee on Ways and Means.
HB 233. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to repeal an Act creating a Commissioner of Roads and Revenues for McDuffie County; to create a three member Board of Commissioners; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 234. By Messrs. Watson of Dougherty, Gunter of Hall, Bolton of Spalding, Coker of Walker and many others :
A Bill to be entitled an Act to provide for the recording of affidavits showing facts affecting title to land; to provide for the admissability of such affidavits in evidence; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 235. By Messrs. Watson and Denson 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.
HR 64-235a. By Mr. Wheeler of Seminole:
A Resolution to compensate Lillie Ruth Lee of Bascom, Florida for the death of her husband; for damages to truck owned by Douglas Lee; and for other purposes.
Referred to the Committee on Special Appropriations.
TUESDAY, JANUARY 25, 1955
205
HR 65-235b. By Mr. Wheeler of Seminole:
A Resolution to compensate Roy Hill for injuries; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 66-235c. By Mr. Clary of McDuffie:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of McDuffie County by the people; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 67-235d. By Messrs. Wheeler of Seminole, Deen of Bacon, Baughman of Early, Massee of Baldwin, Frier and Mincy of Ware:
A Resolution creating a committee of the House to investigate certain matters relative to public utilities; and for other purposes.
Referred to the Committee on State of Republic.
HR 68-235e. By Mr. Wheeler of Seminole:
A Resolution to compensate Emma Mae Bell for the death of her husband, Douglas Bell; and for other purposes.
Referred to the Committee on Special Appropriations.
HB 236. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to make it unlawful to drive a motor vehicle in a reckless manner; and for other purposes.
Referred to the Committee on Motor Vehicles.
By unanimous consent, the following Committee reports were submitted and read:
Mr. Todd of Glascock County, Chairman of the Committee on Conservation, submitted the following report:
Mr. Speaker:
Your Committee on Conservation has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 180. Do Pass, as amended.
Respectfully submitted,
Todd of Glascock,
Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Counties and County Matters, submitted the following report:
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JOURNAL OF THE HOUSE,
Mr. Speaker: Your Committee on Counties and County Matters has had under considera-
tion the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 125. Do Pass. HB 128. Do Pass. HB 160. Do Pass. HB 164. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. McGarity of Henry County, Chairman of the Committee on General
Agriculture # 2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture #2 has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 176. Do Pass. HB 142. Do Pass.
Respectfully submitted, McGarity of Henry,
Chairman.
Mr. Mashburn of Forsyth 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 140. Do Pass. HB 55. Do Pass. HB 184. Do Pass. HB 195. Do Pass, by Committee substitute. HB 201. Do Pass.
Respectfully submitted, Mashburn of Forsyth, Chairman.
TUESDAY, JANUARY 25, 1955
207
Mr. Ramsey of Effingham 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:
HR 30- 83f. Do Pass. HR 27- 83c. Do Pass. HR 29- 83e. Do Pass. HR 26- 83b. Do Pass. HR 53-193d. Do Pass. HR 51-193b. Do Pass. SR 9. Do Pass.
Respectfully submitted, Ramsey of Effingham, Chairman.
Mr. Hawkins of Screven 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 63. Do Pass.
HB 101. Do Pass.
HB 135. Do Pass.
HB 194. Do Pass.
HB 199. Do Pass.
Respectfully submitted,
Hawkins of Screven,
Chairman.
Mr. Drinkard of Lincoln 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 153. Do Pass.
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JOURNAL OF THE HOUSE,
HB 198. Do Pass. SB 44. Do Pass.
Respectfully submitted, Drinkard of Lincoln, Chairman.
Mr. Blalock of Clayton 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 48. Do Pass. HB 66. Do Pass. Respectfully submitted, Blalock of Clayton, 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 40. By Senator Overby of the 33rd:
A Bill to be entitled an Act to provide that no State or local funds shall be in any manner appropriated for public schools except for schools in which the white and colored races are separately educated; and for other purposes.
SB 47. By Senator Harden of the 27th and others:
A Bill to place the Solicitor General in the Piedmont Judicial Circuit on a salary basis in lieu of the fee basis; and for other purposes.
The Senate has adopted the following resolutions of the House and Senate, to wit:
SR 7. By Senator Millican of the 52nd:
Proposing that the Rotunda of the State Capitol be designated as the Georgia Hall of Fame; and for other purposes.
HR 36-130a. By Messrs. Perkins of Carroll, Bagby of Paulding and others: Memorializing Congress to call a convention for the consideration of
TUESDAY, JANUARY 25, 1955
209
an amendment to the Constitution to the United States relative to service in the Armed Forces of the United States; and for other purposes.
HR 59. By Mr. Bentley of Cobb:
Commending the National Junior Chamber of Commerce; and for other purposes.
The Senate has adopted the following resolution of the Senate to wit:
SR 21. By Senator Millican of the 52nd:
Creating a committee to study the procedures relative to the publication and submission of proposed constitution amendments; and for other purposes.
The following Bills and Resolutions of the House and Senate, favorably reported by the Committees, were read the second time :
HB 48. By Messrs. Watson of Dougherty and McKenna of Bibb:
A Bill to be entitled an Act relating to the exemption of property from taxation; so as to carry out the provisions of the constitutional amendment authorizing the exemption of property owned by religious groups used only for residential purposes and from which no income is derived; and for other purposes.
HB .55. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to define the terms "midwife", practice of "midwifery" and "normal childbirth"; and for other purposes.
HB 63. By Messrs. Hawkins of Screven, Groover of Bibb and Freeman of Monroe:
A Bill to be entitled an Act to regulate the conduct of attorneys at law in their arguments to and in the presence of juries in criminal cases; to prescribe the remedy of opposing counsel where improper argument is made, and for other purposes.
HB 66. By Messrs. McGarity of Henry, Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act and known as the Georgia State Warehouse Act, so as to repeal the sections of said Act which impose fees upon warehousemen for the issuing of warehouse receipts, and for other purposes.
HB 101. By Mr. Hayes of Coffee:
A Bill to be entitled an Act to amend an Act relating to the age of legal majority, so as to reduce such age from 21 years to 18 years; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 125. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act providing for the hours of opening and closing polling places in counties having a population of at least 22,600 and not more than 23,300, and for other purposes.
HB 128. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to require jury commissioners in counties having a population of not less than 22,800 and not more than 23,200 to place all tickets containing the names of traverse jurors in one box for the use of superior courts in said counties, and for other purposes.
HB 135. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act fixing, establishing and providing a salary for the Solicitor General of the Cobb Judicial Circuit; and for other purposes.
HB 140. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act relating to the definition of Optometry and the unlawful practice of optometry, and for other purposes.
HB 142. By Mr. Fowler of Tift:
A Bill to be entitled an Act to amend an Act entitled "An Act to prevent the Spread of Hog Cholera"; and for other purposes.
HB 153. By Messrs. Harrison of Wayne and Mincey of Ware:
A Bill to be entitled an Act to prohibit and to regulate the solicitation of votes for any person or proposition on any election day; and for other purposes.
HB 160. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to create a three member Board of Commissioners of Roads and Revenues of Clayton County; to provide for Commissioner District, and for other purposes.
HB 164. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act placing the Coroner of Clayton County on a salary rather than a fee basis, and for other purposes.
HB 176. By Messrs. McGarity of Henry, Cates of Burke and Murr of Sumter:
A Bill to be entitled an Act to create the Georgia Farmers Market Authority, and for other purposes.
HB 180. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to create the Georgia Board of Landscape
TUESDAY, JANUARY 25, 1955
211
Architects; to provide for the regulation and licensing of Landscape Architects; and for other purposes.
HB 184. By Messrs. Mincy of Ware and Harrison of Wayne:
A Bill to be entitled an Act to regulate the sale of Funeral merchandise and funeral services upon a "prepayment plan", and for other purposes.
HB 194. By Messrs. Mallory and Caldwell of Upson:
A Bill to be entitled an Act to repeal an act relating to the control, purchase, sale and use of explosives, and for other purposes.
HB 195. By Messrs. Reed, Bentley and Willingham of Cobb:
A Bill to be entitled an Act to provide for the disposal of dead poultry; to provide for the method of disposal; and for other purposes.
HB 198. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb and Scoggin of Floyd:
A Bill to be entitled an Act to create the Georgia Rural Roads Authority, and for other purposes.
HB 199. By Mr. Strickland of Toombs:
A Bill to be entitled an Act to provide that the Judge of a Superior Court or a City Court shall appoint a chaplain and shall open his court with prayer; and for other purposes.
HB 201. By Messrs. Killian and Nightingale of Glynn:
A Bill to be entitled an Act to provide that any person who by reason of loss or impairment of eyesight is accompanied by a dog commonly known as a "seeing eye dog" shall be entitled to certain equal privileges as other persons; and for other purposes.
HR 26-83b. By Messrs. Watson and Denson of Dougherty:
A Resolution to provide the Clerk of the Superior Court of Dougherty County certain enumerated law books, and for other purposes.
HR 27-83c. By Messrs. Watson and Denson of Dougherty:
A Resolution to provide the Court of Ordinary of Dougherty County certain enumerated law books, and for other purposes.
HR 29-83e. By Mr. Stevens of Marion:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Marion County certain law books, and for other purposes.
HR 30-83f. By Mr. Stevens of Marion: A Resolution to provide the Ordinary of Marion County certain enumer-
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ated volumes of Georgia Supreme Court Reports and the Court of Appeals Report, and for other purposes.
HR 51-193b. By Mr. Musgrove of Clinch:
A Resolution authorizing and directing the State Librarian to furnish certain books to the Ordinary of Clinch County, and for other purposes.
HR 53-193d. By Messrs. Peters and Hardaway of Meriwether:
A Resolution to furnish the Court of Ordinary of Meriwether County certain law books; and for other purposes.
SR 9. By Senator Page of the 1st:
A Resolution authorizing the State Library to furnish to the Second Division of the Superior Court of Chatham County a complete set of Georgia Supreme Court reports and Court of Appeals reports and Annotated Code of Georgia.
SB 44. By Senator Page of the 1st and others:
A Bill to be entitled an Act to amend an Act creating a Georgia Ports Authority, so as to provide for additional members of such 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 59. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the Municipality of Warner Robins, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 76. By Mr. Brown of Telfair: A Bill to be entitled an Act to create a new charter for the City of Jacksonville, and for other purposes.
The report 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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213
HB 165. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend the charter of the City of Doraville so as to provide for the election of the chairman of the City Commission by the voters, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 192. By Mr. Mauldin of Gordon:
A Bill to be entitled an Act to amend an Act so as to change the hours of holding elections in the City of Calhoun, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, 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 Public Highways No. 2, read the second time and recommitted:
HB 205. By Messrs. Moate of Hancock, Willingham of Cobb and others:
A Bill to be entitled an Act to amend an Act relating to the incurring of obligations by the State Highway Department, and for other purposes.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SB 11. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, and for other purposes.
Referred to the Committee on Municipal Government.
SB 12. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities; and for other purposes.
Referred to the Committee on Municipal Government.
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SB 13. 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 in counties having a population of more than 300,000, and for other purposes.
Referred to the Committee on Municipal Government.
SB 14. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing pensions for members of police departments in cities having a population of 150,000 or more, so as to provide for the amount of pension payable to widows, and for other purposes.
Referred to the Committee on Municipal Government.
SB 15. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing a system of pensions for members of paid fire departments in cities having a population of more than 150,000 so as to provide additional benefits, and for other purposes.
Referred to the Committee on Municipal Government.
SB 16. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, and for other purposes.
Referred to the Committee on Municipal Government.
SB 28. By Senator Page of the 1st:
A Bill to be entitled an Act to amend the Charter of the Mayor and Aldermen of the City of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.
SB 30. By Senator Page of the 1st:
A Bill to be entitled an Act to amend an Act relating to the charter of the Mayor and Councilmen of the town of Garden City, and for other purposes.
Referred to the Committee on Municipal Government.
SB 45. By Senator Page of the 1st:
A Bill to be entitled an Act to amend the charter of the Mayor and Aldermen of the City of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.
SB 40. By Senator Overby of the 33rd: A Bill to be entitled an Act to provide that no State or local funds shall
TUESDAY, JANUARY 25, 1955
215
be in any manner appropriated or expended for public school purposes except for schools in which the white and colored races are separately educated, and for other purposes.
Referred to the Committee on State of Republic.
SR 21. By Senator Millican of the 52nd:
A Resolution creating a committee to study the procedures relative to the publication and submission of proposed constitutional amendments; and for other purposes.
Referred to the Committee on State of Republic.
SB 47. By Senator Harden of the 27th and others:
A Bill to be entitled an Act to place the Solicitor General in the Piedmont Judicial Circuit on a salary basis in lieu of the fee basis; and for other purposes.
Referred to the Committee on General Judiciary #2.
The following Resolution of the House was read and referred to the Committee on State of Republic:
HR 69. By Messrs. Mackay of DeKalb, Nightingale of Glynn and others:
A Resolution calling for the resumption of the legislative service giving a daily digest of all bills introduced, 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 57. By Messrs. Sheffield of Brooks, Scoggin of Floyd and others:
A Bill to be entitled an Act to supersede all laws of this state relating to the Forestry Commission and to provide for the creation of the Georgia Forestry Commission, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 58. By Messrs. Sheffield of Brooks, Scoggin of Floyd and others:
A Bill to be entitled an Act to define the penal offenses relating to the firing of woods, 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 117, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 96. By Messrs. Lokey of Fulton, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act so as to include Judges of the Superior Courts within the purview of an Act providing a uniform method of compensating certain elective officials, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the eyes were 109, nays 11.
The bill having received the requisite constitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
HB 67. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act so as to prohibit the parking of vehicles on the paved portion of highways, and for other purposes.
By unanimous consent, further consideration of HB 67 was postponed until tomorrow morning immediately following the period of unanimous consents.
HB 52. By Mr. Deen of Bacon:
A Bill to be entitled an Act to amend an Act so as to provide additional duties for the State Soil Conservation Committee, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 1.
The bill having received the requisite constitutional majority, was passed.
HB 116. By Messrs. Murphy of Haralson, Bagby of Paulding and others: A Bill to be entitled an Act to amend the Code relating to the revision of jury lists, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill having received the requisite constitutional majority was passed.
TUESDAY, JANUARY 25, 1955
217
HB 117. By Messrs. Murphy of Haralson and Scoggin of Floyd:
A Bill to be entitled an Act to amend the Code relating to delinquent probationers, and for other purposes.
The report 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 143. By Messrs. Murphey of Crawford, Willingham of Cobb and others:
A Bill to be entitled an Act to amend the Code so as to provide that any child attaining the age of 6 years before January 1 following the beginning of the school year shall be admitted to the 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 118, nays 0.
The bill having received the requisite constitutional majority was passed.
The following Resolution of the Senate was read and adopted:
SR 7. By Senator Millican of the 52nd:
A Resolution proposing that the Rotunda of the State Capitol be designated as the Georgia Hall of Fame, and for other purposes.
Mr. Groover of Bibb 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. Wednesday, January 26, 1955.
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:
Adams Allen Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Cates Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Davis Deal Deen Denmark Denson Dozier Drinkard Duke
Duncan Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harris Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hogan Holley Houston Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins
Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy
Mobley Moore Moorman Mull
WEDNESDAY, JANUARY 26, 1955
219
Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton
Rowland Ruark Russell Rutland Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley Terrell
Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker
Those not answering the roll call were Messrs. Chastain, Edenfield, Hodges, and Palmer.
Mr. Boggus of Ben Hill, 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 under the Rules of the House.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local bills, and general bills with local application.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker, in his discretion, may call up any Bill or Resolution on the General Calendar in any order he deems advisable.
By unanimous consent, the following Bills and Resolutions of the House were read the first time, and referred to the Committees:
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HB 237. By Messrs. Nightingale of Glynn, Hardaway of Meriwether, Davis of Clay and Peters of Meriwether.
A Bill to be entitled an Act to amend an Act relating to municipal streets as a part of the State-aid system of public roads, so as to make it mandatory that the State Highway Board construct and maintain all such streets in certain instances; and for other purposes.
Referred to the Committee on Public Highways #1.
HB 238. By Messrs. Nightingale of Glynn, Hardaway and Peters of Meriwether:
A Bill to be entitled an Act to amend an Act referred to as the "Uniform Act Regulating Traffic on Highways'', relating to powers of local authorities, so as to authorize such local authorities to prescribe routes for certain vehicles operated for gain or profit; and for other purposes.
Referred to the Committee on Public Highways # 2.
HB 239. By Mr. Sanders of Richmond:
A Bill to be entitled an Act to amend an Act entitled "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 Corporations.
HB 240. By Mr. Drinkard of Lincoln:
A Bill to be entitled an Act to ratify, approve and confirm the executive order of the Governor dated August 10, 1954, suspending the collection of all annual license fees for operation of each motor bus used as a carrier for hire, and for other purposes.
Referred to the Committee on Ways and Means.
HB 241. By Mr. Goodson of Heard:
A Bill to be entitled an Act to define an abandoned well; to define fences for the purpose of this Act; and for other purposes.
Referred to the Committee on Public Welfare.
HB 242. By Mr. Peters of Meriwether:
A Bill to be entitled an Act to amend an Act known as the "Uniform Narcotic Drug Act", so as to provide that narcotic drugs, or compounds of a narcotic drug or drugs, or any derivative thereof which have little or no addiction liability and which either pursuant to regulations promulgated by the U. S. Commissioner of Narcotics under the Federal Narcotic Laws, as amended, or pursuant to regulations promulgated by the Georgia State Board of Pharmacy under this Act, may be sold or dispensed upon an oral prescription; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
WEDNESDAY, JANUARY 26, 1955
221
HB 243. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act entitled an Act to empower Muscogee County to acquire, construct, reconstruct, improve, maintain and extend public sewers, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 244. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend the Charter of Warrenton; to authorize, empower and direct the Mayor and Council to levy an ad valorem tax on all taxable property in the City of Warrenton; and for other purposes.
Referred to the Committee on Municipal Government.
HB 245. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act creating the City Court of Columbus, and for other purposes.
Referred to the Committee on Municipal Government.
HB 246. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act authorizing Muscogee County and the governing authority of said county to provide for the construction, grading, paving, repairing and maintenance of roads, streets, curbs, gutters and sidewalks.
Referred to the Committee on Counties and County Matters.
HB 247. By Messrs. Pickard, Young and Nilan 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, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 248. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus power and authority to sell and convey or exchange and convey, at any time or times, with the consent of the abutting owner or owners on the west, the fee simple title to any part, parts or all of a tract of land in said city comprising the west thirty-three (33) feet of Front Avenue, between Eleventh and Twelfth Streets, and for other purposes.
Referred to the Committee on Municipal Government.
HB 249. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "An Act to provided that Muscogee County shall provide for a permanent pension fund for present and future employees, and for other purposes.
Referred to the Committee on Counties and County Matters.
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JOURNAL OF THE HOUSE,
HB 250. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act entitled An Act to abolish justice courts and the office of the Justice of the Peace and to authorize the increase in the maximum salaries of the deputy marshalls of the Municipal Court of Columbus, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 251. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Swainsboro, and for other purposes.
Referred to the Committee on Municipal Government.
HB 252. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act entitled An Act amending the Charter of the City of Columbus, relating to pensions for retired Officers, and for other purposes.
Referred to the Committee on Municipal Government.
HB 253. By Messrs. Bentley, Reed and Willingham of Cobb:
A Bill to be entitled an Act to provide for the establishment of sewage districts in Cobb County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 254. By Messrs. Bentley, Willingham and Reed of Cobb:
A Bill to be entitled an Act to provide for the establishment of fire prevention districts in Cobb County, and for other purposes. Referred to the Committee on Counties and County Matters.
HB 255. By Messrs. Campbell and Coker of Walker:
A Bill to be entitled an Act to amend an Act entitled An Act to amend, codify and consolidate the various Acts incorporating and amending the incorporation of the City of LaFayette in the County of Walker, and for other purposes.
Referred to the Committee on Municipal Government.
HB 256. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act establishing the City Court of Elberton, and for other purposes. Referred to the Committee on Municipal Government.
HB 257. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Washington County; and for other purposes. Referred to the Committee on Counties and County Matters.
WEDNESDAY, JANUARY 26, 1955
223
HB 258. By Mr. Ray of Warren:
A Bill to be entitled an Act to repeal an Act entitled An Act to amend an Act to amend the Charter of Warrenton, Georgia; and for other purposes.
Referred to the Committee on Municipal Government.
HB 259. By Messrs. Register and Mathis 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 19,500 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 Banks and Banking.
HB 260. By Messrs. Turk of Wilcox, Groover of Bibb, Short of Colquitt, Freeman of Monroe, Goodson of Heard and Allen of Bulloch:
A Bill to be entitled an Act to amend an Act relating to the admissibility of evidence; to 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.
HB 261. By Messrs. Coker of Cherokee, Hall and Wright of Floyd:
A Bill to be entitled an Act to provide for the levying of a tax by counties for the medical or other care and hospitalization of the indigent sick; and for other purposes.
Referred to the Committee on Ways and Means.
HB 262. By Messrs. Turk of Wilcox, Boggus of Ben Hill, Greene of Crisp and Brannen of Dooly:
A Bill to be entitled an Act to abolish the fee system existing in the Superior Courts of the Cordele 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 263. By Mr. Turk of Wilcox:
A Bill to be entitled an Act to incorporate the City of Abbeville, by abolishing the present charter of said City and writing a new charter, and for other purposes.
Referred to the Committee on Municipal Government.
HB 264. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Bill to be entitled an Act to amend an Act relating to the charter of the Mayor and Aldermen of the City of Savannah and relating to the
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Industrial and Domestic Water Supply Commission, and for other purposes.
Referred to the Committee on Municipal Government.
HB 265. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend the Charter of the City of Valdosta, and for other purposes.
Referred to the Committee on Municipal Government.
HB 266. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend the Charter of the City of Valdosta; to alter, extend, relocate and redefine the corporate limits of said City, and for other purposes.
Referred to the Committee on Municipal Government.
HR 70-266a. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Resolution proposing an amendment to the Constitution to provide that the General Assembly may grant to the governing authority of Chatham County the right to provide for the construction and maintenance of streets, sidewalks, and curbing within any subdivision of the county located outside the corporate limits of any municipality where lots have been subdivided with frontages of 150 feet or less, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.
HR 71-266b. By Messrs. Register and Mathis of Lowndes:
A Resolution to compensate J. Sherwood Clements for the loss of his automobile; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 72-266c. By Mr. Key of Jasper.
A Resolution to compensate Mr. C. T. Pope, Monticello, Georgia, for the loss of a mule; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 73-266d. By Mr. Truelove of White:
A Resolution to provide for payment to Orner E. Craven, the sum of $50.00 for damages to his 1951 Model Ford Pickup Truck, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 74-266e. By Mr. Underwood of Montgomery:
A Resolution to compensate Mrs. W. A. Johnson for injuries caused by a wire trailing from a State Highway bus, and for other purposes.
Referred to the Committee on Special Appropriations.
WEDNESDAY, JANUARY 26, 1955
225
HR 75-266f. By Messrs. Pickard, Young and Nilan of Muscogee:
A Resolution proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Roads and Revenues of Muscogee County, shall have the right and power to assess and collect license fees and taxes from all persons, firms or corporations maintaining a place or places of business, or who may engage in business, in an area of Muscogee County outside the incorporated limits of municipalities; and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HR 76-266g. By Mr. Smith of Emanuel:
A Resolution to compensate F. L. Spivey for damages to his automobile, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 77-266h. By Messrs. Pickard, Young and Nilan of Muscogee:
A Resolution proposing an amendment to the Constitution, by which the homestead tax exemption authorized therein would not apply to any tax levied by Muscogee County, Georgia for the purpose of affording fire protection, within said county, and for other purposes.
Referred to the Committee on Amendments to Consitution # 1.
HB 267. By Mr. Brown of Telfair:
A Bill to be entitled an Act to amend an Act changing and fixing the salary of the Clerk of the Commissioner of Roads and Revenues of Telfair County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 268. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act to make comprehensive provision for an integrated tax administration for Georgia, and for other purposes.
Referred to the Committee on Ways and Means.
HB 269. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend 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; and for other purposes.
Referred to the Committee on Ways and Means.
HB 270. By Messrs. Denson and Watson of Dougherty and Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act by changing the classes and amounts of commissions allowed to tax receivers and tax collectors
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JOURNAL OF THE HOUSE,
of State and County taxes; to provide for the fees to be allowed tax collectors on delinquent taxes; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 271. By Mr. McKenna of Bibb:
A Bill to be entitled an Act to amend an Act relating to the venue of actions brought under said Chapter 68-8 against Non-Resident Motorists and users of the Highways of Georgia; and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 272. By Mr. Odom of Camden:
A Bill to be entitled an Act to amend an Act authorizing the construction of certain roads by the Fernandina Ports Authority, so as to limit the authorization to the construction of a toll bridge, to provide the location of such bridge; and for other purposes.
Referred to the Committee on State of Republic.
HB 273. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend 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 274. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to require Solicitors-General, Solicitors of city and county courts and all county officers who receive fees and compensation other than salaries to keep an account of such fees and compensation and to make sworn itemized statements relative thereto to the clerk of the Superior Court; and for other purposes.
Referred to the Committee on General Judiciary # 2.
HR 78-274a. By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution so as to provide for the establishment of fire protection districts in Dougherty County outstanding municipalities by the governing authority of Dougherty County; and for other purposes.
Referred to the Committee on Amendment to Constitution # 1.
By unanimous consent, the following Committee reports were submitted and read:
Mr. Short of Colquitt 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-
WEDNESDAY, JANUARY 26, 1955
227
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 130. Do Pass. HB 158. Do Pass. HB 167. Do Pass. HB 207. Do Pass. HB 210. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Willingham of Cobb County, Chairman of the Committee on Drainage, submitted the following report: Mr. Speaker:
Your Committee on Drainage has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 121. Do Pass. Respectfully submitted, Willingham of Cobb, Chairman.
Mr. Cocke of Terrell County, Chairman of the Committee on Game and Fish submitted the following report: Mr. Speaker:
Your Committee on Game and Fish has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 54. Do Pass. HB 40. Do Not Pass. HB 219. Do Pass.
Respectfully submitted, Cocke of Terrell, Chairman.
Mr. Scoggin of Floyd 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
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JOURNAL OF THE HOUSE,
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 9. Do Pass. HB 39. Do Pass. HB 175. Do Pass, by substitute. HB 104. Do Pass, by substitute. HB 147. Do Pass. HB 181. Do Pass.
Respectfully submitted, Scoggin of Floyd, Chairman.
Mr. Carlisle of Bibb County, Chairman of the Committee on General Ju-
diciary # 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 118. Do Pass, by substitute, as amended. HB 234. Do Pass, as amended. HB 156. Do Pass, as amended. HB 71. Do Pass. HB 182. Do Pass, as amended.
Respectfully submitted,
Carlisle of Bibb, 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 236. Do Pass.
HB 144. Do Pass.
HB 120. Do Not Pass.
Respectfully submitted,
Jones of Lumpkin,
Chairman.
WEDNESDAY, JANUARY 26, 1955
229
Mr. Roughton of Washington 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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 205. Do Pass.
Respectfully submitted,
Roughton of Washington,
Chairman.
Mr. Callier of Talbot County, Chairman of the Committee on Public Property, submitted the following report:
Mr. Speaker:
Your Committee on Public Property has had under consideration the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 20-47a. Do Pass.
HR 15-34c. Do Pass.
HR 37-130c. Do Pass.
HR 54-193e. Do Pass. Respectfully submitted,
Callier of Talbot,
Chairman.
Mr. Blalock of Clayton 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 69. Do Pass, by Committee substitute.
HB 213. Do Pass.
HB 214. Do Pass. Respectfully submitted,
Blalock of Clayton,
Chairman.
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 by the requisite constitutional majority the following bills of the Senate and House to wit:
SB 3. By Senator Millican of the 52nd:
A Bill to be entitled an Act to repeal Chapter 47-10 of the Code of Georgia relative to lobbying; to provide for the definition of lobbying; to provide for the registration of lobbists; to provide for a legislative docket for registration; to prohibit contingent fees; and for other purposes.
SB 42. By Senator Overby of the 33rd:
A Bill to be entitled an Act providing for assignment of pupils in this State; providing that the State Board of Education shall have authority to make assignment for pupils; and for other purposes.
SB 48. By Senator Page of the 1st:
A Bill to be entitled an Act amending the several Acts relating to and incorporating the town of Garden City, relating to, amendatory thereof and supplementary thereto, which has heretofore been amended, by fixing and prescribing and extending the corporate limits of said town; and for other purposes.
HB 14. 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 provide that the Mayor and Board of Aldermen may provide by ordinance for the purchase of uniforms in the Police and Fire departments, and for other purposes.
HB 18. By Messrs. Nightingale and Killian of Glynn:
A Bill to be entitled an Act to amend the Charter of the City of Brunswick in Glynn County; and for other purposes.
HB 19. 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 in Walton County; and for other purposes.
HB 23. By Mr. Odom of Camden:
A Bill to be entitled an Act incorporating the City of St. Marys, Camden County; and for other purposes.
HB 29. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hinesville so as to change the corporate limits; and for other purposes.
WEDNESDAY, JANUARY 26, 1955
231
HB 44. By Mr. Grimsley of Cook:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Adel in Cook County; and for other purposes.
The following bills and resolutions of the House and Senate, favorably reported by the Committees, were read the second time:
HB 39. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act relating to actions against insurance companies, so as to provide for joinder of an insurer in any suit brought against an insured covered by a liability policy; and for other purposes.
HB 54. By Messrs. Wheeler of Seminole and Cotton of Baker:
A Bill to be entitled an Act to repeal an Act relating to fishing on Sunday; and for other purposes.
HB 69. By Messrs. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide for the date of filing income tax returns; and for other purposes.
HB 71. By Messrs. Veal of Putnam, Key of Jasper and Smith of Emanuel:
A Bill to be entitled an Act to repeal an Act relating to the description of fences and enclosures and relating to enclosures by ditches and trenches; and for other purposes.
HB 104. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act relating to the entry of notice and award and payment to assessors of costs in condemnation proceedings, and for other purposes.
HB 118. By Messrs. Murphy of Haralson and Tamplin of Morgan:
A Bill to be entitled an Act to repeal an Act relating to Jewelry Auctions; so as to provide for the regulation of auction sales; to provide for license to hold auction sales; and for other purposes.
HB 121. By Messrs. Sheffield of Brooks and Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relative to the enumeration of Sheriffs' fees, so as to change certain of the fees contained therein, and for other purposes.
HB 130. By Messrs. Williams and Gunter of Hall:
A Bill to be entitled an Act to amend an Act relating to procedure for recalling county commissioners of Hall County, and for other purposes.
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JOURNAL OF THE HOUSE,
HB 144. By Messrs. Murphey of Crawford, Brannen of Dooly, Willingham of Cobb, McGarity of Henry, Jessup of Bleckley, McKenna and Carlisle of Bibb and others:
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; to provide for the filing of accident reports, and for other purposes.
HB 147. By Messrs. Henderson of Atkinson and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to the adoption laws of this State, so as to provide that nothing therein shall prevent a legally adopted child from inheriting from his natural parents; and for other purposes.
HB 156. By Messrs. Watson and Denson of Dougherty, Birdsong of Troup, Gunter of Hall, Lam of Troup, McWhorter of DeKalb and many others:
A Bill to be entitled an Act to authorize the Clerk of the superior court of any court of the State having a population of not less than 36,000, to install and use photostatic equipment or other photographic equipment, and for other purposes.
HB 158. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to provide for an advisory referendum election to be held in DeKalb County for the purpose of ascertaining the form of government desired by the people of such county, and for other purposes.
HB 167. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act to authorize the establishment of limited access highways in counties having a population of 300,000 or more, and for other purposes.
HB 175. By Messrs. Bodenhamer and Fowler of Tift, Jones of Worth, Lokey of Fulton, Barber of Jackson, Perkins of Carroll and many others:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus; so as to change the method of compensation; and for other purposes.
HB 181. By Messrs. Groover of Bibb, Scoggin of Floyd, Willingham of Cobb, Lokey of Fulton, Twitty of Mitchell, and others:
A Bill to be entitled an Act creating the office of Judge of the Superior Court Emeritus; so as to change the service qualifications; and for other purposes.
HB 182. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to amend an Act relating to the essentials of marriage, so as to provide that to constitute a valid marriage the parties must obtain such license as is now required by law and be
WEDNESDAY, JANUARY 26, 1955
233
joined in marriage by such person as is now authorized to perform such a ceremony; and for other purposes.
HB 207. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue for the County of Whitfield, and for other purposes.
HB 210. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to repeal an Act 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; to provide that all taxes at the time the provisions of this Act become effective and all tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued; and for other purposes.
HB 213. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled, "The Georgia Retailers' and Consumers' Sales and Use Act" setting forth the intention of the Legislature regarding casual and isolated sales, and to provide that casual and isolated sales are taxable under this Act; and for other purposes.
HB 214. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled, "The Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that contractors shall be deemed to be consumers under this Act and liable for sales and use tax on all tangible personal property used in fulfilling a contract; and for other purposes.
HB 219. By Messrs. Moore of Pickens, Mauldin of Gordon, Scoggin of Floyd and Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act relating to resident hunting and fishing licenses, and for other purposes.
HB 234. By Messrs. Watson of Dougherty, Gunter of Hall, Bolton of Spalding, Coker of Walker and many others:
A Bill to be entitled an Act to provide for the recording of affidavits showing facts affecting title to land; to provide for the admissability of such affidavits in evidence; and for other purposes.
HB 236. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to make it unlawful to drive a motor vehicle in a reckless manner; and for other purposes.
HR 15-34c. By Mr. Wilson of Towns: A Resolution to designate that area acquired pursuant to a resolution
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JOURNAL OF THE HOUSE,
approved February 18, 1953 as the "Chatuge Lake-Mountain Park", and for other purposes.
HR 20-47a. By Mr. Gilleland of Dawson:
A Resolution to authorize the Governor to sell approximately 28 acres of land owned by the State of Georgia in Dawson County which has never been granted by the State; and for other purposes.
HR 37-130b. By Mr. McCracken of Jefferson:
A Resolution authorizing the abandonment of certain property in Jefferson County, and for other purposes.
HR 54-193e. By Messrs. Mauldin of Gordon, Coker and Campbell of Walker and Underwood of Bartow:
A Resolution to authorize the Governor, acting on behalf of the State to sell for a nominal sum and convey title to the Board of Trustees of the OOthcalooga Lodge Number 154 F. & A. Masons, Calhoun, Gordon County, Georgia, an unused part of the Western and Atlantic Railroad property located in the City of Calhoun, County of Gordon, and for other purposes.
Referred to the Committee on Public Library.
SB 9. By Senator Hollis of the 24th:
A Bill to be entitled an Act to amend an Act providing for actions against non-residents operating motor vehicles in this State, 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 26-83b. By Messrs. Watson and Denson of Dougherty:
A Resolution requesting that certain law books be furnished to the Clerk of the Superior Court of 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 103 nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 27-83c. By Messrs. Watson and Denson of Dougherty: A Resolution requesting that certain law books be furnished to the Ordinary of Dougherty County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
WEDNESDAY, JANUARY 26, 1955
235
On the adoption of the resolution, the ayes were 104, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 29-83e. By Mr. Stevens of Marion: A Resolution requesting that certain law books be furnished to the Superior Court of Marion 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 30-83f. By Mr. Stevens of Marion: A Resolution requesting that certain law books be furnished to the Ordinary of Marion 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.
HB 125. By Messrs. Foster and Blalock of Clayton: A Bill to be entitled an Act to amend an Act so as to change the hours for holding elections in counties having a certain population, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 128. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to require that future registers of the traverse jury list be placed in one box for the use of superior courts in counties having a certain population, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
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JOURNAL OF THE HOUSE,
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 135. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act to provide for changing the compensation of the Solicitor General of the Cobb Judicial Circuit, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 160. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to create a three member Board of Commissioners 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 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 164. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Coroner 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 51-193b. By Mr. Musgrove of Clinch:
A Resolution requesting that certain law books be furnished to the Ordinary of Clinch 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.
WEDNESDAY, JANUARY 26, 1955
237
The resolution, having received the requisite constitutional majority, was adopted.
HR 53-193d. By Messrs. Peters and Hardaway of Meriwether:
A Resolution requesting that certain law books be furnished to the Ordinary of Meriwether 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.
SR 9. By Senator Page of the 1st:
A Resolution requesting that certain law books be furnished to the Superior Court of Chatham 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 114, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Municipal Government, read the second time and recommitted:
SB 12. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to pensions for employees of certain cities, 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 57-197a. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Resolution proposing an amendment to the Constitution so as to provide $250,000 for the first commercial oil well, and for other purposes.
By unanimous consent, the following Resolution of the House was withdrawn from the Committee on State of Republic, read the second time and recommitted to the Committee on Privileges of Floor :
HR 46. By Mr. Carlisle of Bibb: A Resolution creating a committee of the House to study the advisability
238
JOURNAL OF THE HOUSE,
of constructing a press gallery, and for other purposes.
By unanimous consent, the following Bills of the House were recommitted
to the Committee on General Judiciary # 1:
HB 175. By Messrs. Bodenhamer of Tift, Jones of Worth and others:
A Bill to be entitled an Act to amend an Act so as to change the compensation of Judges of the Superior Courts Emeritus, and for other purposes.
HB 181. By Messrs. Groover of Bibb, Scoggin of Floyd and others:
A Bill to be entitled an Act to amend an Act so as to change the service qualifications for Judges of the Superior Courts Emeritus, and for other purposes.
The following Resolutions of the House were read and adopted:
HR 79. By Mr. M. Smith of Fulton:
A RESOLUTION
WHEREAS, the City of Atlanta and the State of Georgia have had many illustrious sons, whose precepts and examples of sportsmanship and character have brought credit and renown to us all, and
WHEREAS, there is now one amongst us, loved by men everywhere, and admired by those to whom his name is already legendary, and
WHEREAS, this beloved citizen has been the greatest golfer of our time and has endeared himself to all the peoples of the world, and
WHEREAS, it is only proper and fitting that he should know the esteem in which he is held by all the citizens of Georgia,
THEREFORE BE IT RESOLVED BY THIS HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING that the name of The Honorable Robert Tyre Jones, Jr., be enshrined in the history of our beloved State as their evidence of the love, admiration and respect that his fellow Georgians hold for him,
BE IT FURTHER RESOLVED that this Resolution be spread upon the minutes of the Senate and the House of Representatives of Georgia, and that a copy of this Resolution be extended to The Honorable Robert Tyre Jones, Jr., accompanied by the best wishes of these bodies, for health and God speed to him in all his future endeavors.
HR 80. By Messrs. Chambers and Holley of Richmond and others:
A RESOLUTION
WHEREAS, the Honorable Thomas Palmer, a member of this House representing Mitchell County, was suddenly taken ill and hospitalized in the Georgia Baptist Hospital on January 25th while in the performance of his duties to the people of his county and the State of Georgia; and
WEDNESDAY, JANUARY 26, 1955
239
WHEREAS, this Honorable Body desires to express its sympathy and condolence to our fellow member of this Body.
NOW BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA:
That this Honorable Body does hereby go on record as expressing its sympathy and condolence to our fellow member, Thomas Palmer from Mitchell County with best wishes to him for a speedy recovery.
BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted by Clerk of this House to our infirm member at the Georgia Baptist Hospital, Atlanta, Georgia.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 3. By Senator Millican of the 52nd:
A Bill to be entitled an Act to repeal Chapter 47-10 of the Code of Georgia relative to lobbying; to provide the definition of lobbying; and for other purposes.
Referred to the Committee on State of Republic.
SB 42. By Senator Overby of the 33rd:
A Bill to be entitled an Act providing for the assignment of pupils in the public schools of this State; and for other purposes.
Referred to the Committee on Education # 1.
SB 48. By Senator Page of the 1st:
A Bill to be entitled an Act amending the several Acts relating to and incorporating the Town of Garden City, 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 198. By Messrs. Moate of Hancock, Willingham of Cobb and others:
A Bill to be entitled an Act to create the Georgia Rural Roads Authority, and for other purposes.
Mr. Sheffield of Brooks moved the previous question on the bill and all amendments, and the call was sustained.
The following amendment was read:
Mr. Smith of Emanuel moves to amend HB 198, Section 13, by adding at the end of the first paragraph of Section 13 the following words:
"Provided, however, that the provisions of this Section shall not apply to any funds heretofore or hereafter appropriated by the General
240
JOURNAL OF THE HOUSE,
Assembly to be disbursed by the State Treasurer to the various counties of this State for aid in county road construction and maintenance in the manner now provided in Sub-sections (d) and (e) in Section 11 of the General Appropriation Act approved February 20, 1953 or any subsequent Appropriation Act."
On the adoption of the amendment, the ayes were 14, nays 134.
The amendment was lost.
An amendment offered by Mr. Smith of Emanuel was read and lost.
An amendment offered by Mr. H. Smith of Fulton was read and lost.
An amendment offered by Mr. McCracken of Jefferson 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 176, nays 3.
The bill, having received the requisite constitutional majority, was passed.
HB 205. By Messrs. Moate of Hancock, Willingham of Cobb 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 for the use of projects as provided for in the "Georgia Rural Roads Authority Act", and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 138, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Mr. Groover of Bibb 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 27, 1955
241
Representative Hall, Atlanta, Georgia. Thursday, January 27, 1955.
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. Boggus of Ben Hill, 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 under the Rules of the House. 2. First reading and reference of House Bills and Resolutions. 3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local bills, and general bills with local application.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker, in his discretion, may call up any Bill or Resolution on the General Calendar in any order he deems advisable.
By unanimous consent, the following Bills and Resolutions of the House were read the first time, and referred to the Committees:
HB 275. By Messrs. Tarpley of Union, Upshaw of Bartow, Key of Jasper, King and Houston of Whitfield:
A Bill to be entitled an Act to amend an Act relating to fees of clerks of the Superior Courts, so as to provide for compensation for per diem services in attendance upon court in criminal cases; and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 276. By Messrs. Boggus of Ben Hill, H. Smith of Fulton, Ray of Warren, Barber of Jackson, Clary of McDuffie and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act known as the Uniform
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JOURNAL OF THE HOUSE,
Act Regulating Traffic on Highways, so as to provide for multiplebeam road lighting equipment, and for other purposes.
Referred to the Committee on Public Highways # 1.
HB 277. By Messrs. Phillips of Walton, Matheson of Hart, Lavender of Elbert, Potts of Coweta, Allen of Bulloch, Kennedy of Turner and others:
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 weighers; and for other purposes.
Referred to the Committee on General Agriculture # 2.
HB 278. By Messrs. Reed of Cobb, Bagby of Paulding, Willingham of Cobb, Scoggin of Floyd, Veal of Putnam and many others :
A Bill to be entitled an Act to amend an Act relating to venue in equitable actions so as to add additional venue to equitable proceedings against domestic and domesticated corporations; and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 279. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide that no person under the age of 21 years shall suffer the penalty of death as punishment for any crime, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 280. By Messrs. Scoggin of Floyd, Campbell of Walker, Willingham of Cobb, Terrell of Decatur:
A Bill to be entitled an Act to amend an Act which provided for retirement benefits for the Ordinaries of Georgia; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 281. By Messrs. Nightingale of Glynn, Wright of Floyd, Bentley of Cobb and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act relating to discovery at law, by adding to said section a provision providing that discovery at law may be had from defendents in fi. fa. as to the property from which executions may be satisfied; and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 282. By Messrs. Terrell and Cloud of Decatur and Perkins of Carroll.
A Bill to be entitled an Act to create the Georgia Commission for the Visually Handicapped and for other purposes.
Referred to the Committee on State of Republic.
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243
HB 283. By Messrs. Reed of Cobb and Russell of Barrow:
A Bill to be entitled an Act to protect the interests of the public with respect to insurance adjusters; and for other purposes.
Referred to the Committee on Insurance.
HB 284. By Messrs. Reed of Cobb and Russell of Barrow:
A Bill to be entitled an Act to define and regulate the business of representing insurers other than those transacting life, health, accident, hospital, medical service and title insurance and bail bonding by individual sureties; to provide for the licensing of agents for such representation; and for other purposes.
Referred to the Committee on Insurance.
HB 285. By Mr. Tanner of Coffee:
A Bill to be entitled an Act to amend an Act relating to the appointment of assessors in condemnation proceedings, so as to provide that all assessors chosen by the parties, or appointed, as the case may be, shall be residents of the county in which the land being condemned is located; and for other purposes.
Referred to the Committee on Generl!f Judiciary # 1.
HB 286. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act known as the Unemployment Compensation Law; by modifying and liberalizing the benefit tables so as to change benefit amounts, qualifications, eligibility for benefits, and duration of benefits; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 287. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to provide that the tax collector in all counties of this state having a population of not more than 9,950 and not less than 9,800, shall be paid from ad valorem school tax collected for the county board of education a commission of three and one-half percent of the net amount collected by him; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 288: By Mr. Turk of Wilcox:
A Bill to be entitled an Act to amend an Act to provide for the change in the salary of the Commissioners of Roads and Revenues of Wilcox County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 289. By Mr. Ramsey of Effingham:
A Bill to be entitled an Act to amend an Act incorporating the Town of Rincon in Effingham County; and for other purposes.
Referred to the Committee on Municipal Government.
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JOURNAL OF THE HOUSE,
HB 290. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to remove the restrictive term of office for officers and employees of said city; and for other purposes.
Referred to the Committee on Municipal Government.
HB 291. 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 292. By Messrs. Hall, Wright and Scoggin of Floyd:
A Bill to be entitled an Act to repeal the Act approved February 12, 1952 (Ga. Laws, 1952, Page 2360-2364) authorizing the Board of Commissioners of Roads and Revenue to pass zoning rules and regulations, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 293. By Mr. Birdsong of Troup:
A Bill to be entitled an Act to amend an Act entitled An Act to establish the City Court of LaGrange, and for other purposes.
Referred to the Committee on Municipal Government.
HB 294. By Mr. Birdsong of Troup:
A Bill to be entitled an Act to amend an Act entitled An Act to establish the City Court of LaGrange; to provide for the appointment of a Judge and other officers thereof and to define their powers and duties; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 295. By Mr. Rowland of Johnson: A Bill to be entitled an Act to amend an Act creating a State Board of Workmen's Compensation; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 296. 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 297. By Messrs. Sanders, Holley and Chambers of Richmond:
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 having a popula-
THURSDAY, JANUARY 27, 1955
245
tion 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.
HR 81-297a. By Mr. Bloodworth of Houston:
A Resolution to compensate Mr. and Mrs. Henry Harold Hill for injuries and damage to automobile, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 82-297b. By Messrs. Sanders, Chambers and Holley of Richmond:
A Resolution proposing an amendment to the Constitution relative to the districting of counties, so as to change the area of Richmond County to which said 1952 amendment is applicable; and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.
HR 83-297c. By Messrs. Groover of Bibb and Bloodworth of Houston: A Resolution authorizing compensation to Horace Evans, Sr., and for other purposes.
Referred to the Committee on Special .Appropriations.
HR 84-297d. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Resolution authorizing compensation to Theolia F. Todd for damages arising out of the death of her son, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 85-297e. By Messrs. Kelley and Kilgore of Gwinnett:
A Resolution compensating Ernest and Dorothy Brooks, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 86-297f. By Mr. Harrison of Jeff Davis:
A Resolution to authorize the Governor, acting on behalf of the State to convey to the City of Hazelhurst an unused part of a tract of land conveyed to the Commissioner of Agriculture for use as a Farmers Market; and for other purposes.
Referred to the Committee on Public Property.
HR 87-297g. By Mr. Mincy of Ware:
A Resolution authorizing payment of salary to Trooper Dessie Griffin of the State Patrol, and for other purposes.
Referred to the Committee on Special Appropriations.
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JOURNAL OF THE HOUSE,
HR 88-297h. By Mr. Cloud of Decatur: A Resolution authorizing compensation to George D. Whittaker; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 89-297i. By Mr. Bagby of Paulding: A Resolution authorizing and directing the State Librarian to furnish certain books to the Ordinary of Paulding County, and for other purposes.
Referred to the Committee on Public Library.
HR 90-297j. By Messrs. Lindsey and Bolton of Spalding: A Resolution compensating A. C. Bennett and Mamie Bennett, and for other purposes.
Referred to the Committee on Special Appropriations.
HB 298. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act providing a uniform system for the registration of marriages, divorces and annulments of marriage, so as to change the requirements of the report which the Clerk of the Superior Court furnishes to the Division of Vital Statistics; and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 299. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act providing for the registration of marriages, divorces and annulments, relating to compulsory registration of divorces and annulments of marriages and the filing fee therefor; and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 300. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act establishing a City Court of Griffin, so as to provide a contingent expense allowance to the Judge and Solicitor of such Court, and for other purposes.
Referred to the Committee on Municipal Government.
HB 301. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to repeal an Act entitled An Act to establish the salary system of compensation for certain county officers and employees of Wayne County in lieu of fees and other compensations, and for other purposes.
Referred to the Committee on Counties and County Matters:
THURSDAY, JANUARY 27, 1955
247
HB 302. By Messrs. Murr and Jones of Sumter, Gross of Dade, Barber of Jackson, Campbell of Walker and many others:
A Bill to be entitled an Act to provide for the installation of windshields and tops on track cars operated by common carriers; to authorize the Public Service Commission of this State to promulgate rules and regulations concerning same; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 303. By Messrs. Murr and Jones of Sumter, Gross of Dade, Barber of Jackson, Campbell of Walker, and many others:
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 promulgate and enforce reasonable rules and regulations relating to the safety, health and welfare of railroad employees; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 304. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act regulating the practice of Chiropody, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 305. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to authorize the establishment of limitedaccess highways in this State; and for other purposes.
Referred to the Committee on Public Highways # 1.
HR 91-305a. By Mr. Groover of Bibb:
A Resolution to compensate James Franklin Chance for injuries received while in Milledgeville State Hospital, and for other purposes.
Referred to the Committee on Special Appropriations.
HB 306. By Messrs. Coker of Cherokee and Mauldin of Gordon:
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, and for other purposes.
Referred to the Committee on General Agriculture # 2.
HB 307. By Messrs. Coker of Cherokee and Mauldin of Gordon:
A Bill to be entitled an Act to amend an Act known as the "Non-Profit Medical Service Act of 1950", so as to provide that the definition of "Medical Services" shall include Doctors of Dental Surgery; to provide
248
JOURNAL OF THE HOUSE,
that the definition of "Participating Physician" shall include a licensed dental surgeon; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 308. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend an Act which abolished the State Examining Boards included in Title 84 of the Georgia Code of 1933 and those created by certain other acts, and which created in lieu thereof new State Examining Boards and Commissions, so as to grant to the new State Examining Boards and Commissions the power to enjoin any person from engaging in or practicing in any of the businesses, professions or trades regulated by said Act without being registered or licensed by the respective Examining Boards and Commissions, etc., and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
By unanimous consent, the following Committee reports were submitted and read:
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 Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 57-197a. Do Pass.
HR 28-83d. Do Pass.
HR 13-34a. Do Pass.
Respectfully submitted,
Freeman of Monroe,
Chairman.
Mr. Short of Colquitt 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 191. Do Pass. HB 131. Do Pass.
HB 193. Do Pass.
HB 27. Do Pass.
THURSDAY, JANUARY 27, 1955
249
HB 28. Do Pass. HB 31. Do Pass. HB 233. Do Pass. HB 127. Do Pass. HB 224. Do Pass. HB 129. Do Pass. HB 161. Do Pass. HB 4. Do Pass. HB 190. Do Pass. HB 246. Do Pass. HB 250. Do Pass. HB 249. Do Pass. HB 247. Do Pass. HB 122. Do Pass. HB 254. Do Pass. HB 253. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Short of Colquitt 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 162. Do Pass.
HB 53. Do Pass.
HB 243. Do Pass.
HB 273. Do Pass. Respectfully submitted,
Short of Colquitt,
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:
HB 258. Do Pass. HB 266. Do Pass. HB 251. Do Pass. HB 230. Do Pass. HB 256. Do Pass. HB 255. Do Pass. HB 252. Do Pass. HB 245. Do Pass. HB 244. Do Pass. HB 212. Do Pass. HB 228. Do Pass. HB 218. Do Pass. HB 229. Do Pass. HB 263. Do Pass. HB 217. Do Pass. HB 208. Do Pass. HB 225. Do Pass. HB 226. Do Pass. HB 235. Do Pass. HB 227. Do Pass. HB 211. Do Pass. HB 216. Do Pass. HB 209. Do Pass. HB 264. Do Pass. HB 248. Do Pass. HB 265. Do Pass. SB 28. Do Pass, by substitute. SB 11. Do Pass, as amended. SB 15. Do Pass, as amended. SB 14. Do Pass, as amended. SB 12. Do Pass.
THURSDAY, JANUARY 27, 1955
251
SB 13. Do Pass. SB 16. Do Pass. SB 30. Do Pass. SB 45. Do Pass. SB 48. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.
Mr. Harrison of Wayne County, Chairman of the Committee on Penitentiary, submitted the following report:
Mr. Speaker:
Your Committee on Penitentiary 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 149. Do Pass.
HB 150. Do Pass. Respectfully submitted,
Harrison of Wayne,
Chairman.
Mr. Adams of Lamar County, Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. Speaker:
Your Committee on Privileges and Elections has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 64. Do Pass, as amended.
Respectfully submitted,
Adams of Lamar,
Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of thhe Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic 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 69. Do Not Pass.
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JOURNAL OF THE HOUSE,
SB 19. Do Pass.
Respectfully submitted, Drinkard of Lincoln, 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 4. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend. Section 92-3107, Code of Georgia, 1933, defining gross income for income tax purposes, so as to exclude from gross income amounts received as pensions from counties and municipalities, to repeal conflicting laws; and for other purposes.
SB 22. By Senator Reynolds of the 8th:
A Bill to be entitled an Act to amend Section 13-2048 of the Georgia Code of 1933, as amended, and relating to the payment of the deposit of deceased depositor, so as to increase the payments therein authorized from $600,00 to $1,000.00; to repeal conflicting laws; and for other purposes.
SB 23. By Senator Reynolds of the 8th:
A Bill to be entitled an Act to provide for the limitation of 20% of a bank's capital and surplus on temporary loans to counties, municipalities, political subdivisions and county boards of education; and for other purposes.
SB 24. By Senator Reynolds of the 8th:
A Bill to be entitled an Act to amend Section 13-904 of the Code, relating to the statement to be furnished the Superintendent of Banks by applicants for a charter, so as to provide that such statement shall be accompanied by an examination and investigation fee; and for other purposes.
SB 26. By Senator Reynolds of the 8th:
A Bill to be entitled an Act to amend Article 1, Section 4, of the Banking Law of Georgia, as codified in Section 13-204 of the Code of Georgia, 1933, relating to Private Banks, by adding thereto an additional unnumbered paragraph forbidding the organization and conduct of any new or additional private bank, and making it unlawful to engage in the business of private banking, with the proviso, nevertheless, that such prohibition shall not apply to or affect existing private banks; and for other purposes.
THURSDAY, JANUARY 27, 1955
253
SR 5. By Senator Dean of the 40th:
A Resolution to designate that area acquired pursuant to a resolution approved February 18, 1953 (Ga. Laws 1953, Jan.-Feb. Session, p. 131) as "Chatuge Lake-Mountain Park".
SR 17. By Senator Overby of the 33rd:
A Resolution proposing the development of a State Park in Hall County; and for other purposes.
SR 19. By Senator Overby of the 33rd:
A Resolution to authorize a "State Programs Study Committee" for the purpose of determining and recommending programs of services and a plan of financial operations for the State that will enable the State to provide the essential needs of the people of the State for each of the next four years; and for other purposes.
HB 21. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to amend an Act amending consolidating and superseding the several Acts incorporated in the City of Sylvania, county of Screven; and for other purposes.
HB 92. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "County Officers; Laws Applicable"; relating to elections for Sheriffs, Clerks of the Superior Court; and for other purposes.
SR 6. By Senator Millican of the 52nd:
A Resolution authorizing the placing of marble busts of the three Georgia signers of the Declaration of Independence in the Georgia Hall of Fame at the State Capitol; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following bill of the House, to wit:
HB 30: By Mr. Denmark of Liberty:
A Bill to be entitled an Act to repeal an Act incorporating the Town of Midway; to create a charter for the City of Midway in the County of Liberty; and for other purposes.
The Senate has passed as amended by the requisite majority the following bill of the House to wit:
HB 36. By Messrs. Moate of Hancock, Murr of Sumter, Willingham of Cobb, Fowler of Douglas, Murphy of Haralson, Tamplin of Morgan, McKenna of Bibb, Lokey of Fulton, Groover of Bibb and many others:
A Bill to be entitled an Act to reorganize the military forces of the State; to conform the organization, training and discipline to the requirements of the United States; to revise the military laws and make
254
JOURNAL OF THE HOUSE,
of force a military code; and for other purposes.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported by the Committees, were read the second time:
HB 4. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to provide for the hours of holding elections in certain counties; to repeal conflicting laws; and for other purposes.
HB 27. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Liberty County into the office of Tax Commissioner of Liberty County, and for other purposes.
HB 28. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to provide for the compensation of the Clerk of the Superior Court and the Sheriff of Liberty County; and for other purposes.
HB 31. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to supplement the fees of the Ordinary of Liberty County; and for other purposes.
HB 53. By Mr. Deen of Bacon:
A Bill to be entitled an Act to repeal an Act entitled An Act to enable Bacon County and the City of Alma, Georgia to establish a joint planning commission, and for other purposes.
HB 64. By Messrs. Bentley, Willingham and Reed of Cobb, Duke and Massee of Baldwin, Bodenhamer of Tift, Lam of Troup, Twitty of Mitchell and Nightingale of Glynn and others:
A Bill to be entitled an Act to amend an Act relative to absentee voting, so as to provide for absentee voting by persons who are unable to go to vote in person because of physical disability; and for other purposes.
HB 122. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act relating to additional duties of clerks of the superior court in counties of not less than 55,000 and not more than 62,000, and for other purposes.
HB 127. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to amend an Act entitled An Act to prescribe and limit the compensation of the Treasurer of Crawford County, and for other purposes.
HB 129. By Messrs. Holley, Sanders and Chambers of Richmond: A Bill to be entitled an Act to amend an Act relating to the compensa-
THURSDAY, JANUARY 27, 1955
255
tion of jurors and Bailiffs; so as to permit the Grand Juries in Counties having a population of not less than 100,000 inhabitants nor more than 110,000 inhabitants to fix the compensation of Jurors and Bailiffs, and for other purposes.
HB 131. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act to amend an Act to increase the compensation of the Treasurer of Cobb County; and for other purposes.
HB 149. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to amend an Act relating to the penalty for escapes in misdemeanor cases, so as to provide that a police officer or guard may shoot a misdemeanor prisoner to prevent escape; and for other purposes.
HB 150. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to amend an Act relating to the punishment of persons convicted of misdemeanors, so as to provide that persons convicted of a misdemeanor and sentenced to a jail sentence of any duration or any other imprisonment sentence of less than twelve months duration shall serve their. sentence under the jurisdiction, care and control of the county authorities wherein the conviction was had; and for other purposes.
HB 161. By Messrs. Holley, Sanders and Chambers of Richmond:
A Bill to be entitled an Act to provide for the continued existence of the Richmond County Department of Health, and for other purposes.
HB 162. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to prohibit and regulate the solicitation of votes for any person or proposition on any election day in all counties having a population of not less than 14,225 and not more than 14,300, and for other purposes.
HB 190. By Messrs. Underwood and Upshaw of Bartow:
A Bill to be entitled an Act to repeal an Act entitled An Act to change the ordinary from the fee to the salary system in counties having a population of not less than 25,280 and not more than 25,300 inhabitants, and for other purposes.
HB 191. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act to provide a law Department for Fulton County, and for other purposes.
HB 193. By Messrs. Willingham, Reed and Bentley 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.
256
JOURNAL OF THE HOUSE,
HB 208. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating a complete system of retirement and pension pay for the employees of the City of Decatur, and for other purposes.
HB 209. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating a complete system of retirement and pension pay for the employees of the City of Decatur, and for other purposes.
HB 211. By Mr. Strickland of Toombs:
A Bill to be entitled an Act creating the City Court of Lyons and defining its powers, duties, jurisdiction, officers and compensation, and for other purposes.
HB 212. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to the fees paid to coroners in counties having a population of not less than 15,200 and not more than 15,900, by providing that the coroner shall be paid a salary in lieu of fees; and for other purposes.
HB 216. By Mr. Coxwell of Lee:
A Bill to be entitled an Act to amend an Act to authorize and direct the Mayor and Council of the Town of Leesburg to close and vacate a certain street in said City, and for other purposes.
HB 217. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act entitled An Act to provide and establish a new charter for the City of Waycross, so as to provide that taxes shall become a lien upon all property subject to taxation in Waycross, and for other purposes.
HB 218. By Mr. Land of Wilkinson:
A Bill to be entitled an Act to amend an Act entitled An Act to create and establish a new charter for the City of Gordon; to declare the rights, powers and privileges of said corporation, and for other purposes.
HB 224. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to provide that in certain counties the tax receiver shall receive one- and one-fourth percent of the county wide school tax; and for other purposes.
HB 225. By Messrs. Nightingale and Killian of Glynn:
A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick, and for other purposes.
THURSDAY, JANUARY 27, 1955
257
HB 226. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend the Act incorporating the Town of Cadwell, so as to enlarge the corporate limits thereof; and for other purposes.
HB 227. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend the Act incorporating the City of Dublin; by providing for the use of revenues derived from the city water system for the purpose of retiring outstanding bonds; and for other purposes.
HB 228. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to amend an Act entitled An Act to create and incorporate the City of Riverdale, in the County of Clayton, and grant a charter to that municipality under that name and style, and for other purposes.
HB 229. By Messrs. Mallory and Caldwell of Upson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, and for other purposes.
HB 230. By Messrs. Bodenhamer and Fowler of Tift:
A Bill to be entitled an Act to amend an Act entitled An Act to repeal the present charter of the City of Tifton; to provide a reduction of terms of office of future city commissioners from five years to three years, and for other purposes.
HB 235. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act establishing The City Court of Albany; and for other purposes.
HB 243. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act entitled An Act to empower Muscogee County to acquire, construct, reconstruct, improve, maintain and extend public sewers, and for other purposes.
HB 233. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to repeal an Act creating a Commissioner of Roads and Revenues for McDuffie County; to create a three member Board of Commissioners; and for other purposes.
HB 244. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend the Charter of Warrenton; to authorize, empower and direct the Mayor and Council to levy an ad valorem tax on all taxable property in the City of Warrenton; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 245. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act creating the City Court of Columbus, and for other purposes.
HB 246. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act authorizing Muscogee County and the governing authority of said county provide for the construction, grading, paving repairing and maintenance of roads, streets, curbs, gutters and sidewalks, and for other purposes.
HB 247. By Messrs. Pickard, Young and Nilan 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, and for other purposes.
HB 248. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus power and authority to sell and convey or exchange and convey, at any time or times, with the consent of the abutting owner or owners on the west, the fee simple title to any part, parts or all of a tract of land in said city comprising the west thirty-three (33) feet of Front Avenue, between Eleventh and Twelfth Streets, and for other purposes.
HR 13-34a. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Resolution proposing to the qualified voters of Georgia an amendment to the Constitution of 1945 relating to the qualifications of Justices, Judges, and for other purposes.
HR 28-83d. By Mr. Kennedy of Turner:
A Resolution proposing an amendment to the Constitution, so as to authorize the City of Ashburn, in Turner County, to 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 industries in the City of Ashburn, and for other purposes.
HB 249. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, and for other purposes.
HB 250. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act entitled An Act to abolish justice courts and the office of the Justice of the Peace, and to authorize the increase in the maximum salaries of the deputy marshalls of the Municipal Court of Columbus, and for other purposes.
THURSDAY, JANUARY 27, 1955
259
HB 251. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Swainsboro, and for other purposes.
HB 252. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act entitled an Act amending the Charter of the City of Columbus, relating to pensions for retired Officers, and for other purposes.
HB 253. By Messrs. Bentley, Reed and Willingham of Cobb:
A Bill to be entitled an Act to provide for the establishment of sewage districts in Cobb County, and for other purposes.
HB 254. By Messrs. Bentley, Willingham and Reed of Cobb:
A Bill to be entitled an Act to provide for the establishment of fire prevention districts in Cobb County, and for other purposes.
HB 255. By Messrs. Campbell and Coker of Walker:
A Bill to be entitled an Act to amend an Act entitled An Act to amend, codify and consolidate the various Acts incorporating and amending the incorporation of the City of LaFayette in the County of Walker, and for other purposes.
HB 256. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act establishing the City Court of Elberton, and for other purposes.
HB 258. By Mr. Ray of Warren:
A Bill to be entitled an Act to repeal an Act entitled An Act to amend an Act to amend the Charter of Warrenton, Georgia; and for other purposes.
HB 263. By Mr. Turk of Wilcox:
A Bill to be entitled an Act to incorporate the City of Abbeville, by abolishing the present charter of said City and writing a new charter, and for other purposes.
HB 264. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Bill to be entitled an Act to amend an Act relating to the charter of the Mayor and Aldermen of the City of Savannah and relating to the Industrial and Domestic Water Supply Commission, and for other purposes.
HB 265. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend the Charter of the City of Valdosta, and for other purposes.
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JOURNAL OF THE HOUSE,
HB 266. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend the Charter of the City of Valdosta; to alter, extend, relocate and redefine the corporate limits of said City, and for other purposes.
HB 273. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act 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.
SB 11. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, and for other purposes.
SB 13. 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 in counties having a population of more than 300,000, and for other purposes.
SB 14. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing pensions for members of police departments in cities having a population of 150,000 or more, so as to provide for the amount of pension payable to widows, and for other purposes.
SB 15. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing a system of pensions for members of paid fire departments in cities having a population of more than 150,000 so as to provide additional benefits, and for other purposes.
SB 16. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, and for other purposes.
SB 19. By Senator Dean of the 40th: A Bill to be entitled an Act to amend an Act relating to voting by mail by persons, and for other purposes.
SB 28. By Senator Page of the 1st: A Bill to be entitled an Act to amend the Charter of the Mayor and Aldermen of the City of Savannah, and for other purposes.
SB 30. By Senator Page of the 1st: A Bill to be entitled an Act to amend an Act relating to the charter
THURSDAY, JANUARY 27, 1955
261
of the Mayor and Councilmen of the town of Garden City, and for other purposes.
SB 45. By Senator Page of the 1st:
A Bill to be entitled an Act to amend the charter of the Mayor and Aldermen of the City of Savannah, and for other purposes.
SB 48. By Senator Page of the 1st:
A Bill to be entitled an Act amending the several Acts relating to and incorporating the Town of Garden City, 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 130. By Messrs. Williams and Gunter of Hall:
A Bill to be entitled an Act to amend an Act relating to procedure for recalling County Commissioners 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 156. By Messrs. Watson of Dougherty, Birdsong of Troup and others:
A Bill to be entitled an Act to authorize the use of photostatic equipment by clerks of the superior courts in certain counties, and for other purposes.
The following amendments were read and adopted:
Messrs. Lindsey and Bolton of Spalding, Kelly and Kilgore of Gwinnett, Hogan and Jones of Laurens, Willis of Thomas, Barber and Short of Colquitt, Duncan and Perkins of Carroll, Houston and King of Whitfield, and Mathis and Register of Lowndes moves to amend HB 156 by deleting the figure 36000 in the title and body of said bill and inserting in lieu thereof the figure 31000.
The Committee on General Judiciary No. 2 moves to amend HB 156:
1. By adding the words "or the ordinary" after the words "clerk of the superior court" wherever the words "clerk of the superior court" appear in the title or in the body of said bill.
2. By changing the words "including micro equipment" to "excluding micro equipment" wherever such words appear in the title or in the body of said bill.
3. By striking the words "without limitation as to generality" wherever such words appear in the title or in the body of said bill.
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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, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
HB 158. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to provide for an advisory referendum election to ascertain the form of government desired by the people of DeKalb County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 167. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act relating to the establishment of limited access highways 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 207. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 210. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to repeal an Act creating the office of Tax Commissioner of Whitfield County, and for other purposes.
THURSDAY, JANUARY 27, 1955
263
The report 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 12. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to provide increased pension benefits to 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 109, 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 4. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act defining gross income for income tax purposes, so as to exclude from gross income amounts received as pensions from counties and municipalities, and for other purposes.
Referred to the Committee on Ways and Means.
SR 5. By Senator Dean of the 40th:
A Resolution to designate that area acquired pursuant to a resolution approved February 18, 1953 (Ga. Laws 1953) as "Chatuge LakeMountain Park", and for other purposes.
Referred to the Committee on Public Property.
SR 6. By Senator Millican of the 52nd:
A Resolution authorizing the placing of marble busts of the three Georgia signers of the Declaration of Independence in the Georgia Hall of Fame at the State Capitol, and for other purposes.
Referred to the Committee on Historical Research.
SR 17. By Senator Overby of the 33rd:
A Resolution proposing the development of a State Park in Hall County, and for other purposes.
Referred to the Committee on Public Property.
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JOURNAL OF THE HOUSE,
SR 19. By Senator Overby of the 33rd:
A Resolution to authorize a "State Programs Study Committee" for the purpose of determining and recommending programs of services and a plan of financial operations for the State that will enable the State to provide the essential needs of the people of the State for each of the next four years, and for other purposes.
Referred to the Committee on State of Republic.
SB 22. By Senator Reynolds of the 8th:
A Bill to be entitled an Act to amend Section 13-2048 of the Georgia Code of 1933, as amended, and relating to the payment of the deposit of a deceased depositor, so as to increase the payments therein authorized from $600.00 to $1,000.00; and for other purposes.
Referred to the Committee on Banks and Banking.
SB 23. By Senator Reynolds of the 8th:
A Bill to be entitled an Act to amend an Act to provide for the limitation of 20% of a bank's capital and surplus on temporary loans to counties, municipalities, political subdivisions and county boards of education; and for other purposes.
Referred to the Committee on Banks and Banking.
SB 24. By Senator Reynolds of the 8th:
A Bill to be entitled an Act to amend an Act relating to the statement to be furnished the Superintendent of Banks by applicants for a charter, and for other purposes.
Referred to the Committee on Banks and Banking.
SB 26. By Senator Reynolds of the 8th:
A Bill to be entitled an Act to amend an Act relating to Private Banks and for other purposes.
Referred to the Committee on Banks and Banking.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 36. By Messrs. Moate of Hancock, Willingham of Cobb and others. A Bill to be entitled an Act to reorganize the military forces of the State, and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB 36 by inserting in front of the word "Colonel" in Line 8, Section 25, the word "Lieutenant".
THURSDAY, JANUARY 27, 1955
265
Mr. Groover of Bibb moved that the House agree to the Senate amendment to HB 36.
On the motion to agree, the ayes were 131, nays 0.
The Senate amendment was agreed to.
HB 30. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to create a new charter for the City of Midway, and for other purposes.
The following Senate amendment was read:
Senator Warnell, of the 2nd, moves to amend House Bill No. 30 in the following respects:
1.
By striking Section 26 and substituting in lieu thereof the following:
Said city, by and through its Mayor and Council, shall have full power and authority to acquire, construct, reconstruct, improve, and extend revenue-producing projects and systems, including condemnation of lands or premises necessary for same except property of an existing public utility, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to issue negotiable certificates payable from such revenues, to finance the cost of construction and operation of same, and to exercise all the powers and authorities to do all the things and acts authorized by the "Revenue Anticipation Law of 1937" of this State, and Acts amendatory thereof.
2.
By striking Section 27 and substituting in lieu thereof the following:
The City of Midway shall have the power of eminent domain to condemn property for the use of said City, either within or without the corporate limits thereof, except property of an existing public utility.
Mr. Denmark of Liberty moved that the House agree to the Senate amendment to HB 30.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
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:
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JOURNAL OF THE HOUSE,
HB 145. By Messrs. Ray of Warren, Garrard of Wilkes, and others:
A Bill to be entitled an Act creating a Structural Pest Control Commission, 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 69. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend the Code so as to change the deadline for filing income tax returns, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Section 92-3210 of the Code of Georgia of 1933 relating to the time and place of filing income tax returns as amended by an Act approved March 30, 1937 (Ga. Laws 1937, p. 109, 138) by striking the said section in its entirety and substituting in lieu thereof a new section to be known as Section 92-3210; by providing that such returns may be filed on or before April 15 of each year in the case of those filing on a calendar year basis, and on or before the 15th day of the fourth month after the close of the fiscal year in the case of those filing on a fiscal year basis; to provide for the filing of tentative returns of income taxes; to extend the time for the filing of returns by members of the armed services of the United States to any time within six months after the return of the serviceman to the continental United States; and to amend Section 92-3301 of the Code of Georgia of 1933 relating to the time and place of payment of income taxes and to installment payments thereof, as amended by the the Act approved February 15, 1952 (Ga. Laws 1952, p. 360, 361) and as further amended by the Act approved February 15, 1952 (Ga. Laws 1952, p. 405, 425) , by fixing the date on or before which the full amount of the tax must be paid as April 15th, of each year in the case of returns made on a calendar year basis and as on or before the 15th day of the fourth month after the close of the fiscal year in the case of those filing returns on a fiscal year basis; to provide for the payment of income taxes on the installment basis; to fix the time and amount of installment payments; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Section 92-3210 of the Code of Georgia of 1933, dealing with the time and place of filing income tax returns, as amended by the Act approved March 30, 1937 (Ga. Laws 1937, p. 109, 138) is hereby amended by striking the same in its entirety and substituting in lieu thereof a new section to be known as Section 92-3210, as follows:
"Returns shall be filed with the Commissioner at his office in the State Capitol on or before the fifteenth day of April in each year, except that in the case of taxpayers using a fiscal year the return shall
THURSDAY, JANUARY 27, 1955
267
be filed on or before the fifteenth day of the fourth month after the close of such fiscal year. In case of sickness, or other disability, or whenever in his judgment good cause exists, the Commissioner may allow further time for filing returns. In case a taxpayer is granted an extension of time to file a return, the Commissioner may require a tentative return to be filed on or before the due date of the return with respect to which the extension is granted. A tentative return shall be made on the usual form, plainly marked 'Tentative,' and shall state the estimated amount of the tax believed to be due, and shall be properly signed by the taxpayer. All other laws to the contrary notwithstanding, the time for filing income tax returns and for the payment of said tax by members of the Armed Services of the United States returning from service outside the continental United States is hereby extended, without prior application therefor, to any time within a period of six months next following the return of said servicemen to the continental United States. During such period of extension, no interest shall accrue, nor shall any penalties be imposed therefor.''
SECTION 2.
Subsection (a) and subsection (b) of Section 92-3301 of the Code of Georgia of 1933, as amended by the Act approved February 15, 1952, (Ga. Laws 1952, p. 360, 361) and as further amended by the Act approved February 15, 1952 (Ga. Laws 1952, p. 405, 425), dealing with the time and place of the payment of income taxes, are hereby amended by striking the said subsections in their entirety and substituting in lieu thereof two new subsections to be known as Section 92-3301 (a) and Section 92-3301 (b), reading as follows:
"(a) The total amount of tax imposed by this law shall be paid to the State Revenue Commissioner on or before the fifteenth day of April following the close of the calendar year; or if the return should be made on the basis of a fiscal year then on or before the fifteenth day of the fourth month following the close of the fiscal year."
"(b) If the amount of the tax exceeds thirty dollars ($30.00) payment may be made in three equal installments: one-third on the date the return is filed, one-third on or before the expiration of two months from the date the return was originally due and one-third on or before the expiration of five months from the date the return was originally due. If any installments is not paid on or before the date fixed for its payment, the whole amount of the tax shall immediately become due and payable without notice and demand from the Commissioner, and interest shall be added from the date the tax was originally due at the rate of six per cent (6%) per annum until the amount of the tax is paid."
SECTION 3.
The provisions of this Act shall be effective for returns filed and taxes paid for the calendar year 1954 and thereafter and for returns filed and taxes paid for fiscal years ending on or after January 1, 1955.
SECTION 4.
All laws and parts of laws in conflict with this Act are hereby repealed.
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JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 125, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.
HB 219. By Messrs. Moore of Pickens, Mauldin of Gordon and others:
A Bill to be entitled an Act to amend the Code relating to resident hunting and fishing licenses, and for other purposes.
Mr. Harrison of Wayne moved the previous question on the bill and all amendments, and the call was sustained.
The following amendment was read:
Mr. Perkins of Carroll moves to amend HB 219 by striking from Section 4, Paragraph (a), Line 4, the words and number "(14) years of age" and inserting in lieu thereof the number and words "(16) sixteen years of age".
On the adoption of the amendment, the ayes were 65, nays 53.
The amendment was adopted. The following amendment was read and adopted:
Mr. Sheffield of Brooks moves to amend HB 219 by adding a new subsection under Section 4 as follows:
(d) This Act shall become effective April 1, 1955.
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 24.
The bill, having received the requisite constitutional majority, was passed, as amended.
The bill was ordered immediately transmitted to the Senate.
HB 66. By Messrs. McGarity of Henry, Moate of Hancock and others:
A Bill to be entitled an Act to amend an Act so as to provide for the approval of warehouse receipts by the Commissioner of Agriculture, and for other purposes.
The report of the Committee, which was favorable, to the passage of the bill, was agreed to.
THURSDAY, JANUARY 27, 1955
269
On the passage of the bill, the ayes were 125, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 180. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to create the Georgia Board of Landscape Architects, and for other purposes.
Mr. Stephens of Clarke moved the previous question on the bill and all amendments, and the call was sustained.
The following amendments were read and adopted:
Mr. Stephens of Clarke moves to amend HB 180 by changing the word "respectfully" in line 1, Section 1, to "respectively".
The Committee on Conservation moves to amend HB 180 by deleting Section 1 and substituting in lieu thereof the following:
Section 1. The following terms shall have the meanings respectively ascribed to them, unless the context of this Act clearly indicates otherwise:
"Landscape Architect" means a person who holds a certificate to practice or teach landscape architecture in this State under the authority of this Act.
"Landscape Architecture" means the profession of preparing plans and specifications and supervising the execution of projects involving the arranging of land or water and the elements used thereof for public and private use and enjoyment, embracing land use studies, general and detailed design plans, the location of utilities, grade adjustments, soil conditioning, planting plans, and outdoor construction plans, in accordance with the accepted professional standards of public health and safety.
"Board" means the Georgia State Board of Landscape Architects.
Further, to amend Section 12 by deleting from the first sentence thereof the word "written".
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 57, nays 49.
The bill, having failed to receive the requisite constitutional majority, was
lost, as amended.
.
Mr. Stephens of Clarke gave notice that at the proper time he would move
that the House reconsider its action in failing to pass HB 180.
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JOURNAL OF THE HOUSE,
SB 44. By Senator Page of the 1st and others:
A Bill to be entitled an Act to amend an Act so as to provide for additional members of the Georgia Ports 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 55. By Messrs. Coker of Cherokee and Mashburn of Forsyth: A Bill to be entitled an Act to provide qualifications for midwives, and for other purposes.
The report 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 2. The bill, having received the requisite constitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
HB 140. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend the Code relating to the practice of 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 103, nays 1.
The bill, having received the requisite constitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
HB 63. By Messrs. Hawkins of Screven, Groover of Bibb, and Freeman of Monroe:
A Bill to be entitled an Act to regulate the conduct of attorneys at law in their arguments to juries 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 pas~age of the bill, the ayes were 125, nays 1.
The bill, having received the requisite constitutional majority, was passed.
THURSDAY, JANUARY 27, 1955
271
HB 54. By Mr. Wheeler of Seminole:
A Bill to be entitled an Act to repeal the Code relating to fishing on Sunday, and for other purposes.
The report 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 20.
The bill, having received the requisite constitutional majority, was passed.
Messrs. Bodenhamer of Tift and Boggus of Ben Hill requested that the Journal show them as having voted against the passage of HB 54.
HB 195. By Messrs. Reed, Bentley and Willingham of Cobb:
A Bill to be entitled an Act to provide for the disposal of dead poultry, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide for the disposal of dead poultry; to provide for the method of disposal; to provide a penalty for violation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
To prevent the spread of disease, any person owning or having control of more than 100 head of poultry shall either burn or bury at a depth of 2y2 feet or more, all poultry dying from disease, infection, or other cause.
SECTION 2.
Any person owning or having control of more than 500 head of poultry shall maintain a pit for the disposal of dead poultry. Such pit shall meet the specifications therefor prescribed by the Department of Public Health and the Department shall issue such specifications.
SECTION 3.
Any person buying poultry for the purpose of resale may arrange with the municipal or county governing authority as the case may be, for the disposal of dead poultry, if city or county disposal facilities are available.
SECTION 4.
This Act shall be supplemental to and not in conflict with any existing laws.
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JOURNAL OF THE HOUSE,
SECTION 5.
Any person violating the provisions of this Act shall be guilty of a misdemeanor and punished as provided by law.
SECTION 6.
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 123, nays 1.
The bill, having received the requisite constitutional majority, was passed, by substitute.
Under the regular order of business, the following Bill of the House was again taken up for consideration:
HB 67. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act relating to the regulation of traffic on the highways, and for other purposes.
The following substitute offered by Mr. Bentley of Cobb was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556) so as to change the restrictions relative to parking; to provide for certain exceptions; to repeal conflicing laws; and for other purposes.
GIA:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR-
SECTION 1.
An Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556) is hereby amended by striking Subparagarph 15 of Paragraph A of Section 92 in its entirety and inserting in lieu thereof a new Subparagraph 15 to read as follows:
"15. It shall be unlawful for any person to stop and park any automobile, truck, tractor, trailer or other motor vehicle or horse-drawn vehicle on the paved or surfaced portion of any State-aid road, highway, or laned roadway, provided that there is a sufficient shoulder area to permit parking on the side of the road, and provided that in no case, except as otherwise provided in this Act, shall any portion of any motor vehicle be parked so as to extend over the paved or surfaced area of any road, highway or laned roadway, more than two (2)
THURSDAY, JANUARY 27, 1955
273
feet as measured from the right side of such State-aid road, highway or laned roadway. It shall be unlawful under any circumstance to park on the left side of any road, highway or laned roadway."
SECTION 2.
Said Act is further amended by striking in its entirety paragraph (c) of Section 92 and inserting in lieu thereof a new paragraph (c) to read as follows:
"(c) The provisions of Section 92 (a) 15 shall not apply to any passenger vehicle while parked or stopped for the purpose of taking on or discharging passengers or for a regularly scheduled layover not to exceed one (1) hour, 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."
SECTION 3.
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substiutte.
On the passage of the bill, by substitute, the ayes were 103, nays 7.
The bill, having received the requisite constitutional majority, was passed, by substitute.
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 194. By Messrs. Mallory and Caldwell of Upson:
A Bill to be entitled an Act to repeal the Code relating to the use of explosives, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 142. By Mr. Fowler of Tift:
A Bill to be entitled an Act to amend an Act relating to the distribution of hog cholera serum in this State, and for other purposes.
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JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 2.
The bill, having received the requisite constitutional majority, was passed.
HR 20-47a. By Mr. Gilleland of Dawson:
A Resolution authorizing the sale of certain lands owned by the State in Dawson 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 123, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 201. By Messrs. Killian and Nightingale of Glynn:
A Bill to be entitled an Act to provide that persons dependent upon seeing eye dogs shall be entitled to certain equal privileges, and for other purposes.
The following amendment was read and adopted:
Mr. Killian of Glynn moves to amend HB 201 by inserting line 10 of Section 1 after the words "by such dog" the words "when such dog shall be properly muzzled".
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 119, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.
HR 37-130b. By Mr. McCracken of Jefferson:
A Resolution authorizing the abandonment of certain property in Jefferson 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 127, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
THURSDAY, JANUARY 27, 1955
275
HR 54-193e. By Messrs. Mauldin of Gordon, Coker of Walker and others:
A Resolution authorizing the sale of certain property in the City of Calhoun, 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 2.
The resolution, having received the requisite constitutional majority, was adopted.
Mr. Groover of Bibb moved that the House do now adjourn until 10 :00 o'clock tomorrow morning, and tlie motion prevailed.
Messrs. Cheatham and Eyler of Chatham, Cloud of Decatur, and Truelove of White were granted leaves of absence.
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. Friday, January 28, 1955.
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. Boggus of Ben Hill, 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 unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local bills, and general bills with local application.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker, in his discretion, may call up any Bill or Resolution on the General Calendar in any order he deems advisable.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 309. By Messrs. Nightingale and Killian of Glynn, Deen of Bacon, Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to provide for municipal home rule; to establish a plan of municipal government which the municipalities of Georgia may adopt if they so desire, and for other purposes.
Referred to the Committee on State of Republic.
HB 310. By Messrs. Bagby of Paulding, Bentley of Cobb and Coker of Cherokee:
A Bill to be entitled an Act to amend an Act relating to the amount, computation and payment of compensation under the Workmen's Com-
FRIDAY, JANUARY 28, 1955
277
pensation laws; so as to provide for compensation for disfigurement; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 311. By Messrs. Sanders of Richmond, Short of Colquitt, Groover of Bibb, Chambers of Richmond and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts so as to provide that the juvenile court may establish a division of the juvenile probation system of such county for the physical and mental diagnosis of cases of children who are believed to be physically or mentally diseased or defective; and for other purposes.
Referred to the Committee on State of Republic.
HB 312. By Mr. Hendrix of Long:
A Bill to be entitled an Act to limit the amount of chemical solution, industrial waste, garbage, sewerage or other substances that may be deposited in any stream within this State to an amount not in excess of the capacity of the stream to absorb the substance deposited therein without a change in the chemical analysis of the water of the stream sufficient to cause the death of fish therein or to endanger the health of persons using water therefrom or residing along such stream; and for other purposes.
Referred to the Committee on Game and Fish.
HB 313. By Messrs. Denmark of Liberty and Deal of Bryan:
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 General Judiciary # 1.
HB 314. By Messrs. Chambers of Richmond, Short of Colquitt, Lavender of Elbert, McCracken of Jefferson, Carlisle of Bibb and many others:
A Bill to be entitled an Act to amend an Act relating to matters admissable in evidence, so as to provide that all statements, contracts, releases and other communications, either written or oral, obtained, secured, or made by any person who has sustained property damage or personal injury loss, to an insurance adjuster or other representative of an insurance company, shall be inadmissible in evidence if taken or made within 72 hours following any incident resulting in a property damage or personal injury loss; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 315. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to amend an Act providing a complete and comprehensive Vital Statistics Law for Georgia; so as to prescribe certain regulations relative to the removal or disposition of a dead body; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
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JOURNAL OF THE HOUSE,
HB 316. By Messrs. Young, Pickard and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act relative to obtaining a license to carry a pistol, and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 317. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A Bill to be entitled an Act to amend an Act entitled An Act to amend the Charter of the Mayor and Aldermen of the City of Savannah, relating to the Savannah Airport Commission, and for other purposes.
Referred to the Committee on Municipal Government:
HB 318. By Messrs. Chambers, Sanders and Holley of Richmond:
A Bill to be entitled an Act to amend an Act entitled An Act to abolish Justices Courts and the Office of Justice of the Peace in the City of Augusta, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 319. By Mr. Tanner of Coffee:
A Bill to be entitled an Act to amend an Act entitled An Act to create the office of Commissioner of Roads and Revenues in the County of Coffee, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 320. By Messrs. Cheatham, Eyler and Sognier 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 321. By Messrs. Bolton and Lindsey of Spalding, King of Pike, Caldwell and Mallory of Upson and Huddleston of Fayette :
A Bill to be entitled an Act to amend an Act creating the Griffin Judicial Circuit; so as to provide for an increase in the salary of the Judge of the Superior Courts of the Griffin Judicial Circuit; and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 322. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend an Act relating to the taxing of banks and banking associations, and for other purposes.
Referred to the Committee on Banks and Banking.
HB 323. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act entitled An Act to abolish the Division of Wild Life, the Department of Natural Resources, the
FRIDAY, JANUARY 28, 1955
279
office of Commissioner of Natural Resources, insofar as they pertain to such Division, and for other purposes.
Referred to the Committee on Game and Fish.
HB 324. By Messrs. Willingham of Cobb, Rowland of Johnson, Roughton of Washington and Musgrove of Clinch :
A Bill to be entitled an Act to amend an Act known as the Unemployment Compensation Law; by extending coverage to employers with four or more employees, and for other purposes.
Referred to the Committee on Industrial Relations.
HB 325. By Messrs. Potts and Stripling of Coweta and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act relating to meetings of the County Boards of Education, and for other purposes.
Referred to the Committee on Education # 1.
HB 326. By Messrs. Bolton and Lindsey of Spalding, and Floyd of Chattooga:
A Bill to be entitled an Act to regulate the registration of Motor Vehicles, so as to strike from said Act the requirement of including the amount of liens against motor vehicles and the name and address of lien holders; and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 327. By Messrs. Lindsey and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to drunkenness in public places, and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 328. By Messrs. Perkins of Carroll, Matheson of Hart and Lavender of Elbert:
A Bill to be entitled an Act to repeal an Act entitled an Act known as the Old Age Assistance Act, by including a section to provide for the responsibility of financially able children to support needy parents, and for other purposes.
Referred to the Committee on Public Welfare:
HB 329. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled 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 of the State of Georgia, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace, and for other purposes.
Referred to the Committee on Municipal Government.
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JOURNAL OF THE HOUSE,
HB 330. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to provide that the County Physician or Coroners Physician hereinafter employed by the Board of Commissioners of Roads and Revenues of Richmond County, shall not be affected by, nor entitled to any of the benefits of any tenure act now in effect or hereinafter enacted affecting employees in said Richmond County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 331. By Messrs. Bolton of Spalding, Matthews of Clarke, Lavender of Elbert, Mackay of DeKalb and Russell of Barrow:
A Bill to be entitled an Act to authorize the judgment of a court providing permanent alimony for the support of a wife, or child or children, or both, to be revised, upon petition by wife or husband alleging change in husband's income and financial status; and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 332. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to provide for a contingent expense allowance for the chairman and members of the Board of Commissioners of Roads and Revenues of Spalding County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 92-332a. By Mr. Deen of Bacon:
A Resolution to compensate W. A. Williams for injuries sustained to himself when robbed and beaten by two escaped convicts from the Coffee County Work Camp; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 93-332b. By Mr. Murphy of Haralson:
A Resolution authorizing the State Librarian to furnish certain law books to the Court of Ordinary of Haralson County, and for other purposes.
Referred to the Committee on Public Library.
HR 94-332c. By Messrs. Duke and Massee of Baldwin:
A Resolution to compensate W. B. Hardie of Milledgeville for destruction of his property by an escaped patient of the Milledgeville State Hospital; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 95-332d. By Messrs. Strickland of Toombs, Jackson of Jones, Hayes of Coffee, McKenna of Bibb and Bagby of Paulding.
A Resolution to create a Georgia Law Enforcement Commission; to
FRIDAY, JANUARY 28, 1955
281
provide for the membership, duties, compensation and purpose of the Commission, and for other purposes.
Referred to the Committee on State of Republic.
HR 96-332e. By Mr. Murphy of Haralson:
A Resolution to compensate W. B. Hardie of Milledgeville for destruction of his property by an escaped patient of the Milledgeville State Hospital, and for other purposes.
Referred to the Committee on Public Library:
HR 97-332f. By Messrs. Floyd and Weems of Chattooga, Coker of Walker, Matthews of Clarke, Scoggin of Floyd and Hall of Floyd :
A Resolution to establish a committee to study the problem of separating veterans from other patients at the Milledgeville State Hospital; and for other purposes.
Referred to the Committee on State of Republic.
HB 333. By Messrs. Murr of Sumter, Mincy of Ware, Odom of Camden, Black of Webster, Holley of Richmond, McGarity of Henry, Chambers and Sanders of Richmond and others :
A Bill to be entitled an Act to allow employees time in which to vote; to provide the procedure connected therewith, and for other purposes.
Referred to the Committee on State of Republic.
HB 334. By Messrs. Murr of Sumter, Barber of Jackson, Mincy of Ware, Carlisle of Bibb and many others:
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 State of Republic.
By unanimous consent, the following Committee reports were submitted and read:
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 239. Do Pass. Respectfully submitted,
Cornelius of Polk,
Chairman.
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JOURNAL OF THE HOUSE,
Mr. Scoggin of Floyd County, Chairman of the Committee on General Ju-
diciary # 1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary # 1 has had under consideration the
following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 260. Do Pass. HB 181. Do Pass. HB 281. Do Pass. HB 188. Do Pass, as amended.
Respectfully submitted, Scoggin of Floyd,
Chairman.
Mr. Mashburn of Forsyth 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 307. Do Pass. HB 308. Do Pass. HB 242. Do Pass. HB 148. Do Pass.
Respectfully submitted,
Mashburn of Forsyth,
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 290. Do Pass.
HB 289. Do Pass. HB 296. Do Pass.
FRIDAY, JANUARY 28, 1955
283
HB 300. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.
Mr. Wooten of Randolph County, Chairman of the Committee on Public
Highways # 1, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways # 1 has had under consideration the
following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 305. Do Pass.
HB 223. Do Pass.
Respectfully submitted,
Wooten of Randolph,
Chairman.
Mr. Terrell of Decatur 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 recommendation:
HB 241. Do Pass.
Respectfully submitted,
Terrell of Decatur,
Chairman.
Mr. Hawkins of Screven 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 10. Do Pass. HB 262. Do Pass. HB 159. Do Pass.
Respectfully submitted, Hawkins of Screven, 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 of the Senate and House to wit:
SB 5. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend Section 92-5301 of the Code of Georgia by changing classes and amounts of Commissions allowed to tax receivers and tax collectors of State and County taxes; and for other purposes.
SB 36. By Senator Parker of the 20th:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners of Roads and Revenue for Baldwin County, so as to increase the number of Commissioners; to provide for the method of electing commissioners; and for other purposes.
HB 11. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to provide for and regulate the payment of compensation out of the county treasury of official court reporters of superior courts in counties having a certain population; and for other purposes.
HB 16. By Messrs. H. Smith, M. Smith and Lokey 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.
HB 22. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to supplement the fees of the Ordinary of Screven County; and for other purposes.
HB 24. By Mr. Cates of Burke:
A Bill to be entitled an Act creating the office of Tax Commissioner of Burke County; and for other purposes.
HB 25. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to repeal an Act relative to the salaries of officials in certain counties; to provide for the compensation of the Clerk of the Superior Court, the Sheriff, the Ordinary, and Tax Commissioner of Troup County; and for other purposes.
HB 33. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act amending, revising, superseding and consolidating the laws creating and governing the Commis-
FRIDAY, JANUARY 28, 1955
285
sioners of Roads and Revenues of Echols County; and for other purposes.
HB 34. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act entitled "An Act providing that purchases made by the County Board of Education of Echols County shall be done by public bidding; and for other purposes.
HB 85. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Civil Service Board of Fulton County"; and for other purposes.
HB 86. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a method for fire prevention systems in the unincorporated portions of Fulton County"; and for other purposes.
HB 87. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to repeal an Act entitled "An Act to require the Commissioners of Roads and Revenues of all counties in the State having a certain population to supplement the funds of the county Board of Education; and for other purposes.
HB 88. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish for providing garbage disposal system in the unincorporated portion of Fulton County; and for other purposes.
HB 89. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to require the tax receiver or tax commissioners of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Fulton County; and for other purposes.
HB 94. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to authorize the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular county employees; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit:
HB 32. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish the county court of Echols County"; and for other purposes.
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JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills of the House, favorably reported, were read the second time :
RB 10. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act pertaining to the admission to the Bar of this State without examination of persons licensed to practice law in a foreign State or the District of Columbia, and for other purposes.
HB 148. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to amend an Act relating to a salary term and the office of joint-secretary, expenses of board meetings, clerks and employees, time and place of meetings, so as to provide that expense vouchers shall in each case be itemized, approved by the Chairman of each respective board, or on expense vouchers of the Georgia State Board of Funeral Services, and for other purposes.
HB 159. By Messrs. Floyd and Weems of Chattooga, Campbell and Coker of Walker, Gross of Stephens and Love of Catoosa:
A Bill to be entitled an Act to amend an Act entitled An Act to create a new judicial circuit for the State of Georgia to be called the Lookout Judicial Circuit, and for other purposes.
HB 188. By Mr. H. Smith of Fulton:
A Bill to be entitled an Act to amend the Uniform Act regulating Traffic on Highways, so as to authorize the governing authorities of cities to adopt ordinances regulating traffic within the corporate limits of such cities; and for other purposes.
HB 223. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety for the State of Georgia, so as to provide that all drivers' licenses issued after the date of approval of this Act shall expire ten (10) years from the date the license is or was issued; and for other purposes.
HB 239. By Mr. Sanders of Richmond:
A Bill to be entitled an Act to amend an Act entitled 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.
HB 241. By Mr. Goodson of Heard:
A Bill to be entitled an Act to define an abandoned well; to define fences for the purpose of this Act; and for other purposes.
HB 242. By Mr. Peters of Meriwether: A Bill to be entitled an Act to amend an Act known as the "Uniform
FRIDAY, JANUARY 28, 1955
287
Narcotics Drug Act", so as to provide that narcotic drugs, or compounds of a narcotic drug or drugs, or any derivative thereof which have little or no addiction liability and which either pursuant to regulations promulgated by the U. S. Commissioner of Narcotics under the Federal Narcotic Laws, as amended or pursuant to regulations promulgated by the Georgia State Board of Pharmacy under this Act, may be sold or dispensed upon an oral prescription; and for other purposes.
HB 260. By Messrs. Turk of Wilcox, Groover of Bibb, Short of Colquitt, Freeman of Monroe, Goodson of Heard and Allen of Bulloch:
A Bill to be entitled an Act to amend an Act relating to the admissibility of evidence; to 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.
HB 262. By Messrs. Turk of Wilcox, Boggus of Ben Hill, Greene of Crisp and Brannen of Dooly:
A Bill to be entitled an Act to abolish the fee system existing in the Superior Courts of the Cordele Judicial Circuit as applied to the office of official court reporter in felony cases; and for other purposes.
HB 281. By Messrs. Nightingale of Glynn, Wright of Floyd, Bentley of Cobb and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act relating to discovery at law, by adding to said section a provision providing that discovery at law may be had from defendents in fi. fa. as to the property from which executions may be satisfied; and for other purposes.
HB 289. By Mr. Ramsey of Effingham:
A Bill to be entitled an Act to amend an Act incorporating the Town of Rincon in Effingham County; and for other purposes.
HB 290. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to remove the restrictive term of office for officers and employees of said city; and for other purposes.
HB 296. 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.
HB 300. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act establishing a City Court of Griffin, so as to provide a contingent expense allowance to the Judge and Solicitor of such Court, and for other purposes.
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JOURNAL OF THE HOUSE,
HB 305. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to authorize the establishment of limitedaccess highways in this State; and for other purposes.
HB 307. By Messrs. Coker of Cherokee and Mauldin of Gordon:
A Bill to be entitled an Act to amend an Act known as the "Non-Profit Medical Service Act of 1950", so as to provide that the definition of "Medical Services" shall include Doctors of Dental Surgery; to provide that the definition of "Participating Physician" shall include a licensed dental surgeon; and for other purposes.
HB 308. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend an Act which abolished the State Examining Boards included in Title 84 of the Georgia Code of 1933 and those created by certain other acts, and which created in lieu thereof new State Examining Boards and Commissions, so as to grant to the new State Examining Boards and Commissions the power to enjoin any person from engaging in or practicing in any of the businesses, professions or trades regulated by said Act without being registered or licensed by the respective Examining Boards and Commissions, 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 4. By Mr. Fowler of Douglas: A Bill to be entitled an Act to provide for the hours of holding elections in certain counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 27. By Mr. Denmark of Liberty: A Bill to be entitled an Act to create the office of Tax Commissioner of Liberty County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 28. By Mr. Denmark of Liberty: A Bill to be entitled an Act to change the compensation of the Clerk
FRIDAY, JANUARY 28, 1955
289
of the Superior Court and the Sheriff of Liberty County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 31. By Mr. Denmark of Liberty: A Bill to be entitled an Act to supplement the fees of the Ordinary of Liberty County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 53. By Mr. Deen of Bacon: A Bill to be entitled an Act to repeal an Act and to provide for the creation of a Planning Commission for the City of Alma, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 122. By Messrs. Bentley, Reed and Willingham of Cobb: A Bill to be entitled an Act to amend the code relating to additional duties of clerks of the superior court in certain counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 127. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Treasurer of Crawford County, 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 129. By Messrs. Holley, Sanders and Chambers of Richmond:
A Bill to be entitled an Act to amend the Code so as to change the per diem of jurors and bailiffs 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 131. By Messrs. Willingham, Bentley, and Reed of Cobb: A Bill to be entitled an Act to increase the compensation of the Treasurer of Cobb County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 161. By Messrs. Holley, Sanders and Chambers of Richmond:
A Bill to be entitled an Act to provide for the continued existence of the Richmond County Department of Health, and for other purposes.
The following amendment was read and adopted:
The Richmond delegation moves that House Bill 161 be amended in the following particulars:
1. Section 1, line 5 thereof be amended by striking from said Section 1 the following language "said Richmond County Department of Health shall be composed as follows" and inserting in lieu thereof the following language "said Richmond County Department of Health shall be managed and controlled by a Board of Health composed as follows".
2. That the word "new" in line 13 of Section 1 be stricken and the word "now" inserted in lieu thereof.
3. That the word "Department" in lien 49 of Section 1 be stricken and in lieu thereof the word "Board" be inserted.
FRIDAY, JANUARY 28, 1955
291
4. That line 1 of Section 3 be amended by striking the langauge "Richmond County Department of Health" and inserting in lieu thereof the "Richmond County Board of Health".
5. That line 4 of said Section 3 of said act be amended by striking the words "Richmond County Department of Health" and inserting in lieu thereof "Richmond County Board of Health."
6. That lines 6 and 7 of Section 3 of said act be amended by striking the words "Richmond County Department of Health" and inserting in lieu thereof "Richmond County Board of Health."
7. That Section 4 of said act be amended by striking the words "Richmond County Department of Health" in line 1 thereof and inserting in lieu thereof "Richmond County Board of Health".
8. That line 2 of Section 6 be amended by striking the words "Richmond County Department of Health" and inserting in lieu thereof "Richmond County Board of Health."
9. That line 14 of Section 6 of said Act be amended by striking the language "State Board of Health and who has" and inserting in lieu thereof the following language "Merit System Board of Georgia, and it is deemed desirable that he have."
10. That line 16 of Section 6 of said Act be amended by striking the language "and Public Health."
11. That Section 7, paragraph (b) lines 2 and 3 be amended by striking the language "Richmond County Department of Health" and inserting in lieu thereof "Richmond County Board of Health", and be further amended by striking the word "ending" in line 3 and inserting in lieu thereof the word "beginning", and in line 4 thereof by striking the language "31st day of December" and inserting in lieu thereof the language "1st day of January".
12. By striking the language "Richmond County Department of Health" in line 11 of Paragraph (b) and inserting in lieu thereof "Richmond County Board of Health", and wherever else there appears the language in Section 7 of said Act "Richmond County Department of Health" be amended to read "Richmond County Board of Health."
13. That Section 8 be amended by striking the language "Richmond County Department of Health" and inserting in lieu thereof the language "Richmond County Board of Health".
14. That Section 9 be amended by striking the language "Richmond County Department of Health" and inserting in lieu thereof "Richmond County Board of Health.
15. By striking from Section 10 thereof the language "Richmond County Department of Health" and inserting in lieu thereof wherever the same may appear "Richmond County Board of Health."
16. That Section 16 of said Act be amended by striking the language "Richmond County Department of Health" and inserting in lieu thereof "Richmond County Board of Health."
17. That line 7 of Section 1 be amended by inserting the following language after the word Georgia, to wit "or some member of the Board
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JOURNAL OF THE HOUSE,
of Commissioners of Roads and Revenues of Richmond County appointed by the Chairman of said Board of Commissioners of Roads and Revenues of Richmond County, Georgia."
18. By amending line 7 of Section 1, by inserting the following language after the word Augusta, to wit " or some member of the City Council of Augusta appointed by the Mayor of the City Council of Augusta."
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 162. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to prohibit the solicitation of votes on election day 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.
HB 190. By Messrs. Underwood and Upshaw of Bartow: A Bill to be entitled an Act to compensate the Ordinary of Bartow County on a salary basis 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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 191. By Messrs. M. Smith, H. Smith and Lokey of Fulton: A Bill to be entitled an Act to amend an Act so as to increase the compensation of the County Attor)ley of Fulton County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority was passed.
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293
HB 193. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide for a Deputy 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 208. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating a pension system for employees of the City of Decatur, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 209. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating a pension system for employees of the City of Decatur, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 211. By Mr. Strickland of Toombs:
A Bill to be entitled an Act to amend an Act so as to change the compensation of certain officers 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 119, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 212. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend the Code so as to change the
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method of compensating 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 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 216. By Mr. Coxwell of Lee:
A Bill to be entitled an Act to authorize the closing of a certain street in the Town of Leesburg, and for other purposes.
The report 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 217. By Messrs. Mincy and Frier of Ware: A Bill to be entitled an Act to amend an Act so as to provide that taxes shall become a lien upon all taxable property in 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 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 218. By Mr. Land of Wilkinson:
A Bill to be entitled an Act to amend an Act so as to provide for the licensing of automobiles by the City of Gordon, and for other purposes.
The report 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 224. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to supplement the compensation of the tax receivers of certain counties, and for other purposes.
FRIDAY, JANUARY 28, 1955
295
The report 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 225. By Messrs. Nightingale and Killian of Glynn:
A Bill to be entitled an Act to amend an Act so as to increase the compensation of certain officers 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 125, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 226. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend an Act so as to enlarge the corporate limits of the Town of Cadwell, and for other purposes.
The report 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 227. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend an Act by providing for the use of water revenues to retire 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 127, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 228. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to amend an Act so as to authorize the improving of certain streets in the City of Riverdale, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
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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 229. By Messrs. Mallory and Caldwell of Upson:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Mayor and Councilmen of the City of Thomaston, and for other purposes.
The report 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 230. By Messrs. Bodenhamer and Fowler of Tift:
A Bill to be entitled an Act to amend an Act so as to change the terms of office of the Commissioners of the City of Tifton, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 233. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to repeal an Act and to create a three member Board of Commissioners of Roads and Revenues for 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 235. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Judge 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.
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297
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 243. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act so as to provide for the acquisition of land by the 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 244. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act so as to provide for the levying of a tax by the City of Warrenton to be used for the upkeep of cemeteries, and for other purposes.
The report 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 245. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act creating the City Court of Columbus, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 246. By Messrs. Pickard, Young and Nilan of Muscogee: A Bill to be entitled an Act to authorize Muscogee County to provide streets within unincorporated areas, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 247. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act by increasing the number of Commissioners required for a quorum in the transaction of business by the 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 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 248. By Messrs. Pickard, Young and Nilan of Muscogee: A Bill to be entitled an Act authorizing the City of Columbus to sell certain property, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 249. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act by allowing an employee under certain conditions to withdraw amounts from the pension fund 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 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 250. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act so as to change the compensation 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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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299
HB 265. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend an Act relating to the Clerk of the Board of Tax Appraisers of the City of Valdosta, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 123, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 251. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act so as to provide for the qualification of voters in the City of Swainsboro, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 252. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act providing a pension system for retired employees 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 253. By Messrs. Bentley, Reed and Willingham of Cobb:
A Bill to be entitled an Act to provide for the establishment of sewage districts in 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 254. By Messrs. Bentley, Willingham and Reed of Cobb:
A Bill to be entitled an Act to provide for the establishment of fire prevention districts in 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 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 255. By Messrs. Campbell and Coker of Walker:
A Bill to be entitled an Act to amend an Act so as to provide for permanent registration of voters in the City of LaFayette, and for other purposes.
The report 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 256. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act so as to provide that the Judge of the City Court of Elberton shall be elected for a term of four 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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 258. By Mr. Ray of Warren: A Bill to be entitled an Act to repeal an Act relating to the Marshal of the Town 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 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 263. 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.
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301
The report 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 264. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Bill to be entitled an Act to amend an Act relating to the Industrial and Domestic Water Supply Commission 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 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 266. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend an Act so as to alter the corporate limits of the City of Valdosta, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 273. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Tax Commissioner 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 125, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 14. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing pensions for policemen in certain cities, and for other purposes.
The following Committee amendment was read and adopted:
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The Committee on Municipal Government moves to amend SB 14 by adding a new section immediately preceding the repealing section to be appropriately numbered and the repealing section to be renumbered.
SECTION ------- That Section 10 of the amendment to said Act, approved March 8, 1945 (Ga. Laws 1945, pp. 1067, 1074) be amended by adding at the end thereof the following:
"If such member should die before being awarded a pension, and should leave no beneficiary entitled to a pension as such under this Act, the refund shall be paid to his estate.",
so that said section shall read as follows:
"Section 4. That any member participating in the provisions of this Act who leaves the employ of said City before being eligible for retirement shall have refunded to him an amount equal to the amount paid into the said fund less one-half of one per centum per year to cover each year that the member had paid into the fund and received protection under this Act. To illustrate, if at the end of the first year, the member has paid into said fund $10.00 and leaves the services of the City or withdraws from the pension fund, he shall be entitled to a refund of said $10.00 less one-half of one per centum or if at the end of twenty-four years, he has paid into said fund $240.00, he would be entitled to a refund of $240.00 less twelve per centum. If such member should die before being awarded a pension, and should leave no beneficiary entitled to a pension as such under this Act, the refund shall be paid to his estate."
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
SB 11. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing pensions for policemen in certain cities, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Municipal Government moves to amend SB 11 in the following particulars:
SECTION 1. By striking the phrase "according to the preceding census of the United States" where it occurs both in the caption and the enacting clause, and by substituting in lieu thereof the following phrase in both places: "according to the last census of the United States or any subsequent census thereof."
SECTION 2. By striking Section 3 of said bill in its entirety and by adding the following sections:
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303
SECTION 3. All regular officers or employees of the city, eligible for participation in this Act, as amended, who shall be elected or employed after the effective date of this Act, shall be required to come under the provisions of this Act, as now amended, and shall have all the rights and duties provided in the amended Act. Temporary employees shall not be required to participate in this Act, as amended.
SECTION 4. 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, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
SB 13. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Code providing for ballots in elections other than primary elections, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 15. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing pensions to firemen in certain cities, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Municipal Government moves to amend SB 15 by adding a new section immediately preceding the repealing section to be appropriately numbered and the repealing section to be renumbered.
SECTION ________ . That Section 5 of the amendment to said Act, approved March 9, 1945 (Ga. Laws 1945, pp. 1080, 1084) be amended by adding at the end thereof the following:
"If such member should die before being awarded a pension, and should leave no beneficiary entitled to a pension as such under this Act, the refund shall be paid to his estate.",
so that said section shall read as follows:
"That any member participating in the provisions of this Act who leaves the employ of said City before being eligible for retirement shall have refunded to him an amount equal to the amount paid into the said fund less one-half of one percentum per year to
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cover each year that the member had paid into the fund and received protection under this Act. To illustrate, if at the end of the first year, the member has paid into said fund $10.00 and leaves the services of the City or withdraws from the pension fund, he shall be entitled to a refund of said $10.00 less one-half of one percentum or if at the end of twenty-four years, he has paid into said fund $240.00, he would be entitled to a refund of $240.00 less twelve percentum. If such member should die before being awarded a pension, and should leave no beneficiary entitled to a pension as such under this Act, the refund shall be paid to his estate."
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
SB 16. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the House reconsidered its action in failing to pass the following Bill of the House:
HB 180. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to create the Georgia Board of Landscape Architects, 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:
HB 282. By Messrs. Terrell of Decatur, Perkins of Carroll and Cloud of Decatur: A Bill to be entitled an Act to create the Georgia Commission for the Visually Handicapped, and for other purposes.
The following Resolutions of the House were read and adopted:
HR 98. By Messrs. Clary of McDuffie, Boggus of Ben Hill and others: A RESOLUTION
To commend the publisher of the Macon Telegraph for services to the General Assembly, and for other purposes.
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305
WHEREAS, the management of the Macon Telegraph has honored the General Assembly of Georgia by daily having a copy of the Macon Telegraph placed upon the desk of each member of the General Assembly of Georgia ; and
WHEREAS, the Macon Telegraph renders a great service in keeping the members of the General Assembly informed of current local, national, and international events; and
WHEREAS, The Macon Telegraph has performed this service for two years without charge; and
WHEREAS, the members of the General Assembly wish to express their appreciation for the service rendered by the publishers of the Macon Telegraph;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Macon Telegraph be commended for its gratuitous accommodation to the General Assembly of Georgia.
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Editor and Publisher of the Macon Telegraph.
HR. 99. By Mr. Groover of Bibb:
A RESOLUTION
WHEREAS, on the 27th day of January the Honorable Campbell W. Willingham, brother of the distinguished Speaker Pro tern of this House was seriously injured in an accident, and;
WHEREAS Mr. Willingham is now in a serious condition;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that it extend to the Honorable Campbell W. Willingham its best wishes for a speedy recovery, and;
BE IT FURTHER RESOLVED that a copy of this resolution be certified by the Clerk of the House and transmitted to the said Honorable Campbell W. Willingham.
Mr. Groover of Bibb moved that the House do now adjourn until 10:00 o'clock Monday morning, and the motion prevailed.
Mr. Murphy of Haralson was granted a leave of absence for Monday, January 31, 1955.
The Speaker announced the House adjourned until 10:00 o'clock Monday morning.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Monday, January 31, 1955.
The House met pursuant to adjournment this day at 10:00 o'clock, A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Sanders of Richmond gave notice that at the proper time he would move that the House reconsider its action in passing HB 161.
Mr. Boggus of Ben Hill, Chairman of the Committee on Journals, reported that the Journal of last Friday's session had been read and found to be correct.
By unanimous consent, the regular reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House.
2. First reading and reference of Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local bills and general bills with local application.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker in his discretion may call up any bill on the General Calendar in any order he deems advisable.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:
HB 43. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to amend an Act creating the City Court of Camilla; and for other purposes.
HB 75. By Mr. Dozier of Miller: A Bill to be entitled an Act to provide for the use of voting machines,
MONDAY, JANUARY 31, 1955
307
for casting, registering and recording and computing ballots of votes in all elections including primaries and municipal elections in the County of Miller; and for other purposes.
HB 77. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to enable the City of Gainesville and Hall County to establish a joint Planning Commission; and for other purposes.
HB 78. By Messrs. Holley, Sanders and Chambers of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta; relating to "Augusta Officers and Employees-Tenures"; and for other purposes.
HB 79. By Messrs. Holley, Sanders and Chambers 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.
HB 80. By Messrs. Holley, Sanders and Chambers of Richmond:
A Bill to be enttiled an Act to amend the Charter of the City of Augusta, so as to repeal an Act entitled "An Act to authorize the City Council of Augusta to create a Board of Health for said City"; and for other purposes.
HB 81. By Mr. Dozier of Miller:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of the County of Miller; and for other purposes.
HB 82. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act entitled "An Act to authorize counties having a population of more than 80,000 by the U. S. Census of 1940 or by any future census, to levy taxes for the purposes defined therein; and for other purposes.
HB 163. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act creating a new charter for Town of Mount Vernon, Montgomery County; and for other purposes.
SB 59. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.
The Senate has adopted the following Resolution of the House, to wit:
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JOURNAL OF THE HOUSE,
HR 79. By Mr. M. Smith of Fulton:
A Resolution commending the Honorable Robert Tyre Jones, Jr.; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 50. By Mr. Ayers of Madison:
A Bill to provide a new charter for and to incorporate the City of Carlton in Madison County; to prescribe the procedure corrected therewith; and for other purposes.
HB 90. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to amend an act entitled "An Act to establish a method for providing parks and recreational systems in the unincorporated portion of Fulton County"; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House to wit:
HB 84. By Messrs. Mallory and Caldwell of Upson:
A Bill to be entitled an Act to amend an Act incorporating the Village of East Thomaston, in Upson, by reducing the corporate limits of said Village; and for other purposes.
HB 97. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Bill to be entitled an Act to amend an Act entitled "An Act relating to and incorporating the Mayor and Aldermen of the City of Savannah; and for other purposes.
HB 102. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Chatham County; and for other purposes.
HB 123. By Messrs. Jones and Murr of Sumter:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act establishing a new charter for the City of Americus; by establishing and incorporating a Utility Commission for said City"; and for other purposes.
HB 132. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna; and for other purposes.
HB 133. By Messrs. Willingham, Reed and Bentley of Cobb: A Bill to be entitled an Act to amend an Act creating a new charter
MONDAY, JANUARY 31, 1955
309
for the City of Smyrna, so as to grant said city the power of eminent to the City of Austell; and for other purposes.
HB 134. By Messrs. Willingham, Reed and Bentley 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 grant said city the power of eminent domain; and for other purposes.
HB 157. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act .to amend an Act establishing the City Court of Valdosta; and for other purposes.
The Senate has adopted the following Resolutions of the Senate to wit:
SR 24. By Senator Overby of the 33rd:
A Resolution commending the citizens of Georgia for their cooperation in traffic safety campaigns; and for other purposes.
SR 25. By Senator Ursrey of the 54th:
A Resolution to request cooperation in obtaining the assistance of the Tobacco Stabilization Corporation in the removal of inferior quality tobacco from the tobacco auction sales so as to increase the income of tobacco producers.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees :
HB 335. By Messrs. Willingham of Cobb, Stripling of Coweta, Coker of Cherokee, Goodson of Heard, Allen of Bulloch, Bagby of Paulding and others:
A Bill to be entitled an Act to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 336. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled An Act to authorize the governing authority of the several municipalitiea of this State to enact zoning and planning ordinances and regulations, and for other purposes.
Referred to the Committee on Municipal Government.
HB 337. By Messrs. Baughman of Early, Groover of Bibb and Pickard of Muscogee:
A Bill to be entitled an Act to create the Georgia Waterways Commission, and for other purposes.
Referred to the Committee on Conservation.
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HB 338. By Mr. Hoke Smith of Fulton:
A Bill to be entitled an Act to amend an Act, making proviSions for the coverage of certain officers and employees of political subdivisions of the State under the Old Age and Survivors Insurance Provisions of the Federal Social Security Act, and for other purposes. Referred to the Committee on Pensions.
HB 339. By Mr. Kelley of Gwinnett:
A Bill to be entitled an Act to amend an Act to create a Board of County Commissioners for Gwinnett County, by providing for the marking of all county vehicles, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 340. By Mr. Hodges of Butts:
A Bill to be entitled an Act to create a new charter for the Town of Jenkinsburg, and for other purposes.
Referred to the Committee on Municipal Government.
HB 341. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to incorporate the community in Gwinnett County, Georgia, known as Lilburn, under the name of the City of Lilburn, and for other purposes.
Referred to the Committee on Municipal Government.
HB 342. By Mr. Kelley of Gwinnett:
A Bill to be entitled an Act to amend an Act to create a Board of County Commissioners for Gwinnett County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 343. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
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, the Sheriff, the Ordinary, the Tax Collector and the Tax Receiver, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 344. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees, and for other purposes.
Referred to the Committee on Counties and County Matters.
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311
HB 345. By Messrs. Kilgore and Kelley of Gwinnett:
A Bill to be entitled an Act to amend the Act of the General Assembly creating a new Charter for the City of Lawrenceville, and for other purposes.
Referred to the Committee on Municipal Government.
HB 346. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled An Act to consolidate the office of Tax Receiver and Tax Collector of Fulton County into the Office of Tax Commissioner; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 347. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to amend the Act of the General Assembly creating a new Charter for the City of Lawrenceville, and for other purposes.
Referred to the Committee on Municipal Government.
HB 348. 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 provide that the Mayor and Board of Aldermen shall provide by ordinance for the assessment and collection of an annual ad valorem tax at the millage rate recommended by the Board of Education, and for other purposes.
Referred to the Committee on Municipal Government.
HB 349. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Morrow in the County of Clayton and grant a charter to that municipality under that name and style, and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 100-349a. By Messrs. Kilgore and Kelley of Gwinnett:
A Resolution to compensate Mr. George H. Verner, Mr. Arthur E. Verner and Miss Anne E. Verner for total destruction of a four room frame dwelling house and a tract of timber resulting from the crash of four jet aircraft of the !28th fighter bomber squadron of the Georgia Air National Guard, and for other purposes.
Referred to the Committee on Special Appropriations.
HB 350. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend an Act creating the State Office Building Authority, relating to property owned by the State of Georgia
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and known as the Confederate Soldiers' Home property, and for other purposes.
Referred to the Committeee on State of Republic.
By unanimous consent, the following reports of Standing Committees were submitted and read:
Mr. Short of Colquitt 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 332. Do Pass. HB 288. Do Pass. HB 267. Do Pass. HB 301. Do Pass. HB 330. Do Pass. HB 297. Do Pass. HB 318. Do Pass. HB 292. Do Pass. HB 291. Do Pass. HB 257. Do Pass. HB 215. Do Pass. HB 287. Do Pass.
Respectfully submitted, Short of Colquitt, 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 320. Do Pass.
HB 293. Do Pass.
HB 317. Do Pass.
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313
HB 329. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.
Mr. Callier of Talbot County, Chairman of the Committee on Public Property, submitted the following report:
Mr. Speaker:
Your Committee on Public Property has had under consideration the following Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 86-297f. Do Pass.
SR 5. Do Pass.
Respectfully submitted,
Callier of Talbot,
Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate, favorably reported, were read the second time:
HB 215. By Mr. Coxwell of Lee:
A Bill to be entitled an Act to amend an Act entitled An Act to provide as compensation for the treasurer of Lee County a salary of $700.00 per year, instead of the commissions heretofore allowed, and for other purposes.
HB 257. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Washington County; and for other purposes.
HB 267. By Mr. Brown of Telfair:
A Bill to be entitled an Act to amend an Act changing and fixing the salary of the Clerk of the Commissioner of Roads and Revenues of Telfair County, and for other purposes.
HB 287. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to provide that the tax collector in all counties of this state having a population of not more than 9,950 and not less than 9,800, shall be paid from ad valorem school tax collected for the county board of education a commission of three and one-half percent of the net amount collected by him; and for other purposes.
HB 288. By Mr. Turk of Wilcox:
A Bill to be entitled an Act to amend an Act to provide for the change
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in the salary of the Commissioners of Roads and Revenues of Wilcox County, and for other purposes.
HB 291. 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.
HB 292. By Messrs. Hall, Wright and Scoggin of Floyd:
A Bill to be entitled an Act to repeal the Act approved February 12, 1952 (Ga. Laws 1952, Pages 2360-2364) authorizing the Board of Commissioners of Roads and Revenue to pass zoning rules and regulations, and for other purposes.
HB 293. By Mr. Birdsong of Troup:
A Bill to be entitled an Act to amend an Act entitled An Act to establish the City Court of LaGrange, and for other purposes.
HB 297. By Messrs. Sanders, Holley and Chambers of Richmond:
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 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 301. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to repeal an Act entitled An Act to establish the salary system of compensation for certain county officers and employees of Wayne County in lieu of fees and other compensations, and for other purposes.
HB 317. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A Bill to be entitled an Act to amend an Act entitled An Act to amend the Charter of the Mayor and Aldermen of the City of Savannah, relating to the Savannah Airport Commission, and for other purposes.
HB 318. By Messrs. Chambers, Sanders and Holley of Richmond:
A Bill to be entitled an Act to amend an Act entitled An Act to abolish Justice Courts and the Office of Justice of the Peace in the City of Augusta, and for other purposes.
HB 320. By Messrs. Cheatham, Eyler and Sognier 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.
HB 329. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment
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315
to Paragraph 1, of Section 7, of Article 6 of the Constitution of the State of Georgia, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace, and for other purposes.
HB 330. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to provide that the County Physician or Coroners Physician hereinafter employed by the Board of Commissioners of Roads and Revenues of Richmond County, shall not be affected by, nor entitled to any of the benefits of any tenure act now in effect or hereinafter enacted affecting employees in said Richmond County; and for other purposes.
HB 332. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to provide for a contingent expense allowance for the chairman and members of the Board of Commissioners of Roads and Revenues of Spalding County, and for other purposes.
HR 86-297f. By Mr. Harrison of Jeff Davis:
A Resolution to authorize the Governor, acting on behalf of the State to convey to the City of Hazelhurst an unused part of a tract of land conveyed to the Commissioner of Agriculture for use as a Farmers Market; and for other purposes.
SR 5. By Senator Dean of the 40th:
A Resolution to designate that area acquired pursuant to a resolution approved February 1, 1953 (Ga. Laws 1953) as "Chatuge Lake-Mountain Park, and for other purposes.
By unanimous consent, the following Bills of the House and Senate, were read the third time and placed upon their passage:
HB 159. By Messrs. Floyd and Weems of Chattooga, Love of Catoosa, and others: A Bill to be entitled an Act to amend an Act to create a new Judicial Circuit to be called the Lookout Judicial Circuit, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 262. By Messrs. Turk of Wilcox, Boggus of Ben Hill, Greene of Crisp, and others:
A Bill to be entitled an Act to abolish the fee system existing in the
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Superior Courts of the Cordele Judicial Circuit as applied to the office of official court reporter in felony 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 104, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 289. By Mr. Ramsey of Effingham:
A Bill to be entitled an Act to amend an Act incorporating the Town of Rincon, and for other purposes.
The report 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 290. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 296. 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.
The report 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 300. By Messrs. Bolton and Lindsey of Spalding: A Bill to be entitled an Act to amend an Act establishing the City Court of Griffin, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
MONDAY, JANUARY 31, 1955
317
On the passage of the bill, the ayes were 108, nays 0.
The bill having received the requisite constitutional majority, was passed.
SB 28. By Senator Page of the 1st:
A Bill to be entitled an Act to amend the Charter of the Mayor and Aldermen of the City of Savannah, and for other purposes.
The following Committee substitute to SB 28 was read and adopted:
A BILL
A Bill to be entitled an Act to amend charter of the Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereof and supplementary thereto: Incorporating the Mayor and Aldermen of the City of Savannah relating to the Savannah Civil Service System incorporated in the Georgia Laws of 1949, pages 548564 by changing the qualifications of the City of Savannah Civil Service Board; the terms of appointment of same; changing the notice of advertising for examinations; reducing the time of residential requirement; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authoz:ity of same, that the Act creating the Savannah Civil Service System approved February 14th, 1949, and incorporated in the Georgia Laws of 1949, pages 548-564 be and the same is hereby amended as follows:
SECTION 1. Sub-paragraph one (1) of Section 3 of said Act be and the same is hereby amended by striking said sub-paragraph one (1) in its entirety and by substituting a new sub-paragraph in lieu thereof, which new sub-paragraph shall read as follows:
SECTION 3. APPOINTMENT, REMOVAL, COMPENSATION AND DUTIES OF THE CIVIL SERVICE BOARD. (1) There is hereby created and established the City of Savannah Civil Service Board which shall consist of three members of known sympathy to the merit system. One member shall be from the labor group. Another member shall be from the business group. The third member shall be from the professional group. No person shall be appointed to the Board who is not a citizen of the United States and a resident of Savannah for at least five years preceding such appointment. All of said members shall be appointed to the Board by the Mayor subject to the approval of the Board of Aldermen. It shall be and is hereby made the duty of the Mayor and Aldermen of the City of Savannah to appropriate annually a sufficient sum of money to enable the Civil Service Board of the City of Savannah to properly carry out the purposes of this Act. One of the three members so appointed shall be designated by the Mayor at the time of appointment to hold office for a term of two years, one of said members shall be designated to hold officee for a term of four years, and one shall be designated to hold office for a term of six years. Thereafter all appointments shall be for a term of six years and the members shall serve until their successors have been appointed and qualified. The members shall annually elect one of their number as Chairman of
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the Board. Two members shall constitute a quorum for the conduct of business. Vacancies in the office of said Board created by death, resignation, or otherwise, shall be filled by appointment of the Mayor of the City of Savannah for the unexpired term subject to approval by the Board of Aldermen. No member shall hold any lucrative office or employment under the United States Government, the City of Savannah or any county government. There is excepted, however, the office of notary public, or an office in the military forces."
SECTION 2. Sub-paragraph three (3) of Section 3 is hereby amended by striking from lines 3 and 4 of said subparagraph the word "twenty-four" and inserting in lieu thereof the word "twenty-five" so when amended said subparagraph shall read as follows:
"(3) The members of the Board shall be paid at the rate of ten dollars per diem for time actually devoted to the business of the Board, but no member shall be paid for more than twenty-five days of service in any one year."
SECTION 3. Sub-paragraph (1) of Section 4 is hereby amended by striking said subparagraph one (1) in its entirety and inserting in lieu thereof a new subparagraph to read as follows:
"(1) The City Manager shall appoint a Personnel Director. Such Director shall be a person competent, trained and experienced in the field of personnel administration and thoroughly in sympathy with the application of the merit system."
SECTION 4. Sub-paragraph three (3) of Section 4 is hereby amended by striking said subparagraph (3) in its entirety and substituting in lieu thereof a new subparagraph (3) to read as follows:
"(3) The Director shall hold office during his good behavior but shall be subject to appointment and removal by the City Manager.''
SECTION 5. Sub-paragraph (f) of paragraph (5) of Section (4) is hereby amended by striking said subparagraph (f) in its entirety and substituting in lieu thereof a new subparagraph to read as follows:
"(f) To maintain, subject to the approval of the City Manager, a classification plan based on the duties, authority, and responsibility of positions.''
SECTION 6. Sub-paragraph (g) of paragraph (5) of Section 4 is hereby amended by striking said sub-paragraph (g) in its entirety and substituting in lieu thereof a new sub-paragraph (g) to read as follows:
"(g) To make such investigations pertaining to personnel, salary scales, and employment conditions in the city as he may deem necessary and as may be requested by the Board or the City Manager.''
SECTION 7. Sub-paragraph (i) of paragraph (5) of Section 4 is hereby amended by striking said sub-paragraph (i) in its entirety and substituting in lieu thereof a new sub-paragraph (i) to read as follows:
"(i) To make an annual report to the Board and to the City Manager.''
MONDAY, JANUARY 31, 1955
319
SECTION 8. Immediately following Section 4 of said Act a new Section known as Section 4A is hereby added. Said Section to read as follows:
"Section 4A. CLASSIFICATION.
(a) The personnel Director shall prepare and maintain an up-todate record of the duties and responsibilities of each position in the classified service. The classification plan, when approved by the City Manager, shall be submitted by the City Manager to the Mayor and Aldermen and such plan shall take effect when adopted by the Mayor and Aldermen.
(b) After the adoption of the classification plan, the Personnel Director shall, with the approval of the City Manager, allocate each position in the classified service to the appropriate class therein on the basis of its duties and responsibilities. Thereafter, as new positions are created or existing classes are divided, combined, altered or abolished, the Director shall, with the approval of the City Manager, make such allocations of positions as are necessitated thereby.
(c) Following the adoption of the classification plan and the allocation to classes therein of positions, the class titles set forth therein shall be used to designate such positions in all official records, documents, vouchers, payrolls, and communications, and no person shall be appointed to or employed in a position in the classified service under any class title which has not been approved by the Director as appropriate to the duties to be performed.
SECTION 9. Section 8 of said act is hereby amended by adding the following words "qualified by the civil service rules" after the word person in line 22 of said section; so that said section when amended shall read as follows:
"SECTION 10. CERTIFICATION AND APPOINTMENT. Whenever a vacancy is to be filled by regular appointment, the appointing authority shall submit to the Director a statement of the duties of the position and a request that the Director certify to him the names of persons eligible for appointment to the position. The Director shall immediately certify to the appointing authority the names of the three persons standing highest on the register of such a class in which the position is established and if more than one vacancy is to be filled, the name of one additional person eligible for each additional vacancy, or all the names on the register if there be less than three. If it should prove impossible to locate any of the persons so certified or should it become known to the Director that any person is not willing to accept the position, the appointing authority may request that additional names be certified until three persons eligible and available for appointment have been certified, if there be as many as three on the register. The appointing authority shall then appoint one of the persons so certified to the position, except that, in the event that he has less than three persons from which to make his selection, he may choose from the remaining certified names or may elect to make a temporary appointment of some other person qualified by the civil service rules. In the event that there does not exist any
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eligible register which the Director deems to be appropriate for the class in which the position is established, he shall proceed to prepare such an eligible register as soon as possible, after the receipt of the request of the appointing authority that eligibles be certified. Whenever an eligible has been certified to, and rejected by, appointing authorities three times, the Director after investigation may with the approval of the Board remove the name of such person from the eligible register. All regular appointments to the classified service covered by this Act shall be for a probationary period of six months, but the Director and the appointing authority may extend such probationary period to one year. If during this probationary period the conduct or capacity of the probationer has not been satisfactory to the appointing authority, the probationer and the Director shall be notified in writing that he will not receive permanent appointment, otherwise retention in the service longer than for the probationary period of any employee shall constitute permanent appointment."
SECTION 11. Section 10 of said act is hereby amended by striking the words "City of Savannah" from line 10 of said Section and inserting in lieu thereof the words "Chatham County" and by striking the words "once a week for two weeks" from lines 16 and 17 of said section and inserting in lieu thereof the words "twice for one week" so that said section when amended shall read as follows:
"Section 10. EXAMINATIONS. Each eligible register shall consist of a list of all the persons who have shown by competitive examinations that they possess the qualifications which entitle them to be considered eligible for appointment to any position in the class for which the eligible register is to be prepared. The examinations must take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, and other pertinent matters and may be oral or written. Such examinations shall be competitive, free and open to all persons, citizens of Chatham County, who may be lawfully appointed to any position in the class for which they are held, with such limitations as to age, health, habits, character and other qualifications as may be considered desirable by the Director and specified in the public announcement of the examination. Notice of the time, place and general scope of every test, shall be given by the Board by advertising twice for one week preceding the examination in a newspaper of general circulation published in the City of Savannah. Competitive examinations to determine the qualifications of persons who seek employment as ordinary unskilled laborers shall not be required. The Board shall designate a class to be known as the "labor class" which shall include all ordinary unskilled laborers. All other matters pertaining to ordinary unskilled laborers shall be governed by this Act."
SECTION 12. Section 21 of said Act is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Section which new Section shall read as follows:
"Section 21. RESIDENCE. Positions in the classified service shall be filled by citizens of Chatham County, who have been residents of Chatham County for at least six months immediately preceding the date of examination. In the discretion of the Board, residence
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321
requirements may be waived only for technical and professional positions for which qualified applicants who are residents of Chatham County cannot be obtained, or the work to be done requires residence outside of the limits of Chatham County. Removal of residence outside of the County limits may be grounds for removal unless permission to remove is granted by the Board and approved by the Aldermen."
SECTION 13. GENERAL REPEAL. All laws and parts of laws in conflict with this Act are hereby repealed.
SECTION 14. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation a copy of which is attached to said affidavit.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 109, nays 0.
The bill having received the requisite constitutional majority, was passed, by substitute.
SB 30. By Senator Page of the 1st:
A Bill to be entitled an Act to amend the Charter of the Mayor and Councilmen of the Town of Garden City, and for other purposes.
The report 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 45. By Senator Page of the 1st:
A Bill to be entitled an Act to amend the Charter of the Mayor and Aldermen of the City of Savannah, and for other purposes.
The report 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 48. By Senator Page of the 1st:
A Bill to be entitled an Act to amend the several Acts relating to and incorporating the Town of Garden City, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
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On the passage of the bill, the ayes were 112, nays 0.
The bill having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 59. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
Referred to the Committee on Municipal Government.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Judiciary, read the second time, and recommitted: HB 279. By Mr. Smith of Fulton:
A Bill to be entitled an Act to amend the Code so as to provide that no person under the age of 21 years shall suffer the penalty of death for any crime, and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from
the Committee on Public Highways # 2, and recommitted to the Committee on
State of the Republic:
HB 238. By Messrs. Nightingale of Glynn, Hardaway and Peters of Meriwether:
A Bill to be entitled an Act to amend an Act referred to as the Uniform Act regulating Traffic on the Highways, and for other purposes.
By unanimous consent, the following Resolution was withdrawn from the Committee on State of the Republic, read the second time, and recommitted:
SR 19. By Senator Overby of the 33rd:
A Resolution to authorize a "State Programs Study Committee", and for other purposes.
Mr. Sanders of Richmond moved that the House reconsider its action in passing the following Bill:
HB 161. By Messrs. Sanders, Chambers and Holley of Richmond:
A Bill to be entitled an Act to provide for the continued existence of the Richmond County Department of Health, and for other purposes.
The motion prevailed, and the action of the House in passing HB 161 was reconsidered.
The following Bills of the House were taken up for the purpose of considering Senate amendments thereto:
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323
HB 32. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act to abolish the County Court of Echols County, and for other purposes.
The following Senate amendment to HB 32 was read:
By the Senate-
Senator J. L. Wetherington of the 6th District moves to amend HB 32 by inserting in the last line of the title immediately preceding the phrase, "to repeal conflicting laws", the following words:
"to provide for the appointment of a prosecuting attorney or solicitor pro tern;"
And by adding to the first sentence of Section 10 the following proviso:
"provided, that no county official shall be appointed to act as prosecuting attorney or solicitor pro tern in any case.",
so that, as amended, Section 10 of HB 32 shall read:
"Section 10. The judge of said county court may, in his discretion, appoint any member of the bar of the State of Georgia to act as prosecuting attorney or solicitor pro tern in any criminal case, provided, that no county official shall be appointed to act as prosecuting attorney or solicitor pro tern in any case. Said solicitor pro tern, when so appointed, shall be entitled to the same compensation for services so rendered as provided by law for solicitor generals, which compensation shall be paid from general funds of the county."
Mr. Raulerson of Echols moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 132, nays 0.
The Senate amendment to HB 32 was agreed to.
HB 50. By Mr. Ayers of Madison:
A Bill to be entitled an Act to provide a new Charter for and to incorporate the City of Carlton in Madison County, and for other purposes.
The following Senate amendment to HB 50 was read:
By the Senate-
Senator Seagraves of the 30th moves to amend HB 50 in the following respect:
Section 37. By adding at the end of said Section the following:
Provided that this section shall not apply to any existing public utility. Section 79. By striking in lines 3 and 4 of said Section the words
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"electric light purposes" and by striking in line 8 the words "electric light plant".
Section 80. By striking in line 3 of said Section the words "Electric light plant".
Section 110. By striking in line 4 of said Section the words "electric light" and by striking in line 6 the words "electric light and power plant", and in line 6 by further striking the words "electric light system".
Mr. Ayers of Madison moved that the House agree to the Senate amendment to HB 50.
On the motion to agree to the Senate amendment, the ayes were 103, nays 0.
The Senate amendment to HB 50 was agreed to.
HB 90. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act to establish a method for providing parks and recreational systems in the unincorporated portions of Fulton County, and for other purposes.
The following Senate amendment to HB 90 was read:
By the Senate-
Senator Millican of the 52nd amends Section 1, line 6 by adding the words "on and after the approval of this Act" after the word "County"
Amend Section 1, Page 2, line 2 by adding the words "on and after the approval of this Act" after the word "County" and further amend Section 1, Page 2, line 2, by adding the words "Community House", after the words "of any".
Mr. Lokey of Fulton moved that the House agree to the Senate amendment to HB 90.
On the motion to agree to the Senate amendment, the ayes were 103, nays 0.
The Senate amendment to HB 90 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 307. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend an Act known as the Non-Profit Medical Service Act of 1950, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
MONDAY, JANUARY 31, 1955
325
On the passage of the bill, the ayes were 122, nays 3.
The Bill having received the requisite constitutional majority, was passed.
HB 308. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend an Act which abolished the State Examining Boards, and for other purposes.
By unanimous consent, further consideration of HB 308 was postponed until tomorrow morning, immediately after the expiration of the period of unanimous consideration.
HB 71. By Messrs. Veal of Putnam, Key of Jasper, and Smith of Emanuel:
A Bill to be entitled an Act to repeal certain sections of the Code relating to the description of fences and enclosures, and for other purposes.
The report 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 4.
The Bill having received the requisite constitutional majority, was passed.
HB 181. By Messrs. Groover of Bibb, Willingham of Cobb, Scoggin of Floyd, 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 report 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.
The Bill was ordered transmitted immediately to the Senate.
The following Report was submitted and read:
REPORT OF COMMITTEE APPOINTED PURSUANT TO HR 34 to investigate the matter of a fund raised by the Georgia Fireman's Association, Inc., in connection with a proposed Firemen's Pension Bill.
Mr. Speaker:
Your Committee met promptly after its appointment and formulated rules to govern its investigation and any public hearings held in connection therewith. These rules have been published and distributed. In essence they provided that all testimony would be received under oath and at public hearings.
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Since time was short and all members of the Committee had legislative business to attend to while the General Assembly was in session, and it was deemed desirable to fully explore all leads, the services of an investigator were utilized to assemble and correlate the information and material available to the committee.
Your Committee held two public hearings, at which numerous witnesses were heard. In addition, the minutes of meetings, written records and financial records of the firemen's association were examined.
Your committee did not find any evidence of lobbying, or of any improper approach to any member of the legislature by any member of the firemen's association or its attorney.
Your Committee does find that the wording of the association's telegram, which gave rise to this investigation, was such as to create an inference that lobbying, influence peddling and improper approaches to legislators were contemplated, and your Committee considers that it was of vital importance that the matter be brought to the attention of the legislature and the public. Your committee further believes, after hearing from officials of the association, that there was no intention on the part of these officials to violate the law or to make any improper approach to the legislature.
Your committee feels that a genuine public service will have been rendered in this matter if the public can be made aware that large fees and expenses are not necessary to the passage of meritorious legislation.
It is recommended that no further action be taken at this time in this matter.
Respectfully submitted:
Freeman of Monroe, Chairman Lokey of Fulton, Garrard of Wilkes, Harrison of Wayne, Roughton of Washington.
The following remarks were delivered by Mr. Freeman of Monroe:
STATEMENT OF WILLIAM B. FREEMAN, CHAIRMAN OF INVESTIGATING COMMITTEE
Governor Griffin accentuated his desire to have a clean administration when he so promptly declared that revelations in the press raised an inference of a slush fund.
Such a declaration from the Governor, apart from our own feeling, made it morally mandatory that the General Assembly investigate the matter. It would have been to our distressing discredit had we not concurred in the discreet declaration of the Governor. We owed it to him and to ourselves to make the investigation.
In the January-February session of 1953, Senater Carlisle, President Pro-Tempore of the Senate and Chairman of Committee on amendments to the Constitution in that body, introduced the Constitutional amendment, which passed the Senate as Senator Carlisle remembers, without a dissenting vote proposing the constitutional basis for a Firemen's Retirement System.
MONDAY, JANUARY 31, 1955
327
The proposed amendment came to the House at the end of the January-February session of 1953. The committee of the House on amendments to the Constitution Number 1 at the November-December session of 1953, recommended passage, and the proposed amendment passed the House without a dissenting vote.
The voters of the State adopted the proposed amendment on November 2, 1954.
Up to that time the faithful firemen of Georgia had not sought to raise any extra money for promoting a retirement system for themselves. No money was needed to chart the proposed amendment through the hazardous rapids of a two thick vote of the membership of the Senate and House. They did not raise any money and none was needed.
With this experience as to the proposed amendment, it was difficult for me to believe that the firemen themselves could possibly have conceived of the raising of $8,000.00, assessing every regular fireman $5.00 and every volunteer fireman $1.00. I could not believe this had been their own thinking. It was completely foreign to their past conduct.
This caused me to wonder if there was not outside inspiration causing them to declare an $8,000.00 emergency, which must be immediately met.
It certainly was not needed to prepare the Bill, except for some actuarial service, for the Bill Drafting Unit, which I understand has prepared every other group retirement system in Georgia, would gladly have drawn the Bill for the firemen, and any legislative friend would have made this suggestion to them, if they were not aware of it.
At the time the emergency was declared, there was $2700.00 in the hands of the Firemen's Association.
According to the evidence before your committee, this was more than was needed to pay the actuary for services necessary to be rendered prior to the passage of the Bill and to pay an attorney for preparing the Bill.
The firemen's leaders knew that their members made modest salaries, and the testimony revealed how some of these faithful public servants had to borrow the money to meet the assessments, and have not yet been able to repay their $5.00 loans.
In view of the past experience and manner of the firemen's association in handling their legislative matters, and in view of the amount on hand in their treasury at that time, and in view of the hardship on men of modest income to meet a five dollar assessment, especially just before Christmas, I simply could not believe the money raising drive originated with the firemen.
Their testimony was positive that the money ra1smg emergency originated with them, and not from other persons. The closest approach the committee came to the idea that the amount of money raised was tailored to meet the employment requirements of outside help was the rumor or talk that one attorney would get $5,000 and another attorney would get $2,000.00, without any attorney being identified. The witness did not hear the name of any particular attorney mentioned.
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None of the emergency fund had been spent at the time of the investigation.
The only way I can now rationalize the money raising emergency against the foregoing background is to accept the testimony of the several splendid officers of the firemen's association who testified before your committee. No other witness contradicted their testimony. We must be controlled by the sworn testimony.
But, will we not say to all honest, hard working groups in Georgia,-professional groups, business groups, labor groups, that they don't need to have any assessment levied upon them in order to get fair treatment at the hands of the General Assembly? Can we not say to them to emulate the example of the firemen of Georgia in 1953 when they came here with a meritorious proposal and heard not a voice of dissent?
This is the only occasion I recall of this House investigating events that cast a possible reflection upon the integrity of the House. For too long we have ignored the arrows of accusations. For too long we have sat supinely by while rumors ran thick and fast. For too long we have been the victims of barbed epithets.
Once an United States Senator from Georgia resigned his seat in the Senate of the United States to run for the General Assembly of Georgia. He became a member of this House.
This is a part of our heritage. This House deeply appreciates its integrity. I believe in the absolute integrity of every member of this House. I resent any inference of the lack of integrity, whether such inference results for intention or misunderstanding. That is the reason I favored the investigation.
The report was adopted unanimously by the House, and the Clerk was directed to print sufficient copies of same, together with the remarks by Mr. Freeman of Monroe, for distribution to the members of the House.
Mr. Groover of Bibb presented, on the part of the House, a gift of flowers to Mrs. Marvin E. Moate, wife of the Speaker, on the occasion of the celebration of her birthday.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 64. By Messrs. Bentley and Willingham of Cobb, Duke of Baldwin, and others:
A Bill to be entitled an Act to amend the Code relative to absentee voting, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Privileges and Elections moves to amend HB 64, by adding at the end of the second sentence in the second section and at the end of said second section the following words, to wit: "because of said physical disability".
MONDAY, JANUARY 31, 1955
329
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 111, nays 1.
The bill having received the requisite constitutional majority, was passed, as amended.
The bill was ordered transmitted immediately to the Senate.
HB 147. By Messrs. Henderson of Atkinson and Willingham of Cobb:
A Bill to be entitled an Act to amend the Code of 1933, relating to the adoption laws, and for other purposes.
The following amendment was read and adopted:
Mr. Groover of Bibb moves to amend HB 147 by adding a new Section to be appropriately numbered and to read as follows: "The provisions of this Act shall not apply to any pending lawsuit or any cause of action existing on the passage of this Act".
Mr. Willingham of Cobb asked unanimous consent that the Bill be recommitted to the Committee, and objection was heard.
Mr. Willingham of Cobb moved that the Bill be recommitted.
On the motion to recommit, the ayes were 54, nays 55.
The motion to recommit was lost.
The following amendment was read and adopted:
Mr. Reed of Cobb moves to amend HB 147 by adding the following provision: "provided the claim for inheritance be presented to the Administrator within the period of one year from the death of the natural parent."
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 25, nays 99.
The bill having failed to receive the requisite constitutional majority, was lost.
HB 234. By Messrs. Watson of Dougherty, Gunter of Hall, Bolton of Spalding, and others:
A Bill to be entitled an Act to provide for the recording of affidavits showing facts affecting title to land, and for other purposes.
The following amendments were read and adopted:
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JOURNAL OF THE HOUSE,
The Committee on General Judiciary No. 2 amends HB 234 by striking Section 1 thereof and substituting the following:
SECTION 1.
Recorded affidavits shall be notice of the facts therein recited, whether heretofore or hereafter recorded and whether taken at the time of a conveyance of land or not, where such affidavits show the relationship of parties or other persons to conveyances of land, the relationship of any parties to any conveyance with other parties whose names are shown in the chain of title to lands, the ages of any person or persons connected with the chain of title, whether the land embraced in any conveyence, or any part of such land or right therein, has been in the actual possession of any party or parties connected with the chain of title, or of any other person or persons; where such affidavits relate to the identity of parties whose names may be shown differently in chains of title; whether such affidavits show the ownership or adverse possession of lands or that other persons have not owned such lands nor been in possession of same; or whether such affidavits state any other fact or circumstance affecting title to land or any right, title, interest in or lien or encumbrance upon land. Any such affidavits may be made by any person whether connected with the chain of title or not.
Messrs. Nightingale and Killian of Glynn move to amend HB 234 by inserting in Section 3 of said bill following the word "indexed" and before the words "in deed records" the words "in the name of the then purported owner of the affected land as grantee and grantor".
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 121, nays 0.
The bill having received the requisite constitutional majority, was passed, as amended.
HB 48. By Messrs. Watson of Dougherty and McKenna of Bibb:
A Bill to be entitled an Act relating to the exemption of property from taxation, and for other purposes.
The following amendment was read and adopted:
Mr. Watson of Dougherty moves to amend HB 48 by striking the words "residential purposes" wherever they appear in said bill and by substituting in lieu thereof the words "single family residences".
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.
MONDAY, JANUARY 31, 1955
331
HB 239. By Mr. Sanders of Richmond:
A Bill to be entitled an Act to amend an Act authorizing the chartering and empowering of 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 117, nays 2.
The bill having received the requisite constitutional majority, was passed.
HB 104. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend the Code relating to the entry of notice and award and payment to assessors of costs in condemnation proceedings and for other purposes.
The following Committee Substitute was read and adopted: By the Committee:
AN ACT
To amend Section 36-605 of the Code of Georgia of 1933, relating to the entry of notice and award and payment to assessors of costs in condemnation proceedings, as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1404), so as to provide that the corporation or person condemning shall pay to each assessor at least $10.00 for each day or any fraction thereof, provided that upon showing of extraordinary services or expenses, the Judge of the Superior Court may award costs in excess of the above amount for each day or fraction thereof devoted by each assessor to any case; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR-
GIA:
SECTION 1.
Section 36-605 of the Code of Georgia of 1933, relating to the entry of notice and award, and the payment to assessors of costs in condemnation proceedings, as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1404), is hereby amended by striking the following words: "the costs for the condemnation proceedings to each assessor not exceeding $2.00 per day," and inserting in lieu thereof the following: "to each assessor at least $10.00 for each day or any fraction thereof, provided that upon showing of extraordinary services or expenses, the Judge of the Superior Court may award costs in excess of the above amount for each day or fraction thereof devoted by each assessor to any case," so that when so amended Section 36-605 shall read as follows:
"Section 36-605. Notice and award to be entered on minutes.In all cases the clerk shall enter the notice and award thereon upon the minutes of the court, and the corporation or person con-
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demning shall pay to each assessor at least $10.00 for each day or any fraction thereof, provided that upon showing of extraordinary services or expenses the Judge of the Superior Court may award costs in excess of the above amount for each day or fraction thereof devoted by each assessor to any case, and other cost as now provided by law in civil cases in the Superior Court: Provided, however, that in any cases in which any county of this State having a population of 300,000 or more, according to the present or any future United States census, condemn property lying within the limits of such county, said county so condemning shall pay to each assessor such costs as shall be fixed in said case by the Judge of the Superior Court, not to exceed $25 for each day or fraction thereof devoted by such assessor to the case."
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. Bentley of Cobb moved the ayes and nays, and no quorum voted.
The Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen Bagby Barber of Jackson Baughman Bentley Birdsong
Bloodworth Brown Campbell Carlisle Chambers Cheatham Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Davis Duke Elder English
Fain Flynt
Fordham Fowler of Tift Goodson Gross of Stephens Gross of Dade Hall Hardaway Hayes Hogan Hudson Jessup Jones of Laurens Key Killian King of Whitfield Lam Land Lanier Lavender Lindsey Lokey Long Lowe Mackay Martin Massee
Matheson of Hart Mathis of Lowndes Mauldin McGarity McKelvey McKenna Musgrove Nightingale Nilan Parker Peacock Phillips of Walton Raulerson Reed Rodgers Rowland Rutland Scoggin Sheffield Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Tamplin
MONDAY, JANUARY 31, 1955
333
Tanner Tarpley Terrell Truelove
Underwood of Bartow Upshaw Veal Williams
Willingham Wilson of Towns Wright Young
Those voting in the negative were Messrs.:
Ayers Black Blackburn Blalock Boggus Caldwell Callier Cheek Clary Deal Deen Denson Dozier Drinkard Foster Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Harrell
Harris Harrison of Wayne Hawkins Henderson Holley Houston Jackson Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Kelley Kennedy of Turner Kilgore
King of Chattahoochee King of Pike Love Mallory Mashburn McCracken McWhorter Mobley Moore
Moorman Mull Murr Palmer Pelham Phillips of Columbia Potts Ramsey Ray Register Sivell Stephens of Clarke Stevens of Marion Strickland Stripling Todd Twitty Underwood of
Montgomery Watson Wheeler Wilson of Peach Wooten
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, by substitute, the ayes were 90, nays 72.
The bill having failed to receive the requisite constitutional majority, was lost.
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 104.
The following Resolution of the House was read:
HR 101. By Messrs. Moate of Hancock, Groover of Bibb, and Twitty of Mitchell:
A Resolution providing for a Committee of five members to study and report back in January 1956, on an improved method of holding committee meetings and for other purposes.
The Speaker referred the Resolution to the Committee on State of the Republic.
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JOURNAL OF THE HOUSE,
The following Resolutions of the House and Senate were read and adopted:
HR 102. By Mr. Barber of Colquitt:
A Resolution authorizing and directing the State Claims Advisory Board to study and investigate all of the Resolutions presented to them, by not acted upon, during the interim between the 1955 and 1956 sessions, and report its finding to the 1956 session, and for other purposes.
HR 103. By Mr. Kennedy of Turner:
A Resolution to empower the Governor to appoint a Commission to study the problem of rising prison population; to provide that members serve without pay; to authorize donations from private persons, and for other purposes.
HR 104. By Mr. Groover of Bibb:
A Resolution directing the Secretary of State to prepare and distribute the Georgia Official and Statistical Register, and for other purposes.
HR 105. By Mr. Groover of Bibb:
A Resolution directing and authorizing the Secretary of State to contract with a commercial photographer to make pictures of the members of the General Assembly, limiting the expenditure to $1,295.00, and for other purposes.
HR 106. By Messrs. Moate of Hancock, Groover of Bibb, Willingham of Cobb, and others:
A Resolution thanking the Fulton and DeKalb delegations and the Mayor and Board of Aldermen of the City of Atlanta for their hospitality in giving a dinner to the members of the General Assembly, and for other purposes.
SR 25. By Senator Ursrey of the 54th:
A Resolution requesting cooperation in obtaining the assistance of the Tobacco Stabilization Corporation in the removal of inferior quality tobacco from the tobacco auction sales so as to increase the income of tobacco producers, and for other purposes.
HR 24. By Senator Overby of the 33rd:
A Resolution commending the citizens of Georgia for their cooperation in traffic safety campaigns, and for other purposes.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 176. By Messrs. McGarity of Henry, Cates of Burke, Murr of Sumter, and others:
A Bill to be entitled an Act to create the Georgia Farmers Market Authority, and for other purposes.
MONDAY, JANUARY 31, 1955
335
Mr. Smith of Emanuel moved that the House do now adjourn until tomorrow morning at 10:00 o'clock, A. M., and the motion prevailed.
Leaves of absence for Tuesday were granted to Messrs. Coxwell of Lee and Perkins of Carroll.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock, and HB 176 went over until that time under the order of unfinished business.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Tuesday, February 1, 1955.
The House met pursuant to adjournment this day at 10:00 o'clock, A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Boggus of Ben Hill, 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 under the Rules of the House.
2. First reading and reference of Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local bills and general bills with local application.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker in his discretion may call up any bill on the General Calendar in any order he deems advisable.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 351. By Messrs. Barber of Jackson, Bodenhamer of Tift and Boggus of Ben Hill:
A Bill to be entitled an Act to amend an Act creating the State Board of Education, and for other purposes.
Referred to the Committee on Education #1.
HB 352. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend 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 Hygiene and Sanitation.
TUESDAY, FEBRUARY 1, 1955
337
HB 353. By Mr. Harrison of Jeff Davis:
A Bill to be entitled an Act to amend an Act relating to the levy of tax and exemptions, so as to exempt kerosene or fuel oil used in the curing of leaf tobacco by producers within this State, and for other purposes.
Referred to the Committee on Ways and Means.
HB 354. By Messrs. Sanders, Holley and Chambers of Richmond:
A Bill to be entitled an Act to amend an Act known as the Hospitals Authority Law, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 355. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act relating to the Board of Commissioners of Roads and Revenue of Chattooga County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 356. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Perry, and for other purposes.
Referred to the Committee on Municipal Government.
HB 357. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to authorize the City of Lawrenceville to undertake and carry out slum clearance and redevelopment work, and for other purposes.
Referred to the Committee on Municipal Government.
HB 358. By Mr. Brown of Telfair:
A Bill to be entitled an Act to amend an Act changing and fixing the salary of the Clerk of the Tax Commissioner of Telfair County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 359. By Mr. Brown of Telfair:
A Bill to be entitled an Act to amend an Act entitled An Act to amend by substitution an Act creating a new charter for the City of McRae, so as to provide that the City of McRae shall have the right to acquire, equip, operate and maintain a telephone system within the corporate limits of said city, and for other purposes.
Referred to the Committee on Municipal Government.
338
JOURNAL OF THE HOUSE,
HB 360. By Messrs. Hall of Floyd and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act known as the Teacher Retirement System Act, so as to provide that all teaching experience in Georgia shall be counted in computing service for retirement purposes, and for other purposes.
Referred to the Committee on Education #1.
HB 361. By Messrs. Hall of Floyd, Bodenhamer of Tift and Barber of Jackson:
A Bill to be entitled an Act to amend an Act known as the Teachers' Retirement System Act so as to provide that teachers coming into the teacher retirement system shall be entitled to receive credit for prior teaching service in other states or independent school systems, up to a maximum of ten years, and for other purposes.
Referred to the Committee on Education #1.
HB 362. By Messrs. Lokey and H. Smith of Fulton, Groover of Bibb, Mackay of DeKalb, Freeman of Monroe, Smith of Emanuel and Scoggin of Floyd:
A Bill to be entitled an Act to provide for pauper's affidavits in all trial courts; and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 363. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to prescribe the method of contracting for the erection, construction or altering of buildings for the State or County, and for other purposes.
Referred to the Committee on State of Republic.
HB 364. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to amend an Act relating to the domicile and office of the Public Service Commission, and for other purposes.
Referred to the Committee on State of Republic.
HB 365. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act creating the GriffinSpalding County School System and the Griffin-Spalding County Board of Education, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 366. By Messrs. Hall, Wright and Scoggin 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, the Clerk of the Superior Court, and for other purposes.
Referred to the Committee on Counties and County Matters.
TUESDAY, FEBRUARY 1, 1955
339
HB 367. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Roswell, and for other purposes.
Referred to the Committee on Municipal Government.
HB 368. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, by creating the positions of trial assistant Solicitors-General, and for other purposes.
Referred to the Committee on Municipal Government.
HB 369. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to amend an Act so as to change the term of office of the Board of County Commissioners of Taliaferro County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 107-369a. By Mr. Callier of Talbot:
A Resolution authorizing payment of damages to Mr. Lincoln Fortune for a fish cargo truck owned by Mr. Fortune, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 108-369b. By Messrs. Floyd and Weems of Chattooga, Bodenhamer of Tift and Hall of Floyd :
A Resolution proposing an amendment to the Constitution so as to provide that where there are insufficient funds available from the general funds of any county, municipal, independent, or other school district, the governing authority of such school district may insure all school buildings and property for an amount not exceeding 90% of their market value, from the funds in excess of ten thousand ($10,000) dollars in any such school district's bond sinking fund; and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.
HR 109-369c. By Messrs. M. M. Smith of Fulton and Barber of Jackson:
A Resolution to compensate Mr. Lamar Jamerson for injuries, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 110-369d. By Messrs. Duke and Massee of Baldwin:
A Resolution to compensate Miles V. Golden for damage to his automobile and personal injuries occasioned by an accident caused by an employee of the State Highway Department operating a State-owned vehicle, and for other purposes.
Referred to the Committee on Special Appropriations.
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JOURNAL OF THE HOUSE,
HR lll-369e. By Mr. Kennedy of Turner:
A Resolution to compensate J. C. Nolan for damages to his automobile, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 112-369f. By Mr. Flynt of Taliaferro:
A Resolution ratifying an easement granted by the State of Georgia to the Board of Education of Taliaferro County; and for other purposes.
Referred to the Committee on Public Property.
HR 113-369g. By Mr. Bentley of Cobb: A Resolution to compensate Dewey L. Miller; and for other purposes.
Referred to the Committee on Special Appropriations.
HB 370. By Messrs. Groover, McKenna and Carlisle of Bibb:
A Bill to be entitled an Act to approve, ratify and confirm Acts of the City of Macon, of its Mayor and Council, in closing, vacating and abandoning an alley known as First Street Lane situated between Wharf Lots two and three of the City of Macon; and for other purposes.
Referred to the Committee on Municipal Government.
HB 371. By Messrs. Groover, McKenna and Carlisle 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 as shown by minutes of its meeting of January 4, 1955, in abandoning, vacating and closing a certain portion of a ten-foot alley in Macon, some times referred to as New Street Lane, and for other purposes.
Referred to the Committee on Municipal Government:
HB 372. By Messrs. Groover, McKenna and Carlisle 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 373. By Messrs. Groover, Carlisle and McKenna 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.
HR 114-369h. By Mr. Bentley of Cobb: A Resolution to compensate T. P. Price and Mrs. Price, Smyrna, Geor-
TUESDAY, FEBRUARY 1, 1955
341
gia 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 Appropriations.
By unanimous consent, the following reports of Standing Committees were submitted and read:
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 Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 66-235c. Do Pass.
HR 77-266h. Do Pass.
HR 78-274a. Do Pass.
HR 70-266a. Do Pass.
Respectfully submitted,
Freeman of Monroe,
Chairman.
Mr. Nightingale of Glynn County, Chairman of the Committee on Amend-
ments to the Constitution # 2, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to the Constitution # 2 has had under
consideration the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 24- 56a. Do Pass.
HR 32- 84b. Do Pass.
HR 61-211b. Do Pass.
HR 82-297b. Do Pass. Respectfully submitted,
Nightingale of Glynn,
Chairman.
Mr. Stevens of Clarke 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
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JOURNAL OF THE HOUSE,
following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 22. Do Pass. SB 23. Do Pass. SB 24. Do Pass. SB 26. Do Pass.
Respectfully submitted, Stephens of Clarke, Chairman.
Mr. Todd of Glascock County, Chairman of the Committee on Conservation, submitted the following report:
Mr. Speaker: Your Committee on Conservation has had under consideration the following
Bill of the House and has instructed as as Chairman, to report the same back to the House with the following recommendation:
HB 179. Do Not Pass. Respectfully submitted,
Todd of Glascock,
Chairman.
Mr. Todd of Glascock County, Chairman of the Committee on Conservation, submitted the following report:
Mr. Speaker: Your Committee on Conservation has had under consideration the following
Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 337. Do Pass, as amended.
Respectfully submitted,
Todd of Glascock,
Chairman.
Mr. Cocke of Terrell 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-
TUESDAY, FEBRUARY 1, 1955
343
ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 312. Do Pass. Respectfully submitted, Cocke of Terrell, Chairman.
Mr. Carlisle of Bibb 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 113. Do Pass, as amended. Respectfully submitted, Carlisle of Bibb,
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 report the same back to the House with the following recommendations:
HB 302. Do Not Pass.
HB 303. Do Not Pass.
HB 324. 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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 231. Do Pass.
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JOURNAL OF THE HOUSE,
HB 141. Do Pass, by substitute.
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 15. Do Pass. HB 12. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.
Mr. Houston of Whitfield County, Vice-Chairman of the Committee on Privileges of the Floor, submitted the following report: Mr. Speaker:
Your Committee on Privileges of the Floor 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 recommendation:
HR 46. Do Pass. Respectfully submitted, Houston of Whitfield, Vice-Chairman.
Mr. Drinkard of Lincoln 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 177. Do Pass.
SB 40. Do Pass.
SB 20. Do Pass, by substitute. Respectfully submitted,
Drinkard of Lincoln,
Chairman.
TUESDAY, FEBRUARY 1, 1955
345
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 32. By Senator Matthews of the 47th:
A Bill to be entitled an Act to regulate the opening date of Tobacco Auction Sales within this State, so as to provide that no auction sale of flue-cured leaf tobacco may be held in this State prior to the third Thursday in July of any year; to provide a penalty for violation; to repeal conflicting laws; and for other purposes.
SB 56. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law" so as to provide that certain provisions for emergency war-risk rates will be inapplicable during the calendar year 1955; and for other purposes.
SB 62. By Senator Page of the 1st:
A Bill to be entitled an Act to implement the provisions of Article 5, Section 7, Paragraph 2, of the Constitution of the State of Georgia, ratified at the general election in November, 1952, which created a new constitutional authority of the State of Georgia to be known as the Savannah District Authority, to provide for the appointment and eligibility of the members of said constitutional authority as contemplated by said provision; and for other purposes.
SR 8. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to consider business pending at the adjournment of any regular session; to provide for the submission of this proposed amendment for ratification or rejection; and for other purposes.
SR 20. By Senator Dews 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 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 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.
SR 23. By Senator Florence of the 39th:
A Resolution proposing an amendment to the Constitution so as to provide for the Election for members of the Board of Education of Douglas
346
JOURNAL OF THE HOUSE,
County by the people; to prescribe the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
HB 59. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act incorporating the Municipality of Warner Robins; to change and redefine the corporate limits; to provide for a governing authority of a mayor and six councilmen, etc., and for other purposes.
HB 136. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act to amend Subsection (b) of Section 92-233 of the Annotated Code of Georgia of 1933 which defines the extent of the interest which an applicant for homestead exemption from taxation must have in property in order to be entitled to such homestead exemption; and for other purposes.
HB 137. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act to ratify, approve and confirm the executive order of the Governor suspending the collection of all ad valorem taxes on non profit housing corporations; and for other purposes.
HB 165. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend the City Charter of Doraville; and for other purposes.
HB 192. By Mr. Mauldin of Gordon:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Calhoun; and for other purposes.
HR 98. By Messrs. Clary of McDuffie and others:
A Resolution to commend the publisher of the Macon Telegraph for services to the General Assembly; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 2. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb and others:
A Bill to be entitled an Act to provide for the registration of motor vehicles and issuance of motor vehicle licenses and license plates by tax collectors and tax commissioners of the various counties; and for other purposes.
The Senate has agreed to House Amendments to the following Bills of the Senate:
SB 11. A Bill to amend the Aet approved February 15, 1933 providing for
TUESDAY, FEBRUARY 1, 1955
347
pensions for members of police departments in cities having a population of 150,000 or more, according to the preceding census of the United States; so as to provide additional pension protection for such members and their dependents; and for other purposes.
SB 14. By Senator Millican of the 52nd:
A Bill to amend the Act providing for pensions for members of police departments in cities having a population of 150,000 or more so as to provide for the amount of pension payable to widows of any policeman who has served 25 years and has not been placed on pension but who has remained in active service; and for other purposes.
SB 15. By Senator Millican of the 52nd:
A Bill to amend the Act approved August 13, 1924 providing a system of pensions for members of paid fire departments in cities having a population of more than 150,000 so as to provide additional benefits; 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 12. By Messrs. H. Smith, M. M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act relating to Judges of City Courts, so as to provide that Judges of City Courts or like courts may, when authorized to do so by the City, preside and Act as Judge in any Court authorized to try municipal offenses in cities having more than 350,000 population, and for other purposes.
HB 15. By Messrs. H. Smith, M. M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to create a system of traffic courts for each city in this State having a population of more than 300,000, and for other purposes.
HB 113. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act relating to qualifications of applicants to stand the State bar examination, and for other purposes.
HB 141. By Messrs. McKenna of Bibb, Deen of Bacon, Jackson of Jones:
A Bill to be entitled an Act to provide that no person shall drive a motor vehicle upon any street, road or highway of this State without having obtained a motor vehicle liability insurance policy; and for other purposes.
HB 177. By Messrs. Groover of Bibb and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the practice of all branches of professional engineering, including that branch of engineering commonly known as surveying; and for other purposes.
348
JOURNAL OF THE HOUSE,
HB 231. By Messrs. Underwood of Montgomery and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act which had as its purpose providing for annual fees of motor vehicles, the time of payment of such fees and classifications of tax for each class of vehicle, so as to provide that municipalities be exempt from the payment of such; and for other purposes.
HB 312. By Mr. Hendrix of Long:
A Bill to be entitled an Act to limit the amount of chemical solution, industrial waste, garbage, sewerage or other substances that may be deposited in any stream within this State to an amount not in excess of the capacity of the stream to absorb the substance deposited therein without a change in the chemical analysis of the water of the stream sufficient to cause the death of fish therein or to endanger the health of persons using water therefrom or residing along such stream; and for other purposes.
HB 324. By Messrs. Willingham of Cobb, Rowland of Johnson, Roughton of Washington and Musgrove of Clinch :
A Bill to be entitled an Act to amend an Act known as the "Unemployment Compensation Law"; by extending coverage to employers with four or more employees, and for other purposes.
HB 337. By Messrs. Baughman of Early, Groover of Bibb and Pickard of Muscogee:
A Bill to be entitled an Act to create the Georgia Waterways Commission, and for other purposes.
HR 24-56a. By Mr. Henderson of Atkinson:
A Resolution proposing an amendment to the Constitution, enabling the County of Atkinson to issue refunding bonds without a vote of the people to meet the present and any future indebtedness that may be incurred; and for other purposes.
HR 32-84b. By Mr. Jordan of Wheeler:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Wheeler County by the people; and for other purposes.
HR 61-211b. By Mr. Ramsey of Effingham:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Effingham County by the people; and for other purposes.
HR 66-235c. By Mr. Clary of McDuffie:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of McDuffie County by the people; and for other purposes.
TUESDAY, FEBRUARY 1, 1955
349
HR 70-266a. By Messrs. Cheatham, Eyler and So~ier of Chatham:
A Resolution proposing an amendment to the Constitution to provide that the General Assembly may grant to the governing authority of Chatham County the right to provide for the construction and maintenance of streets, sidewalks, and curbing within any subdivision of the county located outside the corporate limits of any municipality where the lots have been subdivided with frontages of 150 feet or less, and for other purposes.
HR 77-266h. By Messrs. Pickard, Young and Nilan of Muscogee:
A Resolution proposing an amendment to the Constitution, by which the homestead tax exemption authorized therein would not apply to any tax levied by Muscogee County, Georgia for the purpose of affording fire protection, within said county, and for other purposes.
Referred to the Committee on Amendment to Constitution # 1.
HR 78-274a. By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution so as to provide for the establishment of fire protection districts in Dougherty County outside municipalities by the governing authority of Dougherty County; and for other purposes.
HR 82-297b. By Messrs. Sanders, Chambers and Holley of Richmond:
A Resolution proposing an amendment to the Constitution relative to the districting of counties, so as to change the area of Richmond County to which said 1952 amendment is applicable; and for other purposes.
SB 20. By Senator Dean of the 40th:
A Bill to be entitled an Act to amend an Act known as the Voters' Registration Act, and which effected a complete revision of all the laws of this relating to the subject of registration and qualification of voters, and for other purposes.
SB 22. By Senator Reynolds of the 8th:
A Bill to be entitled an Act to amend Section 13-2048 of the Georgia Code of 1933, as amended, and relating to the payment of the deposit of a deceased depositor, so as to increase the payments therein authorized from $600.00 to $1,000.00; and for other purposes.
SB 23. By Senator Reynolds of the 8th:
A Bill to be entitled an Act to amend an Act to provide for the limitations of 20% of a bank's capital and surplus on temporary loans to counties, municipalities, political subdivisions and county boards of education; and for other purposes.
SB 24. By Senator Reynolds of the 8th: A Bill to be entitled an Act to amend an Act relating to the statement
350
JOURNAL OF THE HOUSE,
to be furnished the Superintendent of Banks by applicants for a charter, and for other purposes.
SB 26. By Senator Reynolds of the 8th:
A Bill to be entitled an Act to amend an Act relating to Private Banks and for other purposes.
SB 40. By Senator Overby of the 33rd:
A Bill to be entitled an Act to provide that no State or local funds shall be in any manner appropriated or expended for public school purposes except for schools in which the white and colored races are separately educated, and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 215. By Mr. Coxwell of Lee:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Treasurer of Lee County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 257. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Tax Commissioner of Washington County, and for other purposes.
The report 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 267. By Mr. Brown of Telfair:
A Bill to be entitled an Act to amend an Act so as to change the compensation of Clerk 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 105, nays 0.
TUESDAY, FEBRUARY 1, 1955
351
The bill, having received the requisite constitutional majority, was passed.
HB 287. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to provide for a commiSSIOn of SY2 '7o of school taxes collected to the tax collectors 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 288. By Mr. Turk of Wilcox:
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 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 291. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act so as to change the compensation 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.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 292. By Messrs. Hall, Wright and Scoggin of Floyd: A Bill to be entitled an Act to repeal an Act authorizing the Board of Commissioners of Roads and Revenues of Floyd County to pass zoning rules and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.
352
JOURNAL OF THE HOUSE,
HB 293. By Messrs. Birdsong and Lam of Troup:
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 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 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 297. By Messrs. Sanders, Holley and Chambers of Richmond:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the assistants to 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 301. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to repeal an Act so as to provide that certain county officers of Wayne County shall be compensated on 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 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 317. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend an Act creating a Savannah Airport Commission, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 318. By Messrs. Chambers, Sanders and Holley of Richmond: A Bill to be entitled an Act to amend an Act so as to change the com-
TUESDAY, FEBRUARY 1, 1955
353
pensation of the Judge of the Municipal Court of the City of Augusta, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 320. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Bill to be entitled an Act to amend an Act so as to change the title of the Bailiff 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 329. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to fix the salaries of the chief judge and the associate judges of the Municipal Court 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.
HB 330. By Messrs. Chambers, Holley and Sanders of Richmond: A Bill to be entitled an Act to provide that the County Physician of Richmond County shall not be entitled to any benefits of any tenure act now in effect, and for other purposes.
The report 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 332. By Messrs. Bolton and Lindsey of Spalding: A Bill to be entitled an Act to provide a contingent expense allowance
354
JOURNAL OF THE HOUSE,
for the Board of Commissioners of Roads and Revenues of Spalding County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Mr. Odom of Camden asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Motor Vehicles and recommitted to the Committee on Public Highways No. 1:
HB 204. By Messrs. Odom of Camden, Murr of Sumter and others:
A Bill to be entitled an Act to amend an Act providing for the g1vmg of security by owners and operators of motor vehicles, and for other purposes.
Objection was heard to the motion to withdraw and recommit, and Mr. Odom of Camden moved that the bill be withdrawn and recommitted.
On the motion, the ayes were 82, nays 31.
The motion prevailed, and HB 204 was withdrawn from the Committee on
Motor Vehicles and recommitted to the Committee on Public Highways # 1.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways and Means, read the second time and recommitted:
HB 240. By Mr. Drinkard of Lincoln:
A Bill to be entitled an Act to ratify the Executive Orders suspending the collection all annual license fees for operation of motor buses, 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 32. By Senators Matthews of the 47th and Ursrey of the 54th:
A Bill to be entitled an Act to regulate the opening date of Tobacco Auction Sales within this State; and for other purposes.
Referred to the Committee on General Agriculture # 1.
SB 56. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act known as the Unemployment Compensation Law, so as to provide that certain provisions for
TUESDAY, FEBRUARY 1, 1955
355
emergency war-risk rates will be inapplicable during the calendar year 1955, and for other purposes.
Referred to the Committee on Industrial Relations.
SB 62. By Senator Page of the 1st:
A Bill to be entitled an Act to implement the provisions of Article 5, Section 7, Paragraph 2, of the Constitution, which created a new constitutional authority of the State of Georgia to be known as the Savannah District Authority, and for other purposes.
Referred to the Committee on Municipal Government:
SR 8. By Senator Millican of the 52nd:
A Resolution proposing an amendment so as to authorize the General Assembly to consider business pending at the adjournment of any regular session at any later regular session; and for other purposes.
Referred to the Committee on Amendment to the Constitution # 1.
SR 20. By Senator Dews of the 9th:
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 Amendment to the Constitution # 2.
SR 23. By Senator Florence of the 39th:
A Resolution proposing an amendment to the Constitution so as to provide for the election for members of the Board of Education of Douglas County by the people, and for other purposes.
Referred to the Committee on Amendment to the Constitution # 1.
Mr. Stripling of Coweta asked unanimous consent that the following Bill of the House be withdrawn from the Committee on General Judiciary No. 1 and recommitted to the Committee on State of Republic:
HB 335. By Messrs. Willingham of Cobb, Stripling of Coweta, and others:
A Bill to be entitled an Act to improve by reciprocal legislation the enforcement of duties of support, and for other purposes.
Objection was heard to the motion to withdraw and recommit, and Mr. Stripling of Coweta moved that the bill be withdrawn and recommitted.
On the motion, the ayes were 58, nays 50.
The motion prevailed, and HB 335 was withdrawn from the Committee on
General Judiciary # 1 and recommitted to the Committee on State of Republic.
356
JOURNAL OF THE HOUSE,
By unanimous consent, the House reconsidered its action in failing to pass the following Bill of the House:
HB 104. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act relating to the entry of notice and award and payment to assessors of costs in condemnation proceedings, and for other purposes.
The following Resolution of the House was read and adopted:
HR 115. By Messrs. Groover of Bibb, Moate of Hancock, and others:
A RESOLUTION
WHEREAS on the 31st day of January, 1955, the Honorable E. M. Davis, a respected member of the House of Representatives from the County of Clay, departed this life;
AND, WHEREAS the General Assembly extends its deep sympathy to the family and relatives of the Honorable E. M. Davis:
NOW, THEREFORE, 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 of Representatives and two to be appointed by the President of the Senate, as official representatives of this Assembly to attend the funeral services of the Honorable E. M. Davis;
BE IT FURTHER RESOLVED that the General Assembly extend its deepest sympathy and understanding to the family, relatives, friends and constitutents of the Honorable E. M. Davis on his untimely passing.
BE IT FURTHER RESOLVED that a copy of this resolution be certified by the Clerk of the House and forwarded to the family of the late Honorable E. M. Davis.
Under the provisions of HR 115, the Speaker appointed as a Committee on the part of the House the following: Messrs. Dozier of Miller, Wooten of Randolph, and Cocke of Terrell.
At the request of Mr. Murr of Sumter, the following bills of the House were placed on the Calendar for the purpose of considering the unfavorable report of the Committee :
HB 302. By Messrs. Murr and Jones of Sumter 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.
HB 303. By Messrs. Murr and Jones of Sumter and others:
A Bill to be entitled an Act to amend an Act so as to provide that the Public Service Commission shall prescribe rules relating to welfare of railroad employees, and for other purposes.
TUESDAY, FEBRUARY 1, 1955
357
Under the regular order of business, the following Bill of the House was again taken up for consideration:
HB 176. By Messrs. McGarity of Henry, Murr of Sumter and others:
A Bill to be entitled an Act to create the Georgia Farmers Market Authority, and for other purposes.
The following amendments were read and adopted:
Mr. Groover of Bibb moves to amend HB 176 by striking from the first and second lines of Sect. 2 (e) the words "or without".
Mr. Groover of Bibb moves to amend HB 176 by adding at the end of Section 15 thereof, the following sentence: "The Authority shall not during its existence issue bonds aggregating in excess of $8,000,000.00."
Mr. Groover of Bibb moves to amend HB 176 by adding in line 8 of Section 23 after word "more" the word "projects".
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 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
The bill was ordered immediately transmitted to the Senate.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 241. By Messrs. Goodson of Heard, Bentley of Cobb and Murphy of Haralson:
A Bill to be entitled an Act to define an abandoned well, and for other purposes.
The following amendment was read and adopted:
Mr. Watson of Dougherty moves to amend HB 241 by adding before the next to last sentence of Section 6 the words "when recorded in the land records of the county in which the land is located and indexed in those records against the property owner as grantor".
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 103, nays 12.
The bill, having received the requisite constitutional majority, was passed, as amended.
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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 adopted the following Resolution of the House, to-wit:
HR 115. By Messrs. Groover of Bibb, Moate of Hancock, Willingham of Cobb, Scoggin of Floyd and others:
A Resolution to extend sympathy on the death of Representative E. M. Davis; and for other purposes.
The President of the Senate has appointed on the part of the Senate, the following members of the Senate, to-wit:
Senator Dews of the 9th and Senator Coffin of the 11th:
At the request of Mr. McKenna of Bibb, the following Bill of the House was withdrawn from further consideration of the House:
HB 45. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act to create a Civil Service Board in Bibb 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 39. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend the Code relating to actions against insurance companies, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 90.
The bill, having failed to receive the requisite constitutional majority, was lost.
HB 10. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to amend the Code relating to the admission to the Bar of this State without examination of persons licensed to practice in other states, and for other purposes.
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:
TUESDAY, FEBRUARY 1, 1955
359
Those voting in the affirmative were Messrs.:
Adams Allen Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Bloodworth Boggus Brannen Brown Caldwell Callier Carlisle Chambers Cheatham Cheek Clary Cloud Coker of Cherokee Cornelius Cotton Cowart Deen Denmark Denson Drinkard Duke Duncan Elder Eyler Floyd Fordham Foster Fowler of Douglas Freeman Frier Garrard Gillis Goodson Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens
Gross of Dade Gunter Hardaway Harris Harrison of Wayne Hawkins Henderson Hogan Houston Hudson Hurst Ivey Jessup Johnson of Jenkins Jones of Lumpkin Jones of Sumter Kelley Kennedy of Tattnall Key Killian King of Whitfield King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long Lowe Mackay Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes McCracken McKelvey McKenna McWhorter Mincy Mobley Moorman Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove Nightingale Nilan Odom Palmer Parker Peacock Peters Pettey Phillips of Columbia Potts Ramsey Ray Register Rodgers Roughton Rutland Sanders Sheffield Singer Sivell Smith of Evans Smith of Emanuel M. M. Smith of Fulton Sognier Strickland Stripling Tamplin Tarpley Terrell Todd Truelove Twitty Underwood of
Montgomery Veal Walker Watson Weems Wheeler Williams Willis Wilson of Towns Wooten
Those voting in the negative were Messrs.:
Ayers Bagby Bolton Hall
Hayes Huddleston Jones of Worth Mallory
McGarity Moore Pelham Reed
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JOURNAL OF THE HOUSE,
Scoggin Stevens of Marion
Willingham Wright
Young
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 138, nays 17. The bill, having received the requisite constitutional majority, was passed.
HB 49. By Messrs. Groover of Bibb and Bagby of Paulding:
A Bill to be entitled an Act to prohibit the publication of the names of persons accused of certain crimes until an indictment is had, and for other purposes.
The following Committee amendments were read and adopted:
The Committee on General Judiciary # 2 moves to amend Section
2 of HB 49 by striking from line 8 on page 2 the following: "or other like offenses"; and inserting in lieu thereof the following: "or municipal offenses of a like nature".
The Committee on General Judiciary # 2 moves to amend Section
3 of HB 49 by making the period at the end thereof a comma and adding the following: "nor of a person accused of a crime whom a duly commissioned officer of the law certifies is a fugitive in connection with such crime or offense, nor where a person so accused consents in writing to such publication."
The following amendments were read and adopted:
Mr. Gunter of Hall moves to amend Section 2 of HB 49 by making the period at the end of said section a comma and adding the following: "or until the person has waived a commitment hearing before a court of inquiry."
Mr. Gunter of Hall moves to further amend Section 3 of HB 49 as amended by making the period at the end of said section a comma and adding the following: "nor where a person so accused has waived a commitment hearing before a court of inquiry."
Mr. Rutland of DeKalb moves to amend Section 2 of HB 49 by adding at the end of Section 2 the following: "However, any matter to the contrary notwithstanding, this restriction shall not run further than 72 hours from the time of arrest or formal accusation."
Mr. Stripling of Coweta moved the previous question on the bill and all amendments, and the motion prevailed.
The following substitute to HB 49, offered by Mr. Carlisle of Bibb, was read and lost:
A BILL
To be entitled an Act to insure freedom and responsibility of the press; to repeal Section 105-704 of the Code defining privileged publi-
TUESDAY, FEBRUARY 1, 1955
361
cations as to newspaper libel; to amend paragraph four (4) of Section 105-709 of the Code, relating to privileged communications as to the proceedings of legislative or judicial bodies, so as to define "judicial proceedings" by declaring that .reports relative to arrests and the issuing of warrants therefor, and the proceedings of courts of inquiry shall not be covered thereby, except in specified instances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Section 105-704 of the Code, defining privileged publications relative to newspaper libel, is hereby repealed.
SECTION 2.
Section 105-709 of the Code, relating to privileged communications generally, as applied to the law of libel and slander, is hereby amended by adding to paragraph four (4) thereof, relating to the privilege of reporting the proceedings of legislative or judicial bodies, the following:
"As used in this paragraph 'reports of judicial bodies' shall not include reports relative to arrests and the issuing of warrants therefor, and the proceedings of courts of inquiry, except where such proceedings have resulted in the return of an indictment or formal accusation, as the case may be, or where the accused has been committed or bound over from a duly constituted court of inquiry, or has waived committment by giving bond."
so that said paragraph of said section, when so amended, shall read as follows:
"4. Fair and honest reports of the proceedings of legislative or judicial bodies. As used in this paragraph 'reports of judicial bodies' shall not include reports relative to arrests and the issuing of warrants therefor, and the proceedings of courts of inquiry, except where such proceedings have resulted in the return of an indictment or formal accusation, as the case may be, or where the accused has been committed or bound over from a duly constituted court of inquiry, or has waived committment by giving bond."
SECTION 3.
It is the purpose of this Act to insure freedom and responsibility of the press, and to that end, afford persons falsely accused of crime redress from premature scandalous publicity.
SECTION 4.
All laws and parts of laws in conflict with this Act are hereby repealed.
The following substitute to HB 49, offered by Mr. Fowler of Douglas, was read and lost:
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JOURNAL OF THE HOUSE,
"Section 1. Any newspaper, radio station or TV station that announces to the public the circumstances of an arrest which are later proved to be wrong must publish in an equal and exactly prominent manner the fact that the circumstances were erroneously reported and that the party or persons are wholly innocent.
"Section 2. Upon the failure or refusal of any radio station, TV station or newspaper to give the exact same and equal coverage concerning the innocence of any such persons so arrested and later released under dismissal, nol prosequi, or verdict of not guilty, it shall be deemed guilty of a misdemeanor and punished accordingly."
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 81, nays 71.
The bill, having failed to receive the requisite constitutional majority, was lost.
The following Resolution of the House was read and adopted:
HR 116. By Messrs. M. Smith of Fulton, Jones of Lumpkin and others:
A RESOLUTION
WHEREAS, there is a school in the City of Atlanta, Georgia, that is a part of the University of Georgia System and bears the great and respected name of Georgia Institute of Technology, and
WHEREAS, the basketball team of the Georgia Institute of Technology has accomplished what no other Southeastern conference school has been able to accomplish in many years, in that it has twice defeated the basketball team of the University of Kentucky in regular season play, and
WHEREAS, this feat has been accomplished by hard work, skill, and sheer determination on the part of the coach and players involved,
NOW, THEREFORE, BE IT RESOLVED by this House of Representatives that Coach Whack Hyder and the members of the basketball team of the Georgia Institute of Technology shall receive the plaudits due them and that this House of Representatives extend congratulations on this outstanding achievement,
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Honorable Whack Hyder with the names of the players inscribed thereon.
Mr. Groover of Bibb moved that the House do now adjourn until 10 :00 o'clock tomorrow morning and the motion prevailed.
Messrs. Russell of Barrow and English of Berrien were granted leaves of absence for tomorrow.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
WEDNESDAY, FEBRUARY 2, 1955
363
Representative Hall, Atlanta, Georgia. Wednesday, February 2, 1955.
The House met pursuant to adjournment this day at 10:00 o'clock, A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Boggus of Ben Hill, 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 under the Rules of the House.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local bills, and general bills with local application.
6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker in his discretion may call up any bill or resolution on
the general calendar in any order he deems advisable.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 374. By Messrs. Sognier, Eyler and 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 375. By Messrs. Blalock of Clayton, Scoggin of Floyd, Lokey of Fulton, Groover of Bibb and Sheffield of Brooks:
A Bill to be entitled an Act to express and effectuate the original intent of the General Assembly in enacting the Intangible Tax Act, and for other purposes.
Referred to the Committee on Ways and Means.
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JOURNAL OF THE HOUSE,
HB 376. By Messrs. Lavender of Elbert, Perkins of Carroll and others:
A Bill to be entitled an Act to provide that any teacher in this State must take an oath that he or she shall not teach the classes with mixed races; and for other purposes.
Referred to the Committee on Education # 2.
HB 377. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act relating to Barbers and Beauticians, so as to change the compensation of inspectors; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 378. By Mr. King of Pike:
A Bill to be entitled an Act to provide for the Non-Recording of land deeds and other evidences of title when the descriptions of the distance of one or more lines are indefinite, and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 379. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Suwanee, and for other purposes.
Referred to the Committee on Municipal Government:
HB 380. By Mr. Roughton of Washington:
A Bill to be entitled an Act to repeal an Act entitled An Act to establish a County Council for Washington County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 381. By Mr. Roughton of Washington:
A Bill to be entitled an Act to provide for the holding of four terms each year, of Washington Superior Court, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 382. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenue for Washington County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 383. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Jesup, and for other purposes.
Referred to the Committee on Municipal Government.
WEDNESDAY, FEBRUARY 2, 1955
365
HB 384. By Messrs. Hall, Scoggin and Wright 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 385. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to .be entitled an Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Austell; so as to provide for a change in the corporate limits; and for other purposes.
Referred to the Committee on Municipal Government.
HB 386. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act to provide a new charter for the City of Waycross; to extend the City limits of said City of Waycross so as to include within said city limits all of a certain subdivision now in and adjoining the City of Waycross known as Eastover Terrace, and for other purposes.
Referred to the Committee on Municipal Government:
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 Mr. Smith of Evans: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Evans County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 389. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act incorporating the City of Cairo; so as to authorize the Mayor and Council to alter, change, close and abandon streets and alleys of the City of Cairo, and for other purposes.
Referred to the Committee on Municipal Government.
HB 390. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to create the Clayton County Water authority and to authorize such Authority to acquire, construct, and thereafter operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to indi-
366
JOURNAL OF THE HOUSE,
viduals, private concerns, governmental agencies and municipalities; and for other purposes.
Referred to the Committee on Municipal Government.
HB 391. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park; to prescribe its limits, extending them as to take in a strip of land in Clayton County, and for other purposes.
Referred to the Committee on Municipal Government.
HB 392. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act relative to keeping livestock from running at large or straying, and for other purposes.
Referred to the Committee on General Agriculture # 1.
HR 117-392a. By Messrs. Duke and Massee of Baldwin: A Resolution to compensate Thulia Lindsley, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 118-392b. By Mr. Short of Colquitt:
A Resolution proposing compensation to Mr. Darrell Wiggins for damages to his automobile, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 119-392c. By Mr. Denmark of Liberty:
A Resolution authorizing and directing the State Librarian to furnish to the Superior Court of Liberty County, a complete set of the Georgia Supreme Court Reports and Court of Appeals Report, and for other purposes.
Referred to the Committee on Public Library.
HR 120-392d. By Messrs. Denson and Watson of Dougherty and Cocke of Terrell:
A Resolution proposing the conveyance by the Governor of part of the Georgia Wildlife Experiment Station situated in Dougherty and Terrell Counties, and for other purposes.
Referred to the Committee on Public Property.
HB 393. By Messrs. Coker of Cherokee and Upshaw of Bartow:
A Bill to be entitled an Act to provide for the labeling of containers in which milk powder is offered for sale; to authorize the Commissioner of Agriculture to promulgate rules and regulations; and for other purposes.
Referred to the Committee on General Agriculture # 2.
WEDNESDAY, FEBRUARY 2, 1955
367
HB 394. By Messrs. Mackay, McWhorter and Rutland of DeKalb, Young, Nilan and Pickard of Muscogee, Nightingale of Glynn, Bolton of Spalding and others:
A Bill to be entitled an Act to create the Georgia Legislative Council; to provide for the appointment of its members and for filling vacancies in its membership, and for other purposes.
Referred to the Committee on State of Republic.
HB 395. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to make it a criminal offense for any person to take, use or operate an automobile, motorcycle or other self-propelled motor vehicle without the permission of the owner thereof; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 396. By Messrs. Carlisle of Bibb, Short of Colquitt, Jones of Worth, Twitty of Mitchell, Jackson of Jones, Bagby of Paulding, Campbell of Walker and others:
A Bill to be entitled an Act to amend an Act relating to recovery by administrator of decedent, so as to provide for the recovery by the administrator or executor in certain events, and for other purposes.
Referred to the Committee on General Judiciary # 2.
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 Senator Overby of the 33rd:
A Bill to be entitled an Act to amend the Trade Mark Act of 1952 (No. 730 HB 380), approved February 14, 1952 by adding Section 17a thereto; and for other purposes.
SB 34. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to limit and regulate the collecting of taxes by municipal authorities except so far as relates to the City of Savannah, so as to exempt the City of Atlanta from this Act; and for other purposes.
SB 52. By Senator. McDonald of the 43rd:
A Bill to be entitled an Act to amend Chapter 24-21 of the Code of Georgia of 1933, relating to Ordinary Courts and proceedings therein by adding a new section to be designated as Section 24-2115, so as to provide for service by publication by the Ordinary to any guardian, administrator, executor, surety on bonds or either, or any other person
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JOURNAL OF THE HOUSE,
who shall have removed himself beyond the limits of this State, absconded or concealed himself; to repeal conflicting laws; and for other purposes.
HB 9. By Messrs. Bentley and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to the inspection of public buildings and property, so as to provide for an annual inspection by the grand jury; and for other purposes.
HB 219. By Messrs. Moore of Pickens, Mauldin of Gordon and others:
A Bill to be entitled an Act to amend Section 45-206 of the Code which said section relates to resident hunting and fishing licenes; and for other purposes.
HR 103. By Mr. Kennedy of Turner:
A Resolution to empower the Governor to appoint a Commission to study the problem of rising prison population; to provide that members serve without pay; to authorize donations from private persons; and for other purposes.
HR 106. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Resolution thanking the Fulton and Dekalb County Delegations and the Mayor and Board of Aldermen of the City of Atlanta for their hospitality in giving dinner; and for other purposes.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Short of Colquitt County, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 343. Do Pass. HB 344. Do Pass. HB 366. Do Pass. HB 349. Do Pass. HB 346. Do Pass. HB 342. Do Pass. HB 369. Do Pass. HB 339. Do Pass. HB 355. Do Pass.
WEDNESDAY, FEBRUARY 2, 1955
369
HB 189. Do Pass. HB 365. Do Pass. HB 294. Do Pass. SB 5. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Reed of Cobb County Vice-Chairman of the Committee on Insurance submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 283. Do Pass. HB 187. Do Pass.
HB 185. HB 284.
Do Pass, as amended. Do Pass.
Respectfully submitted,
Reed of Cobb,
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 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 Pass. HB 347. Do Pass. HB 336. Do Pass. HB 345. Do Pass. HB 348. Do Pass. HB 356. Do Pass. HB 357. Do Pass. HB 370. Do Pass. HB 359. Do Pass.
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JOURNAL OF THE HOUSE,
HB 371. Do Pass. HB 341. Do Pass. HB 368. Do Pass. HB 372. Do Pass. HB 340. Do Pass. SB 62. Do Pass.
Respectfully submitted, I;Ioke Smith of Fulton, Chairman.
Mr. Wooten of Randolph County, Chairman of the Committee on Public
Highways # 1, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways # 1 has had under consideration the
following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 276. Do Pass.
Respectfully submitted,
Wooten of Randolph,
Chairman.
Mr. Ramsey of Effingham 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 89-297T. Do Pass. HR 93-332B. Do Pass. HR 96-332E. Do Pass.
Respectfully submitted, Ramsey of Effingham, Chairman.
Mr. Hawkins of Screven 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-
WEDNESDAY, FEBRUARY 2, 1955
371
ing bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 279. Do Pass. HB 314. Do Pass. HB 280. Do Pass.
Respectfully submitted, Hawkins of Screven, Chairman.
Mr. Sheffield of Brooks County, Vice-Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic, has had under consideration the following Bill of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendation:
HB 151. Do Pass, as amended.
Respectfully submitted,
Sheffield of Brooks,
Vice-Chairman.
Mr. Drinkard of Lincoln 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 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 97-332F. Do Pass.
SR 19.
Do Pass.
Respectfully submitted,
Drinkard of Lincoln,
Chairman.
Mr. Blalock of Clayton 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 146. Do Pass, by substitute.
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JOURNAL OF THE HOUSE,
HB 221. Do Pass. HB 240. Do Pass.
Respectfully submitted, Blalock of Clayton, Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate, favorably reported, were read the second time:
HB 151. By Messrs. Groover of Bibb, and Kennedy of Turner:
A Bill to be entitled an Act to regulate certain loans of $2,500.00 or less to be known as the Georgia Industrial Loan Act; to provide for license and define the persons who may operate thereunder; to provide exemptions therefrom; to create the office of Georgia Industrial Loan Cornmissioner, and for other purposes.
HB 185. By Mr. Roughton of Washington:
A Bill to be entitled an Act to define and regulate the issuance of policies of accident and sickness insurance; to provide for its non-application to certain classes of insurance; to establish the form of the policy, and for other purposes.
HB 187. By Mr. Roughton of Washington:
A Bill to be entitled an Act to provide that the form of any and all policies of life or health and accident insurance, or of any riders or endorsements used in connection therewith, shall be first filed with and approved by the Insurance Commissioner before being issued in this State, and for other purposes.
HB 189. By Messrs. Mauldin of Gordon, Campbell and Coker of Walker and Underwood of Bartow:
A Bill to be entitled an Act to change the compensation of the Sheriff of Gordon County from a fee basis to a salary basis; and for other purposes.
HB 221. By Messrs. Murphey of Crawford, Brannen of Dooly and Jessup of Bleckley:
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.
HB 276. By Messrs. Boggus of Ben Hill, H. Smith of Fulton, Ray of Warren, Barber of Jackson, Clary of McDuffie and Smith of Emanuel.
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways, so as to provide the requirements for multiple-beam road lighting equipment, and for other purposes.
WEDNESDAY, FEBRUARY 2, 1955
373
HB 280. By Messrs. Scoggin of Floyd, Campbell of Walker, Willingham of Cobb, Terrell of Decatur:
A Bill to be entitled an Act to amend an Act which provided for retirement benefits for the Ordinaries of Georgia; and for other purposes.
HB 283. By Messrs. Reed of Cobb and Russell of Barrow:
A Bill to be entitled an Act to protect the interests of the public with respect to insurance adjusters; and for other purposes.
HB 284. By Messrs. Reed of Cobb and Russell of Barrow:
A Bill to be entitled an Act to define and regulate the business of representing insurers other than those transacting life, health, accident, hospital, medical service and title insurance and bail bonding by individual sureties; to provide for the licensing of agents for such representation; and for other purposes.
HB 294. By Mr. Birdsong of Troup:
A Bill to be entitled an Act to amend an Act entitled An Act to establish the City Court of LaGrange; to provide for the appointment of a Judge and other officers thereof and to define their powers and duties; and for other purposes.
HB 314. By Messrs. Chambers of Richmond, Short of Colquitt, Lavender of Elbert, McCracken of Jefferson, Carlisle of Bibb and many others:
A Bill to be entitled an Act to amend an Act relating to matters admissible in evidence, so as to provide that all statements, contracts, releases and other communications, either written or oral, obtained, secured, or made by any person who has sustained property damage or personal injury loss, to an insurance adjuster or other representative of an insurance company, shall be inadmissible in evidence if taken or made within 72 hours following any incident resulting in a property damage or personal injury loss; and for other purposes.
HB 336. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled An Act to authorize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations, and for other purposes.
HB 339. By Mr. Kelley of Gwinnett:
A Bill to be entitled an Act to amend an Act to create a Board of County Commissioners for Gwinnett County, by providing for the marking of all county vehicles, and for other purposes.
HB 340. By Mr. Hodges of Butts:
A Bill to be entitled an Act to create a new charter for the Town of Jenkinsburg, and for other purposes.
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JOURNAL OF THE HOUSE,
HB 341. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to incorporate the community in Gwinnett County Georgia known as Lilburn, under the name of the City of Lilburn, and for other purposes.
HB 342. By Mr. Kelley of Gwinnett:
A Bill to be entitled an Act to amend an Act to create a Board of County Commissioners for Gwinnett County, and for other purposes.
HB 343. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
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, the Sheriff, the Ordinary, the Tax Collector and the Tax Receiver, and for other purposes.
HB 344. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees, and for other purposes.
HB 345. By Messrs. Kilgore and Kelley of Gwinnett:
A Bill to be entitled an Act to amend the Act of the General Assembly creating a new Charter for the City of Lawrenceville, and for other purposes.
HB 346. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
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 Fulton County into the Office of Tax Commissioner; and for other purposes.
HB 347. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to amend the Act of the General Assembly creating a new Charter for the City of Lawrenceville, and for other purposes.
HB 348. 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 provide that the Mayor and Board of Aldermen shall provide by ordinance for the assessment and collection of an annual ad valorem tax at the millage rate recommended by the Board of Education, and for other purposes.
HB 349. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Morrow in the County of Clayton and grant a charter to that municipafity under that name and style, and for other purposes.
WEDNESDAY, FEBRUARY 2, 1955
375
HB 355. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act relating to the Board of Commissioners of Roads and Revenue of Chattooga County, and for other purposes.
HB 356. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Perry, and for other purposes.
HB 357. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to authorize the City of Lawrenceville to undertake and carry out slum clearance and redevelopment work, and for other purposes.
HB 359. By Mr. Brown of Telfair:
A Bill to be entitled an Act to amend an Act entitled An Act to amend by substitution an Act creating a new charter for the City of McRae, so as to provide that the City of McRae shall have the right to acquire, equip, operate and maintain a telephone system within the corporate limits of said city, and for other purposes.
HB 365. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act creating the GriffinSpalding County School System and the Griffin-Spalding County Board of Education, and for other purposes.
HB 366. By Messrs. Hall, Wright and Scoggin 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, the Clerk of the Superior Court, and for other purposes.
HB 368. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, by creating the positions of trial assistant Solicitors-General, and for other purposes.
HB 369. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to amend an Act so as to change the term of office of the Board of County Commissioners of Taliaferro County, and for other purposes.
HB 370. By Messrs. Groover, McKenna and Carlisle of Bibb:
A Bill to be entitled an Act to approve, ratify and confirm Acts of the City of Macon, of its Mayor and Council, in closing, vacating and abandoning an alley known as First Street Lane situated between Wharf Lots two and three of the City of Macon; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 371. By Messrs. Groover, McKenna and Carlisle 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 as shown by minutes of its meeting of January 4, 1955, in abandoning, vacating and closing a certain portion of a ten-foot alley in Macon, some times referred to as New Street Lane, and for other purposes.
HB 372. By Messrs. Groover, McKenna and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act to re-enact the Charter of the City of Macon, and for other purposes.
HB 373. By Messrs. Groover, Carlisle and McKenna of Bibb:
A Bill to be entitled an Act to re-enact the Charter of the City of Macon, and for other purposes.
HR 89-297i. By Mr. Bagby of Paulding:
A Resolution authorizing and directing the State Librarian to furnish certain books to the Ordinary of Paulding County, and for other purposes.
HR 93-332b. By Mr. Murphy of Haralson:
A Resolution authorizing the State Librarian to furnish certain law books to the Court of Ordinary of Haralson County, and for other purposes.
HR 96-332e. By Mr. Murphy of Haralson:
A Resolution to furnish certain law books to the Clerk of the Superior Court of Haralson County, and for other purposes.
SB 5. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act, by changing the classes and amounts of commissions allowed to tax receivers and tax collectors of State and County taxes in counties having a population of 300,000 or more and for other purposes.
SB 62. By Senator Page of the 1st:
A Bill to be entitled an Act to implement the provisiOns of Article 5, Section 7, Paragraph 2, of the Constitution, which created a new constitutional authority of the State of Georgia to be known as the Savannah District 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 12. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend the Code relating to Judges of City Courts, and for other purposes.
WEDNESDAY, FEBRUARY 2, 1955
377
The report 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 15. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to create a system of Traffic Courts for each City of this State having a population of more than 300,000, and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, 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 31. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend the Trade Mark Act of 1952, and for other purposes.
Referred to the Committee on Commerce.
SB 34. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to limit and regulate the collecting of taxes by municipal authorities except so far as relates to the City of Savannah, so as to exempt the City of Atlanta, and for other purposes.
Referred to the committee on Municipal Government.
SB 52. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to amend an Act relating to Ordinary courts and proceedings therein, and for other purposes.
Referred to the Committee on General Judiciary #1.
The following Resolution of the House was read and referred to the Committee on State of the Republic:
HR 121. By Messrs. Duncan of Carroll and Barber of Jackson:
A RESOLUTION
To provide for the appointment of a committee from the House of Representatives to investigate the financial status of the State
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JOURNAL OF THE HOUSE,
Board of Regents and the University System of Georgia and to make a report of such investigation to the next meeting of the General Assembly.
WHEREAS, The General Assembly of Georgia does appropriate a substantial sum of money to the Board of Regents of the University System of Georgia for the expenses of operating and maintaining the Board of Regents and the University System of Georgia; and
WHEREAS, In order to preserve the financial soundness and integrity of the State government, it is necessary and essential that all branches of the government be operated and maintained under a sound system of economy insuring maximum service and benefit to the citizens of the State at a minimum of expense; and
WHEREAS, It is necessary that the members of the General Assembly, which is charged with the function of raising and appropriating funds for the operation of the State government and all its branches, be thoroughly informed and familiar with the needs and requirements of all State agencies;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that a committee of five (5) members of the House of Representatives, be appointed to thoroughly investigate and examine the status of the financial affairs of and curriculum as authorized by the State Board of Regents and the University System of Georgia and to make a report of their findings from such investigation to the Governor's Study Commission and to the next regular meeting of the General Assembly.
Said committee shall be empowered to examine and audit all books, records and documents of the Board of Regents and the University System, and the officers and employees of the Board of Regents and the University System are hereby directed to cooperate with and assist said committee in its investigation and to make available to the committee such material and information, relating to its financial affairs and to expenditures of legislative appropriations and other funds from any source whatsoever coming into the hands of the board and the university system, as may be requested by the committee.
Said committee shall be compensated at the regular per diem and allowances authorized for committee work of the General Assembly.
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 70. By Messrs. Henderson of Atkinson and Deen of Bacon:
A Bill to be entitled an Act to amend an Act relating to motor vehicle license tags, and for other purposes.
By unanimous consent, further consideration of HB 70 was postponed until tomorrow morning immediately following the expiration of the period of unanimous consents.
WEDNESDAY, FEBRUARY 2, 1955
379
HB 324. By Messrs. Willingham of Cobb, Rowland of Johnson, Roughton of Washington, and others :
A Bill to be entitled an Act to amend an Act known as the Unemployment Compensation Law, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the Speaker ordered the roll called, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Allen Ayers Bagby Barber of Jackson Baughman Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Caldwell Campbell Carlisle Chambers Cheatham Cheek Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Deen Denmark Denson Drinkard Duke Edenfield Elder Eyler Floyd Fowler of Douglas
Fowler of Tift Freeman
Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Dade Hall Hardaway Harris Harrison of Jeff Davis Harrison of Wayne Hawkins Henderson Holley Huddleston Hudson lvey Johnson of Gilmer Jones of Lumpkin Jones of Laurens Kennedy of Tattnall Key Kilgore Killian King of Whitfield Lam Lavender Lindsey Lokey Long Love Lowe Mallory Mashburn Matheson of Hart Mathis of Lowndes McGarity
McKelvey Moore
Moorman Murphey of Crawford Musgrove Nightingale Nilan Odom Parker Peacock Pelham Perkins Peters Phillips of Columbia Phillips of Walton Roughton Rowland Ruark Rutland Sanders Scoggin Smith of Evans Hoke Smith of Fulton Sognier Souter Strickland Tamplin Tanner Tarpley Terrell Twitty Underwood of Bartow Underwood of
Montgomery Veal Walker Williams Willingham Wilson of Towns Wilson of Peach
Wright Young
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JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Brown Callier Fain
Hogan Land McCracken
Sivell Upshaw Watson
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 117, nays 9.
The bill having received the requisite constitutional majority, was passed.
SB 40. By Senator Overby of the 33rd: A Bill to be entitled an Act to provide that no State or local funds shall be in any manner appropriated or expended for public school purposes except for schools in which the white and colored races are separately educated, and for other purposes.
The report 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.
Messrs. Perkins of Carroll, Fain of Franklin and Hudson of Irwin requested that the Journal show them as voting for the passage of the bill.
SR 19. By Senator Overby of the 33rd:
A Resolution to authorize a "State Programs Study Committee" for the purpose of determining and recommending programs of services and a plan of financial operations for the 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 119, nays 0.
The Resolution was adopted.
The following Resolution of the House was taken up for consideration and read:
HR 97-332f. By Messrs. Floyd and Weems of Chattooga, Coker of Walker, Matthews of Clarke, and others:
A Resolution to establish a Committee to study the problems of separating veterans from other patients at the Milledgeville State Hospital, and for other purposes.
WEDNESDAY, FEBRUARY 2, 1955
381
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
The Resolution was adopted unanimously.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 337. By Messrs. Baughman of Early, Groover of Bibb, and Pickard of Muscogee:
A Bill to be entitled an Act to create the Georgia Waterways Commission, and for other purposes.
By unanimous consent, further consideration of HB 337 was postponed until tomorrow immediately following the expiration of the period of unanimous consents.
HB 242. By Mr. Peters of Meriwether:
A Bill to be entitled an Act to amend an Act known as the "Uniform Narcotic Drug 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 111, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 148. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to amend an Act in reference to the expenses of the Georgia State Board of Funeral Services, and for other purposes.
The following amendment was read and adopted:
Mr. Harrison of Wayne moves to amend HB 148 by striking the words "a majority of the" as appears in last sentence of Section 1 and inserting in lieu thereof the word "three".
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.
By unanimous consent, further consideration of the following Bill of the House was postponed indefinitely:
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JOURNAL OF THE HOUSE,
HB 308. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend an Act which abolished the State Examining Boards, and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 2. By Messrs. Floyd of Chattooga, Moate of Hancock, Willingham of Cobb, and others:
A Bill to be entitled an Act to provide for the registration of Motor Vehicles and the issuance of motor vehicle licenses and license plates by tax collectors and tax commissioners of the various counties, and for other purposes.
The following Senate amendments to HB 2 were read: By the Senate:
Senator Millican of the 52nd District moves to amend HB 2 as follows:
Section 1, line 7, by adding after the words "As amended" the following: "except as provided in Section 6 and 6-A of this Act."
Amend Section 4, line 4, by striking the figures $10,000 and inserting in lieu, $25,000.
Further amend Section 4 by striking the words in line 9, "provided, however". Also, strike all of lines 10 and 11.
Amend Section 6 by striking same in its entirety, and inserting in lieu thereof the following:
"All license tags for trucks with a manufacturer's rated capacity of more than two tons shall be purchased at the State Capitol as now required by law."
Add section to be known as Section 6-A, and reading as follows:
"All special designated license tags as authorized by the General Assembly shall continue to be purchased at the State Capitol as now required by law."
Amend caption of House Bill 2, line 4, after the word "Counties", the following:
"To provide for exceptions; to grant discretion as to the method of printing the name of the State on license tags."
Amend Section 8 by striking same in its entirety and inserting in lieu thereof the following:
"The Commissioner of Revenue shall maintain at the State Capitol a permanent record of the sale of all license tags by number, name and address of purchaser, date of purchase, make of vehicle, county in which license tag was sold, and such other information as the Commissioner of Revenue may desire for the information of law enforcement officers and other citizens."
WEDNESDAY, FEBRUARY 2, 1955
383
By adding a new section thereto, to be numbered Section 7-C, to read as follows:
"Section 7-C. Section 68-214 of the Code of Georgia of 1933, relating to license plates and their description, as amended, particularly by an Act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Session, p. 343) , is hereby amended by adding in the third sentence, after the word "and" and before the word "abbreviation" the words "either the full name or the", so that said third sentence of Section 68-214 shall read as follows:
"Number plates shall be of metal at least six inches wide and not less than twelve inches in length, and shall show in bold characters the year of registration, serial number and either the full name or the abbreviation of the name of the State, and such other descriptive 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 of plates are issued."
Senator Millican of the 52nd moves to amend HB 2, Sec. 3, Line 13 after the first word "County" the words "and at a salary in excess of five thousand ($5,000.00) per year."
The following amendment to Senate Amendment No. 4 was read and adopted:
Mr. Groover of Bibb amends Senate amendment No. 4 to HB 2 by adding the following words: "and trailers exceeding 3000 lbs. empty weight" between the word "tons" and the word "shall".
Mr. Groover of Bibb moved that the House agree to the Senate amendments to HB 2, as amended by the House.
On the motion to agree to the Senate amendments, as amended by the House, the ayes were 126, nays 0.
The Senate amendments to HB 2, as amended by the House, were agreed to.
The bill was ordered immediately transmitted to the Senate.
By unanimous consent, the following Bills of the House were withdrawn from the Committee on Banks and Banking, read the second time, and recommitted:
HB 20. By Messrs. Barker and Short of Colquitt:
A Bill to be entitled an Act to authorize banks in municipalities of a certain population to establish other banking facilities in the municipality in which the principal office is located, and for other purposes.
HB 99. By Mr. Chambers of Richmond:
A Bill to be entitled an Act to amend the Code relating to the taxation of Banks and banking associations, and for other purposes.
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JOURNAL OF THE HOUSE,
HB 202. By Mr. Barber of Colquitt:
A Bill to be entitled an Act to amend the Code of Georgia, relative to branch banks, and for other purposes.
HB 259. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to authorize banks in municipalities of a certain population to establish branch banks in the municipality in which the principal office is located, and for other purposes.
HB 322. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend the Code relating to the taxing of banks and banking associations, and for other purposes.
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 309. By Messrs. Nightingale and Killian of Glynn, Deen of Bacon, Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to provide for municipal home rule, and for other purposes.
The following Resolution of the House was read and adopted:
HR 122. By Messrs. Nilan, Pickard, and Young of Muscogee and Baughman of Early:
A RESOLUTION
To commend Honorable J. W. Woodruff, Sr., for meritorious service rendered this State.
WHEREAS, Honorable J. W. Woodruff, Sr., of Columbus, Georgia has rendered services of great value and benefit to this State, in advocating and procuring flood control projects; and
WHEREAS, his efforts have ever been to improve and conserve the natural resources of this State; and
WHEREAS, for many years, Honorable J. W. Woodruff, Sr., advocated the development and conservation of our streams and rivers; and
WHEREAS, his services as Chairman of the Georgia Waterways Commission have been of immeasurable value to this State; and
WHEREAS, this body desires to express its appreciation for the services he has rendered to this State;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that Honorable J. W. Woodruff, Sr., of Columbus, Georgia, be commended by a grateful citizenry for his untiring efforts and services on behalf of the State of Georgia.
WEDNESDAY, FEBRUARY 2, 1955
385
BE IT FURTHER RESOLVED that this resolution shall be spread upon the Journal of both the House and Senate, and that a copy of this resolution be sent to Honorable J. W. Woodruff, Sr.
Mr. Groover of Bibb moved that the House do now adjourn until tomorrow morning at 10:00 o'clock, and the motion prevailed.
Leaves of absence were granted to Messrs. Singer of Stewart and Jones of Sumter.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Thursday, February 3, 1955.
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:
Adams Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Caldwell Callier Campbell Carlisle Cason Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Deen Denmark Denson Dozier Drinkard Duke Duncan Edenfield Elder English Eyler
Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harris Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hogan Holley Houston Huddleston Hudson Hurst lvey Jackson Jesup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens
Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan
THURSDAY, FEBRUARY 3, 1955
387
Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Ruark Russell
Rutland Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley Terrell Todd
Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker
Those not answering the roll call were Messrs.: Allen, Brannen, Brown, Cates, Chastain, Hodges, Jones of Sumter, and Jordan.
Mr. Boggus of Ben Hill, 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 under the Rules of the House. 2. First reading and reference of House Bills and Resolutions. 3. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local bills and general bills with local
application. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker in his discretion may call up any bill or resolution
on the general calendar in any order he deems advisable.
Mr. Bodenhamer of Tift asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Temperance, read the second time, and recommitted to the Committee on Education No. 1:
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JOURNAL OF THE HOUSE,
HB 172. By Messrs. Bodenhamer and Fowler of Tift, Rutland of DeKalb, and others:
A Bill to be entitled an Act to prohibit the advertisement of spirituous liquors and distilled spirits, and for other purposes.
Objection was heard to the unanimous consent request.
Mr. Bodenhamer of Tift moved that HB 172 be withdrawn from the Committee on Temperance, read the second time, and recommitted to the Committee on Education No. 1.
On the motion to withdraw, read the second time, and recommit, Mr. Bodenhamer of Tift 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 Ayers Barber of Colquitt Barber of Jackson Bentley Black Blackburn Bloodworth Bodenhamer Boggus Carlisle Chambers Cheatham Cheek Clary Cocke Coker of Cherokee Coxwell Deen Dozier English Eyler Foster Fowler of Douglas Fowler of Tift Freeman Frier
Gilleland Greene of Crisp Hall Harris Harrison of Jeff Davis Hawkins Hayes Henderson Houston Hudson Johnson of Gilmer Jones of Worth Jones of Laurens Kelley
Kennedy of Tattnall King of Whitfield King of Pike Kitchens Love Mackay Martin Mashburn Matheson of Hart Moore Mull Murphey of Crawford Murr
Perkins Peters Pettey Potts Ramsey Roughton Rutland Sanders Short Singer
Smith of Evans M. M. Smith of Fulton Sognier
Stevens of Marion Strickland Stripling Tanner Tarpley Todd Truelove Veal Williams Willis Wilson of Towns Wilson of Peach Wooten
Those voting in the negative were Messrs.:
Bagby Baughman Birdsong Blalock Bolton Coker of Walker
Cornelius Cowart Deal Denmark Denson Drinkard
Edenfield Elder Floyd Flynt Fordham Garrard
THURSDAY, FEBRUARY 3, 1955
389
Green of Rabun Groover Gross of Stephens Gross of Dade Gunter Hardaway Harrell Harrison of Wayne Hendrix Holley Huddleston Hurst Jackson Jessup Johnson of Jenkins Jones of Lumpkin Key Kilgore Killian King of Chattahoochee
Lam Land Lanier
Lavender Lokey Lowe Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Murphy of Haralson Musgrove Nightingale Nilan Odom Palmer Peacock Pelham Phillips of Columbia Pickard Raulerson Ray
Reed Russell Scoggin Sheffield Sivell Smith of Emanuel Hoke Smith of Fulton Souter Stephens of Clarke Tamplin Terrell Twitty Underwood of
Montgomery Upshaw Walker Watson Weems Wheeler Willingham Wright Young
The roll call was verified.
On the motion to withdraw, read the second time, and recommit, the ayes were 80, nays 85.
The motion was lost.
By unanimous consent, the following Bill of the House was recommitted to the Committee on General Judiciary No.2:
HB 118. By Mr. Murphy of Haralson and others: A Bill to be entitled an Act to provide for the regulation of auction sales, and for other purposes.
By unanimous consent, the following Bills of the House were withdrawn from the Committee on General Judiciary No. 1, read the second time, and recommitted :
HB 107. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act providing how dower may be barred, and for other purposes.
HB 108. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that the right of a widow or minor child to a year's support from the estate of a decedent shall be barred by a sale of an administrator or executor of such estate
390
JOURNAL OF THE HOUSE,
prior to the setting apart of such year's support, and for other purposes.
HB 109. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that the right of a widow to a year's support shall be defeated by the death or remarriage of said widow prior to the setting apart of such year's support, and for other purposes.
HB 112. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that the right of a minor to a year's support shall be defeated by the marriage or death, or arrival of age of said minor prior to the setting apart of such year's support, and for other purposes.
By unanimous consent, the following Bills of the House were withdrawn from the Committee on Appropriations, read the second time and recommitted:
HB 7. By Messrs. Mincy of Ware, Harrison of Wayne, and others:
A Bill to be entitled an Act to amend an Act in reference to the construction of public hospitals and public health centers, and for other purposes.
HB 114. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to provide for an appropriation for the purpose of developing the Bobby Brown Memorial Park in Elbert County, and for other purposes.
HB 119. By Mr. Wilson of Towns:
A Bill to be entitled an Act to amend the General Appropriations Act so as to provide $50,000 for the development of Chatuge Lake-Mountain Park, 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:
HB 268. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act to make comprehensive provision for an integrated tax administration for Georgia, and for other purposes.
Mr. Bodenhamer of Tift asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Temperance and recommitted to the Committee of the Whole House:
HB 174. By Messrs. Bodenhamer and Fowler of Tift, Rutland of DeKalb, and others:
A Bill to be entitled an Act to make it unlawful for any person to
THURSDAY, FEBRUARY 3, 1955
391
employ in any capacity a person under 21 years of age in any place where liquor, beer, wine or alcoholic beverages are sold or offered for sale, and for other purposes.
Objection was heard to the unanimous consent request.
Mr. Bodenhamer of Tift moved that HB 174 be withdrawn from the Committee on Temperance and recommitted to the Committee of the Whole House.
On the motion to withdraw and recommit, Mr. Bodenhamer of Tift moved the ayes and nays, and the call was sustained.
Mr. Groover of Bibb moved that the House reconsider its action in calling for the ayes and nays on the motion to withdraw and recommit.
Mr. Groover of Bibb withdrew his motion for reconsideration.
On the motion to withdraw and recommit, the roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ayers Barber of Colquitt Barber of Jackson Bentley Blackburn Bodenhamer Bolton Campbell Carlisle Cason Cheatham Cheek Coker of Cherokee Cotton Deen Dozier Drinkard Elder English Eyler Foster Fowler of Douglas Fowler of Tift Freeman
Frier Garrard Gilleland Gillis Green of Rabun
Greene of Crisp Grimsley Hall Harrell Harris Harrison of Jeff Davis Hawkins Hayes Henderson Hudson Johnson of Gilmer Jones of Worth Jones of Laurens Kelley Kennedy of Tattnall Kitchens Lam Long Love Mackay Martin Mashburn Matheson of Hart McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford
Murr Pelham Perkins Peters Potts Ramsey Ray Register Roughton Rutland Sanders Short Smith of Evans Sognier Stevens of Marion Strickland Stripling Tanner Tarpley Todd Truelove Underwood of
Montgomery Veal Williams
Willis Wilson of Towns Wilson of Peach Wooten
392
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Allen Bagby Baughman Birdsong Black Blalock Caldwell Cloud Cocke Coker of Walker Cornelius Cowart Coxwell Deal Denmark Denson Duncan Edenfield Fain Floyd Flynt Fordham Goodson Groover Gross of Stephens Gunter Hardaway Harrison of Wayne Hendrix Holley Huddleston
Hurst Ivey
Jackson Jessup Johnson of Jenkins Jones of Lumpkin Kennedy of Turner Key
Kilgore Killian King of Chattahoochee King of Pike Land Lanier Lavender Lindsey Lokey Lowe Mathis of Lowndes Matthews Mauldin McCracken McKelvey Mincy Murphy of Haralson Musgrove Nightingale Nilan Palmer Parker Peacock
Pettey Phillips of Columbia Phillips of Walton Pickard Raulerson Reed Rodgers Ruark Russell Scoggin
Sheffield Singer Hoke Smith of Fulton Smith of Emanuel M. M. Smith of Fulton Souter Stephens of Clarke Tamplin Terrell Turk Twitty Upshaw Walker Watson Weems Wheeler Willingham Wright Young
By unanimous consent, the verification of the roll call was dispensed with.
On the motion to withdraw and recommit, the ayes were 88, nays 91.
The motion was lost.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 397. By Messrs. Nightingale and Killian of Glynn:
A Bill to be entitled an Act to amend an Act known as the Juvenile Court Act, so as to provide for the transfer of a child to other courts who is charged with a crime; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 398. By Messrs. Nightingale and Killian of Glynn:
A Bill to be entitled an Act to authorize the Brunswick Ports Authority created by that Act of the General Assembly approved March 8, 1945,
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393
to assign, convey, grant or otherwise transfer any or all of its property, real, personal, tangible, intangible, or otherwise, to the State Ports Authority and for other purposes.
Referred to the Committee on State of Republic.
HB 399. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act relating to infants, lunatics, etc., their counselors and instigators, so as to define a person of sound mind; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 400. By Messrs. Odom of Camden, Mincy of Ware, Harrison of Wayne, Groover of Bibb, Fordham of Bulloch, Parker of Appling, Foster of Clayton and others :
A Bill to be entitled an Act to create the Cumberland Island Authority; to provide for the members, terms, vacancies, quorum and expenses and the general powers of the authority, and for other purposes.
Referred to the Committee on State of Republic.
HB 401. By Messrs. Nilan, Pickard and Young.
A Bill to be entitled an Act to amend an Act pertaining to the attendance of witnesses, so as to provide for the payment of fees to any sheriff, deputy Sheriff, or member of any municipal or county police force attending any court having jurisdiction to enforce penal laws, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 402. By Mr. Murr of Sumter:
A Bill to be entitled an Act to amend an Act relating to service of process and how made in general, so as to provide that the copy served on the defendant shall have entered thereon an exact copy of the entry of service as shown on the original; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 403. By Messrs. Hayes of Coffee, Henderson of Atkinson, Moorman of Lanier and Cocke of Terrell:
A Bill to be entitled an Act to create a Division in the office of the Secretary of State, to be known as the Georgia State Museum of Science and Industry, and for other purposes.
Referred to the Committee on Historical Research.
HB 404. By Messrs. Moate of Hancock, Groover of Bibb, Scoggin of Floyd, Huddleston of Fayette and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act of the General Assembly
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JOURNAL OF THE HOUSE,
entitled "Public Safety Department", relating to the Drivers License Bureau Supervisor, and for other purposes.
Referred to the Committee on State of Republic.
HB 405. By Messrs. Parker of Appling, Harrison of Wayne, Strickland of Toombs and others:
A Bill to be entitled an Act to amend an Act 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 406. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act r11lating to the recording and priority of deeds, so as to provide that before any deed is recorded, the Clerk shall be presented with an Attorney's certificate that the property conveyed therein has been returned during the current year for State and County ad valorem taxes; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 407. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to require the inoculation of dogs against rabies under certain circumstances and take other necessary steps to prevent the introduction, generation, and spread of rabies; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 408. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to repeal an Act defining and enlarging the jurisdiction of the courts of ordinary and municipal courts with relation to certain cases, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 409. By Mr. Lavender of Elbert: A Bill to be entitled an Act to amend an Act establishing a charter and incorporating the City of Bowman, and for other purposes.
Referred to the Committee on Municipal Government.
HB 410. By Mr. Bolton of Spalding: A Bill to be entitled an Act to provide that no person 75 years of age or older shall be eligible to serve as a member of a county police force, a municipal police force, or as a deputy sheriff; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 411. By Messrs. Perkins of Carroll and Willis of Thomas: A Bill to be entitled an Act to amend an Act entitled An Act to
THURSDAY, FEBRUARY 3, 1955
395
authorize and empower the Board of Education of any county or independent School System 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 412. By Mr. Reed of Cobb:
A Bill to be entitled an Act to provide for the disposition of notices of claims against deposits of insurance companies filed with the State Treasurer; and for other purposes.
Referred to the Committee on Insurance.
HB 413. By Messrs. Killian and Nightingale of Glynn, Odom of Camden, Parker of Appling, Harrison of Jeff Davis:
A Bill to be entitled an Act to amend an Act that provided for a salary system in lieu of a fee system for the Solicitor General of the Brunswick Judicial Circuit, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 414. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act entitled An Act to consolidate, amend and supersede the several Acts incorporating the Town of Wadley in the County of Jefferson; to confer additional powers upon the Mayor and Council of said Town; to provide for the establishment and maintenance of a system of waterworks, sewerage and electric lights for said town, and for other purposes.
Referred to the Committee on Municipal Government.
HB 415. By Mr. Perkins of Carroll:
A Bill to be entitled an Act to provide the procedure relative to the consolidation of schools in Carroll County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 123-415a. By Mr. Rowland of Johnson:
A Resolution to authorize the Governor acting on behalf of the State, to convey certain property to Johnson County, and for other purposes.
Referred to the Committee on Public Property.
HR 124-415b. By Mr. McGarity of Henry:
A Resolution to compensate J. D. Walker for damages sustained in an accident on State Highway No. 42, and for other purposes.
Referred to the Committee on Special Appropriations.
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JOURNAL OF THE HOUSE,
HR 125-415c. By Messrs. Perkins of Carroll, Matheson of Hart, Stripling of Coweta, Baughman of Early, Black of Webster, Cowart of Calhoun and many others:
A Resolution proposing an amendment to the Constitution to authorize the General Assembly to provide for payment of funds to veterans of certain wars, and widows, children and parents thereof; and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HB 416. Br. Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act providing for the deduction from gross income in computing net income for purposes of the Georgia income tax of a reasonable allowance for the depreciation and obsolescence of property used in the trade or business, and for other purposes.
Referred to the Committee on Ways and Means.
HB 417. By Mr. Walker of Rockdale: A Bill to be entitled an Act to provide for the permanent registration of voters of the City of Conyers, and for other purposes.
Referred to the Committee on Municipal Government.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Freeman of Monroe County, Chairman of the Committee on Amendments to Constitution # 1 submitted the following report:
Mr. Speake:r:
Your Committee on Amendments to Constitution #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 8. Do Pass. SR 23. Do Pass. HR 108-369b. Do Pass.
Respectfully submitted, Freeman of Monroe,
Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters has had under considera-
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397
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 103. Do Pass. HB 381. Do Pass. HB 358. Do Pass. HB 380. Do Pass. HB 382. Do Pass. HB 388. Do Pass. HB 387. Do Pass. HB 270. Do Pass, as amended.
Respectfully submitted,
Short of Colquitt,
Chairman.
Mr. Bodenhamer of Tift County, Chairman of the Committee on Education #1, submitted the following report:
Mr. Speaker:
Your Committee on Education #1 has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 351. Do Pass.
HB 360. Do Pass.
HB 361. Do Pass.
Respectfully submitted,
Bodenhamer of Tift,
Chairman.
Mr. Mauldin of Gordon 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 171. Do Pass.
HB 222. Do Pass.
HB 392. Do Pass.
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JOURNAL OF THE HOUSE,
SB 32. Do Pass, as amended. Respectfully submitted, Mauldin of Gordon, Chairman.
Mr. Scoggin of Floyd 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 106. Do Pass. HB 110. Do Pass. HB 111. Do Pass. HB 275. Do Pass. HB 285. Do Pass. HB 321. Do Pass. HB 362. Do Pass. HB 175. Do Pass by Committee substitute. HB 374. Do Pass.
Respectfully submitted, Scoggin of Floyd, Chairman.
Mr. Carlisle of Bibb 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 274. Do Pass. HB 278. Do Pass. HB 326. Do Pass. HB 331. Do Pass.
Respectfully submitted,
Carlisle of Bibb,
Chairman.
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399
Mr. Mashburn of Forsyth 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 352. Do Pass. HB 304. Do Pass. HB 315. Do Pass. HB 354. Do Pass.
Respectfully submitted, Mashburn of Forsyth, Chairman.
Mr. Drinkard of Lincoln 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 me as Chairman, to report the same back to the House with the following recommendations:
HB 311. Do Pass, as amended. HR 101. Do Pass. HR 43. Do Not Pass. HR 44. Do Not Pass. HR 45. Do Not Pass. HR 47. Do Not Pass. HB 335. Do Pass, as amended. HB 272. Do Pass.
Respectfully submitted, Drinkard of Lincoln, Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate, favorably reported, were read the second time:
HR 101. By Messrs. Twitty of Mitchell, Moate of Hancock, and others:
A Resolution providing for a Committee to study and make recommendations for improving the method of holding committee hearings, and for other purposes.
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JOURNAL OF THE HOUSE,
HR 108-369b. By Messrs. Floyd and Weems of Chattooga and others:
A Resolution proposing an amendment to the Constitution relating to the insurance of school buildings, and for other purposes.
HB 103. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act relating to the employment by county authorities of the county surveyors or a civil engineer to locate roads so as to provide that the per diem of such surveyor or civil engineer so employed, shall not be less than $5.00 nor more than $25.00; and for other purposes.
HB 106. By Mr. Stephens of Clarke:
A Bill to be entitled an Act to provide that a power of sale, unless limited in the instrument creating same, authorizes a private sale by the donee of such power, except as to instruments given to secure a debt; and for other purposes.
HB 110. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act concerning the dormancy of judgments by providing for the filing and recording of written notices of bona fide public efforts by the plaintiff in execution to enforce such execution in the courts; and for other purposes.
HB 111. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act relating to the keeping of the general execution docket and the entry of executions thereon by providing that the lien of a judgment shall date from the time the execution shall be entered on said docket, and for other purposes.
HB 171. By Messrs. Twitty of Mitchell and Short of Colquitt:
A Bill to be entitled an Act to amend an Act entitled An Act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia Farms; to legalize the making of light domestic wines; to exempt from all taxation wines made from crops of grapes, fruits or berries, whether wild or cultivated by producers in Georgia; and for other purposes.
HB 222. By Messrs. Clary of McDuffie, Ray of Warren, Garrard of Wilkes, Boggus of Ben Hill and McGarity of Henry:
A Bill to be entitled an Act to amend an Act regulating feeding of Garbage to Livestock; and to regulate the rendering of carcasses of dead animals; and for other purposes.
HB 270. By Messrs. Denson and Watson of Dougherty and Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act by changing the classes and amounts of commissions allowed to tax receivers and tax collectors
THURSDAY, FEBRUARY 3, 1955
401
of State and County taxes; to provide for the fees to be allowed tax collectors on delinquent taxes; and for other purposes.
HB 272. By Mr. Odom of Camden:
A Bill to be entitled an Act to amend an Act authorizing the construction of certain roads by the Fernandina Port Authority, so as to limit the authorization to the construction of a toll bridge, to provide the location of such bridge; and for other purposes.
HB 274. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to require Solicitors-General, Solicitors of city and county courts and all county officers who receive fees and compensation other than salaries to keep an account of such fees and compensation and to make sworn itemized statements relative thereto to the clerk of the Superior Court; and for other purposes.
HB 275. By Messrs. Tarpley of Union, Upshaw of Bartow, Key of Jasper, King and Houston of Whitfield:
A Bill to be entitled an Act to amend an Act relating to fees of clerks of the Superior Courts, so as to provide for compensation for per diem services in attendance upon court in criminal cases; and for other purposes.
HB 278. By Messrs. Reed of Cobb, Bagby of Paulding, Willingham of Cobb, Scoggin of Floyd, Veal of Putnam and many others :
A Bill to be entitled an Act to amend an Act relating to venue in equitable actions so as to add additional venue to equitable proceedings against domestic and domesticated corporations; and for other purposes.
HB 285. By Mr. Tanner of Coffee:
A Bill to be entitled an Act to amend an Act relating to the appointment of assessors in condemnation proceedings, so as to provide that all assessors chosen by the parties, or appointed, as the case may be, shall be residents of the county in which the land being condemned is located; and for other purposes.
HB 304. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act regulating the practice of Chiropody, and for other purposes.
HB 311. By Messrs. Sanders of Richmond, Short of Colquitt, Groover of Bibb, Chambers of Richmond and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts, so as to provide that the juvenile court may establish a division of the juvenile probation system of such county for the physical and mental diagnosis of cases of children who are believed to be physically or mentally diseased or defective; and for other purposes.
402
JOURNAL OF THE HOUSE,
HB 315. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to amend an Act providing a complete and comprehensive Vital Statistics Law for Georgia; so as to prescribe certain regulations relative to the removal or disposition of a dead body; and for other purposes.
HB 321. By Messrs. Bolton and Lindsey of Spalding, King of Pike, Caldwell and Mallory of Upson, and Huddleston of Fayette:
A Bill to be entitled an Act to amend an Act creating the Griffin Judicial Circuit; so as to provide for an increase in the salary of the Judge of the Superior Courts of the Griffin Judicial Circuit; and for other purposes.
HB 326. By Messrs. Bolton and Lindsey of Spalding, and Floyd of Chattooga:
A Bill to be entitled an Act to regulate the registration of Motor Vehicles, so as to strike from said Act the requirement of including the amount of liens against motor vehicles and the name and address of lien holders; and for other purposes.
HB 331. By Messrs. Bolton of Spalding, Matthews of Clarke, Lavender of Elbert, Mackay of DeKalb and Russell of Barrow:
A Bill to be entitled an Act to authorize the judgment of a court providing permanent alimony for the support of a wife, or child or children, or both, to be revised, upon petition by wife or husband alleging change in husband's income and financial status; and for other purposes.
HB 335. By Messrs. Willingham of Cobb, Stripling of Coweta, Coker of Cherokee, Goodson of Heard, Allen of Bulloch, Bagby of Paulding and others:
A Bill to be entitled an Act to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto, and for other purposes.
HB 351. By Messrs. Barber of Jackson, Bodenhamer of Tift and Boggus of Ben Hill:
A Bill to be entitled an Act to amend an Act creating the State Board of Education, and for other purposes.
HB 352. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend an Act relating to the licensing of aliens to practice medicine or pharmacy in this State, and for other purposes.
HB 354. By Messrs. Sanders, Holley and Chambers of Richmond:
A Bill to be entitled an Act to amend an Act known as the Hospitals Authority Law, and for other purposes.
THURSDAY, FEBRUARY 3, 1955
403
HB 358. By Mr. Brown of Telfair:
A Bill to be entitled an Act to amend an Act changing and fixing the salary of the Clerk oi the Tax Commissioner of Telfair County; and for other purposes.
HB 360. By Messrs. Hall of Floyd and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act known as the Teacher Retirement System Act, so as to provide that all teaching experience in Georgia shall be counted in computing service for retirement purposes, and for other purposes.
HB 361. By Messrs. Hall of Floyd, Bodenhamer of Tift and Barber of Jackson:
A Bill to be entitled an Act to amend an Act known as the Teachers' Retirement System Act so as to provide that teachers coming into the teacher retirement system shall be entitled to receive credit for prior teaching service in other states or independent school systems, up to a maximum of ten years, and for other purposes.
HB 362. By Messrs. Lokey and H. Smith of Fulton, Groover of Bibb, Mackay of DeKalb, Freeman of Monroe, Smith of Emanuel and Scoggin of Floyd:
A Bill to be entitled an Act to provide for pauper's affidavits in all trial courts; and for other purposes.
HB 374. By Messrs. Sognier, Eyler and 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.
HB 380. By Mr. Roughton of Washington:
A Bill to be entitled an Act to repeal an Act entitled An Act to establish a County Council for Washington County, and for other purposes.
HB 381. By Mr. Roughton of Washington:
A Bill to be entitled an Act to provide for the holding of four terms each year, of Washington Superior Court, and for other purposes.
HB 382. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenue for Washington 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 purposes.
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JOURNAL OF THE HOUSE,
HB 388. By Mr. E. Smith of Evans:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Evans County, and for other purposes.
HB 392. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act relative to keeping livestock from running at large or straying, and for other purposes.
SR 8. By Senator Millican of the 52nd:
A Resolution proposing an amendment so as to authorize the General Assembly to consider business pending at the adjournment of any regular session at any later regular session; and for other purposes.
SR 23. By Senator Florence of the 39th:
A Resolution proposing an amendment to the Constitution so as to provide for the election for members of the Board of Education of Douglas County by the people, and for other purposes.
SB 32. By Senators Matthews of the 47th and Ursrey of the 54th:
A Bill to be entitled an Act to regulate the opening date of Tobacco Auction Sales within this 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 by the requisite constitutional majority the following bills and resolutions of the House and Senate to wit:
SB 53. By Senator McDonald of the 43rd:
A bill to amend Ch. 4-4 of the Code of Georgia of 1933, by adding a new section designated as Section 4-410, so as to provide that the liability of an agent, persons, or corporations who shall endeavor to bind a non-existing principle on a contract with any third person, persons or corporation shall be determined by the rule of law now existing in this state relative to determining the liability of an agent who has exceeded his authority; and for other purposes.
SB 66. By Senator Overby of the 33rd and others:
A bill to provide for the rehabilitation, clearance and redevelopment of slums in cities and towns in this state in accordance with urban redevelopment plans approved by the governing bodies thereof; to authorize municipalities to establish Urban Redevelopment Agencies; and for other purposes.
SR 33. By Senator Nee! of the 7th:
A resolution to establish a committee to study proposed revisions of Workmen's Compensation Law; and for other purposes.
THURSDAY, FEBRUARY 3, 1955
405
HB 96. By Messrs. Lokey of Fulton, Groover of Bibb, Scoggin of Floyd and others:
A bill to provide a uniform method of fixing the salaries, allowances and travel expenses to be paid to certain elective officials so as to include Judges of the Superior Courts; and for other purposes.
HB 135. By Messrs. Willingham, Bentley and Reed of Cobb:
A bill fixing, establishing and providing a salary for the Solicitor General of the Cobb Judicial Circuit; and for other purposes.
HB 164. By Messrs. Foster and Blalock of Clayton:
A bill to amend an Act placing the coroner of Clayton County on a salary rather than a fee basis; and for other purposes.
HB 201. By Messrs. Killian and Nightingale of Glynn:
A bill to provide that any person who by reason of loss or impairment of eyesight is accompanied by a dog commonly known as a "seeing eye dog" shall be entitled to certain equal privileges as other persons; and for other purposes.
HR 102. By Mr. Barber of Colquitt:
A resolution authorizing and directing the State Claims Advisory Board to study and investigate all of the resolutions presented to them, but unacted upon, during the interim between the 1955 and 1956 sessions, and report its findings to the 1956 session; and for other purposes.
The Senate has adopted the following resolution of the Senate to wit:
SR 36. By Senators Millican of the 52nd and Overby of the 33rd:
A Resolution thanking Lieutenant Governor Vandiver and Mrs. Vandiver and Speaker of the House Moate and Mrs. Moate for a delightful seafood dinner given to the members of the General Assembly and their ladies in Atlanta on the evening of February 3, 1955.
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit:
HB 198. By Messrs. Moate of Hancock, Groover of Bibb, Willingham of Cobb and others:
A bill to create the Georgia Rural Roads Authority; and for other purposes.
The Senate has disagreed to the House amendment to the Senate amendment to the following bill of the House and respectfully asks that a committee of conference be appointed.
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JOURNAL OF THE HOUSE,
HB 2. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb and others.
To be entitled an Act to provide for the registration of motor vehicles and issuance of motor vehicle licenses and license plates by tax collectors and tax commissioners of the various counties, and for other purposes.
The President has appointed on the part of the Senate as a committee of conference, Senators Millican of the 52nd, Davis of the 42nd and Overby of the 33rd.
By unanimous consent, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
HR 89-297i. By Mr. Bagby of Paulding:
A Resolution requesting certain law books for the Ordinary of Paulding 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 93-332b. By Mr. Murphy of Haralson:
A Resolution requesting certain law books for 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 104, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 96-332e. By Mr. Murphy of Haralson:
A Resolution requesting certain law books for 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 105, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
THURSDAY, FEBRUARY 3, 1955
407
SB 5. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to commissions for tax collectors 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following bill of the House was again taken up for consideration and read:
HB 161. By Messrs. Holley, Sanders and Chambers of Richmond:
A Bill to be entitled an Act to provide for the continued existence of the Richmond County Department of Health, and for other purposes.
The following substitute to HB 161, offered by the Richmond Delegation, was read and adopted :
A BILL
To be entitled an Act to provide for the continued existence of the Richmond County Department of Health in accordance with Article 11, Section 1, Paragraph VI of the Constitution of the State of Georgia, and to provide for the management and control of such public health department by the Richmond County Board of Health for the election, terms of office, organization, powers, compensation and duties of the members of said Richmond County Board of Health, for the method of financing said Department, for the appointment of powers and duties of the Commissioner of Public Health, for the tenure and compensation of its employees; to provide the punishment for violation of the rules, regulations or ordinances of the Richmond County Board of Health; to provide that the City Court of Richmond County shall try all cases of persons violating any rules, regulations or ordinances of the said Richmond County Board of Health; to provide that the expenses of the said Richmond County Department of Health shall be paid from the County Treasury of Richmond County, or from such other funds as the State Health Department shall appropriate to the Richmond County Department of Health, or from such funds as might be appropriated by the Federal Government, or other agencies, as grants in aid to said Richmond County Department of Health; to provide for the preparation, approval and adoption of its budget and for the levying and collecting of taxes by Richmond County for appropriations therefor; to provide that the said Richmond County Board of Health shall have authority to employ an attorney or attorneys as it deems necessary to properly conduct the affairs of the County Board of Health of Richmond County, Georgia, compensation for their services to be fixed by the said Richmond County Board of Health; to provide for the employment of a Commissioner of Health and to fix his qualifications and compensation; to provide that the incumbent Commissioner of Health shall continue to serve said Board until expiration of the
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JOURNAL OF THE HOUSE,
term of office to which he has been elected; to provide the time of meetings of the said Board; to provide that all terms and provisions of the Ellis Health Law shall be carried out by the Richmond County Board of Health which are not in conflict with the terms and provisions of this Act; to provide that all ordinances adopted by the Richmond County Board of Health shall become effective upon the caption thereof being advertised one time in the legal gazette of Richmond County, Georgia; to provide that all present rules and regulations heretofore adopted pertaining to sanitary measures shall be retained by said Department of Health until July 1, 1955, at which time the Department of Health shall publish in pamphlet form said rules and regulations, and when said rules and regulations and revised ordinances are adopted they shall become effective upon being printed in pamphlet form and advertised by being posted at the Court House door and the caption thereof being published one time in the legal gazette of Richmond County, Georgia; to provide for posting of warning placards and padlocking of establishments in violation of rules and regulations of said Board; to provide that the Richmond County Board of Health shall comply with the provisions of the Georgia Merit System in matters applying to employees in whose salaries the State Health Department participates; to provide that the Richmond County Board of Health may, by a majority vote of its membership, contract with adjacent and neighboring counties to become part of any multi-county health department which might be hereafter created in said counties in order to provide public health service in said counties; to provide that the Commissioner of Health of Richmond County and his deputies shall have police power and shall have the right to enter upon any premises in said County for the purpose of inspection and quarantine when it is considered necessary by said Commissioner or his deputies in order to protect the public health; to repeal all laws or parts of laws in conflict with the provisions of this Act; and for other purposes.
SECTION 1.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that there shall be a continued existence of the Richmond County Department of Health in accordance with Article 11, Section 1, Paragraph VI of the Constitution of the State of Georgia. Said Richmond County Department of Health shall be managed and controlled by the Richmond County Board of Health, which shall be composed as follows: 1. Chairman of the Board of Commissioner of Roads and Revenues of Richmond County, Georgia, or some member of the Board of Commissioner of Roads and Revenues of Richmond County, Georgia, appointed by the Chairman of said Board of Commissioner of Roads and Revenues of Richmond County, Georgia; 2. Mayor of the City Council of Augusta, or some member of the City Council of Augusta appointed by the Mayor of the City Council of Augusta; 3. President of the County Board of Education of Richmond County, Georgia; 4. One physician to be elected by the Grand Jury of said County at the expiration of the term of office of the present incumbent of said Board heretofore appointed by the Grand Jury of Richmond County. The new member hereafter elected by the Grand Jury of Richmond County shall serve for a term of four years beginning at the expiration of the now incumbent member's term; 5. One member to be appointed by the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, his term of office to begin
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409
upon his appointment by said Board and to expire on December 31, 1955, at which time the said Board of Commissioners of Roads and Revenues of Richmond County shall reappoint said member or his successor to serve for a period of three years beginning January 1, 1956; 6. One member to be appointed by the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, for a two-year term to begin upon his appointment by said Board and to expire on December 31, 1956, at which time the said Board of Commissioners of Roads and Revenues of Richmond County shall re-appoint said member or his successor to serve for a period of three years beginning J&nuary 1, 1957; 7. One member to be appointed by the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, for a three year term, said term to begin upon his appointment by said Board and to expire on December 31, 1957. Said member or his successor shall be appointed each three years thereafter; 8. One physician to be appointed by the Board of Commissioners of Roads and Revenues of Richmond County from a list of three nominated by the Richmond County Medical Society at the meeting of the Richmond County Medical Society next following passage of this Act, said member to serve until his successor is elected and qualified as hereinafter provided. Said Richmond County Medical Society shall nominate three physicians at its meeting next preceding January 1, 1956, and from said three so nominated the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, shall appoint one who shall serve as a member of the Board of Health of Richmond County for a term of three years beginning on the first day of January, 1956; 9. One physician to be appointed by the Commissioners of Roads and Revenues of Richmond County, Georgia, from a list of three nominated by the Richmond County Medical Society at the meeting of the Richmond County Medical Society next following passage of this Act, said member to serve until his successor is elected and qualified as hereinafter provided. Said Richmond County Medical Society shall nominate three physicians at its meeting next preceding January 1, 1957, and from said three so so nominated, the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, shall appoint one who shall serve as a member of the Board of Health of Richmond County for a term of three years beginning on the first day of January, 1957, all future members of said Board of Health of Richmond County shall be elected in the same manner as provided for in this Act.
SECTION 2.
All vacancies on said Board shall be filled by appointment in like manner as the original appointees to said Board. Any appointee to a vacancy on said Board shall serve only the unexpired term of his; predecessor on said Board.
SECTION 3.
The Richmond County Board of Health shall hold an organizational meeting on the first Thursday in the month next succeeding the passage of this Act in the offices of the Department of Health in Richmond County, Georgia. The Richmond County Board of Health shall then proceed to organize by electing one of its members as chairman and one as vice-chairman to serve the first Thursday in January, 1956, at which time said Richmond County Board of Health shall hold an
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organizational meeting and from its membership proceed to elect a chairman and vice-chairman for a term of four years from the said first Thursday in January, 1956. The Board shall elect one of its employees to serve as Secretary to said Board. All conveyances and contracts shall be executed on behalf of the Richmond County Department of Health by the Chairman or Vice-Chairman of the Board of Health, and the Commissioner of Public Health.
SECTION 4
The Richmond County Board of Health shall hold regular meetings not less frequently than once each month, the day and hour of which shall be fixed for the ensuing four years at its organizational meeting. Special meetings may be called by the Chairman, by the Vice-Chairman in the event of the absence of the Chairman or incapacity of the Chairman, by the Commissioner of Public Health, or by a majority of the members, provided that a written notice of the time and place of such meeting and of the subject or subjects to be considered thereat shall be dispatched by mail to each member of the Board at least 72 hours prior to the date of such meeting. At such special meetings only the subject or subjects referred to in such notice shall be acted upon. A majority of the members shall constitute a quorum for the transaction of business. The minutes of each meeting shall be recorded by the Secretary of such Board in a book provided for that purpose, which shall be a public record and open for inspection in the office of the Commissioner of Health during regular business hours. In the absence of the regularly elected Secretary, another employee of the Board shall be designated to act as Secretary for that meeting, by the Board.
SECTION 5.
And be it further enacted that the said Richmond County Department of Health shall be a body politic and corporate in law, and as such may contract and be contracted with, sue and be sued, plead and be impleaded in any Court of this State having competent jurisdiction, and receive any gift, grant, donation or devise made for the use of public health within its jurisdiction; and moreover it shall be, and it is hereby invested with the title, care and custody of the Richmond County Department of Health or any other real estate sites now or hereafter belonging to the Richmond County Department of Health, with power to control, lease, sell or convey the same as said Board may think will best serve the interest of public health in said county. Subject to the provisions of this Act, the Richmond County Department of Health by and through its Board of Health shall have power (a) to to purchase, lease or otherwise acquire real and personal property, and to construct, repair, maintain and operate the Public Health Department for said County; (b) equip the same including the laboratories and other facilities appropriate for public health service in said County; (c) to fix the compensation and prescribe the powers and duties of all employees including the establishment of a pay plan for said employees; (d) to adopt as hereinafter provided an annual budget for the support of said Department of Health of Richmond County; (e) to make rules and regulations necessary for the conduct of its business and the government of its employees.
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411
SECTION 6.
The Commissioner of Public Health shall be appointed by the Richmond County Board of Health for a four-year term, and may be removed by it, provided that he shall first be served a clear statement in writing of the cause of his removal and give an opportunity to be heard thereon at a public meeting of said Board to be held not less than 10 nor more than 20 days after the service of such statement. He shall be entitled to be represented by counsel at such hearing, and upon his request witnesses whose testimony is pertinent to the charges against him shall be subpoenaed by the Chairman or ViceChairman of said Board. After such hearing, decision of the Board, upon a vote of three-fourths of its members, shall be final, except that in the event of physical or mental incapacity of the Commissioner of Public Health then a majority shall be authorized to act. The Commissioner of Public Health shall be a physician qualified with and approved by the Merit System Board of Georgia, and it is deemed desirable that he have either a Master of Public Health degree from some recognized college or a diploma from the American Board of Preventive Medicine and shall have at least five years experience in a responsible position in some reputable public health agency. Provided further that the incumbent Commissioner of Health Dr. Abe J. Davis, shall continue to serve said Board until the expiration of the term of office to which he has been previously elected. The Commissioner of Public Health shall be the executive officer of the Richmond County Department of Health. He shall supervise the preparation of the annual budget and submit the same to the Board; attend all its meetings with the right to speak therein but not to vote. He shall nominate all employees for appointment by the Board, and shall generally supervise, direct and control the operation of the Richmond County Department of Public Health, its offices and employees.
He shall have power to require such reports from each employee as he may deem necessary or which may be required by law. Within two months of the close of each fiscal year, he shall prepare for submission to the Board a brief and comprehensive report of the activities and finances of the Richmond County Department of Public Health which shall be given to the press and be available to the public at the office of the Department of Health.
SECTION 7.
Financial Administration:
(a) The fiscal year of the Richmond County Department of Health shall begin on the first day of January and end on the last day of December.
(b) Not later than the 15th day of September in each year the Commissioner of Public Health shall submit to the Richmond County Board of Health a tentative budget for the fiscal year beginning on the succeeding 1st day of January. This budget shall contain estimates of expenditures as follows:
(1) a sum equal to any deficit incurred in the preceding fiscal year by the failure of the actual cash receipts to equal the expenditures for such year, including current obligations payable but not paid;
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(2) The cost of any other contractural obligation;
(3) The cost of operating the Richmond County Department of Health;
(4) Expenditures for other purposes for which said Richmond County Board of Health may legally appropriate money.
The budget shall also contain estimates of receipts. The estimate of expenditures for operating the Richmond County Department of Health shall be in detail, classified by activities and objects in accordance with the recommendations and regulations of the State Department of Health. The budget shall be so arranged as to show comparative data as to both revenue, cash receipts and expenditures for the last completed fiscal year. With the budget, the Commissioner of Public Health shall submit a summary of its contents and a brief explanation of the principal changes from the preceding year in either receipts or expenditures which shall be given to the press and made available at the office of the Department of Health for public inspection. There shall be sufficient copies of the budget itself to supply the members of the Board, and copies shall be kept on file for public inspection during regular business hours in the office of the Commissioner of Public Health. This budget shall be reviewed and studied by the Richmond County Board of Health and approved as a whole or such portions of it as the Board of Health may deem expedient and wise. The budget, after its approval by the Richmond County Board of Health, shall be submitted to the Board of Commissioners of Roads and Revenues of Richmond County, by whom it shall also be reviewed, studied, approved or disapproved as a whole or such portions of it as the said Board of Commissioners of Roads and Revenues of Richmond County may deem expedient and wise. Upon final approval, the budget shall then become the budget of the Richmond County Department of Health for the ensuing year, and the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, shall levy and collect a tax to meet the same and shall appropriate and turn over in a lump sum to the Richmond County Department of Health the amount of its budget as aforesaid. The payment by Richmond County to the Richmond County Department of Health of said monies may for convenience be divided into 12 equal monthly installments or otherwise as may be agreeable between the Board of Commissioners of Roads and Revenues of Richmond County and the Richmond County Board of Health.
The amounts authorized in the budget for expenditures for each object and activity shall be deemed to be appropriated therefor, and no expenditures shall be made or obligations be paid from the County Health Fund incurred except in accordance with such appropriations. Transfers from the appropriations from one activity or object, except from debt service, to another activity or object may be made at any time by the Board, but a supplementary or additional appropriation shall not be made unless it is first certified by the Commissioner of Public Health that there is an unappropriated and unincumbered surplus from which such appropriation can be made.
The Richmond County Department of Health funds shall consist Qf all monies belonging to the Department of Health, and not forming Qf any trust fund shall be kept in a bank or banks in Richmond County designated by the Richmond County Board of Health subject to any
THURSDAY, FEBRUARY 3, 1955
413
laws of the State of Georgia relating to the deposit of public funds. Money shall be paid out of the Richmond County Department of Health Funds only on orders signed by the Chairman or Vice-Chairman of the Board of Health of Richmond County and the Commissioner of Public Health of Richmond County. Payroll checks may be signed by facsimile signatures of the respective officers. The employee having custody of the payroll checks shall be bonded in such a manner as may be fixed from time to time by the Board, the premium to be paid from the Public Health Fund. The Commissioner of Public Health, Chairman and Vice-Chairman of the Richmond County Board of Health shall furnish to the Richmond County Board of Health surety company bonds in such amount as the Board may deem necessary, conditioned upon the faithful performance of their duties. The premium shall be paid from the County Health Fund.
SECTION 8.
Be it further enacted that each member of the Richmond County Board of Health shall be paid the sum of $10.00 for each meeting of the Board that he attends, whether the same be called or a regular meeting, provided that no member shall be paid more than $240.00 in any one year.
SECTION 9.
Be it further enacted that the Commissioner of Public Health shall receive for his services such compensation as the Richmond County Board of Health may from time to time prescribe to be paid out of the County Health Fund in the same manner as other bills.
SECTION 10.
The Richmond County Board of Health shall have the right to employ such attorney or attorneys as it deems necessary to properly conduct the affairs of the County Board of Health of Richmond County, Georgia, and to fix the compensation for their services.
SECTION 11.
Be it further enacted that all general laws upon the subject of public health now in force in this State or hereafter to be enacted by the General Assembly shall be effective in Richmond County so long as it does not interfere with or diminish or supersede the rights, powers, and privileges conferred upon the Richmond County Department of Health by this Act unless it shall be so expressly provided in said Act and by designating said Richmond County and the Department of Public Health of Richmond County under their respective names.
SECTION 12.
Be it further enacted that all ordinances hereafter adopted by the Richmond County Department of Public Health shall become effective upon the caption of said ordinance being advertised one time in the legal gazette of Richmond County, Georgia.
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SECTION 13.
Be it further enacted that all present rules and regulations pertaining to sanitary measures heretofore adopted by the said Richmond County Department of Public Health or by the Richmond County Board of Health shall remain in full force and effect until July 1, 1955, at which said time the Richmond County Board of Health shall publish in pamphlet form all of its rules and regulations and revised ordinances and the same shall become effective upon being printed in pamphlet form by said Board and advertised by being posted at the Court House door and the captions thereof being published one time in the legal gazette for Richmond County, Georgia.
SECTION 14.
Be it further enacted that said Richmond County Department of Health shall have the authority to post warning placards on establishments in violation of the rules and regulations of said Richmond County Board of Health, and said Board shall have the authority to order pad-locked any establishment in Richmond County, Georgia, which is considered to be in violation of the rules and regulations of the Richmond County Department of Health when said establishments are considered by the Board to endanger the public health in said County.
SECTION 15.
Be it further enacted that the Richmond County Board of Health shall comply with the provisions of the Georgia Merit System in matters applying to all employees in the said Department of Health in whose salaries the State Department of Health participates.
SECTION 16.
Be it further enacted that the Richmond County Board of Health, may, by majority vote of its membership, contract with adjacent and neighboring counties to become a part of any multi-county health department which might be hereafter created in said counties to participate in public health work in said counties.
SECTION 17.
Be it further enacted that the Commissioner of Health of Richmond County, and each of his deputies, shall have police power and shall have the right to enter upon any premises in said County for the purpose of inspection and quarantine when it is considered necessary to protect the public health in said County by the Commissioner of Public Health or his deputies.
SECTION 18.
Be it further enacted that the Judge of the City Court of Richmond County shall have jurisdiction to try all persons charged with the violation of any order, rule, regulation or ordinance of said County Board of Health. Appeals from the findings of the Judge of the City Court of Richmond County, Georgia, shall be made to appellate courts in the same manner as other appeals from the City Court are made.
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415
SECTION 19.
Be it further enacted that any person, firm or corporation who shall violate any rule, regulation or ordinance promulgated by the Richmond County Board of Health, shall, upon conviction, be punished as for a misdemeanor.
SECTION 20.
Be it further enacted that all laws or parts of laws in conflict with the provisions of this Act, be, and the same are hereby repealed.
SECTION 21.
If any proviSion of this Act or the applicability thereof to any person or circumstances is held invalid, the remainder of this Act and the applicability thereof and of such provisions to such other persons or circumstances shall not be affected thereby.
SECTION 22.
A copy of the notice of the intention to apply for this local legislation and affidavit of its authors that said notice has been published as required by law are attached hereto and made a part of this Act; and it is hereby declared by the authority aforesaid that all requirements of the Constitution relating to the notice of intention to apply for local legislation have been complied with for the enactment of this law.
Personally appeared before the undersigned officer duly authorized to administer oaths, W. W. Holley, R. Lee Chambers III, and Carl E. Sanders, who, on oath, depose and say that they are the authors of the foregoing legislation and that the following notice was published in the Augusta Chronicle, the official gazette for the Sheriff's advertising in Richmond County on the lOth, 17th and 24th days of December, 1954.
/s/ W. W. Holley W. W. Holley
/s/ R. Lee Chambers R. Lee Chambers
/s/ Carl E. Sanders Carl E. Sanders
Sworn to and subscribed to before me this 19 day of Jan., 1955.
/s/ John W. Sognier Notary Public, Chatham County, Georgia
AFFIDAVIT OF PUBLICATION
ATTORNEY or AGENCY BUSINESS
Frank Pierce County Attorney
STATE OF GEORGIA Richmond County
Personally appeared, JACK E. WEBB, who being duly sworn says
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that he is the Auditor of Newspaper Printing Corp., Agent for The Augusta Chronicle a daily newspaper published in Augusta, in said State and County, and that the advertisement Notice of Local Legislation-duly appeared in said newspaper on the following dates to wit: December-10-17-24-1954.
Is/ Jack E. Webb Sworn to and subscribed before me this 14th. day of January, 1955.
Is/ Geo. M. Peters Notary Public, Richmond County, Ga. Notary Public, Richmond County, Ga. My Commission expires June 16, 1956
(Notarial Seal Affixed)
NOTICE
The undersigned will introduce local legislation at the 1955 Session of the General Assembly of Georgia to provide as follows:
An Act to provide for the continued existence of the Richmond County Department of Health in accordance with Article 11, Section 1, Paragraph VI of the Constitution of the State of Georgia; and to provide for the management and control of such Health Department by the Richmond County Department of Health for the election, terms of office, organization, powers, compensation and duties of the members of the said Richmond County Department of Health, for the appointment of powers and duties of the Commissioner of Public Health, for the tenure and compensation of its employees; to provide the punishment for the violation of the rules, regulations or ordinances of the Richmond County Department of Health; and for other purposes; to repeal all laws or parts of laws in conflict with the provisions of said Act.
Dec. 10, 17, 24.
W. W. HOLLEY R. LEE CHAMBERS, III CARL E. SANDERS
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 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
SB 62. By Senator Page of the 1st:
A Bill to be entitled an Act to provide for appointment of members of the Savannah District Authority, and for other purposes.
THURSDAY, FEBRUARY 3, 1955
417
The report 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 189. By Messrs. Mauldin of Gordon, Campbell of Walker and others:
A Bill to be entitled an Act to change the compensation of the Sheriff 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 294. By Messrs. Birdsong and Lam of Troup:
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 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 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 340. By Mr. Hodges of Butts:
A Bill to be entitled an Act to create a new charter for the Town of Jenkinsburg, and for other purposes.
The report 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 341. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to incorporate the City of Lilburn, and for other purposes.
The report 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.
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The bill, having received the requisite constitutional majority, was passed.
HB 343. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the clerks of 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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 344. By Messrs. Lokey, M. Smith and H. Smith of Fulton: A Bill to be entitled an Act to amend an Act so as to provide an alternate pension plan for the 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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 345. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 348. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act relating to the Board of Education 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 3, 1955
419
HB 349. By Messrs. Foster and Blalock of Clayton: A Bill to be entitled an Act to amend an Act so as to provide zoning regulations for the City of Morrow, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 368. By Messrs. Lokey, H. Smith and M. Smith of Fulton: A Bill to be entitled an Act to amend an Act so as to create the positions of Trial Assistant Solicitors-General, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 355. By Messrs. Floyd and Weems of Chattooga: A Bill to be entitled an Act to amend an Act relating to the Board of Commissioners of Roads and Revenue of Chattooga County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
HB 356. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Councilmen of the City of Perry, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
The bill, having received the requisite constitutional majority, was pas<url.
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JOURNAL OF THE HOUSE,
HB 347. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Mayor 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 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 359. By Mr. Brown of Telfair:
A Bill to be entitled an Act to amend an Act so as to provide a telephone system for the City of McRae, and for other purposes.
The report 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 365. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act so as to provide for the date of the election of the members of the Griffin-Spalding 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 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 366. By Messrs. Hall, Wright and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act relating to the compensation of certain county officers 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 123, nays 0.
The bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 3, 1955
421
HB 369. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Chairman of the Board of County Commissioners of Taliaferro County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 370. By Messrs. Groover, McKenna and Carlisle of Bibb:
A Bill to be entitled an Act to approve and confirm certain acts of the Mayor and Council 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 125, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 371. By Messrs. Groover, McKenna and Carlisle of Bibb:
A Bill to be entitled an Act to ratify the conveyance of a portion of a certain alley to the Bibb Transit Company 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 126, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 372. By Messrs. Groover, McKenna and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act relating to appropriations to city libraries 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 127, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 373. By Messrs. McKenna, Groover and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act relating to the water 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 128, nays 0.
The bill, having received the requisite constitutional m~jority, was passed.
HB 357. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to authorize slum clearance by 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 129, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate disagreement to the House amendment to the Senate amendment thereto:
HB 2. By Messrs. Moats of Hancock, Willingham of Cobb and others:
A Bill to be entitled an Act to provide for the issuance of motor vehicle license plates by the tax collectors of the various counties, and for other purposes.
Mr. Groover of Bibb moved that the House insist on its position, that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate, and the motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following: Messrs. Groover of Bibb, Scoggin of Floyd and Williams of Cobb.
By unanimous consent, the following bills and resolution of the Senate were read the first time and referred to the Committees:
SB 53. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to amend an Act so as to provide that the liability of an agent, person, or corporations who shall endeavor to bind a non-existing principle on a contract with any third person, persons or corporation shall be determined by the rule of law now existing in this State relative to determining the liability of an agent
THURSDAY, FEBRUARY 3, 1955
423
who has exceeded his authority in contracting in behalf of his principle; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 66. By Senator Overby of the 33rd and others:
A Bill to be entitled an Act to provide for the rehabilitation, clearance and redevelopment of slums in cities and towns in this State in accordance with urban redevelopment plans approved by the governing bodies thereof, and for other purposes.
Referred to the Committee on State of Republic.
SR 33. By Senator Neel of the 7th:
A Resolution to establish a committee to study proposed revisions of Workmen's Compensation Law; and for other purposes.
Referred to the Committee on State of Republic.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 198. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to create the Georgia Rural Roads Authority, and for other purposes.
The following Senate amendments were read:
Senator Millican of the 52nd moves to amend HB 198, Section 4, page 5, Paragraph (F), Line 3, by striking the figures "40" and inserting "60".
Senator Millican of the 52nd moves to amend HB 198, page 5, Section 5 (c), line 6 by adding the following: "Any excess of this amount shall be personal liability of members".
Senator Millican of the 52nd moves to amend HB 198, Section 13, line 5 by striking the words "upon order of the Governor".
Mr. Groover of Bibb moved that the House agree to the Senate amendments to HB 198.
On the motion to agree, the ayes were 115, nays 0.
The Senate amendments to HB 198 were agreed to.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 223. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide for the expiration of drivers' licenses, and for other purposes.
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JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 11.
The bill, having received the requisite constitutional majority, was passed.
Messrs. Smith of Emanuel, Ray of Warren, and Bagby of Paulding requested that the Journal show them as having voted against the passage of HB 223.
The bill was ordered immediately transmitted to the Senate.
Under the regular order of business, the following Bill of the House was again taken up for consideration and read:
HB 104. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend the Code relating to payment of assessors of costs in condemnation proceedings, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Section 36-605 of the Code of Georgia of 1933, relating to the entry of notice and award and payment to assessors of costs in condemnation proceedings, as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1404), so as to provide that the corporation or person condemning shall pay to each assessor at least $10.00 for each day or any fraction thereof, provided that upon showing of extraordinary services or expenses, the Judge of the Superior Court may award costs in excess of the above amount for each day or fraction thereof devoted by each assessor to any case; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Section 36-605 of the Code of Georgia of 1933, relating to the entry of notice and award, and the payment to assessors of costs in condemnation proceedings, as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1404), is hereby amended by striking the following words: "the costs for the condemnation proceedings to each assessor not exceeding $2.00 per day," and inserting in lieu thereof the following: "to each assessor at least $10.00 for each day or any fraction thereof, provided that upon showing of extraordinary services or expenses, the Judge of the Superior Court may award costs in excess of the above amount for each day or fraction thereof devoted by each assessor to any case," so that when so amended Section 36-605 shall read as follows:
"Section 36-605. Notice and award to be entered on minutes.-
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425
In all cases the clerk shall enter the notice and award thereon upon the minutes of the court, and the corporation or person condemning shall pay to each assessor at least $10.00 for each day or any fraction thereof, provided that upon showing of extraordinary services or expenses the Judge of the Superior Court may award costs in excess of the above amount for each day or fraction thereof devoted by each assessor to any case, and other cost as now provided by law in civil cases in the Superior Court: Provided, however, that in any cases in which any county of this State having a population of 300,000 or more, according to the present or any future United States census, condemn property lying within the limits of such county, said county so condemning shall pay to each assessor such costs as shall be fixed in said case by the Judge of the Superior Court, not to exceed $25 for each day or fraction thereof devoted by such assessor to the case."
SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment was read and adopted:
Mr. Bentley of Cobb moves to amend the substitute to HB 104 by inserting the following: "The State of Georgia, its political subdivisions, shall be exempt from the provisions of this Bill."
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 103, nays 6.
The bill, having received the requisite constitutional majority, was passed by substitute, as amended.
Under the regular order of business, the following bills and resolutions of the House were taken up for consideration and read the third time:
HB 146. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to amend the Intangible Property Tax Act, and for other purposes.
The following Committee substitute was read:
AN ACT
To amend the Intangible Property Tax Act of 1953, approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Session, p. 379-390), so as to require the intangible tax on long term notes secured by real estate, imposed by Section 4, Part I of the Act, to be paid to the tax collector or tax commissioner or his deputy prior to the presentation of the security instrument for recordation with the clerk of the court
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rather than the clerk of the court collecting the tax as now provided by the Act; to provide for a certificate showing the payment of the tax; to provide for fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
That the Intangible Property Tax Act of 1953, approved December 22, 1953, (Ga. Laws 1953, Nov.-Dec. Session, p. 379-390) is hereby amended by striking from said Act all of Section 4, Part I of that Act and substituting therefor the following section, so that Section 4 shall read:
"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 security 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, prior to presenting such instrument to the clerk of the court for recording, present such security instrument to the tax collector or tax commissioner or his deputy of the county in which the real estate is situated who shall determine from the face of the security instrument the date of execution, the maturity date of the note and the principal amount thereof, and shall collect from the holder of such long term note a tax measured by the amount of the debt as evidence in the security instrument 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 single note when the security instrument is so recorded shall be TEN THOUSAND ($10,000.00) DOLLARS tax."
SECTION 2.
Said Act is further amended by striking Section 5, Part I and in lieu thereof inserting the following, so that Section 5 shall read:
"Section 5. Upon payment of the correct tax as disclosed from the information recited on the face of the security instrument, the tax collector or tax commissioner or his deputy shall enter upon or attach to such security instrument a certification of the fact that the intangible tax as provided by Section 4, Part I of this Act has been paid, the date and the amount thereof, and shall be signed by the tax collector or tax commissioner or his deputy. The holder of such a long term note upon which the tax has been paid as provided by this Act may then present the security instrument, together with the certificate, to the clerk of the superior court of the county in which the real estate is situated who shall then be permitted to file the security instrument for record. It is the intention of the General Assembly of Georgia that this 'recording tax' imposed by Section 4, Part I of this Act shall be paid to the tax collector or tax commissioner prior to and as a prerequisite to the filing for record
THURSDAY, FEBRUARY 3, 1955
427
of the real estate instrument securing said note with the clerk of the court, and that the clerk of the court shall not be permitted to file for record such an instrument unless the security instrument discloses on its face the principal amount of the note, the date executed and the due date, and the certificate of the tax collector or tax commissioner or his deputy showing that this tax has been paid upon such note. The filing for record with the clerk of the court of a real estate instrument securing a long term note, without payment of the intangible tax imposed by Section 4, Part I of this Act in the manner prescribed by this Act, shall not constitute legal notice to anyone. The certificate entered upon or attached to the security instrument shall be recorded with the security instrument and shall be in such form as the State Revenue Commissioner may require, but in any event shall bear the signature of the tax collector or tax commissioner or his deputy.
SECTION 3.
Said Act is further amended by striking Section 8, Part I and in lieu thereof inserting the following section, so that Section 8 shall read:
"Section 8. Each tax collector or tax commiSSIOner in this state shall make a report to the State Revenue Commissioner, on forms prescribed by him, on the first day of each month, of all sums collected under this Act for the preceding month, showing the principal amount of the note, the date of execution, and the maturity date of the note as disclosed from the face of the security instrument to be recorded, and the tax collector or tax commissioner shall retain six (6%) per cent of the tax collected as compensation for his services in collecting this tax. All such taxes shall be deemed to have been collected by the tax collector or tax commissioner in his official capacity, and failure to collect and distribute as provided by law shall constitute a breach of official duty, and of the official bond of such tax collector or tax commissioner. In each county in which the tax collector or tax commissioner is on a salary, the six (6 o/o ) per cent allowed by this section as compensation shall be paid into the county treasury and become county property. The long term notes secured by real estate upon which this tax is imposed shall not be placed upon the property tax digest prepared and maintained by the tax receiver. It is the intention of the General Assembly that the six (6 o/o) commission permitted under this Act for collection of this tax by the tax collector or tax commissioner and distribution thereof shall be the only compensation permitted to any county official with respect to this tax; provided, however, that in counties having a population of more than 300,000 according to the last or any subsequent United States census, the commission allowed under this Act as compensation to the tax collector or tax commissioner shall be four (4%) per cent."
SECTION 4.
Said Act is further amended by striking from the first sentence of Section 9, Part I, the word "clerk" and in lieu thereof inserting the
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words "tax collector or tax commissioner," and adding an additional sentence to follow said first sentence so that Section 9 shall read:
"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 tax collector or tax commissioner of the county in which such instruments first recorded. When there has been entered on such security instrument the certificate of the tax collector or tax commissioner or his deputy that the tax imposed by Section 4, Part I of this Act has been paid, the instrument upon which such certificate is attached may thereafter be recorded in any other county of this State without payment of any further tax.
"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 non-resident 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."
SECTION 5.
Said Act is further amended by striking Section 15, Part I, and in lieu thereof inserting the following section, so that Section 15 shall read:
"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, where it is made to affirmatively appear that the tax as provided by this Act has been paid on the original security instrument heretofore recorded."
SECTION 6.
All laws and parts of laws in conflict with this Act are hereby repealed.
By unanimous consent, further consideration of HB 146 was postponed until Monday, February 7, 1955, immediately following the period of unanimous consents.
HR 86-297f. By Mr. Harrison of Jeff Davis:
A Resolution authorizing the conveyance to the City of Hazlehurst of a certain tract of land, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
THURSDAY, FEBRUARY 3, 1955
429
On the adoption of the resolution, the ayes were 109, nays 0.
The resolution having received the requisite constitutional majority, was adopted.
HB 153. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to prohibit the solicitation of votes on election days, and for other purposes.
The following amendment was read and adopted:
Mr. Watson of Dougherty moves to amend HB 153 by adding a proviso at the end of Section 5 to read as follows: "Provided, however, that nothing contained herein shall be construed to repeal any local legislation heretofore passed dealing with the same subject matter in any individual county or municipality of this State."
An amendment offered by Mr. Kennedy of Turner 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, 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.:
Adams Barber of Colquitt Bentley Birdsong Black Bodenhamer Bolton Caldwell Carlisle Cason Cheek Cloud Coker of Cherokee Coker of Walker Deal Denmark Denson Duncan Elder Fain Floyd Flynt Fordham Foster Fowler of Tift
Freeman Frier Gilleland Green of Rabun Greene of Crisp Groover Gross of Dade Gunter Hall Harrison of Jeff Davis Harrison of Wayne Hayes Henderson Hogan Jackson Jessup Johnson of Jenkins Kelley Kennedy of Tattnall Killian Lam Lanier Lindsey Lokey Mackay
Mallory Matheson of Hart Matthews McGarity McKelvey McKenna McWhorter Mincy Moorman Murphy of Haralson Murr Musgrove Nightingale Odom Parker Perkins Phillips of W alt<n Potts Raulerson Reed Rodgers Roughton Ruark Sanders Scoggin
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JOURNAL OF THE HOUSE,
Sheffield Short Sivell Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Souter Stephens of Clarke
Strickland Stripling Tanner Tarpley Terrell Turk Underwood of Bartow Upshaw
Veal Walker Watson Weems Willingham Wilson of Peach Wooten Wright
Those voting in the negative were Messrs.:
Ayers Bagby Barber of Jackson Baughman Blackburn Blalock Boggus Campbell Chambers Cheatham Clary Cotton Coxwell Deen Drinkard Edenfield Eyler Garrard Gillis
Gross of Stephens Hardaway Harrell Harris Hawkins Holley Houston Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jordan Key King of Whitfield Kitchens Land Long Love Lowe Martin
Mauldin McCracken Mobley Pelham Phillips of Columbia Ramsey Rowland Russell Sognier Stevens of Marion Todd Truelove Twitty Underwood of
Montgomery Wheeler Williams Wilson of Towns
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 99, nays 55.
The bill having failed to received the requisite constitutional majority, was lost.
Mr. Harrison of Wayne gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 153.
HB 184. By Messrs. Mincy of Ware and Harrison of Wayne: A Bill to be entitled an Act to regulate the sale of funeral merchandise on the prepayment plan, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 3, 1955
431
HB 336. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act relating to zoning regulations, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 149. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to amend the Code so as to permit the shooting of misdemeanor cases attempting escape, and for other purposes.
The following amendment was read and adopted:
Mr. Groover of Bibb moves to amend HB 149 by striking the last sentence of Section 1 and inserting in lieu thereof the following: "provided that police officers and guards may shoot a fleeing prisoner who has been convicted of a misdemeanor to prevent his escape from the chain gang or place of confinement or imprisonment for such misdemeanor whenever all other reasonable means to prevent the escape have been exhausted."
Mr. Parker of Appling moved the previous question and the call was sustained.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 61, nays 66.
The bill having failed to receive the requisite constitutional majority, was lost.
Mr. Harrison of Wayne gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 149.
HB 260. By Messrs. Turk of Wilcox, Groover of Bibb, and others:
A Bill to be entitled an Act to amend the Code so as to provide that evidence procured in an unlawful search shall not be admissible in evidence, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
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JOURNAL OF THE HOUSE,
The bill having received the requisite constitutional majority, was passed.
HB 314. By Messrs. Chambers of Richmond, Short of Colquitt and others:
A Bill to be entitled an Act to amend the Code so as to provide that statements taken by insurance adjusters within 72 hours of an accident shall not be admissible, and for other purposes.
The following amendment was read and adopted:
Mr. Watson of Dougherty moves to amend HB 314 by deleting the words "statements or other communications" and the word "or oral" wherever they appear in the title or in the body of said bill.
Mr. Parker of Appling moved the previous question and the call was sustained.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 57, nays 52.
The bill having failed to receive the requisite constitutional majority, was lost.
Mr Chambers of Richmond gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 314.
HB 177. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to provide that the State Board of Registration for Professional Engineers and Land Surveyors shall be empowered to bring suit in any court, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 9.
The bill having received the requisite constitutional majority, was passed.
Mr. Kelley of Gwinnett gave notice that at the proper time he would move that the House reconsider its action in passing the following Bill of the House:
HB 341. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act incorporate the City of Lilburn, and for other purposes.
The following Resolution of the Senate was read and adopted:
THURSDAY, FEBRUARY 3, 1955
433
SR 36. By Senators Millican of the 52nd and Overby of the 33rd:
A Resolution thanking Lieutenant Governor and Mrs. Vandiver and Speaker of the House Moate and Mrs. Moate for a delightful seafood dinner given to the Members of the General Assembly and their ladies in Atlanta on the evening of February 2, 1955, and for other purposes.
The following Resolution of the House was read and referred to the Committee on State of Republic:
HR 126. By Mr. Ivey of Newton:
A Resolution to establish a committee to make studies and investigations as to the efficiency of the administration of the State Government, and for other purposes.
Mr. Groover of Bibb moved that the House adjourn until Monday morning at 10:00 o'clock, and the motion prevailed.
The Speaker announced the House adjourned until Monday morning at 10:00 o'clock.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Monday, February 7, 1955.
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:
Adams Allen Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Cates Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Deen Denmark Denson Dozier Drinkard Duke Duncan Edenfield
Elder English Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harris Harrison of Jeff Davis Hawkins Hayes Henderson Hendrix Hogan Holley Houston Huddleston Hudson Hurst Ivey Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter
Jordan Kelley Kennedy of Tattnall Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long
Love Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKenna McWhorter Mincy Mobley Moore
Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom
MONDAY, FEBRUARY 7, 1955
435
Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray
Reed Register Rodgers Roughton Rowland Ruark Russell
Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley Terrell Todd
Truelove Turk Twitty Underwood of Bartow Upshaw Veal Walker Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker
Those not answering the roll call were Messrs.: Bentley, Chastain, Eyler, Goodson, Harrison of Wayne, Hodges, Jackson, Kennedy of Turner, McKelvey, Rutland, and Underwood of Montgomery.
Mr. Boggus of Ben Hill, Chairman of the Committee on Journals, reported that the Journal of last Thursday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House. 2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Biiis and Resolutions, favorably reported.
5. Third reading and passage of local biiis and general biiis with local application.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker in his discretion may call up any biii or resolution on the general calendar in any order he deems advisable.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
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JOURNAL OF THE HOUSE,
HB 418. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to provide revenue and source of revenue for the purpose of paying pensions to the Firemen of the State of Georgia, and for other purposes.
Referred to the Committee on State of Republic.
HB 419. By Messrs. Moate of Hancock, Groover of Bibb, Scoggin of Floyd, Willingham of Cobb, Coker of Cherokee, Musgrove of Clinch and others:
A Bill to be entitled an Act to prohibit the throwing or depositing of trash, garbage, or other substance upon the public roads or public property of this State, and for other purposes.
Referred to the Committee on State of Republic.
HB 420. By Messrs. Raulerson of Echols, Parker of Appling, Tanner and Hayes of Coffee and Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act which prohibits the use of traps, poisons, drugs or explosives for hunting wild animals, and for other purposes.
Referred to the Committee on Game and Fish.
HB 421. By Messrs. Matthews of Clark, Clary of McDuffie and Boggus of Ben Hill:
A Bill to be entitled an Act to provide for the procurement of group insurance for County employees and to authorize counties to pay the premiums thereon, and for other purposes.
Referred to the Committee on Insurance.
HB 422. By Mr. Sanders of Richmond:
A Bill to be entitled an Act to provide a new method of imposition, computation and rate of income tax which new provisions shall provide that the Tax shall be ratio or percentage of the tax due to the U. S. under the Federal Internal Revenue Code; and for other purposes.
Referred to the Committee on Ways and Means.
HB 423. By Mr. Harrell of Grady:
A Bill to be entitled an Act to provide for the width, length, weight and height of vehicles hauling logs, pulp wood and poles, and for other purposes.
Referred to the Committee on State of Republic.
HB 424. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb, Scoggin of Floyd and Sheffield of Brooks:
A Bill to be entitled an Act to provide for the manner in which licenses granted by the State of Georgia, or by any other duly authorized
MONDAY, FEBRUARY 7, 1955
437
licensing authority, authorizing the manufacture of malt beverages may be revoked and renewed, and for other purposes.
Referred to the Committee on State of Republic.
HB 425. By Messrs. Willingham of Cobb, Groover of Bibb and Rowland of Johnson:
A Bill to be entitled an Act to amend an Act to provide a uniform method of fixing, limiting and restricting the salary, allowance and travel expense to be paid elected officials; to provide for the payment of certain other necessary expenses for the Commissioner of Labor; and for other purposes.
Referred to the Committee on State of Republic.
HB 426. By Messrs. Holley, Sanders and Chambers of Richmond:
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 having a population of not less than 100,000 inhabitants and not more than 110,000 inhabitants, the Clerk of the Superior Court and other officers and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 427. By Messrs. Willingham, Reed and Bentley 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 change the tax rate; and for other purposes.
Referred to the Committee on Municipal Government.
HB 428. By Messrs. Bagby of Paulding, Cornelius and McKelvey of Polk, Murphy of Haralson and Fowler of Douglas:
A Bill to be entitled an Act to create the office of Assistant SolicitorGeneral of the Tallapoosa Judicial Circuit, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 429. By Mr. Matheson of Hart:
A Bill to be entitled an Act to amend an Act incorporating the City of Hartwell, and for other purposes.
Referred to the Committee on Municipal Government.
HB 430. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Eastman, and for other purposes.
Referred to the Committee on Municipal Government.
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JOURNAL OF THE HOUSE,
HB 431. By Mr. Mull of Fannin:
A Bill to be entitled an Act to amend an Act creating a new charter and incorporating the City of McCaysville, and for other purposes.
Referred to the Committee on Municipal Government.
HB 432. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to define the corporate limits in the territory known as the Forest Hills and Wheeler Heights area, and for other purposes.
Referred to the Committee on Municipal Government.
HB 433. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, to authorize the City Council of Augusta to improve the sidewalks of the City, and for other purposes.
Referred to the Committee on Municipal Government.
HB 434. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to authorize the Board of Education of Athens to sell certain described property without the necessity of a public auction, and for other purposes.
Referred to the Committee on Municipal Government.
HB 435. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to grant a new charter to the City of Winterville, now incorporated as the Town of Winterville; and for other purposes.
Referred to the Committee on Municipal Government.
HB 436. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to repeal an Act entitled An Act to provide for a budget in all counties of this State having a population of 200,000 or more. To define the word Authorities as used herein; so as to provide that the Comptroller shall be Budget Officer, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 437. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to fix the salaries of the judges of Juvenile Courts in counties of Georgia having a population of 400,000 or more; and for other purposes.
Referred to the Committee on Counties and County Matters.
MONDAY, FEBRUARY 7, 1955
439
HB 438. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled An Act to provide in Fulton County a system for pensions and retirement pay to teachers and employees of the Board of Education, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 439. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act entitled An Act to consolidate the office of tax receiver and tax collector in the County of Carroll, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 440. 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 own and operate, either alone or jointly with other political subdivisions of this State, a nursing Home for the care of aged, and for other purposes.
Referred to the Committee on Municipal Government.
HB 441. 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 enlarge the corporate limits of the City of Athens, and for other purposes.
Referred to the Committee on Municipal Government.
HB 442. 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 close that portion of Childs Street lying between Prince Avenue and Meigs Street within the corporate limits of the City of Athens, and for other purposes.
Referred to the Committee on Municipal Government.
HB 443. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act entitled An Act to establish a City Court in the County of Clarke, and for other purposes.
Referred to the Committee on Municipal Government.
HB 444. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act so as to provide that Coroners in Counties having a population of not less than 120,000 and
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JOURNAL OF THE HOUSE,
not more than 145,000, shall receive a salary in lieu of the fees allowed by law for holding inquests; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 445. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to amend an Act to provide for a county planning and zoning commission and county board of zoning appeals, and providing for their creation, organization functions and powers, and for the planning and zoning of said counties, in counties having a population of between 108,000 and 112,000, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 446. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts and providing the procedure connected therewith in counties having a population of less than 35,000, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 447. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to authorize the Ordinary of any county having a population of not less than 62,000, to maintain Microfilm records of newspaper, the official organ of the county, or other newspapers and such other records as may be required by law; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 448. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A Bill to be entitled an Act to provide that before any petition is heard in the Superior Court of Baldwin County, the petitioner shall deposit a sum sufficient to pay all costs of the court in the trial of the case excepting the cost of jurors or shall make sufficient bond to cover said cost to the Clerk of the Superior Court of Baldwin County; this relates to lunacy trials of persons at the Milledgeville State Hospital, and for other purposes.
Referred to the Committee on Georgia State Sanitarium.
HB 449. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A Bill to be entitled an Act to amend an Act relating to lunacy trial of persons at Milledgeville State Hospital, so as to provide how a trial may be demanded and had, and to provide methods and procedures for such trials and the court in which such trials may be had; and for other purposes.
Referred to the Committee on Georgia State Sanitarium.
HR 127-449a. By Mr. Baughman of Early: A Resolution authorizing and directing the State Librarian to furnish
MONDAY, FEBRUARY 7, 1955
441
certain books to the Clerk of the Superior Court of Early County, and for other purposes.
Referred to the Committee on Public Library.
HR 128-449b. By Mr. Bolton of Spalding:
A Resolution authorizing the payment of damages to Louis H. Crawford occasioned to his automobile while using it in the scope of his State employment, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 129-449c. By Mr. Murphy of Haralson:
A Resolution to compensate Preston Morris for damages to his automobile caused by an employee of the State Highway Department operating a State owned vehicle; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 130-449d. By Mr. Barber of Jackson:
A Resolution to compensate the Jackson Electric Membership Cooperative for damages to electric transmission lines, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 131-449e. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Resolution to create the Georgia Water Law Revision Commission; to survey the water laws and problems of this State; and for other purposes.
Referred to the Committee on State of Republic.
HB 450. By Messrs. Bodenhamer of Tift and Tarpley of Union:
A Bill to be entitled an Act to make it unlawful for any person to employ in any capacity whatsoever a person under twenty-one years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are sold or offered for sale; and for other purposes.
Referred to the Committee on Temperance.
Mr. Bodenhamer of Tift moved that HB 450 be engrossed.
On the motion, the ayes were 110, nays 0.
The motion prevailed, and HB 450 was ordered engrossed.
HB 451. By Messrs. Bodenhamer of Tift and Barber of Jackson:
A Bill to be entitled an Act to repeal an Act entitled "An Act to authorize and empower the Board of Education of any county or independent school system to reorganize the schools within their jurisdic-
442
JOURNAL OF THE HOUSE,
tion 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 452. By Messrs. Bodenhamer of Tift and Barber of Jackson:
A Bill to be entitled an Act to amend an Act relating to the definition of "Employer" and "Employee" under the Workmen's Compensation Law, so as to include school districts within the term "employer"; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 453. By Mr. Barber of Jackson:
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", so as to prescribe the punishment to be imposed upon persons violating the provisions of said Act by the illegal manufacturer, sale, possession or transportation of intoxicating spirituous liquors; and for other purposes.
Referred to the Committee on Temperance.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Bodenhamer of Tift 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 325. Do Pass, as amended.
Respectfully submitted,
Bodenhamer of Tift,
Chairman.
Mr. Mauldin of Gordon 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 145. Do Pass, by substitute.
Respectfully submitted,
Mauldin of Gordon,
Chairman.
MONDAY, FEBRUARY 7, 1955
443
Mr. Moorman of Lanier 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 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 403. Do Pass.
SR 6. Do Pass.
Respectfully submitted,
Moorman of Lanier,
Chairman.
Mr. Callier of Talbot County, Chairman of the Committee on Public Property, submitted the following report:
Mr. Speaker:
Your Committee on Public Property has had under consideration the following Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 123-415a. Do Pass.
SR 17.
Do Pass.
HR 112-369. Do Pass.
HR 120-392d. Do Pass.
Respectfully submitted,
Callier of Talbot,
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 114-369. Do Pass. HR 39-130d. Do Pass. HR 52-193c. Do Pass.
Respectfully submitted, Barber of Colquitt, Chairman.
444
JOURNAL OF THE HOUSE,
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 282. Do Pass, as amended.
HB 350. Do Pass.
Respectfully submitted,
Drinkard of Lincoln,
Chairman.
Mr. Blalock of Clayton County, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 268. Do Pass, by substitute.
Respectfully submitted,
Blalock of Clayton,
Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate, favorably reported, were read the second time:
HB 325. By Messrs. Potts and Stripling of Coweta and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act relating to meetings of the County Boards of Education, and for other purposes.
RB 350. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend an Act creating the State Office Building Authority, relating to property owned by the State of Georgia and known as the Confederate Soldiers' Home property, and for other purposes.
HB 403. By Messrs. Hayes of Coffee, Henderson of Atkinson, Moorman of Lanier and Cocke of Terrell :
A Bill to be entitled an Act to create a Division in the office of the Secretary of State, to be known as the Georgia State Museum of Science and Industry, and for other purposes.
MONDAY, FEBRUARY 7, 1955
445
HR 39-130d. By Mr. Roughton of Washington:
A Resolution to compensate Oliver B. Humphrey for damages to his automobile; and for other purposes.
HR 52-193c. By Messrs. Gunter and Williams of Hall:
A Resolution to compensate Mr. Paul Fouts for damages caused by State Highway Department Maintenance Crew, and for other purposes.
HR 112-369f. By Mr. Flynt of Taliaferro:
A Resolution ratifying an easement granted by the State of Georgia to the Board of Education of Taliaferro County; and for other purposes.
HR 114-369h. By Mr. Bentley of Cobb:
A Resolution to compensate T. P. Price and Mrs. Price, Smyrna, Georgia for injuries and property damage they received in an accident with a State Highway Patrol vehicle; and for other purposes.
HR 120-392d. By Messrs. Denson and Watson of Dougherty and Cocke o:f Terrell:
A Resolution proposing the conveyance by the Governor of part of the Georgia Wildlife Experiment Station situated in Dougherty and Terrell Counties, and for other purposes.
HR 123-415a. By Mr. Rowland of Johnson:
A Resolution to authorize the Governor acting on behalf of the State, to convey certain property to Johnson County, and for other purposes.
SR 6. By Senator Millican of the 52nd:
A Resolution authorizing the placing of marble busts of the three Georgia signers of the Declaration of Independence in the Georgia Hall of Fame at the State Capitol, and for other purposes.
SR 17. By Senator Overby of the 33rd:
A Resolution proposing the development of a State Park in Hall 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 43. By Senator Overby of the 33rd: A Bill to be entitled an Act to amend Title 114 of the Code of Georgia
446
JOURNAL OF THE HOUSE,
of 1933, as amended, which title relates to Workmen's Compensation; relating to the amount, computation, and payment of compensation; relating to medical attention and physical examinations; and for other purposes.
SB 63. By Senator Ricketson of the 19th:
A Bill to be entitled an Act to amend the Act creating a Commissioner of Roads and Revenues of Warren County, Georgia, approved August 7, 1925 (Georgia Laws 1925, Pages 789 to 797, inclusive), as amended by an Act of the General Assembly approved February 3, 1949 (Georgia Laws 1949, Pages 130, 131, and 132) and as amended by an Act of the General Assembly approved February 4, 1953, (Georgia Laws, Pages 2076, 2077, and 2078), by striking from Section 5 thereof the figures $750.00; and for other purposes.
SB 74. By Senator Overby of the 33rd:
A Bill to be entitled an Act authorizing a municipal corporation, a county, or any other political subdivision of the State to procure insurance to cover liability for damages on account of bodily injury or death on account of bodily injury or death resulting therefrom to any person, or both, arising by reason of ownership, maintenance, operation, or use of any motor vehicle; and for other purposes.
SR 31. By Senator Shurling of the 21st:
A Resolution to authorize the Governor acting on behalf of the State, to convey certain property to Johnson County; and for other purposes.
HB 83. By Mr. Ayers of Madison:
A Bill to be entitled an Act to amend an Act abolishing the office of tax-receiver and tax-collector of Madison County; and for other purposes.
SB 71. By Senator Ursrey of the 54th: A Bill to be entitled an Act to prescribe how fertilizer samples shall be taken; and for other purposes.
HB 124. By Mr. Parker of Appling:
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 Appling; and for other purposes.
HB 125. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act providing for the hours of opening and closing polling places in counties having a population of at least 22,600 and not more than 23,300; and for other purposes.
HB 130. By Messrs. Williams and Gunter of Hall: A Bill to be entitled an Act to amend Act No. 718 relating to pro-
MONDAY, FEBRUARY 7, 1955
447
cedures for recalling County Commissioners of Hall County; and for other purposes.
HB 160. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to create a three member Board of Commissioners of Roads and Revenues of Clayton County; to provide for Commissioner Districts; and for other purposes.
HB 167. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to authorize the establishment of limited access highways in counties having a certain population; and for other purposes.
HB 181. By Messrs. Groover of Bibb, Scoggin of Floyd and others:
A Bill to be entitled an Act creating the office of Judge of the Superior Court Emeritus, so as to change the service qualifications; and for other purposes.
HB 212. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to the fees paid to coroners in counties having a population of not less than 15,200 and not more than 15,900, by providing that the coroner shall be paid a salary in lieu of fees; and for other purposes.
HB 225. By Messrs. Nightingale and Killian of Glynn:
A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick; and for other purposes.
HB 243. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "An Act to empower Muscogee County to acquire, construct, reconstruct, improve, maintain and extend public sewers, etc.; and for other purposes.
HB 245. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act creating the City Court of Columbus; and for other purposes.
HB 246. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act authorizing Muscogee County and the governing authority of said county to provide for the construction, grading, paving, repairing and maintenance of roads, etc.; and for other purposes.
HB 247. By Messrs. Pickard, Young and Nilan 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; and for other purposes.
448
JOURNAL OF THE HOUSE,
HB 249. By Messrs. Pick-ard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act entitled An Act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees; and for other purposes.
HB 256. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act establishing the City Court of Elberton; and for other purposes.
HB 262. By Messrs. Turk of Wilcox, Boggus of Ben Hill, Greene of Crisp and Brannen of Dooly:
A Bill to be entitled An Act to abolish the fee system existing in the Superior Court of Cordele Judicial Circuit as applied to the office of official court reporter in felony cases; and for other purposes.
HB 300. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled An Act to amend an Act establishing a City Court of Griffin, so as to provide a contingent expense allowance to the Judge and Solicitor of such Court; and for other purposes.
HR 26-83b. By Messrs. Watson and Denson of Dougherty:
A Resolution to provide the Clerk of the Superior Court of Dougherty County certain enumerated law books; and for other purposes.
HR 27-83c. By Messrs. Watson and Denson of Dougherty:
A Resolution to provide the Court of Ordinary of Dougherty County certain enumerated law books; and for other purposes.
HR 29-83e. By Mr. Stevens of Marion:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Marion County certain law books; and for other purposes.
HR 30-83f. By Mr. Stevens of Marion:
A Resolution to provide the Ordinary of Marion County, Georgia, with enumerated volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals reports.
HR 51-193b. By Mr. Musgrove of Clinch:
A Resolution authorizing and directing the State Librarian to furnish certain books to the Ordinary of Clinch County, and for other purposes.
HR 53-193d. By Messrs. Peters and Hardaway of Meriwether:
A Resolution to furnish the Court of Ordinary of Meriwether County certain law books; and for other purposes.
MONDAY, FEBRUARY 7, 1955
449
HR 97-332f. By Messrs. Floyd and Weems of Chattooga and others:
A Resolution to establish a committee to study the problem of separating veterans from other patients at the Milledgeville State Hospital; and for other purposes.
HR 122. By Messrs. Baughman of Early and others:
A Resolution to commend Honorable J. W. Woodruff, Sr., for meritorious services rendered this State; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 41. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend Section 113-607 of the 1933 Code of Georgia relating to the giving of notice of a petition to probate a will in solemn form; and for other purposes.
HB 64. By Messrs. Bentley of Cobb, Deen of Bacon and others:
A Bill to be entitled an Act to amend Chapter 34-33 of the Code of Georgia relative to absentee voting; and for other purposes.
HB 66. By Messrs. McGarity of Henry, Moate of Hancock and others:
A Bill to be entitled an Act to amend an Act to repeal certain fees imposed upon warehousemen; in conformity with Executive Order issued by the Governor; and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 321. By Messrs. Bolton and Lindsey of Spalding and others:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Judge of the Superior Court of the Griffin Judicial Circuit, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 358. By Mr. Brown of Telfair:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Clerk of the Tax Commissioner of Telfair County, and for other purposes.
450
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 380. By Mr. Roughton of Washington:
A Bill to be entitled an Act to repeal an Act establishing a County Council for Washington County, and for other purposes.
The following amendment was read and adopted:
Mr. Roughton of Washington moves to amend HB 380 by striking Section 2.
fhe 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 381. By Mr. Roughton of Washington:
A Bill to be entitled an Act to provide for holding four terms of Washington Superior Court each year, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 382. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Commissioners of Roads and Revenues of Washington County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill having received the requisite constitutional majority, was passed.
MONDAY, FEBRUARY 7, 1955
451
HB 387. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Judge of 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 388. By Mr. Smith of Evans:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Tax Commissioner of Evans County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the House reconsidered its action in passing the following Bill of the House:
HB 341. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to incorporate the City of Lilburn, and for other purposes.
By unanimous consent, the following Bill of the House was again taken up for consideration and read:
HB 341. By Messrs. Kelley ~nd Kilgore of Gwinnett:
A Bill to be entitled an Act to incorporate the City of Lilburn, and for other purposes.
The following amendment was read and adopted: Messrs. Kelley and Kilgore of Gwinnett move to amend HB 341 in
the following respects:
By striking Section 19 and substituting in lieu thereof the following:
"Section 19.
"Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and complete control of the streets, sidewalks, public parks and alleys in said city, and shall have full power and authority to condemn property
452
JOURNAL OF THE HOUSE,
within or without the corporate limits, except property of an existing public utility, for the purpose of public buildings, parks, cemeteries, water supplies, sewerage, drainage, water systems, gas systems, electric systems, and for laying out new streets, grading, or in any way changing streets, lanes, and sidewalks in said city, and for any other public purpose, and the manner of condemning said property shall be that now fixed or hereafter fixed by the laws of this State, for the condemnation of property by municipalities. And the said mayor and council shall have the right to relocate, change, close or abandon any street, sidewalk, lane or alley in said city."
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 110, nays 0.
The bill having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the following Bills of the House were withdrawn from the Committee on State of Republic, read the second time and recommitted:
HB 398. By Messrs. Nightingale and Killian of Glynn: A Bill to be entitled an Act to authorize the Brunswick Ports Authority to transfer its property to the State Ports Authority, and for other purposes.
HB 363. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to prescribe the method of contracting for construction of public buildings costing more than $25,000, and for other purposes.
HB 400. By Messrs. Odom of Camden, Mincy of Ware and others:
A Bill to be entitled an Act to create the Cumberland Island Authority, and for other purposes.
By unanimous consent, the following Resolution of the House was withdrawn
from the Committee on Amendments to the Constitution # 2, read the second
time and recommitted:
HR 14-34b. By Mr. Perkins of Carroll:
A Resolution proposing a constitutional amendment providing that the County School Superintendent of Carroll County shall be elected by the people, 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:
MONDAY, FEBRUARY 7, 1955
453
HB 395. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to make it a criminal offense to operate an automobile without the owner's permission, and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Game and Fish, read the second time and recommitted:
HB 323. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act abolishing the Division of Wild Life, and for other purposes.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SB 43. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act relating to Workmen's Compensation, and for other purposes.
Referred to the Committee on Industrial Relations.
SB 63. By Senator Ricketson of the 19th:
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.
SB 71. By Senator Ursrey of the 54th:
A Bill to be entitled an Act to prescribe how fertilizer samples shall be taken, and for other purposes.
Referred to the Committee on General Agriculture # 1.
SB 74. By Senator Overby of the 33rd:
A Bill to be entitled an Act authorizing a municipal corporation, a county, or any other political subdivision of the State to procure insurance to cover liability for damages on account of bodily injury or death resulting therefrom to any person, or for damages to property of any person, or both, arising by reason of ownership, maintenance, operation, or use of any motor vehicle; and for other purposes.
Referred to the Committee on State of Republic.
SR 31. By Senator Shurling of the 21st:
A Resolution to authorize the Governor acting on behalf of the State, to to convey certain property to Johnson County, and for other purposes.
Referred to the Committee on Public Property.
Mr. Chambers of Richmond moved that the House reconsider its action in failing to pass the following Bill of the House:
454
JOURNAL OF THE HOUSE,
HB 314. By Messrs. Chambers of Richmond, Short of Colquitt, and others:
A Bill to be entitled an Act to amend the Code so as to provide that statements taken by insurance adjusters within 72 hours of an accident shall not be admissible, and for other purposes.
On the motion, the ayes were 53, nays 65.
The motion to reconsider was lost.
Mr. Mincy of Ware moved that the House reconsider its action in failing to pass the following Bill of the House:
HB 149. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to amend the Code so as to provide that a police officer may shoot a misdemeanor prisoner to prevent escape, and for other purposes.
On the motion, the ayes were 35, nays 74.
The motion to reconsider was lost.
Mr. Mincy of Ware moved that the House reconsider its action in failing to pass the following Bill of the House:
HB 153. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to prohibit the solicitation of votes on election day, and for other purposes.
On the motion, the ayes were 61, nays 48.
The motion to reconsider prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 41. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend the Code relating to the g1vmg of notice of a petition to probate a will in solemn form, and for other purposes.
The following Senate amendment was read:
The Senate Amends HB 41 by adding, in the quoted paragraph commencing 113-607, at the end of the first sentence the words "except that, if waived in writing, such 10 day provision shall not apply," and by adding, at the end of the next to the last sentence, immediately after the words, "once a week for four weeks" a proviso reading as follows: "provided, however, that such publication need not be made if service is acknowledged by the non-resident party or the party whose legal
MONDAY, FEBRUARY 7, 1955
455
residence is in doubt," so that said quoted paragraph as amended shall read as follows:
"113-607. Notice of motion for probate in solemn form,Notice of a petition for probate in solemn form shall be personal, if the party resides in the State, and is known, and shall be served at least 10 days before the term of court at which the probate is to be made, except that, if waived in writing, such 10 day provision shall not apply. When a party to be served is known or a known party resides without the State, or a known party resides without the State either voluntarily or involuntarily under circumstances which makes it difficult to determine if said person is a legal resident of Georgia or of some foreign State upon the fact being made to appear to the Court, such court shall order service to be perfected by publication in the newspaper in which Sheriff's advertisements are published in the county in which the application for probate in solemn form is made, once a week for four weeks, provided, however, that such publication need not be made if service is acknowledged by the non-resident party or the party whose legal residence is in doubt. The records of the court shall show the persons notified and the character of the notice given.
Mr. Twitty of Mitchell moved that the House agree to the Senate amendment to HB 41.
On the motion to agree, the ayes were 116, nays 0.
The Senate amendment to HB 41 was agreed to.
The following Resolution of the House was read the first time and referred to the Committee on State of Republic:
HR 132. By Messrs. Duke of Baldwin and Jackson of Jones: A Resolution providing for the appointment of a committee to make a study of Georgia laws regarding commitment and release of persons in the Milledgeville State Hospital, and for other purposes.
By unanimous consent, the Clerk was directed to correct certain typographical errors appearing in the Senate amendment to the following Bill of the House:
HB 50. By Mr. Ayers of Madison: A Bill to be entitled an Act to provide a new charter for the City of Carlton, and for other purposes.
Under the regular order of business, the following Bill of the House was again taken up for consideration and read:
456
JOURNAL OF THE HOUSE,
HB 146. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to amend the Intangible Property Tax Act, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend the Intangible Property Tax Act of 1953, approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Session, p. 379-390), so as to require the intangible tax on long term notes secured by real estate, imposed by Section 4, Part I of the Act, to be paid to the tax collector or tax commissioner or his deputy prior to the presentation of the security instrument for recordation with the clerk of the court rather than the clerk of the court collecting the tax as now provided by the Act; to provide for a certificate showing the payment of the tax; to provide for fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
That the Intangible Property Tax Act of 1953, approved December 22, 1953, (Ga. Laws 1953, Nov.-Dec. Session, p. 379-390) is hereby amended by striking from said Act all of Section 4, Part I of that Act and substituting therefor the following section, so that Section 4 shall read:
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 security 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, prior to presenting such instrument to the clerk of the court for recording, present such security instrument to the tax collector or tax commissioner or his deputy of the county in which the real estate is situated who shall determine from the face of the security instrument the date of execution, the maturity date of the note and the principal amount thereof, and shall collect from the holder of such long term note a tax measured by the amount of the debt as evidenced in the security instrument 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 single note when the security instrument is so recorded shall be TEN THOUSAND ($10,000.00) DOLLARS tax."
SECTION 2.
Said Act is further amended by striking Section 5, Part I and in lieu thereof inserting the following, so that Section 5 shall read:
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457
"Section 5. Upon payment of the correct tax as disclosed from the information recited on the face of the security instrument, the tax collector or tax commissioner or his deputy shall enter upon or attach to such security instrument a certification of the fact that the intangible tax as provided by Section 4, Part I of this Act has been paid, the date and the amount thereof, and shall be signed by the tax collector or tax commissioner or his deputy. The holder of such a long term note upon which the tax has been paid as provided by this Act may then present the security instrument, together with the certificate, to the clerk of the superior court of the county in which the real estate is situated who shall then be permitted to file the security instrument for record. It is the intention of the General Assembly of Georgia that this 'recording tax' imposed by Section 4, Part I of this Act shall be paid to the tax collector or tax commissioner prior to and as a prerequisite to the filing for record of the real estate instrument securing said note with the clerk of the court, and that the clerk of the court shall not be permitted to file for record such an instrument unless the security instrument discloses on its face the principal amount of the note, the date executed and the due date, and the certificate of the tax collector or tax commissioner or his deputy showing that this tax has been paid upon such note. The filing for record with the clerk of the court of a real estate instrument securing a long term note, without payment of the intangible tax imposed by Section 4, Part I of this Act in the manner prescribed by this Act, shall not constitute legal notice to anyone. The certificate entered upon or attached to the security instrument shall be recorded with the security instrument and shall be in such form as the State Revenue Commissioner may require, but in any event shall bear the signature of the tax collector or tax commissioner or his deputy.
SECTION 3.
Said Act is further amended by striking Section 8, Part I and in lieu thereof inserting the following section, so that Section 8 shall read:
"Section 8. Each tax collector or tax commissioner in this state shall make a report to the State Revenue Commissioner, on forms prescribed by him, on the first day of each month, of all sums collected under this Act for the preceding month, showing the principal amount of the note, the date of execution and the maturity date of the note as disclosed from the face of the security instrument to be recorded, and the tax collector or tax commissioner shall retain six (6%) per cent of the tax collected as compensation for his services in collecting this tax. All such taxes shall be deemed to have been collected by the tax collector or tax commissioner in his official capacity, and failure to collect and distribute as provided by law shall constitute a breach of official duty, and of the official bond of such tax collector or tax commissioner. In each county in which the tax collector or tax commissioner is on a salary, the six (6 o/o) per cent allowed by this section as compensation shall be paid into the county treasury and become county property. The long term notes secured by real estate upon which this tax is imposed shall not be placed upon the property tax digest prepared and maintained by the tax receiver. It is the intention of the General Assembly that the six (6%) per cent commission permitted
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under this Act for collection of this tax by the tax collector or tax commissioner and distribution thereof shall be the only compensation permitted to any county official with respect to this tax; provided, however, that in counties having a population of more than 300,000 according to the last or any subsequent United States census, the commission allowed under this Act as compensation to the tax collector or tax commissioner shall be four (4%) per cent."
SECTION 4.
Said Act is further amended by striking from the first sentence of Section 9, Part I, the word "clerk" and in lieu thereof inserting the words "tax collector or tax commissioner," and adding an additional sentence to follow said first sentence so that Section 9 shall read:
"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 tax collector or tax commissioner of the county in which such instrument is first recorded. When there has been entered on such security instrument the certificate of the tax collector or tax commissioner or his deputy that the tax imposed by Section 4, Part I of this Act has been paid, the instrument upon which such certificate is attached may thereafter be recorded in any other county of this State without payment of any further tax.
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 non-resident 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."
SECTION 5.
Said Act is further amended by striking Section 15, Part I, and in lieu thereof inserting the following section, so that Section 15 shall read:
"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, where it is made to affirmatively appear that the tax as provided by this Act has been paid on the original security instrument heretofore recorded."
SECTION 6.
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.
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459
On the passage of the bill, by substitute, the ayes were 115, nays 9.
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 214. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to provide that contractors shall be deemed to be consumers under the Sales and Use Tax Act, and for other purposes.
The following amendment was read and adopted:
Messrs. Moate of Hancock and Groover of Bibb moved to amend HB 214 as follows:
By striking the word, "a" at the beginning of the 19th line of Section 1 and inserting in lieu thereof the word, "such".
By striking the last two paragraphs of Section 1 of said Act and inserting in lieu thereof three new paragraphs which shall read as follows:
"Any person who contracts, either orally, in writing, or by purchase order, to perform any service, and the principal part of that service is the furnishing of the machinery which will not be under the exclusive control of the contractor, shall be liable to collect a sales tax on the rental value of the machine so used, and if labor and other charges are not separated from the rental charge, the person so contracting shall be liable to collect a sales tax on the entire contract price.
"Any person who subcontracts with a general or prime contractor shall be liable under the Georgia Retailers' and Consumers' Sales and Use Tax Act as a general or prime contractor, provided however, that the general or prime contractor shall withhold up to 3 o/o of the payments due to the subcontractor arising out of the contract entered into between the general and prime contractor in satisfaction of any sales or use taxes owed this State.
"It shall be the duty of the prime or general contractor to withhold such payments until the subcontractor shall furnish him with a certificate issued by the State Revenue Commissioner showing that all sales taxes accruing by reason of the contract between the subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to 3% of the payments due the subcontractor under their contract, he shall become liable for any sales or use taxes due or owing this State by the subcontractor."
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 which shall read as follows:
"Nothing in this amendatory Act shall be construed to affect
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or limit the resale exemption or the industrial materials exemption provided for in the Georgia Retailers' and Consumers' Sales and Use Tax Act as amended; nor shall anything contained herein be construed to impose any sales or use tax with respect to the use in the performance of contracts with the United States of tangible personal property owned by the United States, which is not actually used up and consumed in the performance thereof. Tangible personal property incorporated in real property construction which loses its identity as tangible personal property shall be deemed to be used up and consumed within the meaning of this section."
By adding a new Section 3 which shall read as follows:
"Section 3. All laws and parts of laws in conflict with this Act are hereby repealed."
The report of the Committee, which was favorable to the passage of the bill, was agreed to, 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 213. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to provide that casual sales are taxable under the Sales and Use Tax Act, and for other purposes.
The following amendment was read:
Mr. Groover of Bibb moves to amend HB 213 by adding a new section to be appropriately numbered to-wit: "Provided, however, that none of the provisions of this Act shall apply to or be construed as affecting any sales made or consummated prior to this date."
Mr. Odom of Camden moved the previous question.
On the motion, the ayes were 45, nays 70.
The motion for the previous question was lost.
Mr. Freeman of Monroe moved that the bill be tabled.
On the motion to table, Mr. Groover of Bibb moved the ayes and nays.
By unanimous consent, the motion to table was withdrawn.
Mr. Freeman of Monroe moved that further consideration of HB 213 be postponed until tomorrow morning immediately following the period of unanimous consents.
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461
On the motion to postpone, the ayes were 97, nays 15.
The motion prevailed, and further consideration of HB 213 was postponed until tomorrow morning immediately following the period of unanimous consents.
HB 175. By Messrs. Bodenhamer and Fowler of Tift and others:
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, further consideration of HB 175 was postponed until tomorrow morning immediately following the period of unanimous consents.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 66. By Messrs. McGarity of Henry, Moate of Hancock and others:
A Bill to be entitled an Act to amend an Act to repeal certain fees imposed upon warehousemen, and for other purposes.
The following Senate amendment to HB 66 was read:
The Agriculture Committee of the Senate moves to amend HB 66 by adding the word "forms" after the words, "warehouse receipts" in line seven of the title.
And by striking Section 2 and in lieu thereof inserting a new Section 2 to read:
"Section 2. Said Act is further amended by striking Section 12 in its entitrety and in lieu thereof inserting the following:
'Section 12. Receipts required. For all agricultural products stored by a warehouseman under this Act, original receipts shall be issued promptly by the warehouseman, but no receipts shall be issued except for agricultural products actually stored in the warehouse at the time of the issuance thereof.
'The Commissioner shall approve all the warehouse receipts forms to be issued by the warehousemen under this Act. It shall be unlawful for any warehouseman to issue any warehouse receipts for any agricultural product except upon warehouse receipts forms approved by the Commissioner.'"
Mr. Mobley of Burke 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 66 was agreed to.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
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HB 276. By Messrs. Boggus of Ben Hill, H. Smith of Fulton, and others:
A Bill to be entitled an Act to amend an Act so as to provide the requirements for multiple-beam lighting equipment on 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 123, nays 0.
The bill having received the requisite constitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
The following Bill of the House was taken up for the purpose of considering the unfavorable report of the Committee thereto:
HB 302. By Messrs. Murr of Sumter, Gross of Dade and others:
A Bill to be entitled an Act to provide for the installation of windshields on track cars operated by common carriers, and for other purposes.
Mr. Murr of Sumter moved that the House disagree to the unfavorable report of the Committee.
Mr. Groover of Bibb moved that the House agree to the unfavorable report of the Committee.
On the motion to agree to the unfavorable report of the Committee, the ayes were 97, nays 15.
The unfavorable report of the Committee was agreed to and the bill was lost.
Mr. Bagby of Paulding requested that the Journal show him as having voted against agreeing to the unfavorable report of the Committee on HB 302.
By unanimous consent, further consideration of the following Bill of the House was postponed indefinitely:
HB 113. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend the Code relating to qualifications of applicants to stand the State bar examination so as to require college training, 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:
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463
HR 13-34a. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VI, Section XIII, of the Constitution of 1945 by adding thereto an additional paragraph to be known as Paragraph II.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AS FOLLOWS:
SECTION 1.
Article VI, Section XIII, of the Constitution of 1945, relating to the qualifications of Justices, Judges, etc., be amended by adding thereto a paragraph to be known as Paragraph II, which shall read as follows:
Paragraph II. Chief Justices Emeritus and Justices Emeritus of the Supreme Court; Judges Emeritus of the Court of Appeals; and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the courts in which they are Chief Justices, Justices, or Judges Emeritus. The General Assembly shall prescribe the method or manner in which they may be called upon for temporary service.
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two 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 VI, Section XIII 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 voters voting in favor of the ratification of the amendment shall have written or printed upon their ballots, "For ratification of the amendment to Article VI, Section XIII, of the Constitution of Georgia of 1945, providing that Chief Justice Emeritus and Justices Emeritus of the Supreme Court and Judges Emeritus of the Superior Courts shall be eligible to preside over their respective courts, and authorizing the General Assembly to provide for such service", and the voters voting against the amendment shall have written or printed on their ballots, "Against ratification of the amendment to Article VI, Section XIII, of the Constitution of Georgia of 1945, providing that Chief Justice Emeritus and Justices Emeritus of the Supreme Court and Judges Emeritus of the Superior Courts shall be eligible to preside over their respective courts, and authorizing the General Assembly to provide for such service."
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
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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, and thereupon the foregoing amendment shall become a part of the Constitution of the State of Georgia of 1945.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen Ayers Bagby Barber of Jackson Baughman Birdsong Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brown Caldwell Callier Carlisle Cason Cates Chambers Cheatham Clary
Cloud Cocke Coker of Walker Cornelius Cotton Cowart Coxwell Deal Deen Drinkard Duke Elder English Fain Floyd Flynt Fordham Fowler of Douglas
Fowler of Tift Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harris Harrison of Jeff Davis
Hawkins Hayes Henderson Hendrix Hogan Holley Houston Huddleston Hudson Jessup Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Tattnall Key Kilgore Killian King of Whitfield King of Chattahoochee
King of Pike
Lam Land Lanier Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Mashburn Matheson of Hart Mathis of Lowndes Matthews McGarity McKenna Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey
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465
Raulerson Ray Reed Rodgers Rowland Ruark Russell Sanders Scoggin Sheffield Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton
Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley Terrell Todd Turk Twitty Upshaw
Veal Walker Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 161, 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 report of the Committee on Conference thereon:
HB 2. By Messrs. Moate of Hancock, Willingham of Cobb and others:
A Bill to be entitled an Act provide for the issuance of motor vehicle license plates by county authorities, and for other purposes.
The following report of the Committee on Conference was read:
Mr. President
Mr. Speaker.
Your Committee on Conference appointed in connection HB 2 begs to submit the following report:
That the Senate recede from its position and adopt the House amendment to Senate Amendment No. 4.
That both the House and Senate recede from their position in adopting Senate Amendment No.9.
That both the House and Senate recede from its position on Section No. 3, and that said section be stricken out in its entirety, and in lieu thereof a new section No. 3 be inserted as follows:
Any applicant to register a motor vehicle may apply to such agent and upon payment of the license fee required by law such agent shall accept the application of such applicant and issue to him the appropriate license plate. The agent shall transmit to the State Revenue Commissioner, under such regulations as the Commissioner may prescribe, the application forms received by him, together with the license fees, collected from the applicant, less the amount of twenty-five (25) cents
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for each application, which amount shall be retained by the agent as compensation for his services under this Act. If such agent shall be a salaried employee of the County and at a salary in excess of five thousand ($5,000.00) per year the amount so collected shall go into the general treasury of the County, and in such cases it shall be the duty of the governing authorities of the County to furnish to said agent such additional clerical help necessary to carry out the provisions of this Act.
ON PART OF HOUSE /s/ Groover of Bibb /s/ Scoggin of Floyd /s/ Willingham of Cobb
ON PART OF SENATE /s/ Millican of 52nd /s/ Overby of 33rd /s/ Davis of 42nd
Mr. Groover of Bibb moved that the House adopt the report of the Committee on Conference.
On the motion, the ayes were 124, nays 0.
The report of the Committee on Conference was adopted.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 279. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend the Code so as to provide that persons under 21 years of age shall not be executed, and for other purposes.
The following amendment was read:
Mr. Terrell of Decatur moves to amend HB 279 by striking the words or figures 21 years of age and substituting therefor the words or figures 18 years of age.
On the adoption of the amendment, the ayes were 99, nays 25.
The amendment was 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, Mr. M. Smith of Fulton moved the ayes and nays.
On the call for the ayes and nays, the ayes were 17, nays 93.
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467
The call was not sustained.
On the passage of the bill, as amended, the ayes were 83, nays 53.
The bill, having failed to receive the requisite constitutional majority, was lost.
Mr. M. Smith of Fulton gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 279.
Under the regular order of business, the following Bill of the House was again taken up for consideration and read:
HB 180. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to create the Georgia Board of Landscape Architects, and for other purposes.
The following amendments were read and adopted:
Mr. Russell of Barrow moves to amend HB 180 by eliminating the word "six" in the first sentence and substituting the word "four" in its place; and by striking the second sentence therefrom and inserting in lieu thereof the following: "a degree from a school of landscape architecture, approved by the board, shall be deemed to be the equivalent of and in lieu of successful examination as may be herein provided."
Mr. Stephens of Clarke moves to amend HB 180 by changing the word "respectfully" in line one Section 1 to "respectively".
Mr. Stephens of Clarke moves to amend HB 180 by deleting Section 1 and substituting in lieu thereof the following:
Section 1. The following terms shall have the meanings respectively ascribed to them, unless the context of this Act clearly indicates otherwise:
"Landscapes Architect" means a person who holds a certificate to practice or teach landscape architecture in this State under the authority of this Act.
"Landscape Architecture" means the profession of preparing plans and specifications and supervising the execution of projects involving the arranging of land or water and elements used thereon for public and private use and enjoyment, embracing land use studies, general and detailed design plans, the location of utilities, grade adjustments, soil conditioning, planting plans, and outdoor construction plans, in accordance with the accepted professional standards of public health and safety.
"Board" means the Georgia State Board of Landscape Architects.
And further to amend HB 180 by deleting the word "written" from the first sentence of Section 12.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
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On the passage of the bill, as amended, Mr. Stephens of Clarke moved the ayes and nays and the call was not sustained.
On the passage of the bill, as amended, the ayes were 69, nays 57.
The bill, having failed to received the requisite 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 278. By Messrs. Reed of Cobb, Bagby of Paulding and others:
A Bill to be entitled an Act to amend the Code so as to add additional venue to equitable proceedings against 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 1.
The bill having received the requisite constitutional majority, was passed.
HB 111. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend the Code so as to provide that the lien of a judgment shall date from the time the execution shall be entered on the docket, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 127, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 275. By Messrs. Tarpley of Union, Key of Jasper and others:
A Bill to be entitled an Act to amend the Code so as to provide per diem for clerks of the superior courts who are on a fee basis while in attendance on 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 103, nays 16.
The bill having received the requisite constitutional majority, was passed.
HB 106. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to provide that a power of sale, unless
MONDAY, FEBRUARY 7, 1955
469
limited in the instrument creating same, authorizes a private sale by the donee of such power, excepts as to instruments given to secure a debt, and for other purposes.
The following amendment was read and adopted:
Mr. McKenna of Bibb moves to amend HB 106 by adding a new section to be known as Section 4 and renumber Section 4 as Section 5, and reading as follows: "This Act will not affect any instrument dated prior to the date of approval 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 116, nays 5.
The bill having received the requisite constitutional majority, was passed, as amended.
The following resolution of the House was read and adopted:
HR 133. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A RESOLUTION
WHEREAS, the Honorable Mayo Davis, former member of the State Senate and presently serving as Aide to the distinguished Speaker, has suddenly become ill and is confined to his home in Perry; and
WHEREAS, it is fitting and proper that this House officially take cognizance of the unfortunate illness of this distinguished Georgian, Hon. Mayo Davis, extending its sympathy to him and his family and wishing him a speedy recovery.
NOW, THEREFORE BE IT RESOLVED by the House of Representatives of the State of Georgia and it is hereby resolved by authority of the same, as follows:
1. That this House extends its sympathy to the Hon. Mayo Davis and his family during his sudden and unfortunate illness and wishes him a speedy recovery.
2. That the Clerk, be, and he is hereby directed to send a certified copy of this resolution to Hon. Mayo Davis at his home in Perry.
The following Resolutions of the House were read and referred to the Committee on State of Republic:
HR 134. By Mr. Tarpley of Union:
A Resolution creating a committee to study the advisability of creating a state-wide probation system, and for other purposes.
HR 135. By Mr. Fowler of Douglas: A Resolution memorializing Congress to call a convention for the
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purpose of submitting for ratification an amendment to the Constitution of the United States so as to provide an alternative method of amending the Constitution of the United States, and for other purposes.
Mr. Groover of Bibb moved that the House do now adjourn until 9:30 tomorrow morning and the motion prevailed.
Messrs. Bagby of Paulding, Goodson of Heard, Lindsey of Paulding, and Gunter of Hall were granted leaves of absence.
The Speaker announced the House adjourned until 9:30 tomorrow morning.
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471
House of Representatives, Atlanta, Georgia Tuesday, February 8, 1955.
The House met pursuant to adjournment this day at 7:30 o'clock, A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Boggus of Ben Hill, 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. Nightingale of Glynn gave notice that at the proper time he would move that the Committee on State of Republic be instructed to report the following Bill of the House back to the House:
HB 309. By Messrs. Nightingale and Killian of Glynn and others:
A Bill to be entitled an Act to provide for municipal home rule, and for other purposes.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House.
2. First reading and reference of 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 of 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 he deems advisable.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 454. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Rockdale County; and for other purposes.
Referred to the Committee on Counties and County Matters.
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HB 455. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to place the Sheriff, the Ordinary and the Clerk of the Superior Court of Rockdale County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 456. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to amend the Charter of the City of Dalton, with respect to the Board of Water, Light and Sinking Fund Commissioners, and for other purposes.
Referred to the Committee on Municipal Government.
HB 457. By Messrs. Kilgore of Gwinnett, Allen of Bulloch, Hardaway of Meriwether, Perkins of Carroll and Kelley of Gwinnett:
A Bill to be entitled an Act to amend an Act providing for the filing of a petition to the Superior Court or the Court of Ordinary by any person desirous of establishing the time and place of his birth and of securing the issuance of a certificate of birth, and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 458. By Messrs. Mauldin of Gordon and Russell of Barrow:
A Bill to be entitled an Act to amend an Act entitled An Act to authorize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations and for other purposes.
Referred to the Committee on Special Judiciary.
HB 459. By Messrs. Weems and Floyd of Chattooga and Campbell and Coker of Walker:
A Bill to be entitled an Act to amend an Act entitled An Act to prescribe uniform regulations for the distribution, sale and use of liquefied petroleum gases; to designate the Insurance Commissioner as the enforcing officer; and for other purposes.
Referred to the Committee on State of Republic.
HB 460. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to amend an Act creating the Department of Revenue, so as to provide that the State Revenue Commissioner shall be ineligible for certain elective offices; to provide for an exception; and for other purposes.
Referred to the Committee on Ways and Means.
HB 461. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb and Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act relating to the establish-
TUESDAY, FEBRUARY 8, 1955
473
ment of the office of Supervisor of Purchases, so as to provide that the Supervisor shall be ineligible for certain elective offices; to provide for an exception; and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 462. By Messrs. Moate of Hancock, Groover of Bibb, Willingham of Cobb and Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act creating the State Highway Board, so as to provide that all the members of the State Highway Board shall be ineligible for certain elective offices; to provide for an exception; and for other purposes.
Referred to the Committee on State of Republic.
HB 463. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb and Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act creating the State Department of Veterans Service so as to provide for a quorum; to provide for service by the Director; to provide that the director shall be ineligible for certain elective offices; to provide for an exception; and for other purposes.
Referred to the Committee on State of Republic.
HB 464. By Messrs. Stephens and Matthews of Clarke and Barber of Jackson.
A Bill to be entitled an Act to amend an Act known as the Subversive Activities Act, so as to provide that no person shall be required to give information relative to the membership in any organization of any relative of such person, and for other purposes.
Referred to the Committee on State of Republic.
HB 465. By Messrs. Moate of Hancock, Groover of Bibb, Twitty of Mitchell and Drinkard of Lincoln:
A Bill to be entitled an Act to repeal an Act entitled An Act to levy a tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; to provide for the collection of the same; and for other purposes.
Referred to the Committee on State of Republic.
HB 466. By Mr. Fowler of Tift:
A Bill to be entitled an Act to amend an Act relating to the administration of the food and drug Acts, so as to provide an increase in the license fee for wholesale fish dealers; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 467. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act known as "Uniform Act Regulating Traffic on Highways", so as to provide that the State Department of Public Safety, or its designated agent, shall have exclusive
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JOURNAL OF THE HOUSE,
authority to make arrests for speeding on State Highways within this State that are also designated as United States Highways; and for other purposes.
Referred to the Committee on Public Highways # 1.
HB 468. By Mr. Kennedy of Tattnall:
A Bill to be entitled an Act to change from the fee system to the salary system in the County of Tattnall, the Clerk of the Superior Court and the Sheriff, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 469. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of the County of Lumpkin, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 470. By Mr. Kennedy of Tattnall:
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 Tattnall, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 471. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, lying outside the corporate limits of said city; and for other purposes.
Referred to the Committee on Municipal Government.
HB 472. By Messrs. Palmer and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act entitled An Act to provide for a County Board of Commissioners for the County of Mitchell and to provide and define the powers and duties thereof; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 473. By Mr. Kennedy of Tattnall:
A Bill to be entitled an Act to amend an Act to establish a City Court of Reidsville, and for other purposes.
Referred to the Committee on Municipal Government:
HB 474. By Messrs. Scoggin, Wright and Hall of Floyd: A Bill to be entitled an Act to repeal an Act entitled An Act to establish
TUESDAY, FEBRUARY 8, 1955
475
a City Court in the County of Floyd; to establish the City Court of Floyd County and for other purposes.
Referred to the Committee on Municipal Government:
HB 475. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Barrow County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 476. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to create the Waycross and Ware County Development Authority; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 477. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to amend an Act entitled "Gainesville. Retirement Fund," and for other purposes.
Referred to the Committee on Municipal Government:
HB 478. By Messrs. Watson and Denson of Dougherty:
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 Dougherty, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 479. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act 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 480. By Messrs. Chamebrs, Sanders and Holley of Richmond:
A Bill to be entitled an Act to amend an Act which is an Act to change from the fee to the salary system in counties having a population of not less than 100,000 and not 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 481. By Messrs. Sognier, Cheatham and Eyler of Chatham: A Bill to be entitled an Act to authorize the establishment in certain counties and municipalities of a Commission to be named the Local Government Improvement Commission, and for other purposes.
Referred to the Committee on Municipal Government:
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JOURNAL OF THE HOUSE,
HB 482. By Messrs. Kelley and Kilgore 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 483. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend an Act creating a Board of Comsioners of Roads and Revenues of Lowndes County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 484. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to authorize the Board of County Commissioners of Gwinnett County to establish restricted zones and districts; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 485. By Mr. Hardaway of Meriwether:
A Bill to be entitled an Act to amend an Act entitled An Act to provide for the pay of the County Treasurer of Meriwether County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 486. By Mr. Rowland of Johnson:
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 examinations by the State Banking Department, and for other purposes.
Referred to the Committee on Industrial Relations.
HB 487. By Messrs. Parker of Appling and Tanner of Coffee:
A Bill to be entitled an Act to amend an Act relating to automobile license plates, so as to provide that all numerals and letters appearing on automobile license plates shall be painted or otherwise constructed with a luminous paint or material; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 488. By Mr. Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Act to create a Board of County Commissioners for Gwinnett County, and for other purposes.
Referred to the Committee on Counties and County Matters.
TUESDAY, FEBRUARY 8, 1955
477
HB 489. By Mr. Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Act to establish the City Court of Gwinnett County, and for other purposes.
Referred to the Committee on Municipal Government.
HB 490. By Messrs. Groover of Bibb and Smith of Emanuel:
A Bill to be entitled an Act to provide for a period of residence of twelve months prior to taking the examination for admission to the Bar of the Supreme Court, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 491. By Messrs. Perkins of Carroll, Matheson of Hart, Stripling of Coweta, Elder of Oconee and Floyd of Chattooga:
A Bill to be entitled an Act to provide for the issuance of automobile license tags to disabled veterans; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 492. By Messrs. Fain of Franklin, Green of Rabun, Moate of Hancock, Groover of Bibb, Gross of Stephens and Sheffield of Brooks:
A Bill to be entitled an Act to provide that the wages and salaries of State employees shall not be less than the rate of (75) per hour, and for other purposes.
Referred to the Committee on State of Republic.
HB 493. By Messrs. Tanner and Hayes of Coffee:
A Bill to be entitled an Act to provide for the fixing of the term of office of the Superintendent of Schools of Coffee County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 494. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to incorporate the City of Ambrose in Coffee County, and for other purposes.
Referred to the Committee on Municipal Government.
HB 495. By Mr. Barber of Jackson:
A Bill to be entitled an Act to create a State Property Insurance Board; and for other purposes.
Referred to the Committee on State of Republic.
HR 136-495a. By Messrs. Williams and Gunter of Hall and Lavender of Elbert:
A Resolution to compensate Mr. and Mrs. T. C. Hamilton for injuries and damage sustained as a result of a collision with a vehicle operated
478
JOURNAL OF THE HOUSE,
by an employee of the Department of Agriculture, in course of his employment, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 137-495b. By Mr. Moorman of Lanier:
A Resolution authorizing and directing the State Librarian to furnish certain books to the Clerk of the Superior Court of Lanier County, and for other purposes.
Referred to the Committee on Historical Research.
HR 138-495c. By Mr. Moorman of Lanier:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Lanier County, and for other purposes.
Referred to the Committee on Historical Research.
HR 139-495d. By Mr. Parker of Appling:
A Resolution to provide the Court of Ordinary of Appling County certain enumerated law books, and for other purposes.
Referred to the Committee on Public Library.
HR 140-495e. By Messrs. Caldwell and Mallory of Upson:
A Resolution to authorize the Governor, acting on behalf of the State, to convey to the City of Thomaston a tract of land conveyed to the State by error, and for other purposes.
Referred to the Committee on Public Property.
HR 141-495f. By Mr. Kennedy of Tattnall:
A Resolution to compensate Dr. Hess and Clark, Inc., for damages to an automobile, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 142-495g. By Mr. Kennedy of Tattnall: A Resolution to compensate R. G. Wilkes; and for other purposes.
Referred to the Committee on Special Appropriations.
HB 496. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to provide that the governing authorities of certain Counties may charge for inspections, require permits and to set up a Code, and provide Rules and Regulations for the installations of heating and air-conditioning in said counties; and for other purposes.
Referred to the Committee on Counties and County Matters.
TUESDAY, FEBRUARY 8, 1955
479
HB 497. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to provide that the governing authorities of certain counties may charge for inspections, require permits, set up a Code, and provide rules and regulations for the installations of plumbing in said counties, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 498. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act to codify all former Acts of the General Assembly relating to and dealing with the Municipal Court of the City of Macon, and for other purposes.
Referred to the Committee on Municipal Government.
HB 499. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act known as the General Tax Act, so as to remove the provisions relating to the tax upon dealers in gun shells; and for other purposes.
Referred to the Committee on Ways and Means.
HB 500. By Mr. McKenna of Bibb:
A Bill to be entitled an Act to amend an Act providing for the use of voting machines in certain counties, so as to provide that the name of any unopposed candidate in a political party primary may be omitted from the ballot used in the voting machine, and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 143-500a. By Mr. Carlisle of Bibb:
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.
Referred to the Committee on General Judiciary #2.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Stephens of Clarke 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 202. Do Pass, by substitute.
480
JOURNAL OF THE HOUSE,
HB 99. Do Pass, by substitute. Respectfully submitted, Stephens of Clarke, Chairman.
Mr. Greene of Crisp County, Chairman of the Committee on Commerce, submitted the following report:
Mr. Speaker:
Your Committee on Commerce has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 31. Do Pass.
Respectfully submitted,
Greene of Crisp,
Chairman.
Mr. Short of Colquitt County, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 63. Do Pass.
HB 447. Do Pass.
HB 445. Do Pass.
HB 444. Do Pass.
HB 439. Do Pass.
HB 437. Do Pass.
HB 436. Do Pass.
HB 438. Do Pass.
HB 426. Do Pass.
Respectfully submitted,
Short of Colquitt,
Chairman.
Mr. Bodenhamer of Tift County, Chairman of the Committee on Education #1, submitted the following report:
TUESDAY, FEBRUARY 8, 1955
481
Mr. Speaker:
Your Committee on Education # 1 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 411. Do Pass.
HB 451. Do Pass.
Respectfully submitted,
Bodenhamer of Tift,
Chairman.
Mr. Cocke of Terrell County, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 323. Do Pass, as amended.
HB 420. Do Pass, as amended.
Respectfully submitted,
Cocke of Terrell,
Chairman.
Mr. McGarity of Henry 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 recommendation:
HB 393. Do Pass, as amended.
Respectfully submitted,
McGarity of Henry,
Chairman.
Mr. Carlisle of Bibb 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 327. Do Pass, by substitute.
482
JOURNAL OF THE HOUSE,
HB 396. Do Pass. HB 401. Do Pass, by substitute. HB 271. Do Pass, by substitute.
Respectfully submitted, Carlisle of Bibb, Chairman.
Mr. Carlisle of Bibb 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 316. Do Pass, as amended.
Respectfully submitted,
Carlisle of Bibb,
Chairman.
Mr. Mashburn of Forsyth 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 377. Do Pass.
HB 407. Do Pass.
Respectfully submitted,
Mashburn of Forsyth,
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 56. Do Pass.
Respectfully submitted,
Rowland of Johnson,
Chairman.
TUESDAY, FEBRUARY 8, 1955
483
Mr. Reed of Cobb County, Vice-Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker: Your Committee on Insurance has had under consideration the following
Bills of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 115. Do Not Pass.
HB 412. Do Pass.
HB 421. Do Pass. Respectfully submitted,
Reed of Cobb,
Vice-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 recommendation:
HB 395. 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 13. Do Pass. HB 367. Do Pass. HB 433. Do Pass. HB 435. Do Pass. HB 414. Do Pass.
HB 427. Do Pass. HB 389. Do Pass. HB 386. Do Pass. HB 390. Do Pass.
484
JOURNAL OF THE HOUSE,
HB 383. Do Pass.
HB 430. Do Pass. HB 385. Do Pass. HB 417. Do Pass. HB 409. Do Pass. HB 440. Do Pass. HB 441. Do Pass. HB 442. Do Pass. HB 443. Do Pass. HB 431. Do Pass. HB 432. Do Pass. HB 434. Do Pass. HB 384. Do Pass. HB 391. Do Pass. HB 429. 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 Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 87-297g. Do Pass.
HR 60-211a. Do Pass.
Respectfully submitted,
Barber of Colquitt,
Chairman.
Mr. Drinkard of Lincoln 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 me as Chairman, to report the same back to the House with the following recommendations:
HB 425. Do Pass.
TUESDAY, FEBRUARY 8, 1955
485
HB 419. Do Pass. HB 404. Do Pass. HB 424. Do Pass. HB 398. Do Pass. HR 131-449c. Do Pass. HR 95-332d. Do Not Pass.
Respectfully submitted, Drinkard of Lincoln, Chairman.
Mr. Blalock of Clayton 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 375. Do Pass.
HB 416. Do Pass.
Respectfully submitted,
Blalock of Clayton,
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 6. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to fees for licensing of vehicles, approved December 24, 1937 (Ga. Laws, 1937-38, Extra Session, p. 259), as amended, so as to remove the provision relative to the designation on license tags of the different classes of vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 7. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend Section 68-214 of the Code of Georgia relating to vehicle license plate description, transfers, duplicates, fees, and penalties, as amended, particularly by an Act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Session, p. 343), so as to provide for the designation of each county by population on each
486
JOURNAL OF THE HOUSE,
vehicle license tag; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 60. By Senators Florence of 39th, Harrison of 17th and B. M. Jones of 38th:
A Bill to be entitled an Act to completely and exhaustively revise, supersede and consolidate the laws relating to the State Game and Fish Commission, to game and fish, and to wildlife, whether codified or statutory; to provide for a State Game and Fish Commission, the appointment of the members, their powers, duties, responsibilities, and compensation; to provide for employees of said Commission, their powers, duties, responsibilities and compensation; to provide for laws; rules and regulations, State agreements, Federal acts; to provide for licensing and permits, posting lands, hunting, trapping, fishing, seafoods; to provide for criminal offenses and punishments therefor; to provide for procedures connected therewith; to repeal conflicting laws; and for other purposes.
SB 67. By Senator Millican of the 52nd:
A Bill to be entitled an Act to place restrictions upon county officials and other public officials and employees thereof relative to a list of owners of motor vehicles furnished by the State Revenue Commissioner; to provide for a penalty; to repeal conflicting laws; and for other purposes.
SB 70. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the act providing for the creation membership and compensation of a State Literature Commission so as to redefine the powers of the State Literature Commission; to provide for the appointment of an Assistant Attorney General; and for other purposes.
SB 61. By Senators Page of the 1st, Overby of the 33rd, Neel of the 7th and others:
A Bill to be entitled an Act to amend an Act approved February 25, 1949, and known as Minimum Foundation Program of Education Act, (Georgia Laws 1949, PP 1406, et seq) and particularly Section 14 of said Act so as to provide that State-contributed Foundation program funds shall be allotted to local units of an administration on a basis of current average daily attendance; to repeal conflicting laws; and for other purposes.
SB 69. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to provide for the self-government of municipalities; to prescribe the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 72. By Senator Page of the 1st: A Bill to be entitled an Act to amend an Act and its amendments pro-
TUESDAY, FEBRUARY 8, 1955
487
viding for the payment of pensions to employees who have been affiliated with any nursing service or agency who has worked under the supervision of the City Health Officer and Director of Nurses prior to becoming an employee of the City of Savannah; providing for the contribution to the pension fund; and for other purposes.
HB 3. By Mr. Fain of Franklin:
A Bill to amend the charter of the City of Carnesville so as to provide that the mayor and council of the City of Carnesville shall have full control over the streets, sidewalks, alleys and lanes of said city; and for other purposes.
HB 48. By Messrs. Watson of Dougherty and McKenna of Bibb:
A Bill to amend an Act relating to the exemption of property from taxation so as to carry out the provisions of the constitutional amendment authorizing the exemption of property owned by religious groups; and for other purposes.
HB 52. By Mr. Deen of Bacon:
A Bill to amend the "Soil Conservation Law", so as to provide for additional duties for the State Soil Conservation Committee; to repeal conflicting laws; and for other purposes.
HB 55. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to define the terms "midwife", "practice of midwifery", and "normal childbirth"; to provide minimum qualifications for midwives; and for other purposes.
HB 57. By Messrs. Sheffield of Brooks, Scoggin of Floyd and others:
A Bill to supersede, with stated exceptions, all previous laws of this State relating to the organization, powers and duties of the Forestry Commission; and for other purposes.
HB 58. By Messrs. Sheffield of Brooks, Scoggin of Floyd and others:
A Bill to revise, supersede, consolidate and redefine the various penal offenses relating to the firing of woods, lands, marshes, grass, timber and other lands in this state; and for other purposes.
HB 63. By Messrs. Hawkins of Screven, Groover of Bibb and Freeman of Monroe:
A Bill to regulate the conduct of attorneys at law in their arguments to and in the presence of juries in criminal cases; and for other purposes.
SB 69. By Senator McDonald of the 43rd:
A Bill to amend Sections 92-3210 and 92-3301 of the code, so as to provide for the date of filing income tax returns; and for other purposes.
488
JOURNAL OF THE HOUSE,
HB 76. By Mr. Brown of Telfair:
A Bill to create a new charter and municipal government for the City of Jacksonville, Telfair County; and for other purposes.
HB 93. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to amend an Act entitled "An Act to provide for the use of voting machines"; and for other purposes.
HB 208. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to amend an Act creating a complete system of retirement and pension pay for the employees of the City of Decatur; and for other purposes.
HB 209. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to amend an Act creating a complete system of retirement and pension pay for the employees of the City of Decatur; and for other purposes.
HB 218. By Mr. Land of Wilkinson:
A Bill to amend an Act entitled "An Act to create and establish a new charter for the City of Gordon"; and for other purposes.
HB 226. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled An Act to amend an Act incorporating the Town of Cadwell, so as to enlarge the corporate limits thereof; and for other purposes.
HB 228. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and incorporate the City of Riverdale, in the County of Clayton"; and for other purposes.
HB 229. By Messrs. Mallory and Caldwell of Upson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston; and for other purposes.
HB 244. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend the Charter of Warrenton; to authorize, empower and direct the Mayor and Council to levy an ad valorem tax on all taxable property in the City of Warrenton; and for other purposes.
HB 248. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus power and authority to sell and convey or exchange and convey, at any time or times with the consent of the abutting owner or owners on the west,
TUESDAY, FEBRUARY 8, 1955
489
the fee simple title to any part, parts or all of a tract of land in said city comprising the west thirty-three feet of Front Avenue, etc.; and for other purposes.
HB 250. By Messrs. Nilan, Pickard and Young of Muscogee:
A Bill to be entitled an Act to amend an Act of the General Assembly entitled "An Act to abolish justice courts and the office of the justice of the peace in the Municipal Court of Columbus"; and for other purposes.
HB 251. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Swainsboro, and for other purposes.
HB 252. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to amend the Charter of the City of Columbus; to provide pension system for retired officers; and for other purposes.
HB 255. By Messrs. Campbell and Coker of Walker:
A Bill to be entitled an Act to amend an Act entitled an Act to amend, codify and consolidate the various Acts incorporating the City of LaFayette in Walker County; and for other purposes.
HB 258. By Mr. Ray of Warren:
A Bill to be entitled an Act to repeal an Act entitled An Act to amend the Charter of the Town of Warrenton in Warren County; and for other purposes.
HB 264. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Bill to be entitled an Act to amend an Act entitled an Act amending the Charter of the Mayor and Aldermen of the City of Savannah; and for other purposes.
HB 265. By Messrs. Mathis and Register of Lowndes:
A Bill to be entitled an Act to amend the Charter of the City of Valdosta as relating to the clerk of the Board of Tax Appraisers of said city; and for other purposes.
HB 289. By Mr. Ramsey of Effingham:
A Bill to amend an Act incorporating the Town of Rincon in Effingham County; and for other purposes.
HB 296. By Mr. Harrell of Grady:
A Bill to amend an Act incorporating the City of Cairo; and for other purposes.
490
JOURNAL OF THE HOUSE,
The Senate has adopted the report of the Committee on Conference of the following Bill of the House:
HB 2. By Mr. Floyd of Chattooga and others:
A Bill to be entitled an Act to provide for the registration of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of the various counties; to constitute such tax collectors or tax commissioners the agents of the State Revenue Commissioner for such purpose and provide for their compensation; to provide for the administration of this Act, for the execution of bond by the tax collectors or tax commissioners; and for other purposes.
The Senate has agreed to the House Substitute of the following Bill of the Senate:
SB 28. By Senator Page of the 1st:
A Bill to be entitled an Act to amend charter of the Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereof and supplementary thereto; incorporating the Mayor and Aldermen of the City of Savannah relating to the Savannah Civil Service System incorporated in the Georgia Laws of 1949, pages 548-564 by changing the qualifications of the City of Savannah Civil Service Board; the terms of appointment of same; changing the notice of advertising for examinations; reducing the time of residential requirement; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 158. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to provide for an advisory referendum election to be held in DeKalb County for the purpose of ascertaining the form of government desired by the people of such county; and for other purposes.
HB 263. By Mr. Turk of Wilcox:
A Bill to be entitled an Act to incorporate the City of Abbeville by abolishing the present Charter of said city and writing a new charter; 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 13. By Messrs. H. Smith, M. 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 provide that the Mayor and Board of Aldermen may classify businesses, trades and professions, and for other purposes.
TUESDAY, FEBRUARY 8, 1955
491
HB 271. By Mr. McKenna of Bibb:
A Bill to be entitled an Act to amend an Act relating to the venue of actions brought under said Chapter 68-8 against Non-Resident Motorists and users of the Highways of Georgia; and for other purposes.
HB 327. By Messrs. Lindsey and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to drunkenness in public places, and for other purposes.
HB 367. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Roswell, and for other purposes.
HB 375. By Messrs. Blalock of Clayton, Scoggin of Floyd, Lokey of Fulton, Groover of Bibb and Sheffield of Brooks:
A Bill to be entitled an Act to express and effectuate the original intent of the General Assembly in exacting the Intangible Tax Act, and for other purposes.
HB 377. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act relating to barbers and Beauticians, so as to change the compensation of inspectors; and for other purposes.
HB 383. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Jesup, and for other purposes.
HB 384. By Messrs. Hall, Scoggin and Wright 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.
HB 385. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Austell; so as to provide for a change in the corporate limits; and for other purposes.
HB 386. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act to provide a new charter for the City of Waycross; to extend the City limits of said City of Waycross so as to include within said city limits all of a certain sub-
492
JOURNAL OF THE HOUSE,
division now in and adjoining the City of Waycross known as Eastover Terrace, and for other purposes.
HB 389. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act incorporating the City of Cairo; so as to authorize the Mayor and Council to alter, change, close and abandon streets and alleys of the City of Cairo, and for other purposes.
HB 390. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to create the Clayton County Water authority and to authorize such Authority to acquire, construct, and thereafter operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, governmental agencies and municipalities; and for other purposes.
HB 391. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park; to prescribe its limits, extending them as to take in a strip of land in Clayton County, and for other purposes.
HB 393. By Messrs. Coker of Cherokee and Upshaw of Bartow:
A Bill to be entitled an Act to provide for the labeling of containers in which milk powder is offered for sale; to authorize the Commissioner of Agriculture to promulgate rules and regulations; and for other purposes.
HB 396. By Messrs. Carlisle of Bibb, Short of Colquitt, Jones of Worth, Twitty of Mitchell, Jackson of Jones, Bagby of Paulding, Campbell of Walker and others:
A Bill to be entitled an Act to amend an Act relating to recovery by administrator of decedent, so as to provide for the recovery by the administrator or executor in certain events, and for other purposes.
HB 401. By Messrs. Nilan, Pickard and Young:
A Bill to be entitled an Act to amend an Act pertaining to the attendance of witnesses, so as to provide for the payment of fees to any sheriff, deputy sheriff, or member of any municipal or county police force attending any court having jurisdiction to enforce penal laws, and for other purposes.
HB 404. By Messrs. Moate of Hancock, Groover of Bibb, Scoggin of Floyd, Huddleston of Fayette and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act of the General Assembly entitled "Public Safety Department", relating to the Drivers License Bureau Supervisor, and for other purposes.
TUESDAY, FEBRUARY 8, 1955
493
HB 407. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to require the inoculation of dogs against rabies under certain circumstances and take other necessary steps to prevent the introduction, generation, and spread of rabies; and for other purposes.
HB 409. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act establishing a charter and incorporating the City of Bowman, and for other purposes.
HB 316. By Messrs. Young, Pickard and Nilan of Muscogee:
A Bill to be entitled an Act to amend an Act relative to obtaining a license to carry a pistol, and for other purposes.
HB 411. By Messrs. Perkins of Carroll and Willis of Thomas:
A Bill to be entitled an Act to amend an Act entitled An Act to authorize and empower the Board of Education of any county or independent School System 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 412. By Mr. Reed of Cobb:
A Bill to be entitled an Act to provide for the disposition of notices of claims against deposits of insurance companies filed with the State Treasurer; and for other purposes.
HB 414. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act entitled An Act to consolidate, amend and supersede the several Acts incorporating the Town of Wadley in the County of Jefferson; to confer additional powers upon the Mayor and Council of said Town; to provide for the establishment and maintenance of a system of waterworks, sewerage and electric lights for said town, and for other purposes.
HB 416. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act providing for the deduction from gross income in computing net income for purposes of the Georgia income tax of a reasonable allowance for the depreciation and obsolescence of property used in the trade or business, and for other purposes.
HB 417. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to provide for the permanent registration of voters of the City of Conyers, and for other purposes.
494
JOURNAL OF THE HOUSE,
HB 419. By Messrs. Moate of Hancock, Groover of Bibb, Scoggin of Floyd, Willingham of Cobb, Coker of Cherokee, Musgrove of Clinch and others:
A Bill to be entitled an Act to prohibit the throwing or depositing of trash, garbage, or other substance upon the public roads or public property of this State, and for other purposes.
HB 420. By Messrs. Raulerson of Echols, Parker of Appling, Tanner and Hayes of Coffee and Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act which prohibits the use of traps, poisons, drugs or explosives for hunting wild animals, and for other purposes.
HB 421. By Messrs. Matthews of Clark, Clary of McDuffie and Boggus of Ben Hill:
A Bill to be entitled an Act to provide for the procurement of group insurance for County employees and to authorize counties to pay the premiums thereon, and for other purposes.
HB 424. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb, Scoggin of Floyd and Sheffield of Brooks:
A Bill to be entitled an Act to provide for the manner in which licenses granted by the State of Georgia, or by any other duly authorized licensing authority, authorizing the manufacture of malt beverages may be revoked and renewed, and for other purposes.
HB 425. By Messrs. Willingham of Cobb, Groover of Bibb and Rowland of Johnson:
A Bill to be entitled an Act to amend an Act to provide a uniform method of fixing, limiting and restricting the salary, allowance and travel expense to be paid elected officials; to provide for the payment of certain other necessary expenses for the Commissioner of Labor; and for other purposes.
HB 426. By Messrs. Holley, Sanders and Chambers of Richmond:
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 having a population of not less than 100,000 inhabitants and not more than 110,000 inhabitants, the Clerk of the Superior Court and other officers, and for other purposes.
HB 427. By Messrs. Willingham, Reed and Bentley 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 change the tax rate; and for other purposes.
HB 429. By Mr. Matheson of Hart:
A Bill to be entitled an Act to amend an Act incorporating the City of Hartwell, and for other purposes.
TUESDAY, FEBRUARY 8, 1955
495
HB 430. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Eastman, and for other purposes.
HB 431. By Mr. Mull of Fannin:
A Bill to be entitled an Act to amend an Act creating a new charter and incorporating the City of McCaysville, and for other purposes.
HB 432. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to define the corporate limits in the territory known as the Forest Hills and Wheeler Heights area, and for other purposes.
HB 433. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, to authorize the City Council of Augusta to improve the sidewalks of the City, and for other purposes.
HB 434. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to authorize the Board of Education of Athens to sell certain described property without the necessity of a public auction, and for other purposes.
HB 435. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to grant a new charter to the City of Wintersville, now incorporated as the Town of Winterville; and for other purposes.
HB 436. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to repeal an Act entitled An Act to provide for a budget in all counties of this State having a population of 200,000 or more; To define the word Authorities as used herein; so as to provide that the Comptroller shall be Budget Officer, and for other purposes.
HB 437. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to fix the salaries of the judges of Juvenile Courts in counties of Georgia having a population of 400,000 or more; and for other purposes.
HB 438. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled An Act to provide in Fulton County a system for pensions and retirement pay to teachers and employees of the Board of Education, and for other purposes.
HB 439. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act entitled An Act to con-
496
JOURNAL OF THE HOUSE,
solidate the office of tax receiver and tax collector in the County of Carroll, and for other purposes.
HB 440. 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 own and operate, either alone or jointly with other political subdivisions of this State, a nursing Home for the care of aged, and for other purposes.
HB 441. 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 enlarge the corporate limits of the City of Athens, and for other purposes.
HB 442. 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 close that portion of Childs Street lying between Prince Avenue and Meigs Street within the corporate limits of the City of Athens, and for other purposes.
HB 443. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act entitled An Act to establish a City Court in the County of Clarke, and for other purposes.
HB 444. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act so as to provide that Coroners in Counties having a population of not less than 120,000 and not more than 145,000, shall receive a salary in lieu of the fees allowed by law for holding inquests; and for other purposes.
HB 445. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to amend an Act to provide for a county planning and zoning commission and county board of zoning appeals, and providing for their creation, organization functions and powers, and for the planning and zoning of said counties, in counties having a population between 108,000 and 112,000, and for other purposes.
HB 447. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to authorize the Ordinary of any county having a population of not less than 62,000, to maintain Microfilm records of newspaper, the official organ of the county, or other newspapers and such other records as may be required by law; and for other purposes.
HB 451. By Messrs. Bodenhamer of Tift and Barber of Jackson: A Bill to be entitled an Act to repeal an Act entitled An Act to author-
TUESDAY, FEBRUARY 8, 1955
497
ize and empower the Board of Education of any county or independent school system 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.
SB 31. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend the Trade Mark Act of 1952, and for other purposes.
SB 56. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act known as the Unemployment Compensation Law, so as to provide that certain provisions for emergency war-risk rates will be inapplicable during the calendar year 1955, and for other purposes.
SB 63. By Senator Ricketson of the 19th:
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.
HR 60-211a. By Mr. Musgrove of Clinch: A Resolution compensating Maitland Smith, and for other purposes.
HR 87-297g. By Mr. Mincy of Ware:
A Resolution authorizing payment of salary to Trooper Dessie Griffin of the State Patrol, and for other purposes.
HR 131-449e. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Resolution to create the Georgia Water Law Revision Commission; to survey the water laws and problems of this State; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on State of Republic and recommitted to the Committee on Insurance:
HB 459. By Messrs. Weems and Floyd of Chattooga and others:
A Bill to be entitled an Act to amend an Act prescribing uniform regulations for the distribution of liquified petroleum gases, and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on State of Republic, read the second time and recommitted:
SB 66. By Senators Overby of the 33rd and others:
A Bill to be entitled an Act to provide for slum clearance, and for other purposes.
498
JOURNAL OF THE HOUSE,
By unanimous consent, the following Resolution of the House was withdrawn from the Committee on State of Republic, read the second time and recommitted:
HR 134. By Mr. Tarpley of Union: A Resolution creating a committee to study the advisability of creating a state-wide probation system, 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 re-
committed:
SB 47. By Senators Harden of the 27th and others: A Bill to be entitled an Act to place the Solicitor General of Piedmont Judicial Circuit on a salary basis, 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:
SB 43. By Senator Overby of the 33rd: A Bill to be entitled an Act to amend an Act relating to Workmen's Compensation, 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 re-
committed:
HB 313. By Messrs. Denmark of Liberty and Deal of Bryan:
A Bill to be entitled an Act to amend an Act providing retirement benefits for Clerks of the Superior Courts, and for other purposes.
HB 406. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend the Code relating to the recording and priority of deeds, and for other purposes.
By unanimous consent, the following Bills of the House were withdrawn from the Committee on Georgia State Sanitarium, read the second time and recommitted:
HB 448. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A Bill to be entitled an Act to provide that before any petition is heard in the Superior Court of Baldwin County, the petitioner shall deposit a sum sufficient to pay the costs of court, and for other purposes.
HB 449. By Messrs. Duke and Massey of Baldwin and Jackson of Jones:
A Bill to be entitled an Act to amend an Act relating to lunacy trial of persons at Milledgeville State Hospital, and for other purposes.
TUESDAY, FEBRUARY 8, 1955
499
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Game and Fish, read the second time and recommitted :
HB 405. By Messrs. Parker of Appling, Harrison of Wayne, and others:
A Bill to be entitled an Act to amend an Act permitting the use of baskets in the taking of rough fish, and for other purposes.
By unanimous consent, the following Resolution of the House was withdrawn from the Committee on State of Republic, read the second time and recommitted:
HR 67-235d. By Messrs. Wheeler of Seminole, Deen of Bacon and others: A Resolution creating a committee of the House to investigate certain matters relative to public utilities, and for other purposes.
By unanimous consent, the following Bills 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 fees for licensing of vehicles, so as to remove the provision relative to the designation on license tags of the different classes of vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 7. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to vehicle license plate descriptions, transfers, duplicates, fees, and penalties, and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 61. By Senators Page of the 1st, Overby of the 33rd, Neel of the 7th and others:
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 Statecontributed Foundation program funds shall be allotted to local units of administration on the basis of current daily attendance; and for other purposes.
Referred to the Committee on Education # 1.
SB 67. By Senator Millican of the 52nd:
A Bill to be entitled an Act to place restrictions upon county officials and other public officials and employees thereof relative to a list of owners of motor vehicles furnished by the State Revenue Commissioner; and for other purposes.
Referred to the Committee on Motor Vehicles.
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JOURNAL OF THE HOUSE,
SB 69. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to provide for the self-government of municipalities; and for other purposes.
Referred to the Committee on General Judiciary # 2.
SB 70. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing for the creation, membership and compensation of a State Literature Commission, and for other purposes.
Referred to the Committee on State of Republic.
SB 72. By Senator Page of the 1st:
A Bill to be entitled an Act to amend an Act providing for the payment of pensions to employees who have been affiliated with any nursing service or agency who has worked under the supervision of the City Health Officer and Director of Nurses prior to becoming an employee of the City of Savannah; and for other purposes.
Referred to the Committee on Municipal Government.
SB 60. By Senators Florence of the 39th, Harrison of the 17th and Jones of the 38th:
A Bill to be entitled an Act to completely and exhaustively revise, supersede and consolidate the laws relating to the State Game and Fish Commission, to Game and Fish, and to wildlife, whether codified or statutory; and for other purposes.
Referred to the Committee on Game and Fish.
Mr. M. Smith of Fulton asked unanimous consent that the House reconsider its action in failing to pass the following Bill of the House:
HB 279. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide that no person under the age of 21 years shall be executed, and for other purposes.
Objection was heard, and Mr. M. Smith of Fulton moved that the House reconsider its action in failing to pass HB 279.
On the motion to reconsider, the ayes were 57, nays 55.
The motion to reconsider prevailed.
Under the regular order of business, the following Bill of the House was again taken up for consideration and read:
TUESDAY, FEBRUARY 8, 1955
501
HB 175. By Messrs. Bodenhamer of Tift, Jones of Worth and others:
A Bill to be entitled an Act to amend an Act so as to change the method of compensating Judges of the Superior Court Emeritus, and for other purposes.
A substitute offered by the Committee was read.
An amendment to the substitute, offered by Mr. Bodenhamer of Tift, was read and adopted.
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 35, nays 80.
The bill, having failed to received the requisite 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 272. By Mr. Odom of Camden: A Bill to be entitled an Act to amend an Act authorizing the construction of certain roads by the Fernandina Port 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, Mr. Odom of Camden 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 Allen Ayers Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Blackburn Bloodworth Boggus Bolton
Brannen Brown Caldwell Callier Campbell Cason Chambers Cheatham Cheek Cloud Cocke Coker of Cherokee
Coker of Walker Cornelius Cotton Cowart Coxwell Deal Deen Dozier Duke Edenfield Elder English
502
JOURNAL OF THE HOUSE,
Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Frier Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Dade Hall Hardaway Harris Hawkins Hayes Henderson Hogan Holley Houston Hudson Ivey Johnson of Gilmer Jones of Worth Jones of Laurens Kelley Kennedy of Turner Kilgore
Killian King of Whitfield King of Chattahoochee King of Pike Lam Land Lokey Long Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McKelvey McWhorter Mincy Mobley Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nilan Odom Palmer Parker Peters Pettey Pickard
Potts Ramsey Raulerson Rodgers Rowland Ruark Russell Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Sognier Souter Strickland Stripling Tamplin Tarpley Terrell Truelove Twitty Underwood of Bartow Upshaw Veal Walker Watson Weems Wilson of Towns Wooten Wright Young
Those voting in the negative were Messrs.:
Black Carlisle Clary Garrard
Harrison of Jeff Davis Jones of Sumter McCracken Pelham
Ray Register Todd Williams
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 135, nays 12.
The bill, having received the requisite constitutional majority, was passed.
HB 305. By Mr. Sheffield of Brooks: A Bill to be entitled an Act to authorize the establishment of limitedaccess highways, and for other purposes.
The following amendments were read and adopted: Mr. Sheffield of Brooks moves to amend HB 305 by striking the
TUESDAY, FEBRUARY 8, 1955
503
last paragraph of Section 3 and substituting in lieu thereof the following paragraph:
"No commercial enterprise or activities shall be authorized or conducted by the State Highway Department of any other agency or political subdivision of the State within or on the property acquired for rights-of-way of limited-access highways as defined in this Act, provided, that the term "commercial enterprise or activities" shall be so construed as to prevent the installation of public utility facilities, under the rules and regulations of the State Highway Department."
Mr. Sheffield of Brooks moves to amend Section 6 of HB 305 by adding the following sentence to the end of the paragraph following the word "highway": "In the same manner as such Governmental Units are now or may hereafter be authorized by law."
Mr. Sheffield of Brooks:
Amends Section 3, line 7, by inserting after the semicolon following the word "facilities" the following words: "provided that traffic conditions, present or future, deemed as justifying such special. facilities shall be construed to mean a road having present traffic volumes requiring a minimum of a four-lane highway, or traffic volumes estimated to be accommodated by the highway within a period not to exceed twenty years from the date of such consideration that will require a minimum of four lanes of road;"
So that the first paragraph of Section 3 shall read as follows:
Authority to Establish Limited-Access Highways. The State Highway Department of Georgia or the highway authorities of any county or municipality in this State, acting alone or in cooperation with each other or with any Federal, State or local agency, are hereby authorized and empowered to plan, designate, establish, regulate, abandon, alter, improve, maintain and provide limited-access highways, roads or streets for public use wherever such authority or authorities consider that traffic conditions, present or future, justify such special facilities; provided that traffic conditions, present or future, deemed as justifying such special facilities shall be construed to mean a road having present traffic volumes requiring a minimum of a four-lane highway, or traffic volumes estimated to be accommodated by the highway within a period not to exceed twenty years from the date of such consideration that will require a minimum of four lanes of road; provided that within municipalities such authorization shall be subject to such municipal consent as may be 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 111, nays 4.
The bill having received the requisite constitutional majority, was passed, as amended.
HB 392. By Messrs. Key of Jasper and Veal of Putnam: A Bill to be entitled an Act to amend an Act relating to keeping live-
504
JOURNAL OF THE HOUSE,
stock from running at large so as to make the provisions thereof applicable to every county, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
The bill, having received the requisite constitutional majority, was passed.
Messrs. Hendrix of Long, Smith of Emanuel, Deal of Bryan, and Raulerson of Echols requested that the Journal show them as having voted against the passage of HB 392. Mr. H. Smith of Fulton requested that the Journal show him as having voted for the Bill.
The bill was ordered immediately transmitted to the Senate.
HB 151. By Messrs. Kennedy of Turner and Groover of Bibb:
A Bill to be entitled an Act to regulate small loans and to be known as the Industrial Loan Act, and for other purposes.
The House was resolved into the Committee of the Whole House to consider
HB 151, and the Speaker designated Mr. Smith of Emanuel as the Chairman thereof.
The Committee of the Whole House arose and through its Chairman reported the bill back to the House with the recommendation that it do pass as amended.
The following Committee amendments were read and adopted:
Mr. Watson of Dougherty moves to amend HB 151 by deleting Item 3 under Section 13 and the words "the findings of fact made by the Commissioner shall be conclusive but" and by adding in lieu of said word "but" the word "and".
Mr. Nightingale of Glynn moves to amend HB 151 by adding the following sentence at the end of Section 22 of said Bill: "(f) Nothing in this Act shall be construed as repealing the provisions of Section 57-116 of the Code of Georgia of 1933, as amended."
Mr. Terrell of Decatur moves to amend HB 151 by deleting all of Section 11 and substituting in its place the following:
"SECTION 11.
Examinations. For the purpose of discovering violations of this Act, the Commissioner or his duly authorized representative may from time to time examine the books, accounts, papers and records of: (1) any licensee, (2) any person who advertises for, solicits, or holds himself out as willing to make loans in amount of $2,500.00 or less, or (3) any person whom the Commissioner has reason to believe is violating or is about to violate the provisions of this Act. The Commissioner may subpoena witnesses, books, accounts, papers and records, administer oaths, hold hearings, and take testimony under oath in conducting exami-
TUESDAY, FEBRUARY 8, 1955
505
nations and hearings authorized under this Act. The cost of any such examination, investigation or hearing, in the discretion of the Commissioner may be charged to the licensee or person examined subject to review by the Superior Court under Section 13. The examinations, investigations or hearings provided for herein shall be conducted in the county where in the business of the licensee is located or where the person required to have a license hereunder, is engaged in the business of making loans or elsewhere upon consent of the parties involved."
Mr. Lokey of Fulton moves to amend HB 151 by adding the following sentence at the end of Section 17:
"Provided, further, that if the borrower has been required to purchase other than insurance coverage in a blanket policy when he has paid no acquisition cost, he shall have the option to continue such insurance in force for the balance of the policy period, with all rights transferred to the borrower or his assigns, in which event no refund of insurance premiums shall be made to him."
Mr. Lokey of Fulton moves to amend HB 151 by adding at the end of Section 15 (c) the following: "It is further provided that no borrower can be required to obtain new or additional insurance of either of said categories for securing a loan made under this Act when such borrower already owns such insurance as would be a permissible requirement hereunder and assigns same as such security."
The Committee on State of Republic moves to amend HB 151 by inserting between the word "and" and the word "premium" in line 19 of Section 15 (c) the word "maximum". And by inserting between the word "be" and the word "effective" in line 23 of Section 15 (c) the words "the maximum".
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Allen Ayers Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Boggus Bolton Brannen Brown Caldwell Campbell
Carlisle Cheatham Cheek Clary Cocke Coker of Cherokee Cotton Cowart Coxwell Deal Denmark Dozier Drinkard Duke Duncan Elder
English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas. Fowler of Tift Freeman Frier Garrard Green of Rabun Greene of Crisp. Grimsley Groover
506
JOURNAL OF THE HOUSE,
Gross of Stephens Gross of Dade Harrell Harris Harrison of Jeff Davis Hawkins Henderson Hendrix Hogan Hudson Jessup Johnson of Jenkins Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Kennedy of Turner Kennedy of Tattnall Key Killian King of Chattahoochee King of Pike Lam Land Lanier Lokey Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes
Matthews Mauldin McCracken McKelvey McKenna McWhorter Mincy Mobley Moorman Mull Murphy of Haralson Murr Musgrove Nightingale Nilan Palmer Parker Pelham Perkins Peters Pettey Phillips of Columbia Pickard Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland
Russell Scoggin Sheffield Short Singer Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Stephens of Clarke Strickland Stripling Tamplin Tarpley Terrell Todd Truelove Turk Twitty Underwood of Bartow Upshaw Walker Watson Wheeler Williams Willingham Willis Wilson of Towns Wooten Wright Young
Those voting in the negative were Messrs.:
Chambers Cloud Cornelius Gillis Hayes Holley
Houston King of Whitfield Long McGarity Murphey of Crawford Peacock
Sanders Sivell M. M. Smith of Fulton Stevens of Marion Veal
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 142, nays 17.
The bill having received the requisite constitutional majority, was passed, as amended.
The Clerk was directed to correct certain typographical errors appearing in HB 151.
Mr. Groover of Bibb moved that the House do now recess until 2:00 o'clock P. M., and the motion prevailed.
TUESDAY, FEBRUARY 8, 1955
507
The Speaker announced the House recessed until 2:00 o'clock, P. M., this afternoon.
AFTERNOON SESSION 2:00 O'Clock P. M.
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 121. By Messrs. Sheffield of Brooks and Fowler of Douglas:
A Bill to be entitled an Act to amend the Code so as to change certain fees of sheriffs, and for other purposes.
The following substitute, offered by Mr. Sheffield of Brooks, was read:
A BILL
To be entitled an Act to amend Section 24-2823 of the Code of Georgia, relative to the enumeration of Sheriffs' fees, as amended, so as to change certain of the fees contained therein; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Section 24-2823 of the Code of Georgia, relative to the enumeration of Sheriffs' fees, as amended, is hereby amended by striking in their entirety the provisions thereof and inserting in lieu thereof new provisions as follows:
"24-2823. Fees enumerated.-For summoning each juror, grand or traverse, drawn to serve at any regular term of any city or superior court; or any tales juror, grand or traverse, drawn during any term of any city or superior court, the sum of $1.00. However, in all counties of this State where the sheriff is paid a salary only, the provisions of this section shall not apply.
"CIVIL CASES.
Serving copy of a process and returning original per copy______$ 5.00
Suit from another county, to be paid in advance_______________________ 5.00 Summoning each witness__________________________________________________________________ 1.00
Summoning jury and attending trial to assess damage for right of way__________________________________________________________________________ 5.00
Service in every case before a jury________________________________________________ 2.00
Each levy of fieri facias______________________________________ ____________________
5.00
Search and return of nulla bona______________________________________________________ 3.00
Serving summons of garnishment, or rule against garnishee ___ 5.00 If more than one, for each additional copy___ ________________ _____________ 2.00
Summoning jury, case of nuisance, each juror___________________________ 1.00 Each juror in any county court______________________________________________________ 1.00
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JOURNAL OF THE HOUSE,
Each juror for the superior court or city court -------------------------- 1.00
Commissions on sales of property, on sums of $50 or less,
5 per cent. On excess above $50 up to $550, 2Yz per cent.
For all sums exceeding $550. on excess, 11,4 per cent. No
commissioners shall be charged unless property is actually
sold.
Making out and executing titles to land ____________________________________ $ 5.00 If presented by purchaser________________________________________________________________ 2.50
Executing bill of sale to personal property, when demanded by purchaser______________________________________________________________ 3.00
Forthcoming bonds ---------------------------------------------------- _______________ 4.00
Serving process against tenant holding over, or intruder
upon land to dispossess them --------------------------------------------------- 4.00 For dispossessing tenant or intruder _____________________________________________ 9.00
Taking and returning counter-affidavit when summary
process to dispossess tenant or intruder is resisted ____________ 4.00
Settling each execution in his hands, settled without sale________ 4.00
Settling execution from justice's court____ ------------------------------------- 3.00 Keeping horse or mule per day________________________________________________________ 1.00 Each head of cattle, per day____________________________________________________________ .50 Each head of sheep, hogs, or goats, per day________________________________ .50
Levying an attachment _____________ -------------------------------------------------------- 4.00
Following property out of county with attachment,
for every mile going and returning ------------------------------------- .12Yz Attending, superior or city courts, per day_________________________________ 10.00
Courts of ordinary, per day ____________________ --------------------------------------- 5.00
At elections as required by law, each day____ --------------------------------- 10.00
Collecting tax fi. fa's. $100 or less, each -------------------------------
1.00
Collecting tax fi. fa's. over $100, each ------------------------------------
3.00
The per diem for attendance on courts and elections, and
service in summoning jurors shall be paid by the county.
"CRIMINAL CASES.
Removing prisoner when habeas corpus is sought for his relief 5.00 Removing prisoners under habeas corpus when no
mileage is paid, per day___________________________________________________________ 5.00 Personal services rendered out of the county on official
business authorized by the county authorities, per day ____ 10.00 and actual expenses. Attending person taken by warrant to judges chamber, For each time _____________________________________ ---------------------------------- 2.50
Conducting prisoner before judge or court to and from jaiL____ 2.00 Executing and returning a bench warrant __________________________________ 6.00
Apprehending a person suspected, if committed or held to bail __________________________ ------------------------------------------------ 6.00
Each person, not exceeding two, who may be employed to guard a prisoner to and from jail, per day____________________ 2.50
Summoning each witness__________________________________________________________________ 1.00 Taking bonds in criminal cases________________________________________________________ 4.00 Executing a criminal________________________________________________________________________ 10.00
Executing a warrant of escape________________________________________________________ 4.00
Services in every criminal cases before a judge or a judge and jury____________________________________________________________________ 3.00
TUESDAY, FEBRUARY 8, 1955
509
Mileage fees, fees for executing criminals and for guard, fees for subpoenaing witnesses for the State as hereinbefore provided, shall be paid by the county; and no criminal cost herein provided for shall be collectible out of the defendant until after conviction, except costs accruing upon forfeited recognizances. For turning key on receiving prisoners in county jail _______ _______ 1.00
For discharging prisoners _______ ------------------------------------------------------- 1.00 For feeding prisoners, confined in the common jail, such fees as may be fixed by the fiscal authorities of the county who are authorized by law to fix such fees. The jail fees herein provided shall be paid monthly by the county, provided that local laws regulating county jails or fixing salaries for jailers or their fees shall not be repealed by this provision. All costs arising from services rendered in felony cases shall be paid from county funds, whether the defendant is convicted or acquitted. Sheriffs shall be entitled to receive the fees provided for in this section for all arrests in all criminal cases, tried or otherwise disposed of in the superior, city and Ordinary's court. No local law shall be affected hereby: Provided, that if provisions be made by local or special law for special compensation, the sheriff shall not be entitled to compensation both under this section and under such local or special law, unless specifically provided for under such local or special law."
SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Lavender of Elbert moved the previous question on the bill, the substitute, and all amendments, and the previous question was ordered.
A substitute to HB 121, offered by Mr. Bolton of Spalding, was withdrawn.
An amendment offered by Mr. Carlisle of Bibb was read and lost.
The following amendment was read:
Mr. Strickland of Toombs moves to amend the substitute to HB 121 by striking all of Section 1 coming after portion entitled "Criminal Cases".
On the adoption of the amendment, the ayes were 4, nays 101.
The amendment was lost.
The following amendment was read:
Mr. Veal of Putnam moves to amend the substitute to HB 121 by striking from Section 1 the entire 11th line and inserting in lieu there-
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JOURNAL OF THE HOUSE,
of the following: "Serving copy of process and returning original$5.00"; and by adding immediately thereafter the following: "For each copy after the first-$3.00".
On the adoption of the amendment, the ayes were 49, nays 71.
The amendment was lost. An amendment offered by Mr. Carlisle of Bibb was read and lost. An amendment offered by Mr. Mauldin of Gordon was read and lost.
The substitute offered by Mr. Sheffield of Brooks was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 136, nays 8.
The bill having received the requisite constitutional majority, was passed, by substitute.
Messrs. Williams of Hall and Watson of Dougherty requested that the Journal show them as having voted against the passage of HB 121.
The bill was ordered immediately transmitted to the Senate.
HB 350. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to authorize the State Office Building Authority to construct projects on the Confederate Soldiers' Home Property, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 171. By Messrs. Twitty of Mitchell and Short of Colquitt: A Bill to be entitled an Act to amend an Act so as to change the rate of taxation for foreign and domestic wines, and for other purposes.
The report 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 9.
The bill, having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 8, 1955
511
Under the regular order of business, the following Bill of the House was again taken up for consideration and read:
HB 70. By Messrs. Henderson of Atkinson and Deen of Bacon: A Bill to be entitled an Act to amend the Code so as to provide that motor vehicle license tags shall bear a prefix showing the relative population of counties, and for other purposes.
The following amendment was read and adopted: Mr. Henderson of Atkinson moves to amend HB 70 by striking
out the word "shall" and adding the word "may" in paragraph (a), 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, the ayes were 121, 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 and Senate were taken up for consideration and read the third time:
HB 270. By Messrs. Denson and Watson of Dougherty and others:
A Bill to be entitled an Act to amend the Code so as to provide for the payment of commissions on certain taxes into the county treasury of counties in which the tax collector is on a salary basis, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Counties and County Matters moves to amend HB 270 by deleting the word "further" in the lOth to last line of Section 1 of said 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 106, nays 9.
The bill, having received the requisite constitutional majority, was passed, as amended.
HB 188. By Mr. H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to authorize cities to adopt ordinances regulating traffic within the corporate limits, and for other purposes.
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JOURNAL OF THE HOUSE,
The following committee amendment was read:
The Committee on General Judiciary # 1 moves to amend HB 188
by adding to Section 1 the following: "Provided, however, that this Act shall not apply to counties having a population of less than 100,000 according to the 1950 United States Census or any future census." And to amend the caption accordingly.
The following committee amendment to the committee amendment was read and adopted :
The Committee on General Judiciary # 1 moves to amend the
amendment to HB 188 by striking the word "Act" and substituting the word "section", by striking the word "to" and substituting the word "in", and by striking the figure 100,000 and substituting the figure 114,000, so that said amendment will read as follows: "Provided, however, that this section shall not apply in counties having a population of less than 114,000 according to the 1950 United States census or any future census."
The committee amendment, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 115, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.
HB 240. By Mr. Drinkard of Lincoln: A Bill to be entitled an Act to ratify executive orders changing the annual license fees on motor buses used for hire, and for other purposes.
The report 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 403. By Messrs. Hayes of Coffee, Henderson of Atkinson and others: A Bill to be entitled an Act to create the Georgia State Museum of Science and Industry, and for other purposes.
An amendment offered by Mr. Williams of Hall 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 111, nays 0.
TUESDAY, FEBRUARY 8, 1955
513
The bill having received the requisite constitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
SB 32. By Senator Matthews of the 47th:
A Bill to be entitled an Act to provide that no auction sale of fluecured tobacco may be held prior to the Third Thursday in July, and for other purposes.
The following committee amendment was read and adopted:
The Committee on General Agriculture # 1 moves to amend SB 32
by inserting in Section 2, line 5 after the word "license" and before the word "shall" the word "fee" and inserting in line 6 after the word "be" and before the word "for" the words "ten dollars" and amend the caption by inserting after the word "a" in line 3 the words "license and" and the word "fee" in the third line after the word "license" and before the word "to".
The following amendments were read and adopted:
Mr. Allen of Bulloch moves to amend SB 32 by striking Section IX in its entirety and inserting in lieu thereof the following: "The maximum rate of sales at such warehouse shall not exceed four hundred fifty (450) baskets during any one hour, nor shall the rate of sales exceed four hundred fifty (450) baskets per hour."
Messrs. Deen of Bacon and Gillis of Treutlen move to amend Section 4 of SB 32 by adding a new sentence at the end of the section to read as follows: "Provided, however, said members shall not receive per diem to exceed 7 days per year."
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 0.
The bill having received the requisite constitutional majority, was passed, as amended.
The following Resolutions of the House were read and referred to the Committee on Historical Research:
HR 144. By Messrs. Chambers, Holley and Sanders of Richmond:
A Resolution proposing the acceptance as a State Historical Site in Richmond County of the premises known as "The White House of Augusta", and for other purposes.
HR 145. By Mr. Veal of Putnam:
A Resolution designating December 9th of each year as official Uncle Remus Day, and for other purposes.
514
JOURNAL OF THE HOUSE,
The following Resolution of the House was read and referred to the Committee on State of Republic:
HR 146. By Mr. Cloud of Decatur:
A Resolution authorizing an inspection of the facilities of the State Game and Fish Commission by designated members of the House, and for other purposes.
The following Resolution of the House was read and referred to the Committee on Veterans Affairs:
HR 147. By Messrs. Perkins of Carroll, Matheson of Hart and others:
A Resolution petitioning the Congress of the United States to equalize the benefits under the Korean Veteran Farm Training Program with those of the World War II Veteran Farm Training Program, and for other purposes.
The following Resolution of the House was read and referred to the Committee on Public Property:
HR 148. By Mr. Matthews of Clarke:
A Resolution declaring certain property as unserviceable and surplus, and for other purposes.
The following Resolutions of the House were read and adopted:
HR 149. By Messrs. Fowler of Tift, Ayers of Madison and others: A Resolution wishing a speedy recovery for Mrs. A. C. Moore, and for other purposes.
HR 150. By Messrs. Smith of Emanuel, Ray of Warren and others:
A Resolution expressing good wishes to the Honorable Joe Jeff Moore, and for other purposes.
The following Resolution of the House was read and referred to the Committee on State of Republic:
HR 151. By Mr. Parker of Appling:
A Resolution requesting the Commissioner of Revenue to investigate the feasibility of using license tags for period of five years and smaller tags for the four years after issue, and for other purposes.
The following Resolutions of the House were read and adopted:
HR 152. By Messrs. Smith of Emanuel, Groover of Bibb and McCracken of Jefferson:
A Resolution protesting the confirmation of the appointment of Judge
TUESDAY, FEBRUARY 8, 1955
515
Harlan to the Supreme Court by the Senate of the United States, and for other purposes.
HR 153. By Messrs. Groover of Bibb, Moate of Hancock, and Fowler of Douglas:
A RESOLUTION
Commending Congressman E. L. Forrester for his sponsoring of legislation circumscribing the jurisdiction of the Federal Courts and urging upon Congress the passage of such legislation.
WHEREAS, it has been brought to the attention of this General Assembly that Honorable E. L. Forrester, United States Congressman from the Third District of Georgia, has introduced in Congress certain remedial legislation circumscribing the jurisdiction of the Federal judiciary in cases involving the administration by the sovereign states of their respective school systems; and
WHEREAS, it is now apparent to this body that for public education to retain its historic, constitutional status as a state function, some curtailment must, ex necessitate, be imposed upon the Federal Courts, more particularly the United States Supreme Court; and
WHEREAS, the unwarranted judicial interference by the Federal judiciary into the local affairs of the several states can only result in their gradual extinction.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING, that this General Assembly does respectfully commend Congressman Forrester for his worthwhile endeavor and earnestly urges the enactment by the Congress of Congressman Forrester's bill.
BE IT FURTHER RESOLVED that a copy of these presents be forthwith dispatched to Congressman Forrester, the President of the Senate and Speaker of the House of Representatives, and to every member of the Georgia Delegation to Congress.
HR 154. By Mr. Groover of Bibb:
A RESOLUTION.
WHEREAS, by action of the Legislature and approval of the Governor, the State of Georgia became party to the Southern Regional Education Compact with the States of Alabama, Arkansas, Florida, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas and Virginia on January 26th, 1949; and
WHEREAS, the States of Delaware and West Virginia have indicated their interest in becoming party to the said Compact,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA
Section I. That the admission of the States of Delaware and West Virginia be approved and that the State of Delaware and/or West Virginia become party to the Compact upon approval of their respec-
516
JOURNAL OF THE HOUSE,
tive Legislatures and their respective governors and upon approval of their admission by the other States party to the Compact.
Section II. That upon approval of this Resolution the Governor signed an engrossed copy of this Resolution for submission to the Southern Regional Education Board.
Section III. This Resolution shall take effect upon its approval by the Governor.
The following Resolution of the House was read and referred to the Com-
mittee on Education # 1:
HR 155. By Messrs. Perkins and Duncan of Carroll:
A Resolution requesting the Georgia Accrediting Commission to rescind certain of its actions relative to the minimum Average Daily Attendance requirements for accredited high schools, and for other purposes.
Mr. Groover of Bibb moved that the House do now adjourn until10:00 o'clock tomorrow morning and the motion prevailed.
Messrs. Bentley of Cobb and Cason of Pierce were granted leaves of absence.
The Speaker announced the House adjourned until 10 :00 o'clock tomorrow morning.
WEDNESDAY, FEBRUARY 9, 1955
517
House of Representatives, Atlanta, Georgia. Wednesday, February 9, 1955.
The House met pursuant to adjournment this day at 10 :00 o'clock, A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain.
The roll was called and the following members answer to their names:
Adams Allen Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brown Caldwell Callier Campbell Carlisle Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Deen Denmark Denson Dozier Drinkard Duke Duncan Elder
English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hogan Holley Houston Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan
Kelley Kennedy of Turner Kennedy of Tattnall Key Killian King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom
518
JOURNAL OF THE HOUSE,
Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Ruark Russell Rutland
Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley Terrell Todd Truelove
Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker
Mr. Boggus of Ben Hill, 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. Nightingale of Glynn moved that the Committee on State of Republic be instructed to report the following Bill of the House back to the House:
HB 309. By Messrs. Nightingale and Killian of Glynn and others:
A Bill to be entitled an Act to provide for municipal home rule, and for other purposes.
On the motion, Mr. Nightingale 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 Ayers Bagby Bentley Birdsong Blackburn Bloodworth Bolton
Brown Chambers Cheatham Cheek Cowart Coxwell Deen Denmark
Dozier Duncan English Eyler Fowler of Douglas Freeman Gilleland Grimsley
WEDNESDAY, FEBRUARY 9, 1955
519
Gross of Stephens Gross of Dade Hardaway Hogan Holley Hudson Johnson of Jenkins Johnson of Gilmer Jones of Laurens Kelley Kennedy of Tattnall Killian Kitchens Lam Lavender Lindsey Lokey Long
Love Mackay Martin Mashburn Matheson of Hart McKenna McWhorter Murphy of Haralson Murr Musgrove Nightingale Nilan Palmer Parker Peters Phillips of Walton Pickard Raulerson
Russell Sanders Singer Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Sognier Strickland Tanner Tarpley Veal Walker Watson Williams Willis Wilson of Towns Wooten Young
Those voting in the negative were Messrs.:
Allen Baughman Black Blalock Boggus Brannen Caldwell Callier Carlisle Clary
Cocke Coker of Cherokee Cornelius Cotton Deal Denson Drinkard Duke Elder Flynt Fordham Foster Frier Garrard Gillis Green of Rabun Greene of Crisp
Groover Harrell Harris Harrison of Jeff Davis Harrison of Wayne Hawkins Huddleston Hurst lvey Jackson Jones of Lumpkin Jones of Sumter Jordan King of Chattahoochee King of Pike Land Mathis of Lowndes Matthews Mauldin McGarity McKelvey Mincy Moore Moorman Mull Peacock Pelham
Perkins Pettey
Potts Register Rodgers Rowland Scoggin Sheffield Sivell Souter Stephens of Clarke Stevens of Marion Stripling Tamplin Terrell Turk Twitty Underwood of Bartow Underwood of
Montgomery Wheeler Willingham Wilson of Peach Wright Mr. Speaker
By unanimous consent, verification of the roll call was dispensed with.
On the motion, the ayes were 78, nays 78.
The motion was lost.
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JOURNAL OF THE HOUSE,
Mr. Nightingale of Glynn gave notice that at the proper time he would move that the House reconsider its action in failing to instruct the Committee to report HB 309 back to the House.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents :
1. Introduction of Bills and Resolutions under the Rules of the House.
2. First reading and reference of 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 of 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 he deems advisable.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 501. By Messrs. Underwood of Bartow, Cornelius and McKelvey of Polk, Upshaw of Bartow, Bagby of Paulding and Scoggin of Floyd:
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 sale of medicine by a doctor's prescription shall not be subject to the tax imposed by this Act, and for other purposes.
Referred to the Committee on Ways and Means.
HB 502. 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 General Judiciary # 2.
HB 503. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to provide for the inspection and regulation of the sale of Anti-Freeze Substances and Preparations; and for other purposes.
Referred to the Committee on State of Republic.
HB 504. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend an Act relative to applications to the Board of Dental Examiners and fees, expenses and compensation of such Board, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
WEDNESDAY, FEBRUARY 9, 1955
521
HB 505. By Messrs. Harrison of Jeff Davis, Boggus of Ben Hill, Clary of McDuffie, Williams of Hall, Gillis of Treutlen and others:
A Bill to be entitled an Act to further regulate sale, inspection, sampling, of fertilizer and fixing additional requirements governing same; and for other purposes.
Referred to the Committee on General Agriculture # 2.
HB 506. By Messrs. Cason of Pierce, Frier of Ware, Hayes of Coffee, Mincy of Ware, Harris of Brantley, Rodgers of Charlton and others:
A Bill to be entitled an Act to amend an Act which provided a salary for the Solicitor-General of the Waycross Judicial Circuit, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 507. By Mr. Cason of Pierce:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Pierce, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 508. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act 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 Counties and County Matters.
HB 509. By Mr. Johnson of Gilmer:
A Bill to be entitled an Act to amend an Act incorporating and establishing the City of East Ellijay, so as to authorize and empower said City to contract with any municipality for the purchase of water for the use, consumption and protection of the inhabitants of said city, and for other purposes.
Referred to the Committee on Municipal Government.
HB 510. By Mr. McGarity of Henry:
A Bill to be entitled an Act to require the Board of Education and the School Superintendent of Henry County to publish a monthly financial statement of receipts and disbursements and the annual itemized report of the examination by the State Department of Audits of the Henry County Board of Education; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 511. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to provide that in Fulton County the Ordinary, Sheriff, Clerk of Superior Court, Tax Receiver,
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JOURNAL OF THE HOUSE,
Tax Collector and County Treasurer may appoint a Chief Deputy, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 512. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act creating a charter for the City of McDonough, and for other purposes.
Referred to the Committee on Municipal Government.
HB 513. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled tm Act to create a charter for the City of Conley, in the County of Clayton, and for other purposes.
Referred to the Committee on Municipal Government.
HB 514. By Mr. Hendrix of Long:
A Bill to be entitled an Act to provide for the election of County Commissioners from each district in the County of Long, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 515. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to provide that in all counties of this State having a population of more than 4,500 and less than 4,525, the Chairman of the Board of Commissioners of Roads and Revenues may pay debts of the county out of any funds available, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 516. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act entitled An Act to create a new Charter for the City of Marietta, and for other purposes.
Referred to the Committee on Municipal Government.
HB 517. By Messrs. Groover of Bibb, Upshaw of Bartow and Cloud of Decatur:
A Bill to be entitled an Act to amend the Intangible Property Tax Act, so as to include a provision in Section 6, Part 1 that in lieu of specifying the dates upon which such note or notes fall due, a statement may be made in the Security instrument that all such note or notes fall due within three years from the date thereof or from the date of any such instrument executed to secure the same, and for other purposes.
Referred to the Committee on Ways and Means.
WEDNESDAY, FEBRUARY 9, 1955
523
HB 518. By Messrs. Bodenhamer of Tift and MeWhorter of DeKalb:
A Bill to be entitled an Act to permit the breeding of pen-raised quail for commercial purposes; and for other purposes.
Referred to the Committee on Game and Fish.
HB 519. By Mr. Groover of Bibb:
A Bill to be entitled an Act to regulate the submission of proposals, the taking of bids and the awarding of contracts to perform public works for the State Highway Department of Georgia, and for other purposes.
Referred to the Committee on State of Republic.
HB 520. By Messrs. Rowland of Johnson and Coker of Cherokee:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to authorize the revocation of a parole without a hearing in certain cases; and for other purposes.
Referred to the Committee on State of Republic.
HB 521. By Mr. M. Smith of Fulton: A Bill to be entitled an Act to amend an Act relating to capital stock required of insurance companies, so as to reduce the par value of the shares of such stock; and for other purposes.
Referred to the Committee on Insurance.
HB 522. By Mr. Cotton of Baker: A Bill to be entitled an Act to amend an Act incorporating the City of Newton, and for other purposes.
Referred to the Committee on Municipal Government.
HB 523. By Messrs. H. Smith, M. Smith and Lokey 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 524. By Mr. King of Pike:
A Bill to be entitled an Act to fix the salary of the Clerk of the Board of Commissioners of Roads and Revenues of Pike County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 525. By Messrs. Jones and Hogan of Laurens: A Bill to be entitled an Act to amend an Act incorporating the town
524
JOURNAL OF THE HOUSE,
of Dudley, so as to increase the authorized rate of taxation from ten to fifteen mills; and for other purposes. Referred to the Committee on Municipal Government.
HB 526. By Messrs. Jones and Hogan of Laurens: A Bill to be entitled an Act to amend the Charter of the Town of East Dublin; and for other purposes.
Referred to the Committee on Municipal Government.
HB 527. By Messrs. Willingham of Cobb, Reed and Bentley of Cobb:
A Bill to be entitled an Act to provide that the governing authorities of certain counties may fix license fees, charge for inspections, require permits and to set up a Code, and providing rules and regulations for the installation of Plumbing in said counties, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 528. By Messrs. Willingham, Reed and Bentley 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 increase the corporate limits, and for other purposes.
Referred to the Committee on Municipal Government.
HR 156-528a. By Mr. Peacock of Dodge:
A Resolution to compensate Hal S. Martin for the damages inflicted upon his automobile by a convict from the Wayne County Prison Branch who escaped while building culverts at the Telfair Prison Branch, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 157-528b. By Messrs. Duke and Massee of Baldwin:
A Resolution compensating Ed. Fountain for an automobile stolen by some escaped inmates of the Boys Training School in Baldwin County, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 158-528c. By Mr. Musgrove of Clinch:
A Resolution to designate Route S-594 in Clinch County between Homerville and Cogdell as the Frank S. Sessoms Memorial Highway, and for other purposes.
Referred to the Committee on Public Highways #1.
HR 159-528d. By Messrs. Duke and Massee of Baldwin: A Resolution to compensate the Clerk and Sheriff of the Superior
WEDNESDAY, FEBRUARY 9, 1955
525
Court of Baldwin County for costs due in habeas corpus proceedings in the Superior Court of Baldwin County, and for other purposes.
Referred to the Committee on Special Judiciary.
HR 160-528e. By Mr. Groover of Bibb:
A Resolution authorizing the coverage by property and liability insurance of the automobile furnished to the Governor for his official use by the State, and to pay the premiums therefore, and for other purposes.
Referred to the Committee on State of Republic.
HR 161-528f. By Mr. Phillips of Walton:
A Resolution authorizing the conveyance of certain property and for other purposes.
Referred to the Committee on Public Property.
HR 162-528g. By Mr. Duke of Baldwin:
A Resolution to compensate Middle Georgia Bottling Company of Macon, for damages occasioned to its truck as a result of an accident caused by a Georgia Department of Public Safety vehicle, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 163-528h. By Mr. Tarpley of Union:
A Resolution compensating the Union County Soils Club, Inc., a farmers cooperative association, of Blairsville, Union County, and for other purposes.
Referred to the Committee on Special Appropriations.
HB 529. By Mr. Johnson of Gilmer:
A Bill to be entitled an Act to amend an Act incorporating and establishing the City of Ellijay in the County of Gilmer, so as to authorize and empower the City of Ellijay to contract with any other municipality, person, firm or corporation for the purchase of water from the said City of Ellijay, and for other purposes.
Referred to the Committee on Municipal Government.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Nightingale of Glynn County, Chairman of the Committee on Amendments to the Constitution #2, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to the Constitution #2 has had under consideration the following Resolutions of the House and Senate and has instructed
526
JOURNAL OF THE HOUSE,
me as Chairman, to report the same back to the House with the following recommendations:
HR 21-47b. Do Pass, by substitute. SR 20. Do Pass.
Respectfully submitted, Nightingale of Glynn, Chairman.
Mr. Short of Colquitt 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 454. Do Pass. HB 455. Do Pass. HB 500. Do Pass. HB 496. Do Pass. HB 476. Do Pass. HB 493. Do Pass. HB 478. Do Pass. HB 475. Do Pass. HB 472. Do Pass. HB 484. Do Pass. HB 488. Do Pass. HB 497. Do Pass. HB 480. Do Pass. HB 483. Do Pass. HB 485. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Cocke of Terrell 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-
WEDNESDAY, FEBRUARY 9, 1955
527
lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 405. Do Pass. Respectfully submitted, Cocke of Terrell, Chairman.
Mr. Scoggin of Floyd 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 490. Do Pass. HB 461. Do Pass. HB 397. Do Pass. HB 410. Do Pass. HB 313. Do Not Pass. HB 107. Do Pass, by Committee substitute. HB 108. Do Pass. HB 109. Do Pass, by Committee substitute. HB 112. Do Pass, by Committee substitute. SB 52. Do Pass.
Respectfully submitted, Scoggin of Floyd, Chairman.
Mr. Carlisle of Bibb County, Chairman of the Committee on General Judiciary #2, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary #2 has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 47. Do Pass.
Respectfully submitted,
Carlisle of Bibb,
Chairman.
528
JOURNAL OF THE HOUSE,
Mr. Moorman of Lanier County, Chairman of the Committee on Historical Research, submitted the following report:
Mr. Speaker: Your Committee on Historical Research has had under consideration the
following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 137-495b. Do Pass.
HR 138-495c. Do Pass.
Respectfully submitted,
Moorman of Lanier,
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 43. Do Pass.
Respectfully submitted,
Rowland of Johnson,
Chairman.
Mr. Russell of Barrow 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 recommendation:
HB 459. Do Pass.
Respectfully submitted,
Russell of Barrow,
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
WEDNESDAY, FEBRUARY 9, 1955
529
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 489. Do Pass. HB 498. Do Pass. HB 477. Do Pass. HB 469. Do Pass. HB 481. Do Pass. HB 379. Do Pass. HB 456. Do Pass. HB 474. Do Pass. HB 479. Do Pass. HB 471. Do Pass. SB 34. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.
Mr. Ramsey of Effingham County, Chairman of the Committee on Public Library, submitted the following report:
Mr. Speaker:
Your Committee on Public Library has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 139-495d. Do Pass.
Respectfully submitted,
Ramsey of Effingham,
Chairman.
Mr. Ramsey of Effingham County, Chairman of the Committee on Public Library, submitted the following report:
Mr. Speaker:
Your Committee on Public Library has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 119-392c. Do Pass, as amended.
Respectfully submitted,
Ramsey of Effingham,
Chairman.
530
JOURNAL OF THE HOUSE,
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of the Republic, submitted the following report: Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 462. Do Pass. HB 418. Do Pass. HB 463. Do Pass. HB 465. Do Pass.
Respectfully submitted, Drinkard of Lincoln, Chairman.
Mr. Drinkard of Lincoln 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 67-235g. Do Pass, by substitute.
Respectfully submitted,
Drinkard of Lincoln,
Chairman.
Mr. Massee of Baldwin County, Vice-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 recommendation:
HB 449. Do Pass.
Respectfully submitted,
Massee of Baldwin,
Vice-Chairman.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
WEDNESDAY, FEBRUARY 9, 1955
531
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate and House to wit:
SR 39. By Senator Richardson of the 13th: A Resolution to express gratitude and appreciation for services to the Western and Atlantic Railroad Committee.
SR 41. A Resolution asking cooperation of the Secretary of Agriculture of the United States in obtaining assistance to cotton growers of Georgia; and for other purposes.
HB 100. By Mr. Chambers of Richmond: A Bill to be entitled an Act to amend Chapter 59-7 of the Georgia Code, relating to juries generally, to provide for segregation and jurors according to age and sex where confined overnight under supervision of court officers; and for other purposes.
HB 116. By Messrs. Murphy of Haralson, Bagby of Paulding and others: A Bill to be entitled an Act to amend Section 59-106 of the Code of Georgia of 1953, relating to the revision of jury lists; and for other purposes.
HB 176. By Messrs. McGarity of Henry, Murr of Sumter and others: A Bill to be entitled an Act to create the Georgia Farmers Market Authority; and for other purposes.
HR 20-47a. By Mr. Gilleland of Dawson: A Resolution to authorize the Governor to sell approximately 28 acres of land owned by the State of Georgia in Dawson 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 56. By Mr. Pickard of Muscogee: 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.
HB 117. By Messrs. Murphy of Haralson and Scoggin of Floyd: A Bill to be entitled an Act to amend Code Section 27-2705, relating to delinquent probationers; revocation of order of court; and for other purposes.
HB 143. By Messrs. Murphey of Crawford, Willingham of Cobb and others: A Bill to be entitled an Act to amend Section 32-937 of the Code of
532
JOURNAL OF THE HOUSE,
Georgia of 1933, relating to free tuition, age limits for children entering the common schools; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to wit:
HB 234. By Messrs. Watson of Dougherty, Gunter of Hall and others:
A Bill to be entitled an Act to provide for the recording of affidavits showing facts affecting title to land; to provide for the admissability of such affidavits in evidence; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate, favorably reported, were read the second time:
HR 119-392c. By Mr. Denmark of Liberty:
A Resolution authorizing and directing the State Librarian to furnish to the Superior Court of Liberty County, a complete set of the Georgia Supreme Court Reports and Court of Appeals Report, and for other purposes.
HB 379. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Suwanee, and for other purposes.
HB 397. By Messrs. Nightingale and Killian of Glynn:
A Bill to be entitled an Act to amend an Act known as the Juvenile Court Act, so as to provide for the transfer of a child to other courts who is charged with a crime; and for other purposes.
HB 410. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to provide that no person 75 years of age or older shall be eligible to serve as a member of a county police force, a municipal police force, or as a deputy sheriff; and for other purposes.
HB 418. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to provide revenue and source of revenue for the purpose of paying pensions to the Firemen of the State of Georgia, and for other purposes.
SB 34. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to limit and regulate the collecting of taxes by municipal authorities except so far as relates to the City of Savannah, so as to exempt the City of Atlanta, and for other purposes.
SB 52. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to amend an Act relating to Ordinary courts and proceedings therein, and for other purposes.
WEDNESDAY, FEBRUARY 9, 1955
533
HR 21-47b. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Resolution proposing an amendment to the qualified voters of Georgia an amendment to the Constitution so as to authorize the General Assembly of Georgia to enact laws creating a Civil Service Commission and Civil Service System for County Police employed by Bibb County, and for other purposes.
HB 469. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of the County of Lumpkin, and for other purposes.
HB 471. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, lying outside the corporate limits of said city; and for other purposes.
HB 472. By Messrs. Palmer and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act entitled An Act to provide for a County Board of Commissioners for the County of Mitchell and to provide and define the powers and duties thereof; and for other purposes.
HB 474. By Messrs. Scoggin, Wright and Hall of Floyd:
A Bill to be entitled an Act to repeal an Act entitled An Act to establish a City Court in the County of Floyd; to establish the City Court of Floyd County, and for other purposes.
HB 475. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Barrow County, and for other purposes.
HB 476. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to create the Waycross and Ware County Development Authority; and for other purposes.
HB 477. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to amend an Act entitled Gainesville Retirement Fund, and for other purposes.
HB 478. By Messrs. Watson and Denson of Dougherty:
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 Dougherty, and for other purposes.
534
JOURNAL OF THE HOUSE,
HB 479. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act 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 480. By Messrs. Chambers, Sanders and Holley of Richmond:
A Bill to be entitled an Act to amend an Act which is an Act to change from the fee to the salary system in counties having a population of not less than 100,000 and not more than 110,000 inhabitants, the Clerk of the Superior Court, and for other purposes.
HB 481. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to authorize the establishment in certain counties and municipalities of a Commission to be named the Local Government Improvement Commission, and for other purposes.
HB 483. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Lowndes County, and for other purposes.
HB 484. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to authorize the Board of County Commissioners of Gwinnett County to establish restricted zones and districts; and for other purposes.
HB 485. By Mr. Hardaway of Meriwether:
A Bill to be entitled an Act to amend an Act entitled An Act to provide for the pay of the County Treasurer of Meriwether County, and for other purposes.
HB 488. By Mr. Kilgore of Gwinnett: A Bill to be entitled an Act to amend an Act to create a Board of County Commissioners for Gwinnett County, and for other purposes.
HB 489. By Mr. Kilgore of Gwinnett: A Bill to be entitled an Act to amend an Act to establish the City Court of Gwinnett County, and for other purposes.
HB 490. By Messrs. Groover of Bibb and Smith of Emanuel: A Bill to be entitled an Act to provide for a period of residence of twelve months prior to taking the examination for admission to the Bar of the Supreme Court, and for other purposes.
HB 493. By Messrs. Tanner and Hayes of Coffee: A Bill to be entitled an Act to provide for the fixing of the term of
WEDNESDAY, FEBRUARY 9, 1955
535
office of the Superintendent of Schools of Coffee County, and for other purposes.
HB 496. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to provide that the governing authorities of certain Counties may charge for inspections, require permits and to set up a Code, and provide Rules and Regulations for the installations of heating and air-conditioning in said counties; and for other purposes.
HB 497. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to provide that the governing authorities of certain counties may charge for inspections, require permits, set up a Code, and provide rules and regulations for the installations of plumbing in said counties, and for other purposes.
HB 498. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act to codify all former Acts of the General Assembly relating to and dealing with the Municipal Court of the City of Macon, and for other purposes.
HB 454. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Rockdale County; and for other purposes.
HB 455. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to place the Sheriff, the Ordinary and the Clerk of the Superior Court of Rockdale County on a salary basis in lieu of a fee basis; and for other purposes.
HB 456. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to amend the Charter of the City of Dalton, with respect to the Board of Water, Light and Sinking Fund Commissioners, and for other purposes.
HB 459. By Messrs. Weems and Floyd of Chattooga and Campbell and Coker of Walker:
A Bill to be entitled an Act to amend an Act entitled An Act to prescribe uniform regulations for the distribution, sale and use of liquefied petroleum gases; to designate the Insurance Commissioner as the enforcing officer; and for other purposes.
HB 461. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb and Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act relating to the establishment of the office of Supervisor of Purchases, so as to provide that
536
JOURNAL OF THE HOUSE,
the Supervisor shall be ineligible for certain elective offices; to provide for an exception; and for other purposes.
HB 462. By Messrs. Moate of Hancock, Groover of Bibb, Willingham of Cobb and Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act creating the State Highway Board, so as to provide that all the members of the State Highway Board shall be ineligible for certain elective offices; to provide for an exception; and for other purposes.
HB 463. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb and Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act creating the State Department of Veterans Service so as to provide for a quorum; to provide for service by the Director; to provide that the director shall be ineligible for certain elective offices; to provide for an exception; and for other purposes.
HB 465. By Messrs. Moate of Hancock, Groover of Bibb, Twitty of Mitchell and Drinkard of Lincoln:
A Bill to be entitled an Act to repeal an Act entitled An Act to levy a tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; to provide for the collection of the same; and for other purposes.
HB 500. By Mr. McKenna of Bibb:
A Bill to be entitled an Act to amend an Act providing for the use of voting machines in certain counties, so as to provide that the name of any unopposed candidate in a political party primary may be omitted from the ballot used in the voting machine, and for other purposes.
HR 137-495b. By Mr. Moorman of Lanier:
A Resolution authorizing and directing the State Librarian to furnish certain books to the Clerk of the Superior Court of Lanier County, and for other purposes.
HR 138-495c. By Mr. Moorman of Lanier:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Lanier County, and for other purposes.
H~ 139-495d. By Mr. Parker of Appling:
A Resolution to provide the Court of Ordinary of Appling County certain enumerated law books, and for other purposes.
SR 20. By Senator Dews of the 9th: A Resolution proposing an amendment to the Constitution, so as to
WEDNESDAY, FEBRUARY 9, 1955
537
provide for the division of Calhoun County into five school districts; and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Education No. 1, read the second time and recommitted:
SB 61. By Senators Page of the 1st and others:
A Bill to be entitled an Act to amend an Act so as to change the method of allocating funds under the Minimum Foundation Program, 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 69. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to provide for the self government of municipalities, 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 168 By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act authorizing the employment of expert accountants by certain counties, and for other purposes.
HB 470. By Mr. Kennedy of Tattnall:
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 of Tattnall County, and for other purposes.
HB 468. By Mr. Kennedy of Tattnall:
A Bill to be entitled an Act to change from the fee system to the salary system certain county officers of Tattnall County, 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 76-266g. By Mr. Smith of Emanuel:
A Resolution requesting compensation for damages to F. L. Spivey, 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 486. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act so as to change the amount each Credit Union shall pay for examination by the State Banking Department, 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:
HB 413. By Messrs. Killian and Nightingale of Glynn and others:
A Bill to be entitled an Act to amend an Act providing for a salary system in lieu of a fee system for the Solicitor General of the Brunswick Judicial Circuit, and for other purposes.
HB 428. By Messrs. Bagby of Paulding, Cornelius of Polk and others:
A Bill to be entitled an Act to create the office of Assistant SolicitorGeneral of the Tallapoosa Judicial Circuit, 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:
HB 220. By Messrs. Parker of Appling, Tanner of Coffee and others:
A Bill to be entitled an Act to amend an Act so as to provide for the licensing of warm air heating contractors, 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 460. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to provide that the State Revenue Commissioner shall be ineligible for certain elective offices, and for other purposes.
HB 499. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act so as to remove the provisions relating to the tax upon dealers in gun shells, and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Public Highways No. 1, read the second time and
recommitted:
HB 467. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act so as to provide that the State Department of Public Safety shall have exclusive authority to make arrests for speeding on State Highways, and for other purposes.
WEDNESDAY, FEBRUARY 9, 1955
539
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 13. 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 report 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 367. By Messrs. M. Smith, H. Smith and Lokey of Fulton: A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of Roswell, and for other purposes.
The report 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 383. By Mr. Harrison of Wayne: A Bill to be entitled an Act to amend an Act so as to provide that the salary of the recorder of the City of Jesup may be set by 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 105, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 384. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend an Act so as to change 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 106, nays 0.
The bill having received the requisite constitutional majority, was passed.
540
JOURNAL OF THE HOUSE,
HB 385. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of Austell, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 386. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits 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 108, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 389. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act so as to authorize the abandonment of streets in 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 109, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 390. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to create the Clayton County Water Authority, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 391. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of College Park, and for other purposes.
WEDNESDAY, FEBRUARY 9, 1955
541
The report 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 409. By Mr. Lavender of Elbert: A Bill to be entitled an Act to amend an Act so as to provide the hours for holding elections in the City of Bowman, and for other purposes.
The report 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 414. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act so as to provide for the terms of office of mayor and councilmen of the City of Wadley, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 417. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to provide for the permanent registration of voters of the City of Conyers, and for other purposes.
The report 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 426. By Messrs. Holley, Sanders and Chambers of Richmond:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the assistants to the tax commissioners of certain counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
542
JOURNAL OF THE HOUSE,
On the passage of the bill, the ayes were 115, nays 0. The bill having received the requisite constitutional majority, was passed.
HB 427. By Messrs. Willingham, Reed and Bentley of Cobb: A Bill to be entitled an Act to amend an Act so as to change the tax rate 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 116, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 429. By Mr. Matheson of Hart: A Bill to be entitled an Act to amend an Act so as to provide for a recorder's court in the City of Hartwell, and for other purposes.
The report 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 430. By Mr. Peacock of Dodge: A Bill to be entitled an Act to amend an Act so as to change the manner of electing councilmen in the City of Eastman, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 431. By Mr. Mull of Fannin: A Bill to be entitled an Act to amend an Act so as to change the salary of the mayor of the City of McCaysville, and for other purposes.
The report 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 9, 1955
543
HB 432. By Messrs. Chambers, Holley and Sanders of Richmond: A Bill to be entitled an Act to amend an Act so as to define the corporate limits of Forrest Hills in 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 120, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 433. By Messrs. Chambers, Holley and Sanders of Richmond: A Bill to be entitled an Act to amend an Act so as to provide a more equitable method of making assessments against real estate abutting on streets 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 121, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 434. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to authorize the Board of Education of Athens to sell certain property, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 435. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to create a new charter for the City of Winterville, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Municipal Government moves to amend HB 435 by adding to Section 29 the following: a comma in place of a period and the words "except property of any existing public utility".
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 123, nays 0.
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JOURNAL OF THE HOUSE,
The bill, having received the requisite constitutional majority was passed, as amended.
HB 436. By Messrs. Lokey, M. Smith and H. Smith of Fulton: A Bill to be entitled an Act to amend an Act so as to provide that the comptroller shall be the budget officer 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 124, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 437. By Messrs. Lokey, M. Smith and H. Smith of Fulton: A Bill to be entitled an Act to fix the salaries of the judges of the juvenile 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 125, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 438. By Messrs. Lokey, M. Smith and H. Smith of Fulton: A Bill to be entitled an Act to amend an Act so as to provide an alternate pension plan for teachers 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 126, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 439. By Messrs. Duncan and Perkins of Carroll: A Bill to be entitled an Act to amend an Act so as 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 passage of the bill, the ayes were 127, nays 0.
The bill having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 9, 1955
545
HB 440. 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 operate a nursing home, and for other purposes.
The report 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 442. 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 a certain portion of Childs Street, 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 129, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 441. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits 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 130, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 443. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act so as to change the terms of the City Court in Clarke County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 131, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 444. By Messrs. Mackay, Rutland and McWhorter of DeKalb: A Bill to be entitled an Act to amend the Code so as to change the
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JOURNAL OF THE HOUSE,
compensation of the coroners 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 132, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 445. By Messrs. Chambers, Holley and Sanders of Richmond: A Bill to be entitled an Act to amend an Act so as to provide for appeals from decisions of the Board of Zoning Appeals 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 133, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 447. By Messrs. Hall, Scoggin and Wright of Floyd: A Bill to be entitled an Act to provide for the use of microfilming equipment by the ordinaries 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 134, nays 0.
The bill having received the requisite constitutional majority, was passed.
SB 63. By Senator Ricketson of the 19th:
A Bill to be entitled an Act to amend an Act so as to change the expense allowance 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 104, nays 0.
The bill having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
WEDNESDAY, FEBRUARY 9, 1955
547
HB 158. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to provide a referendum in DeKalb County for the purpose of ascertaining the form of government desired, and for other purposes.
The following Senate amendment was read:
Senator Turner of the 34th moves to amend HB 158 by striking the date 11th day of May and inserting in lieu thereof the 18th day of May.
The following amendment to the Senate amendment was read and adopted:
The DeKalb delegation proposes to amend HB 158 by changing
No. 2 of Section 3 to read as follows:
"2. If a Multiple Commission form of government is adopted, do you favor:
( ) An elected County executive who shall serve as Chairman of an Elected Board of Commissioners of DeKalb County?
or
( ) A County Manager executive who shall be appointed by an elected Board of Commissioners of DeKalb County?"
Mr. McWhorter of DeKalb moved that the House agree to the Senate amendment, as amended by the House.
On the motion, the ayes were 104, nays 0.
The Senate amendment, as amended by the House, 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:
SB 43. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend the Code relating to Workmen's Compensation, and for other purposes.
The following amendment was read and adopted:
Mr. Willingham of Cobb moves to amend SB 43 by changing the word "first" to "last" in the third line of Section 4 (d) of said Bill:
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 127, nays 0.
The bill having received the requisite constitutional majority, was passed, as amended.
548
JOURNAL OF THE HOUSE,
HB 416. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend the Code relating to allowance for reasonable depreciation as a deduction 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 119, nays 0.
The bill having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 56. By Mr. Pickard of Muscogee: 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.
The following Senate amendment to HB 56 was read: Senator Overby of the 33rd moves to amend HB 56 to provide that
this bill shall not be effective until July 4, 1955.
Mr. Pickard of Muscogee moved that the House agree to the Senate amendment.
On the motion, the ayes were 122, nays 3.
The Senate amendment to HB 56 was agreed to.
Under the regular order of business, the following Bill of the House was again taken up for consideration and read:
HB 213. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb: A Bill to be entitled an Act to amend an Act so as to provide that casual sales are subject to Sales and Use Tax, and for other purposes.
The following amendments were read and adopted:
Mr. Groover of Bibb moves to amend HB 213 by adding a new section to be appropriately numbered to wit: "Provided, however, that none of the provisions of this Act shall apply to or be construed as affecting any sales made or consummated prior to this date."
Messrs. Moate of Hancock and Groover of Bibb move to amend HB 213 as follows:
By striking Section 3 of said bill in its entirety and inserting in
WEDNESDAY, FEBRUARY 9, 1955
549
lieu thereof a new Section 3 which shall read as follows: "Section 3. It is not the intention of this Act to impose a tax upon the sale of tangible personal property by any sheriff of any county or any executor or administrator of this State where the sale is conducted as a sheriff's or executor's or administrator's sale as provided by the general law of this State."
To add 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, was agreed to, as amended.
On the passage of the bill, as amended, Mr. Groover 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.:
Allen Baughman Birdsong Blackburn Blalock Bloodworth Bodenhamer Brannen Caldwell Callier Campbell Cheatham Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cowart Deal Denmark Denson Drinkard Duke Duncan Elder Eyler Fordham Fowler of Douglas Frier Green of Rabun Greene of Crisp Groover Hardaway
Harrell Harris
Harrison of Wayne Hawkins Hayes Hendrix Huddleston Hudson Hurst Jackson Jessup Johnson of Jenkins Kelley Kennedy of Turner Key King of Whitfield Kitchens Land Lanier Lowe Mallory Martin Mashburn Mas see Mathis of Lowndes McGarity McKelvey Mincy Mobley Moore Moorman Murphy of Crawford Musgrove
Odom Palmer
Parker Pelham
Perkins Peters Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Rodgers Roughton Rowland Scoggin Sheffield Singer Smith of Evans Sognier Souter Stephens of Clarke Stripling Tamplin Tanner Terrell Todd Truelove Turk Twitty Veal Weems Willingham Willis Wilson of Towns Wilson of Peach
Wooten
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Those voting in the negative were Messrs.:
Ayers Bagby Barber of Colquitt Barber of Jackson Bentley Black Bolton Brown Carlisle Chambers Clary Cotton Coxwell Deen Dozier English Foster Freeman Garrard Gillis Grimsley Gross of Stephens Harrison of Jeff Davis
Henderson Holley Houston Johnson of Gilmer Jones of Worth Jones of Laurens Jones of Sumter Jordan Killian King of Chattahoochee King of Pike Lam Lindsey Lokey Long Love Mackay Matthews McKenna McWhorter Murphy of Haralson Murr Nightingale
Nilan Peacock Pickard Ray Reed Register Ruark Russell Rutland Sanders Sivell Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stevens of Marion Strickland Underwood of
Montgomery Watson Wheeler Wright Young
The roll call was verified.
On the passage of the bill, as amended, the ayes were 103, nays 67.
The bill having received the requisite constitutional majority, was passed, as amended.
Mr. Reed of Cobb gave notice that at the proper time he would move that the House reconsider its action in passing HB 213.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 185. By Mr. Roughton of Washington:
A Bill to be entitled an Act to regulate the issuance of policies of accident and sickness insurance, and for other purposes.
Mr. Groover of Bibb 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 185 was resumed.
WEDNESDAY, FEBRUARY 9, 1955
551
The following committee amendments were read and adopted:
The Committee on Insurance moves to amend HB 185 by striking from Section 3 (A) (4) the following which occur at the end thereof: "the number of days of grace allowed by the terms of the policy contract" and inserting in lieu thereof the following: "sixty days prior to the date of reinstatement."
The Committee on Insurance moves to amend HB 185 by striking from Section 3 the following: (G) Filing Procedure, and inserting in lieu thereof the following: (G) Commissioner empowered to make rules and regulations.
The following amendment was read and adopted:
Mr. McGarity of Henry moves to amend HB 185, Section 3 (8) Cancellation paragraph to read as follows:
"The policy shall be non-cancellable by the insurer for the first twelve months after the effective date of such policy provided all premiums shall be paid; and that thereafter such policy shall not be cancelled by the insurer, except upon twelve months notice by registered mail to the insured provided all premiums are paid. The insured may cancel this policy at any time by written notice delivered or mailed to the insurer effective upon receipt or on such later date as may be specified in such notice. In the event of cancellation, the insurer will return promptly the unearned portion of any premium paid. If the insured cancels the earned premium, it shall be computed by the short rate table last filed with the State official having supervision of insurance in the State where the insured resided when the policy was issued.''
By unanimous consent, further consideration of HB 185 was postponed until tomorrow morning 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 405. By Messrs. Parker of Appling, Harrison of Wayne and others:
A Bill to be entitled an Act to amend an Act so as to provide that no fish shall be taken by baskets 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 2.
The bill, having received the requisite constitutional majority, was passed.
HB 404. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to the Public Safety Department, 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 126, nays 0.
The bill having received the requisite constitutional majority, was passed.
The following Resolution of the House was read and adopted:
HR 164. By Messrs. Baughman of Early, Hurst of Quitman and Twitty of Mitchell:
A RESOLUTION
WHEREAS it has come to our attention that Private John C. Durham of the Georgia Bureau of Investigation is one of the most outstanding citizens of the State of Georgia and Baker County, and
WHEREAS, in the performance of his duties he has exercised the greatest diligence, care, accuracy and executed with distinction all such duties entrusted to him, and
WHEREAS, we are of the opinion that he deserves, by reason of this meritorious service, suitable recognition and reward.
IT IS THEREFORE RECOMMENDED that the said Private John C. Durham be elevated to the rank of Colonel in the Georgia Bureau of Investigation and promoted to second in command in that organization.
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 268. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to refunds of taxes to taxpayers, and for other purposes.
The following committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act of the General Assembly of Georgia approved January 3, 1938 (Georgia Laws Extra Session 19371938, pages 77-103) 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;" etc., by amending subparagraph (b) of Section 34 of said Act, as said section was amended by Act of the General Assembly of Georgia approved March 8, 1945 (Georgia Laws 1945, pages 272-276) and by Act of the General Assembly of Georgia approved January 31, 1946 (Georgia Laws 1946, page 25), which paragraph of said section relates to refunds to taxpayers of taxes determined to have been erroneously or illegally assessed and collected, and to the procedure for granting such refunds, and to suits for such refunds when claims therefor have been denied, by inserting in the third sentence of said subparagraph, immediately
WEDNESDAY, FEBRUARY 9, 1955
553
following the word "Commissioner," the words "or his delegate," and also by striking from said paragraph of said section the following provision, to-wit:
"Provided, further, that the taxpayer whose claim for refund is denied by the Commissioner under the terms of this Act, shall have the right at any time within two years after said claim is denied to sue for refund in the Superior Court of the County in which said taxpayer would have a right to appeal from a judgment by the State Revenue Commissioner, as in this Act provided."
and by inserting in lieu of the provision thereof so stricken the following provision, to-wit:
"Provided, further, that any taxpayer whose claim for refund is denied by the Commissioner or his delegate, or with respect to whose claim no decision is rendered by the Commissioner or his delegate within one year from the date of filing said claim, shall have the right to sue for refund in the Superior Court of the County of the residence of the taxpayer, unless the taxpayer be a railroad or other public service corporation or non-resident, in which even the taxpayer shall have the right to sue for refund in the Superior Court of the County in which is located the taxpayer's principal place of doing business in Georgia, or in which the taxpayer's chief or highest corporate officer or employee resident in Georgia maintains his office; provided, however, that if the taxpayer is a non-resident individual or foreign corporation having no place of doing business and no officer or employee resident, and maintaining his office, in this State, the taxpayer shall have the right to sue for refund in the Superior Court of Fulton County or in the Superior Court of the County in which the State Revenue Commissioner in office at the time the suit is filed resides. No suit or proceeding for the recovery of a refund hereunder shall be begun before the expiration of one year from the date of filing the claim for refund unless the State Revenue Commissioner or his delegate renders a decision thereon within that time, nor after the expiration of two years from the date said claim is denied; provided, however, that the two-year period herein prescribed for filing suits for refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the Commissioner during said two-year period or any extension thereof."
to provide for the effective date of this Act; to repeal conflicting laws; and for other related purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR-
GIA, and it is hereby enacted by authority of the same:
SECTION 1.
That subparagraph (b) of Section 34 of the Act of the General Assembly of Georgia approved January 3, 1938 (Georgia Laws Extra Session 1937-1938, pages 77-103) 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;" etc., as said section was amended by Act of the General Assembly of Georgia approved March 8, 1945 (Georgia Laws 1945, pages 272-276) and by Act of the General Assembly of Georgia approved
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January 31, 1946 (Georgia Laws 1946, page 25), be and the same hereby is amended by inserting in the third sentence of said subparagraph, immediately following the word "Commissioner," the words "or his delegate," and also by striking from said subparagraph (b) of Section 34 of said Act the following provision, to-wit:
"Provided, further, that the taxpayer whose claim for refund is denied by the Commissioner under the terms of this Act, shall have the right at any time within two years after said claim is denied to sue for refund in the Superior Court of the County in which said taxpayer would have a right to appeal from a judgment of the State Revenue Commissioner, as in this Act provided."
and by inserting in lieu of the provision thereof so stricken the following provision, to-wit:
"Provided, further, that any taxpayer whose claim for refund is denied by the Commissioner or his delegate, or with respect to whose claim no decision is rendered by the Commissioner or his delegate within one year from the date of filing said claim, shall have the right to sue for refund in the Superior Court of the County of the residence of the taxpayer, unless the taxpayer be a railroad or other public service corporation or non-resident, in which event the taxpayer shall have the right to sue for refund in the Superior Court of the County in which is located the taxpayer's principal place of doing business in Georgia, or in which the taxpayer's chief or highest corporate officer or employee resident in Georgia maintains his office; provided, however, that if the taxpayer is a non-resident individual or foreign corporation having no place of doing business and no officer or employee resident, and maintaining his office, in this State, the taxpayer shall have the right to sue for refund in the Superior Court of Fulton County or in the Superior Court of the County in which the State Revenue Commissioner in office at the time the suit is filed resides. No suit or proceeding for the recovery of a refund hereunder shall be begun before the expiration of one year from the date of filing the claim for refund unless the State Revenue Commissioner or his delegate renders a decision thereon within that time, nor after the expiration of two years from the date said claim is denied; provided, however, that the two-year period herein prescribed for filing suits for refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the Commissioner during said two-year period or any extension thereof."
so that said subparagraph (b) of Section 34 of said Act, as amended, shall read as follows:
"(b) Procedure for Granting. In any case in which it shall be determined that an erroneous or illegal collection of tax or license has been made by the Commissioner, the taxpayer from whom such tax or license was collected may, at any time within three years after the date of the payment of same to the State Revenue Commissioner, file a claim for refund with the said Commissioner in writing and in such form and containing such information as the Commissioner may require, to include a summary statement of the grounds upon which the taxpayer relies, provided that should any person be prevented from filing such application because of his own or his counsel's service in the armed forces during said period, this period of limitation shall date from his
WEDNESDAY, FEBRUARY 9, 1955
555
or his counsel's discharge, as the case may be, from the service. In the event the taxpayer desires a conference or hearing before the Commissioner in connection with any claim for refund, he shall so specify in writing in the claim, and if the claim conforms with the requirements of this section the said Commissioner shall grant such a conference at a time he shall specify. The Commissioner or his delegate shall consider information contained in taxpayer's claims for refund and such other information as may be available and shall approve or disapprove the taxpayer's claim and notify such taxpayer of his action. In the event any claim for refund is approved, the Commissioner shall forthwith proceed under subsection (a) of this section to give effect to the terms thereof. Provided, further, that any taxpayer whose claim for refund is denied by the Commissioner or his delegate, or with respect to whose claim no decision is rendered by the Commissioner or his delegate within one year from the date of filing said claim, shall have the right to sue for refund in the Superior Court of the County of the residence of the taxpayer, unless the taxpayer be a railroad or other public service corporation or non-resident, in which event the taxpayer shall have the right to sue for refund in the Superior Court of the County in which is located the taxpayer's principal place of doing business in Georgia, or in which the taxpayer's chief or highest corporate officer or employee resident in Georgia maintains his office; provided, however, that if the taxpayer is a non-resident individual or foreign corporation having no place of doing business and no officer or employee resident, and maintaining his office, in this State, the taxpayer shall have the right to sue for refund in the Superior Court of Fulton County or in the Superior Court of the County in which the State Revenue Commissioner in office at the time the suit is filed resides. No suit or proceeding for the recovery of a refund hereunder shall be begun before the expiration of one year from the date of filing the claim for refund unless the State Revenue Commissioner or his delegate renders a decision thereon within that time, nor after the expiration of two years from the date said claim is denied; provided, however, that the two-year period herein prescribed for filing suits for refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the Commissioner during said twoyear period or any extension thereof. Provided, further, that in any case where the State Revenue Commissioner in making a refund may have previously paid interest on the erroneous or illegal taxes paid the State, such payment of interest is hereby validated. Provided, further, that in those cases where the State Revenue Commissioner has paid refunds without interest, he is authorized to amend said refunds by adding thereto 6 per cent interest as provided by this Act. The authority of the State Revenue Commissioner to pay interest on such tax refunds shall be limited to the payment of such refunds as were made on or after March 1, 1952."
SECTION 2.
BE IT FURTHER ENACTED by the authority aforesaid that this Act shall become effective upon its approval.
SECTION 3. BE IT FURTHER ENACTED by the authority aforesaid that all
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JOURNAL OF THE HOUSE,
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 substitue, the ayes were 118, nays 0.
The bill having received the requisite constitutional majority, was passed, by substitute.
HR 131-449e. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Resolution creating the Georgia Water Law Revision Commission, and for other purposes.
The following amendments were read and adopted:
Mr. Baughman of Early moves to amend HR 131-449e by striking Section 6 and inserting a new Section 6 as follows: "Section 6. The Governor is authorized to provide such clerical and technical assistants to aid the Commission in the performance of its duties as he may deem necessary, and to fix their compensation. The Attorney General shall be counsel for the Commission."
Mr. Baughman of Early moves to amend HR 131-449e by adding at the end of Section 9 the following: "Nothing in this resolution shall be construed to affect the Georgia Waterways Commission created by a resolution approved December 10, 1953, or to repeal that resolution."
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to, as amended.
On the adoption of the resolution, as amended, the ayes were 132, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 362. By Messrs. Lokey of Fulton, Groover of Bibb and others:
A Bill to be entitled an Act to provide for pauper's affidavits in all trial courts, and for other purposes.
The following amendment was read and adopted:
Mr. Freeman of Monroe moves to amend HB 362 as follows: "Nothing herein shall apply to the requirement under the present law for advance deposits in divorce cases."
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.
WEDNESDAY, FEBRUARY 9, 1955
557
The bill having received the requisite constitutional majority, was passed, as amended.
HB 354. By Messrs. Sanders, Holley and Chambers of Richmond:
A Bill to be entitled an Act to amend an Act known as the Hospitals Authority 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 127, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 375. By Messrs. Blalock of Clayton, Scoggin of Floyd and others:
A Bill to be entitled an Act to express original intent in enacting the Intangible Tax Act of 1953, and for other purposes.
The report 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 411. By Messrs. Perkins of Carroll and Willis of Thomas:
A Bill to be entitled an Act to amend an Act authorizing the Board of Education of any county to reorganize the schools within their jurisdiction, and for other purposes.
Mr. Coker of Walker moved that HB 411 be tabled.
On the motion to table, the ayes were 37, nays 78.
The motion to table was lost.
Mr. Bentley of Cobb moved that further consideration of HB 411 be postponed indefinitely.
On the motion to postpone indefinitely, the ayes were 113, nays 11.
The motion prevailed and further consideration of HB 411 was postponed indefinitely.
The Speaker appointed as a Special Committee to check local constitutional amendments, the following members: Messrs. Nightingale of Glynn, Freeman of Monroe, Scoggin of Floyd, Russell of Barrow, and Rowland of Johnson.
558
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 401. By Messrs. Nilan, Pickard and Young of Muscogee:
A Bill to be entitled an Act to amend the Code pertaining to the attendance of witnesses and the fees therefor, 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, pertaining to the attendance of witnesses and the fees therefor, so as to provide for the payment of fees to any sheriff, deputy sheriff, or member of any municipal or county police force attending any court having jurisdiction to enforce penal laws of this State or attending any Grand Jury, in certain counties and in certain cases; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Section 38-1501 of the Code of Georgia, pertaining to the attendance of witnesses and the fees therefor, is hereby amended by adding at the end thereof the following: "Provided, however, that any sheriff, deputy sheriff or a member of any municipal or county police force, who shall be required by writ of subpoena to attend any superior Court, other State or county court having jurisdiction to enforce penal laws of this State or grand jury in counties having a population of not less than 110,000 or more than 135,000 according to the United States Census of 1950 or any future census, as a witness in behalf of the State during any hours except the regular duty hours to which said officer is assigned, shall be paid the sum of $3 per day for such attendance. The claim for such witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned, and the claimant shall verify this statement. The dates of attendance shall be certified by the solicitor general or the solicitor of the court attended, and the Sheriff or Chief of Police shall certify that the claimant has been paid no additional compensation or given any time off on account of such service, and the amount due shall be paid out of county funds: Provided, however, that no such 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 on any one day.", so that when so amended Section 38--1501 shall read as follows:
"38-1501. Subpoena. Attendance of witnesses from term to term. Witness Fee.-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
WEDNESDAY, FEBRUARY 9, 1955
559
such person, requiring him to appear and testify in the case stated, and at the time stated: Provided such clerk (or, if there be no clerk, the presiding judge or justice) shall on the request of any party litigant, or his attorney, execute, sign and deliver to such party, or his attorney, the number of witness subpoenas requested, with the name and address of the proposed witness left blank. The name and address of the proposed witness shall be filled in on such subpoena by said party, or his attorney, before service thereof upon such proposed witness. 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: Provided, however, that any sheriff, deputy sheriff or a member of any municipal or county police force, who shall be required by writ of subpoena to attend any superior court, other State or county court having jurisdiction to enforce penal laws of this State or grand jury in counties having a population of 300,000 or more according to the United States census of 1940 or any future census, as a witness in behalf of the State during any hours except the regular duty hours to which said officer is assigned, shall be paid the sum of $2 per day for such attendance. The claim for such witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned, and the claimant shall verify this statement. The dates of attendance shall be certified by the solicitor general or the solicitor of the court attended, and the amount due shall be paid out of county funds: Provided, however, that no such 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 on any one day. Provided, however, that any sheriff, deputy sheriff or a member of any municipal or county police force, who shall be required by writ of subpoena to attend any superior court, other State or county court having jurisdiction to enforce penal laws of this State of grand jury in counties having a population of not less than 110,000 or more than 135,000 according to the United States Census of 1950 or any future census, as a witness in behalf of the State during any hours except the regular duty hours to which said officer is assigned, shall be paid the sum of $3 per day for such attendance. The claim for such witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned, and the claimant shall verify this statement. The dates of attendance shall be certified by the solicitor general or the solicitor of the court attended and the Sheriff or Chief of Police shall certify that the claimant has been paid no additional compensation or given any time off on account of such service, and the amount due shall be paid out of county funds: Provided, however, that no such officer may claim or receive more than one witness fee per day for attendance in any court or before
560
JOURNAL OF THE HOUSE,
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 on any one day."
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 122, nays 0.
The bill having received the requisite constitutional majority, was passed, by substitute.
HB 425. By Messrs. Willingham of Cobb, Groover of Bibb and Rowland of Johnson: A Bill to be entitled an Act to amend an Act so as to provide for the payment of certain other necessary expenses of the Commissioner of Labor.
The report 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 325. By Messrs. Potts of Coweta, Stripling of Coweta and Bodenhamer of Tift:
A Bill to be entitled an Act to amend the Code so as to provide that the County Board of Education shall hold monthly meetings, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Education # 1 moves to amend HB 325, the last
sentence in Section 1 shall be stricken in its entirety and inserting in lieu thereof the following sentences: "The County Board of Education shall annually determine the date of the meeting of said board and shall publish same in the official county organ for two consecutive weeks following the setting of said date. Provided further that said date shall not be changed oftener than once in twelve 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 121, nays 0.
WEDNESDAY, FEBRUARY 9, 1955
561
The bill, having received the requisite constitutional majority, was passed, as amended.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 234. By Messrs. Watson of Dougherty, Gunter of Hall and others:
A Bill to be entitled an Act to provide for the recording of affidavits showing facts affecting title to land, and for other purposes.
The following Senate substitute to HB 234 was read:
By the Senate:
A BILL
To be entitled an Act to provide for the recording of affidavits showing facts affecting title to land; to provide for the recording of such affidavits and the compensation therefor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Recorded affidavits shall be notice of the facts therein recited, when given contemporaneously with a conveyance of land for the purpose of interpreting or showing the effect of such conveyance, where such affidavits show the relationship of parties or other persons to conveyances of land, the relationship of any parties to any conveyance with other parties whose names are shown in the chain of title to land, the ages of any person or persons connected with the chain of title, whether the land embraced in any conveyance, or any part of such land or right therein, has been in the actual possession of any party or parties connected with the chain of title, or of any person or persons; the payment of debts of an unadministered estate; the fact and/or date of death of any person connected with such title, where such affidavits relate to the identity of parties whose names may be shown differently in chains of title; where such affidavits show the ownership or adverse possession of lands; or other particular facts that interpret or show the effect of the conveyance. Any such affidavits may be made by any person whether connected with a chain of title or not.
SECTION 2. Affidavits referred to in the preceding section shall be filed by the Clerk of the Superior Court of the County where the land lies, and by him recorded and indexed in the name of the then purported owner of the affected land as grantee and grantor in deed records as conveyances of lands are recorded and indexed and he shall receive the same compensation therefor as for recording deeds to lands.
SECTION 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Watson of Dougherty moved that the House disagree to the Senate substitute to HB 234, and the motion prevailed.
562
JOURNAL OF THE HOUSE,
The following Resolutions of the House were read and referred to the Committee on State of Republic:
HR 165. By Messrs. Perkins of Carroll and Lavender of Elbert:
A Resolution creating a committee of the House to investigate all foundations making grants to any organization or school in Georgia, and for other purposes.
HR 166. By Mr. Odom of Camden:
A Resolution creating a House committee to study the possibility of establishing an authority to procure Cumberland Island as a State Park, and for other purposes.
The following Resolutions of the House and Senate were read and adopted:
HR 167. By Mr. Murr of Sumter:
A Resolution requesting certain officials of the United States Government to re-evaluate certain policies and regulations governing cotton allotments, and for other purposes.
HR 168. By Mr. M. Smith of Fulton:
A Resolution concerning National Baseball Week, March 19 through March 26, 1955, and for other purposes.
SR 39. By Senator Richardson of the 13th:
A Resolution to express gratitude and appreciation for services to the Western and Atlantic Railroad Committee, and for other purposes.
SR 41. By Senator Ursrey of the 54th:
A Resolution asking cooperation of the Secretary of Agriculture of the United States in obtaining assistance to cotton growers of Georgia, and for other purposes.
Mr. Groover of Bibb moved that the House do now adjourn until 9:00 o'clock tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock tomorrow morning.
THURSDAY, FEBRUARY 10, 1955
563
House of Representatives, Atlanta, Georgia Thursday, February 10, 1955.
The House met pursuant to adjournment this day at 9:00 o'clock, A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Boggus of Ben Hill, 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. Nightingale of Glynn withdrew his notice of a motion that the House reconsider its action in failing to instruct the Committee on State of Republic to report HB 309 back to the House.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House.
2. First reading and reference of 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 of 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 he deems advisable.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Insurance, read the second time and recommitted:
HB 521. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to reduce the par value of shares of capital stock of insurance companies, 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:
564
JOURNAL OF THE HOUSE,
HB 530. By Mr. Underwood of Bartow:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish an Employees Retirement System", so as to limit the amount of certain creditable service; and for other purposes.
Referred to the Committee on State of Republic.
HB 531. By Messrs. Moate of Hancock and Groover of Bibb:
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; and for other purposes.
Referred to the Committee on State of Republic.
HB 532. By Messrs. Underwood of Bartow and Groover of Bibb:
A Bill to be entitled an Act to amend an Act which makes provisiOns for 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, so as to provide for declaration of policy; and for other purposes.
Referred to the Committee on State of Republic.
HB 533. By Messrs. Coker of Cherokee and Bodenhamer of Tift:
A Bill to be entitled an Act to amend the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors.", so as to provide that no manufacturer, distiller, wholesaler or retailer governed by the provisions of this Act shall advertise liquor in any newspaper within this State; and for other purposes.
Mr. Coker of Cherokee moved that HB 533 be engrossed.
On the motion, the ayes were 80, nays 27.
The motion prevailed and the bill was ordered engrossed.
Mr. Coker of Cherokee moved that HB 533 be referred to the Committee on
Education # 1, and the motion prevailed.
The Speaker referred HB 533 to the Committee on Education # 1.
HB 534. By Mr. Lowe of Oglethorpe:
A Bill to be entitled an Act to amend an Act relating to the duties of Tax Collectors, so as to provide that the Tax Collector may, in his discretion, collect taxes either at his office or in the several militia districts in the county; and for other purposes.
Referred to the Committee on General Judiciary # 2.
THURSDAY, FEBRUARY 10, 1955
565
HB 535. By Mr. Lowe of Oglethorpe:
A Bill to be entitled an Act to amend an Act relating to the duties of Tax Receivers, so as to provide that the Tax Receiver may, in his discretion, receive tax returns either at his office or in the several militia districts of the county; and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 536. By Mr. Love of Catoosa:
A Bill to be entitled an Act to amend an Act to create the Office of Tax Commissioner of Catoosa County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 537. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act incorporating and creating a new charter for the City of Jesup, so as to change the form of government of said city from the Mayor and Council to a Commissioner; and for other purposes.
Referred to the Committee on Municipal Government.
HB 538. By Mr. Love of Catoosa:
A Bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenue for Catoosa County, Georgia and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 539. By Messrs. Groover of Bibb and Lokey of Fulton:
A Bill to be entitled an Act to amend the Intangible Property Tax Act of 1953, so as to specifically provide that the tax imposed by Section 4, Part 1 upon the "holders" of long term notes shall be paid by the holder-lender and that the borrower shall not be required to pay the tax by the use of any contract or other device whereby the burden of the tax is shifted to the borrower, and for other purposes.
Referred to the Committee on Ways and Means.
HB 540. By Mr. Deen of Bacon:
A Bill to be entitled an Act to amend an Act relative to keeping livestock from running at large or straying, so as to include poultry in the definition of livestock; and for other purposes.
Referred to the Committee on Agriculture # 1 :
HB 541. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act entitled An Act to provide for the creation of a Board of Road and Revenue Commissioners in and for the County of Candler, and for other purposes.
Referred to the Committee on Counties and County Matters.
566
JOURNAL OF THE HOUSE,
HB 542. By Mr. Russell of Barrow:
A Bill to be entitled an Act to provide for an appropriation to the Department of Parks for the purpose of developing the Fort Yargo State Park in Barrow County; and for other purposes.
Referred to the Committee on Appropriations.
HB 543. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act consolidating and 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 544. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to create the East Point Parking Authority which shall have perpetual succession as a public corporation and political subdivision of the State, and for other purposes.
Referred to the Committee on Municipal Government.
HB 545. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to amend an Act entitled Powers and Duties of the State Highway Board, and for other purposes.
Referred to the Committee on State of Republic.
HB 546. By Messrs. Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act creating a Commissioner of Roads and Revenue for Cobb County, so as to grant certain powers relative to zoning to the Commissioner; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 547. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act entitled An Act to create a Board of County Commissioners for Brooks County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 548. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to set up a comprehensive zoning and planning system for the unincorporated areas of Cobb County; and for other purposes.
Referred to the Committee on Drainage.
HB 549. By Messrs. H. Smith, M. Smith and Lokey of Fulton: A Bill to be entitled an Act to amend an Act consolidating Acts in-
THURSDAY, FEBRUARY 10, 1955
567
corporating 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 550. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to authorize the City Commissioners of the City of Griffin to close and vacate that portion of North First Street extending northerly from the north property line of East Broad Street through the freight yards of the Central of Georgia Railway Company to the south property line of East Broadway Street; and for other purposes.
Referred to the Committee on Municipal Government:
HR 169-550a. By Mr. Sheffield of Brooks:
A Resolution proposing the development of a State Park in Brooks County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 170-550b. By Messrs. Bentley of Cobb and Underwood of Bartow:
A Resolution directing the Georgia Public Service Commission to intervene in interstate commerce commission finance docket No. 18845 as the official representative of the State of Georgia for the purpose of participating in all hearings and other proceedings in such docket as the interests of the State of Georgia in general and the Western & Atlantic Railroad in particular might appear, and for other purposes.
Referred to the Committee on State of Republic.
HR 171-550c. By Messrs. Coker of Cherokee and Gilleland of Dawson:
A Resolution to authorize the Governor to sell approximately fifty eight (58) acres of land owned by the State of Georgia in Forsyth County and Dawson County, Georgia, which have never been granted by the State, and for other purposes.
Referred to the Committee on Public Property.
HR 172-550d. By Mr. Rowland of Johnson:
A Resolution to furnish law books to the Superior Court of Johnson County; and for other purposes.
Referred to the Committee on Public Library.
HR 173-550e. By Mr. Lokey of Fulton:
A Resolution creating a committee to study the feasibility of instituting one government for the City of Atlanta and Fulton County, and for other purposes.
Referred to the Committee on Municipal Government.
568
JOURNAL OF THE HOUSE,
HR 174-550f. By Messrs. Jordan of Wheeler and Harrison of Wayne:
A Resolution proposing the payment of surgical and hospital bills for C. B. Price, a towerman employed by the State Forestry Commission and injured while in the line of duty; and for other purposes.
Referred to the Committee on Special Appropriations.
HB 551. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb, Scoggin of Floyd and Sheffield of Brooks.
A Bill to be entitled an Act to provide for the manner in which licenses granted by the State of Georgia, or by any other duly authorized licensing authority, authorizing the manufacture of malt beverages may be revoked and renewed; and for other purposes.
Referred to the Committee on Temperance.
Mr. Groover of Bibb moved that HB 551 be engrossed.
On the motion to engross, the ayes were 109, nays 0.
The motion to engross prevailed, and HB 551 was ordered engrossed.
By unanimous consent, the following Committee reports were submitted and read:
Mr. Coker of Cherokee County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker: Your Committee on Appropriations 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 7. Do Pass, by substitute.
HB 114. Do Pass, as amended.
HB 119. Do Pass, as amended.
Respectfully submitted,
Coker of Cherokee,
Chairman.
Mr. Short of Colquitt 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 506. Do Pass.
THURSDAY, FEBRUARY 10, 1955
569
HB 527. Do Pass. HB 508. Do Pass. HB 510. Do Pass. HB 514. Do Pass. HB 515. Do Pass. HB 524. Do Pass. HB 507. Do Pass. HB 511. Do Pass. SB 36. Do Pass, as amended.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Carlisle of Bibb County, Chairman of the Committee on General Ju-
diciary # 2, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary # 2 has had under consideration the
following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 69. Do Pass.
Respectfully submitted,
Carlisle of Bibb
Chairman.
Mr. Mashburn of Forsyth 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 recommendation:
HB 504. Do Pass.
Respectfully submitted,
Mashburn of Forsyth,
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
570
JOURNAL OF THE HOUSE,
following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 486. Do Pass. Respectfully submitted, Rowland of Johnson, Chairman.
Mr. Russell of Barrow 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 recommendation:
HB 521. Do Pass.
Respectfully submitted,
Russell of Barrow
Chairman.
Mr. H. 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 House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 494. Do Pass.
Respectfully submitted,
Hoke Smith of Fulton,
Chairman.
Mr. Wooten of Randolph County, Chairman of the Committee on Public
Highways # 1, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways # 1 has had under consideration the
following 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
467. Do Pass.
HR 158-528c. Do Pass.
Respectfully submitted,
Wooten of Randolph,
Chairman.
THURSDAY, FEBRUARY 10, 1955
571
Mr. Callier of Talbot County, Chairman of the Committee on Public Property, submitted the following report:
Mr. Speaker:
Your Committee on Public Property has had under consideration the following Resolutions of the House & Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 161-528f. Do Pass.
HR 140-495e. Do Pass.
SR
31. Do Pass.
Respectfully submitted,
Callier of Talbot,
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 81-297a. Do Pass, as amended. HR 88-297h. Do Pass, as amended. HR 111-369e. Do Pass. HR 76-266g. Do Pass. HR 118-392b. Do Pass. HR 73-266d. Do Pass. HR 25-83a. Do Pass, as amended.
Respectfully submitted,
Barber of Colquitt,
Chairman.
Mr. Hawkins of Screven County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 399. Do Pass.
HB 413. Do Pass.
572
JOURNAL OF THE HOUSE,
HB 428. Do Pass. HB 458. Do Pass. HR 159-528d. Do Pass.
Respectfully submitted, Hawkins of Screven, Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of the Republic, submitted the following report: Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 121. Do Pass, as amended HR 135. Do Pass. HR 151. Do Pass. HR 58. Do Not Pass. HR 126. Do Not Pass. HR 160-528e. Do Pass. HB 220. Do Pass, as amended. HB 363. Do Pass, as amended. HB 394. Do Not Pass. HB 423. Do Not Pass. HB 464. Do Pass. HB 503. Do Pass. HB 520. Do Pass. HB 519. Do Pass.
Respectfully submitted, Drinkard of Lincoln, Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me
THURSDAY, FEBRUARY 10, 1955
573
as Chairman, to report the same back to the House with the following recommendations:
SR 21. Do Not Pass. SR 33. Do Pass, as amended. SB 3. Do Not Pass. SB 29. Do Not Pass. SB 74. Do Pass. SB 66. Do Pass.
Respectfully submitted, Drinkard of Lincoln, Chairman.
Mr. Jackson of Jones 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 recommendation:
HB 448. Do Not Pass.
Respectfully submitted,
Jackson of Jones,
Chairman.
Mr. Blalock of Clayton County, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 499. Do Pass.
Respectfully submitted,
Blalock of Clayton,
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:
574
JOURNAL OF THE HOUSE,
SB 68. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Act prohibiting the State of Georgia or any department thereof or any political subdivision thereof from employing in any agency of the State of Georgia or any of its departments or political subdivisions any alien except where there is no qualified American citizen available so as to authorize the employment of certain aliens under certain conditions by institutions of the University System of Georgia ;-and for other purposes.
SB 77. By Senator Woods of the 49th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Evans so as to provide the manner in which vacancies in said Board may be filled; to provide for manner in which purchases may be made for the County; and for other purposes.
SB 86. By Senators Hollis of the 25th and Overby of the 33rd:
A Bill to be entitled an Act to amend Section 56-207 of the Code of Georgia, relating to capital stock required of insurance companies; as amended by an Act approved March 1, 1937 (Ga. Laws 1937, p. 459), so as to reduce the par value of the shares of such stock; to repeal conflicting laws; and for other purposes.
SB 87. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act approved August 20, 1927, (Ga. Laws 1927, pp. 265, et seq.) providing that cities having a population of more than 150,000 as disclosed by the U. S. Census of 1920, or subsequent census, shall furnish pensions to officers and employees of such cities, and for other purposes, so as to compel participation in said Act as amended; to repeal conflicting laws; and for other purposes.
SB 90. By Senator Page of the 1st:
A Bill to be entitled an Act to establish a metropolitan planning district for Chatham County; to provide a planning commission for said district; to provide for the making and amending of an over all plan for the orderly growth and development of said district; to define the duties and powers of said commission; to define the relationship between said commission and the governmental units in said district and to define their rights, powers and duties; to provide for the support of said commission, and for other purposes.
SB 102. By Senator Blalock of the 36th and others:
A Bill to be entitled an Act to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935 (Ga. Laws 1935, p. 73), as amended, so as to provide the procedure by which it shall be determined whether malt beverages shall or shall not be sold in a county; to repeal conflicting laws; and for other purposes.
THURSDAY, FEBRUARY 10, 1955
575
HB 27. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to consolidate the office of Tax Receiver and Tax Collector of Liberty County into the office of Tax Commissioner of Liberty County; and for other purposes.
HB 31. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to supplement the fees of the Ordinary of Liberty County; and for other purposes.
HB 127. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to amend an Act entitled "An Act to prescribe and limit the compensation of the Treasurer of Crawford County; and for other purposes.
HB 162. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to prohibit and to regulate the solicitation of votes for any person or proposition on any election day in all counties having a population of not less than 14,225 and not more than 14,000; and for other purposes.
HB 267. By Mr. Brown of Telfair:
A Bill to be entitled an Act to amend an Act changing and fixing the salary of the Clerk of the Commissioner of Roads and Revenues of Telfair County; and for other purposes.
HB 288. By Mr. Turk of Wilcox:
A Bill to be entitled an Act to amend an Act to provide for the change in the salary of the Commissioners of Roads and Revenues of Wilcox County; and for other purposes.
HB 301. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to repeal an Act entitled An Act to establish the salary system of compensation for certain county officers and employees of Wayne County in lieu of fees and other compensations; and for other purposes.
HR 153. By Messrs. Groover of Bibb, Moate of Hancock and Fowler of Douglas:
A Resolution commending Congressman E. L. Forrester for his sponsoring of legislation circumscribing the jurisdiction of the Federal Courts and urging upon Congress the passage of such legislation.
HR 154. By Mr. Groover of Bibb:
A joint Resolution giving legislative approval to the admission of the States of Delaware and West Virginia into the Southern Regional Education Compact entered into by the State of Georgia and other Southern States.
576
JOURNAL OF THE HOUSE,
HR 86. By Mr. Harrison of Jeff Davis:
A resolution to authorize the Governor to convey to the City of Hazlehurst an unused part of a tract of land conveyed to the Commissioner of Agriculture for use as a Farmers' Market; and for other purposes.
HB 189. By Mr. Mauldin of Gordon:
A Bill to be entitled an Act to change the compensation of the Sheriff of Gordon County from a fee basis to a salary basis; and for other purposes.
HB 190. By Messrs. Underwood and Upshaw of Bartow:
A Bill to be entitled an Act entitled "An Act to change the ordinary from the fee to the salary system in counties having a population of not less than 25,280 and not more than 25,300 inhabitants; and for other purposes.
HB 191. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act to provide a law Department for Fulton County; and for other purposes.
HB 207. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue for the County of Whitfield; and for other purposes.
HB 210. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to repeal an Act entitled "An Act to abolish the office of Tax Receiver and Tax Collector of Whitfield County; and for other purposes.
HB 224. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to provide that in certain counties the ta:l\ receiver shall receive one and one-fourth percent of the county wide school tax; and for other purposes.
HB 233. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to repeal an Act creating a Commissioner of Roads and Revenues for McDuffie County; and for other purposes.
HB 68. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb and others:
A Bill to be entitled an Act to repeal an Act approved December 9, 1953 creating a Georgia Turnpike Authority; and for other purposes.
HB 71. By Messrs. Veal of Putnam, Key of Jasper and others: A Bill to be entitled an Act to repeal Section 62-401 of the Code of
THURSDAY, FEBRUARY 10, 1955
577
Georgia of 1933, relating to the description of fences and enclosures; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following bills of the House to wit:
HB 215. By Mr. Coxwell of Lee:
A Bill to be entitled an Act to amend an Act entitled An Act to provide as compensation for the treasurer of Lee County a salary of $700.00 per year, instead of the commissions heretofore allowed; and for other purposes.
HB 355. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled An Act to amend an Act relating to the Board of Commissioners of Roads and Revenue of Chattooga County; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit :
HB 28. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to provide for the compensation of the Clerk of the Superior Court and the Sheriff of Liberty 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:
HR 135. By Messrs. Fowler of Douglas and Groover of Bibb:
A Resolution memorializing Congress to call a convention for the purpose of submitting for ratification an amendment to the Constitution of the United States so as to provide an alternative method of amending the Constitution of the United States, and for other purposes.
HR 121. By Mr. Barber of Jackson:
A Resolution providing for a joint committee to investigate the financial status of the Board of Regents and the University System, and for other purposes.
HR 151. By Mr. Parker of Appling:
A Resolution requesting the Commissioner of Revenue to investigate the feasibility of using license tags for five periods, and for other purposes.
SR 31. By Senator Shurling of the 21st:
A Resolution authorizing the Governor to convey certain property to Johnson County, and for other purposes.
578
JOURNAL OF THE HOUSE,
SR 33. By Senator Neel of the 7th:
A Resolution to establish a committee to study proposed revisions of Workmen's Compensation Law, and for other purposes.
SB 36. By Senator Parker of the 20th:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners of Roads and Revenues for Baldwin County, and for other purposes.
HR 118-392b. By Mr. Short of Colquitt:
A Resolution proposing compensation to Mr. Darrell Wiggins for damages to his automobile, and for other purposes.
HR 111-369e. By Mr. Kennedy of Turner:
A Resolution to compensate J. C. Nolan for damages to his automobile, and for other purposes.
HR 81-297a. By Mr. Bloodworth of Houston:
A Resolution to compensate Mr. and Mrs. Henry Harold Hill for injuries and damage to automobile, and for other purposes.
HB 458. By Messrs. Mauldin of Gordon and Russell of Barrow:
A Bill to be entitled an Act to amend an Act entitled "An Act to authorize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations, and for other purposes.
HB 494. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to incorporate the City of Ambrose in Coffee County, and for other purposes.
HB 399. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act relating to infants, lunatics, etc., their counselors and instigators, so as to define a person of sound mind; and for other purposes.
HR 88-297h. By Mr. Cloud of Decatur:
A Resolution authorizing compensation to George D. Whittaker; and for other purposes.
HR 73-266d. By Mr. Truelove of White:
A Resolution to provide for payment to Orner E. Craven, the sum of $50.00 for damages to his 1951 Model Ford Pickup Truck, and for other purposes.
THURSDAY, FEBRUARY 10, 1955
579
HB 464. By Messrs. Stephens and Matthews of Clarke and Barber of Jackson:
A Bill to be entitled an Act to amend an Act known as the Subversive Activities Act, so as to provide that no person shall be required to give information relative to the membership in any organization of any relative of such person, and for other purposes.
HR 25-83a. By Messrs. Cates and Mobley of Burke:
A Resolution to compensate Parker-White Motor Company for damages to their automobile when hit by a vehicle owned by the State Department of Corrections and driven by a prisoner at the Georgia State Prison at Reidsville; and for other purposes.
HR 140-495e. By Messrs. Caldwell and Mallory of Upson:
A Resolution to authorize the Governor, acting on behalf of the State, to convey to the City of Thomaston a tract of land conveyed to the State by error, and for other purposes.
HB 503. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to provide for the inspection and regulation of the sale of Anti-Freeze Substances and Preparations; and for other purposes.
HB 504. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend an Act relative to applications to the Board of Dental Examiners and fees, expenses and compensation of such Board, and for other purposes.
HB 506. By Messrs. Cason of Pierce, Frier of Ware, Hayes of Coffee, Mincy of Ware, Harris of Brantley, Rodgers of Charlton and others:
A Bill to be entitled an Act to amend an Act which provided a salary for the Solicitor-General of the Waycross Judicial Circuit, and for other purposes.
HB 507. By Mr. Cason of Pierce:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Pierce, and for other purposes.
HB 508. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act 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.
HB 510. By Mr. McGarity of Henry:
A Bill to be entitled an Act to require the Board of Education and the School Superintendent of Henry County to publish a monthly financial
580
JOURNAL OF THE HOUSE,
statement of receipts and disbursements and the annual itemized report of the examination by the State Department of Audits of the Henry County Board of Education; and for other purposes.
HB 511. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to provide that in Fulton County the Ordinary, Sheriff, Clerk of Superior Court, Tax Receiver, Tax Collector and County Treasurer may appoint a Chief Deputy, and for other purposes.
HB 514. By Mr. Hendrix of Long:
A Bill to be entitled an Act to provide for the election of county Commissioners from each district in the county of Long, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 515. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to provide that in all counties of this State having a population of more than 4,500 and less than 4,525, the Chairman of the Board of Commissioners of Roads and Revenues may pay debts of the county out of any funds available, and for other purposes.
HB 519. By Mr. Groover of Bibb:
A Bill to be entitled an Act to regulate the submission of proposals, the taking of bids and the awarding of contracts to perform public works for the State Highway Department of Georgia, and for other purposes.
HB 520. By Messrs. Rowland of Johnson and Coker of Cherokee:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to authorize the revocation of a parole without a hearing in certain cases; and for other purposes.
HB 524. By Mr. King of Pike:
A Bill to be entitled an Act to fix the salary of the Clerk of the Board of Commissioners of Roads and Revenues of Pike County, and for other purposes.
HB 527. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to provide that the governing authorities of certain counties may fix license fees, charge for inspections, require permits and to set up a Code, and providing rules and regulations for the installation of Plumbing in said counties, and for other purposes.
HR 158-528c. By Mr. Musgrove of Clinch: A Resolution to designate Route S-594 in Clinch County between
THURSDAY, FEBRUARY 10, 1955
581
Homerville and Cogdell as the Frank S. Sessoms Memorial Highway, and for other purposes.
HR 159-528d. By Messrs. Duke and Massee of Baldwin:
A Resolution to compensate the Clerk and Sheriff of the Superior Court of Baldwin County for costs due in habeas corpus proceedings in the Superior Court of Baldwin County, and for other purposes.
HR 160-528e. By Mr. Groover of Bibb:
A Resolution authorizing the coverage by property and liability insurance of the automobile furnished to the Governor for his official use by the State, and to pay the premiums therefore, and for other purposes.
HR 161-528f. By Mr. Phillips of Walton:
A Resolution authorizing the conveyance of certain property and for other purposes.
SB 74. By Senator Overby of the 33rd:
A Bill to be entitled an Act authorizing a municipal corporation, a county, or any other political subdivision of the State to procure insurance to cover liability for damages on account of bodily injury or death resulting therefrom to any person, or for damages to property of any person, or both, arising by reason of ownership, maintenance, operation, or use of any motor vehicle; and for other purposes.
Mr. Reed of Cobb withdrew his notice of a motion that the House reconsider its action in passing HB 213.
By unanimous consent, the following Resolution of the House was withdrawn from the Committee on State of Republic, read the second time and recommitted :
HR 166. By Mr. Odom of Camden:
A Resolution creating a House committee to study the possibility of establishing an authority to procure Cumberland Island as a State Park, and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Temperance and recommitted to the Committee on State of Republic:
HB 551. By Messrs. Moate of Hancock, Willingham of Cobb and others:
A Bill to be entitled an Act to provide for the manner in which licenses authorizing the manufacture of malt beverages may be revoked, 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:
562
JOURNAL OF THE HOUSE,
HB 379. By Mr. Kelley of Gwinnett.
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Suwanee, and for other purposes.
The report 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 119-392c. By Mr. Denmark of Liberty:
A Resolution requesting certain law books for the Superior Court of Liberty County, and for other purposes.
The following substitute, offered by Mr. Denmark of Liberty, was read and adopted :
A RESOLUTION
Authorizing and directing the State Librarian to furnish to the Superior Court of Liberty County, without cost to said County, certain law books.
WHEREAS, Certain law books belonging to the library of the Superior Court of Liberty County are either lost or in such a condition as to be practically useless; and
WHEREAS, The business of said court is hampered and delayed because of the lack of such books, which are necessary for the official transaction of the said business of the court and also of Liberty County:
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Librarian is hereby authorized and directed to furnish to the Superior Court of Liberty County, without cost to said county, the following law books when the same shall become available without extra cost: Georgia Appeals Reports: Volumes 3, 6, 8, 10, 11, 13, 14, 19, 22, 26, 32, 33, 36, 40, 41, 42, 48, 55, 57, 65, 66, 67, 73, 84, 85, 86, 87, 88 and 89. Georgia Reports: Volumes 1, 2, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 19, 20, 22, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 41, 42, 44, 47, 48, 49, 50, 51, 53, 55, 56, 58, 61, 62, 64, 65, 66, 67, 68, 69, 70, 72, 73, 74, 75, 77, 79, 81, 82, 83, 84, 85, 87, 88, 89, 90, 92, 93, 95, 99, 102, 104, 109, 112, 113, 114, 115, 116, 118, 119, 120, 122, 125, 126, 127, 128, 130, 131, 132, 133, 134, 135, 138, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 174, 175, 176, 177, 178, 179, 181, 182, 183, 184, 185, 186, 187, 188, 189, 208, 209, 210; and a complete set of the Georgia Code Annotated, and if for any reason the State Librarian cannot furnish said law books, then to furnish as soon as they are available.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to, by substitute.
THURSDAY, FEBRUARY 10, 1955
583
On the adoption of the resolution, by substitute, the ayes were 104, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, by substitute.
HB 454. 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.
The report 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 455. By Mr. Walker of Rockdale:
A Bill to be entitled an Act certain officers of Rockdale 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.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 456. By Messrs. Houston and King of Dalton: A Bill to be entitled an Act to amend an Act with respect to the Board of Water, Light and Sinking Fund Commissioners of the City of Dalton, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0. The bill having received the requisite constitutional majority, was passed.
HB 469. By Mr. Jones of Lumpkin: A Bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of Lumpkin County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
584
JOURNAL OF THE HOUSE,
The bill having received the requisite constitutional majority, was passed.
HB 471. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide for the merger of certain school systems in Clarke County, and for other purposes.
The following amendment was read and adopted:
Mr. Stephens and Mr. Matthews of Clarke move to amend HB 471 as follows:
Section 5 by eliminating the words in paragraph 6, regarding vacancies: "by procedure under existing general laws of the State" and substituting therefor the words "by appointing body".
Section 30 be amended by deleting the first sentence and substituting therefor the following words:
"After the results of said referendum have been declared, as heretofore provided, and in the event that the majority vote is in favor of the merger, the Commissioners of Roads and Revenue of Clarke County and/or Clarke County Board of Tax Equalizers shall take immediate steps to initiate and carry out a tax equalization survey of the entire county so that the county tax digest shall be made comparable to the present city tax digest and, upon completion of the same, said Commissioners of Roads and Revenue and/or said Board of Tax Equalizers shall cause said equalization to be made effective as the basis for the tax levy for the ensuing year."
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 472. By Messrs. Palmer and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Commissioners of Roads and Revenues of Mitchell County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 474. By Messrs. Scoggin, Wright and Hall of Floyd:
A Bill to be entitled an Act to repeal an Act establishing a City ~ourt in Floyd County, and for other purposes.
THURSDAY, FEBRUARY 10, 1955
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 111, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 475. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Commissioners of Roads and Revenues of Barrow County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 476. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to create the Waycross and Ware County Development 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 113, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 477. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to amend an Act establishing the Gainesville Retirement Fund, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0. The bill having received the requisite constitutional majority, was passed.
HB 478. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act so as to provide for meetings of the Board of Commissioners of Roads and Revenues of Dougherty County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
586
JOURNAL OF THE HOUSE,
On the passage of the bill, the ayes were 115, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 479. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act incorporating the City of Warrenton, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 480. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to amend an Act so as to change the compensation of 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 117, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 481. By Messrs. Sognier, Cheatham and Eyler of Chatham: A Bill to be entitled an Act to establish in certain counties Local Government Improvement Commissions, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 483. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Commissioners of Roads and Revenues of Lowndes County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
THURSDAY, FEBRUARY 10, 1955
587
The bill having received the requisite constitutional majority, was passed.
HB 484. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to authorize the establishment restricted zones and districts in 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 120, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 485. By Mr. Hardaway of Meriwether:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Treasurer of Meriwether County, and for other purposes.
The report 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 488. By Mr. Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Commissioners 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 122, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 489. By Mr. Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Judge of the City 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 123, nays 0.
The bill having received the requisite constitutional majority, was passed.
588
JOURNAL OF THE HOUSE,
HB 493. By Messrs. Tanner and Hayes of Coffee:
A Bill to be entitled an Act to provide for fixing the term of office of the Superintendent of Schools 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 124, nays 0.
The bill having received the requisite constitutional majority, was passed.
HR 137-495b. By Mr. Moorman of Lanier:
A Resolution requesting certain law books for the Clerk of the Superior Court of Lanier 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.
HR 138-495c. By Mr. Moorman of Lanier:
A Resolution requesting certain law books for the Ordinary of Lanier 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 126, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 139-495d. By Mr. Parker of Appling: A Resolution requesting certain law books for the Court of Ordinary of Appling 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 127, nays 0.
The resolution having received the requisite constitutional majority, was adopted.
THURSDAY, FEBRUARY 10, 1955
589
HB 496. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to provide that certain counties may provide rules for the installations of heating and air conditioning in said counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 128, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 497. By Messrs. Mackay, McWhorter, and Rutland of DeKalb: A Bill to be entitled an Act to provide that certain counties may provide rules for installation of plumbing in said counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 129, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 498. By Messrs. McKenna, Carlisle and Groover of Bibb: A Bill to be entitled an Act to codify all former Acts relating to the Municipal Court 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 130, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 500. By Messrs. McKenna, Carlisle and Groover of Bibb: A Bill to be entitled an Act to amend an Act providing for 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 131, nays 0.
The bill having received the requisite constitutional majority, was passed.
SB 34. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend an Act to limit the collecting of
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taxes by municipal authorities except so far as relates to the City of Savannah, so as to exempt the City of Atlanta from this Act, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 132, nays 0.
The bill having received the requisite constitutional majority, was passed.
SB 47. By Senator Harden of the 27th and others: A Bill to be entitled an Act to place the Solicitor General in the Piedmont Judicial Circuit on a salary basis in lieu of the fee basis, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 133, nays 0.
The bill having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 68. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Act prohibiting the State of Georgia or any department thereof or any political subdivision thereof from employing in any agency of the State of Georgia any alien except where there is no qualified American citizen available, and for other purposes.
Referred to the Committee on State of Republic.
SB 77. By Senator Woods of the 49th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Evans, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 86. By Senators Hollis of the 24th and Overby of the 33rd:
A Bill to be entitled an Act to amend an Act relating to capital stock required of insurance companies, so as to reduce the par value of the shares of such stock; and for other purposes.
Referred to the Committee on Insurance.
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SB 87. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, and for other purposes.
Referred to the Committee on Municipal Government.
SB 90. By Senator Page of the 1st:
A Bill to be entitled an Act to establish a metropolitan planning district for Chatham County, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 102. By Senator Blalock of the 36th:
A Bill to be entitled an Act to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, so as to provide the procedure by which it shall be determined whether malt beverages shall or shall not be sold in a county, and for other purposes.
Referred to the Committee on Temperance.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 263. 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 Committee of the Senate on Municipal Government moves to amend HB 263 by adding thereto a new section to be designated as Section 23-A to read as follows: "Section 23-A. Be it further enacted, that the City of Abbeville may, and is hereby authorized to issue its bonds, for erection of any public building or other improvements that may be needed in said city under the provisions of the law now existing for cities to issue bonds."
Mr. Turk of Wilcox 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 263 was agreed to.
The following Resolutions of the House were read and adopted:
HR 135. By Messrs. Fowler of Douglas and Groover of Bibb:
A Resolution memorializing Congress to call a convention for the purpose of submitting for ratification an amendment to the Constitution of the United States so as to provide an alternative method of amending the Constitution of the United States, and for other purposes.
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HR 175. By Mr. Fowler of Douglas:
A Resolution memorializing the Georgia delegation to Congress to support the Bricker Amendment, and for other purposes.
HR 101. By Messrs. Moate of Hancock, Groover of Bibb and Twitty of Mitchell:
A Resolution providing for a Committee to study and report back by December 1955 an improved method holding committee meetings, and for other purposes.
Under the provisions of HR 101, the Speaker appointed as a Committee on the part of the House the following members of the House: Messrs. Moate of Hancock, Groover of Bibb, Twitty of Mitchell, Jessup of Bleckley, and Hawkins of Screven.
The following report of the Committee on Rules was read and adopted: House of Representatives Atlanta February lOth, 1955.
REPORT OF THE COMMITTEE ON RULES Mr. Speaker:
Pursuant to Rule 53 your Committee on Rules has met and submits the following as the Special Order of Business for Thursday, February lOth, 1955:
That the following list of bills and resolutions be called up in the order in which they appear:
1. HB 185 2. HB 107 3. HB 108 4. HB 109 5. HB 110 6. HB 187 7. HB 236 8. HB 280 9. HB 281 10. HB 326
11. HB 315 12. HB 311 13. HR 46 (Resolution) 14. HB 395
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593
That in addition thereto, if there is sufficient remaining time, that the Speaker be authorized in his discretion to call up any bill on the General Calendar.
That the Speaker and the Vice Chairman of the Rules Committee are authorized on the afternoon session of February lOth and the session of February 11th to have read from the General Calendar, for the third time, any House or Senate Bill or Resolution with the understanding that no vote will be had thereon before Monday, February 14th.
Respectfully submitted,
Denmark Groover, Jr.,
Vice Chairman.
Under the order of business established by the Rules Committee, the following Bill of the House was again taken up for consideration:
HB 185. By Mr. Roughton of Washington:
A Bill to be entitled an Act to regulate the issuance of accident and sickness insurance policies, and for other purposes.
Mr. Roughton of Washington moved that the House reconsider the adoption of the amendment offered by Mr. McGarity of Henry.
The motion was lost.
Mr. Smith of Fulton moved that further consideration of HB 185 be postponed indefinitely.
The motion prevailed and further consideration of HB 185 was postponed indefinitely.
Under the order of business established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 108. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that the right of widow or minor child to a year's support shall be barred by a sale by an administrator prior to the setting apart of such year's support, and for other purposes.
The report 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.
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HB 110. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend the Code concerning the dormancy of judgments, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 1.
The bill having received the requisite constitutional majority, was passed.
HB 107. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to amend an Act providing how dower may be barred by a sale by an administrator under certain conditions, and for other purposes.
The following committee substitute was read:
A BILL
To be entitled an Act to amend an Act of the General Assembly of Georgia approved March 31, 1937 (Ga. Laws 1937, pp. 450, 451) appearing as paragraph 6 of Section 31-110 of the annotated code qf Georgia providing how dower may be barred by a sale by an administrator or executor under authority of a competent court or a power in a will, prior to application for dower, by removing the limitation as to the time of sale, and by providing for notice to the widow and the recording of the affidavit of the administrator or executor as to such notice; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:
SECTION 1.
That paragraph 6 of Section 31-110 of the annotated code of Georgia as enacted by acts of the General Assembly of Georgia approved March 31, 1937, Ga. Laws 1937, pp. 450, 451 be and the same is hereby amended by striking therefrom the words "made more than twelve months after the death of the husband,"; and by striking the words "Provided, however, such administrator or executor shall give the widow written notice, personally or by registered mail, at last known address, of his application for sale" and substituting in lieu thereof the words "Provided, however, such administrator or executor shall give the widow thirty days written notice of such proposed sale personally or by registered mail, at last known address, and such notice may run concurrently with any application to any court for such sale," and by adding thereto the words "The said executor or administrator shall make an affidavit as to the giving of such notice which said affidavit shall be transcribed on the deed or deeds executed pursuant to said sale, and such affidavit shall be recorded along with said deed or deeds and shall be evidence of the giving of said notice", so that said Section 31-110 in its entirety shall read as follows:
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31-110. (5249) How barred.-Dower may be barred-(Act 1760, Cobb, 161. Act 1768, Cobb, 163. Acts 1866, pp. 146, 147.).
1. By provisions made prior to the marriage and accepted by the wife in lieu of dower.
2. By a provision made by deed or will, and accepted by the wife after the husband's death, expressly in lieu of dower, or where the intention of the husband is plain and manifest that it shall be in lieu of dower.
3. By the election of the widow, within 12 months from the grant of letters testamentary or of administration on the husband's estate, to take a child's part of the real estate in lieu of dower.
4. By a failure to apply for the dower for seven years from the death of the husband. (Act 1839, Cobb, 230. Acts 1855-6, p. 234.).
5. By a failure to apply for the dower prior to a sale by an administrator or executor under authority of a court of competent jurisdiction or under power in a will: Provided, however, such administrator or executor shall give the widow thirty days written notice of such proposed sale personally or by registered mail, at last known address, and such notice may run concurrently with any application to any court for such sale, and provided, further, however, that such sale shall bar the dower only as to the land sold. The said executor or administrator shall make an affidavit as to the giving of such notice, which said affidavit shall be transcribed on the deed or deeds executed pursuant to said sale and such affidavit shall be recorded along with said deed or deeds and shall be evidence of the giving of said notice.
The following amendment to the substitute was read and adopted:
Mr. Nightingale of Glynn moves to amend the substitute to HB 107 as follows: By substituting the following words "which said affidavit shall be attached to the deed or deeds executed pursuant to said sale and recorded along with said deed or deeds and shall be evidence of the giving of said notice" for the words "which said affidavit shall be transcribed on the deed or deeds executed pursuant to said sale and such affidavit shall be recorded along with said deed or deeds and shall be evidence of the giving of said notice" wherever they occur in said bill.
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 112, nays 0.
The bill having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 109. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to provide that the right of a widow to a year's support shall be defeated by marriage, and for other purposes.
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The following committee substitute was read and adopted:
A BILL
To be entitled an Act to provide that the right of a widow to a year's support from the estate of a decedent shall be barred by the remarriage of said widow prior to the setting apart of such year's support, or by the death of said widow after twelve months from the date of the death of said decedent and prior to the filing of the application for such year's support, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME.
SECTION 1. The right of a widow to a year's support from the estate of a decedent shall be barred by the subsequent remarriage of said widow prior to the filing of an application for such year's support.
SECTION 2. The right of a widow to a year's support from the estate of a decedent shall be barred by the death of said widow after twelve months from the date of the death of said decedent and prior to the filing of the application for such year's support.
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstances is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.
SECTION 4. All laws and parts of laws in conflict herewith are hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 104, nays 4.
The bill having received the requisite constitutional majority, was passed, by substitute.
HB 187. By Mr. Roughton of Washington:
A Bill to be entitled an Act to provide for the approval of all policies of life or health and accident insurance by the Insurance Commissioner, and for other purposes.
Mr. M. Smith of Fulton moved that further consideration of HB 187 be postponed indefinitely.
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597
The motion prevailed and further consideration of HB 187 was postponed indefinitely.
HB 236. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to make it unlawful to drive a motor vehicle in a reckless manner, and for other purposes.
The following amendment was read and adopted:
Mr. Veal of Putnam moves to amend HB 236 by adding a new Section to be appropriately numbered: "Provided, however, this Act shall not apply to any area under the jurisdiction of any municipal charter."
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 56, nays 61.
The bill having failed to receive the requisite constitutional majority, was lost.
The following report was submitted and read:
House of Representatives
Atlanta
February 10, 1955
Mr. Speaker: Your Committee named to examine local constitutional amend-
ments resolutions have examined the following Resolutions of the House and Senate and find the same to apply only to the localities stated opposite the numbered Resolutions below:
Substitute for HR 21-47b:-Bibb County; HR 24- 56a:-Atkinson County; HR 28- 83d:-City of Ashburn, in Turner County; HR 32- 84b:-Wheeler County; HR 61-21lb:-Effingham County; HR 66-235c:-McDuffie County; HR 70-266a:-Chatham County; HR 77-266h:-Muscogee County; HR 78-274a:-Dougherty County; HR 82-297b:-Richmond County; SR 20 :-Calhoun County;
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SR 23 :-Douglas County.
Respectfully submitted,
Nightingale of Glynn, Chairman Scoggin of Floyd, Member Russell of Barrow, Member Freeman of Monroe, Member Rowland of Johnson, Member.
By unanimous consent, the following Resolutions of the House and Senate were taken up for consideration and read the third time:
HR 21-47b. By Messrs. McKenna, Carlisle and Groover of Bibb:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Paragraph I, Section IV, Article VII of the Constitution of Georgia of 1945 so as to authorize the General Assembly to enact laws creating a civil service commission and civil service system for county police employed by Bibb County and for employees and deputies of the Sheriff of Bibb County; and further, to establish tenure of office for such employees and deputies and to define the powers and responsibilities of the Civil Service Commission, employees and deputies coming under civil service classification, and county officers, in respect thereof; and, further, to provide exceptions and exemptions to the operation of said laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:
SECTION 1.
That the Constitution of Georgia of 1945 be amended by adding to Paragraph I, Section IV, Article VII the following words, to wit:
"The General Assembly shall have authority to enact laws creating a Civil Service Commission and civil service system and merit system for County Police employed by Bibb County and for employees and deputies of the Sheriff of Bibb County; and further, to establish tenure of office for such employees and deputies and to define the powers, duties and responsibilities of the Civil Service Commission, employees and deputies coming under civil service classification, and county officers, in respect thereto; and, further, to provide exceptions and exemptions to the operation of said laws.
The Act of the General Assembly passed in its regular session of 1955 and entitled, "A Civil Service Act for Bibb County", providing a Civil Service Commission and a civil service system for County Police employed by Bibb County and employees and deputies of the Sheriff of Bibb County, is herein ratified, affirmed, and empowered and it is hereby provided that such act be and is enacted law of this State effective December 1, 1956."
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599
SECTION 2.
Be it further enacted that when this amendment shall have been agreed to by the requisite two-thirds of the members of each house, with the "Ayes" and "Nays" entered thereon, it shall be published as required by law and submitted to the qualified voters of Georgia for ratification or rejection at the next general election in which constitutional amendments may be voted on. 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 of Georgia, authorizing a civil service system for the County Police and Deputy Sheriffs of Bibb County". "Against ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution of Georgia, authorizing a civil service system for the County Police and Deputy Sheriffs of Bibb 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. Returns shall be made and results declared as required by law and if said amendment be adopted by ratification as required by law said amendment shall become a part of Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945.
SECTION 3.
All laws and parts of laws in conflict with this act, be and the same are hereby repealed.
The following committee substitute was read:
A RESOLUTION
Proposing to the Qualified Voters of Georgia An Amendment to Paragraph I, Section IV, Article VII of the Constitution of Georgia of 1945 so as to provide a Civil Service System and a Civil Service Board for Bibb County; to provide for the appointment and removal of the members of said board and their qualifications, terms of office, and salaries; to prescribe the duties of the Civil Service Board; to provide to what employees the provisions of this Act shall be applicable; to provide for the classification and qualifications of employees; to provide for a minimum, intermediate, and maximum salary schedule for classified employees; to provide for the holding of examinations under the provisions of this Act; to provide for probationary period of employment; to provide how and in what manner and for what reason employees may be demoted, suspended, or discharged; to provide for trials of employees charged with the violation of civil service rules or provisions; to provide a uniform procedure for handling certain personnel affairs of such county; to provide for promotions, suspensions, reduction and removal of certain county employees; to provide for the certification of payrolls, the administering of oaths, the keeping of records and furnishing of information in connection with the uniform procedure herein prescribed; to prohibit county employees coming under the provisions of this system from doing certain things in violation thereof; to provide a penalty for all persons violating the provisions of this system; to provide for a secretary to the board
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and define his powers and duties; to provide for removals in the interest of economy; to establish re-employment lists and provide for leaves of absence and vacation; to provide leave for county employees in military service; to fix the responsibility for the conduct of the affairs of county government; to provide for the bonding of employees under classified service; to provide for the repeal of conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AND IT IS HEREIN ENACTED BY AUTHORITY OF SAME:
SECTION 1. That the Constitution of Georgia of 1945 be amended by adding to Paragraph I, Section IV, Article VII the following words, to wit: "A Civil Service System is hereby created in Bibb County as follows: Part 1. Index. Part 2. Definitions. Part 3. Appointment, Removal, Compensation and duties of the Bibb County Civil Service Board. Part 4. Appointment, Removal, Compensation and duties of the Secretary, Bibb County Civil Service Board. Part 5. Unclassified Service and Classified Service. Part 6. Retirement. Part 7. Status of Incumbents. Part 8. Method of Filling Vacancies. Part 9. Certification and Appointment. Part 10. Temporary and Provisional Appointment. Part 11. Examinations. Part 12. Ratings and Eligibility. Part 13. Promotions. Part 14. Re-employment. Part 15. Transfers. Part 16. Demotions. Part 17. Suspensions. Part 18. Lay-offs. Part 19. Removals. Part 20. Appeals. Part 21. Political Activity. Part 22. Residence.
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Part 23. Dismissal for Violation. Part 24. Penalties. Part 25. Oaths. Part 26. Bonds of Employees. Part 27. Changes in System. Part 28. Effective Date.
Part 2.
Definitions
The following terms, when used herein in connection with the Bibb County Civil Service System, shall have the following meanings unless the context clearly requires otherwise:
(1) "Classified Service" means all offices and positions of employment as County Police in the service of Bibb County and serving under the direction of the Sheriff of Bibb County, and all offices and positions of employment in the service of the Sheriff of Bibb County, except those offices and positions placed in the unclassified service by this Act. Nothing in this Act shall be construed as requiring the County Board of Commissioners for the County of Bibb to place the direction and control of the County Police of Bibb County under the Sheriff of Bibb County. The County Commissioners may at any time remove the County Police of Bibb County from the Civil Service System herein created.
(2) "Board" means the Bibb County Civil Service Board.
(3) "Secretary" means the Secretary of the Bibb County Civil Service Board.
(4) "Appointing Authority" means the Sheriff of Bibb County or any person lawfully serving as Sheriff of Bibb County.
(5) "County Commissioners" means County Board of Commissioners for the County of Bibb.
(6) "Position" means any office or place of employment as County Police in the service of Bibb County, Georgia, and any office or place of employment in the service of the Sheriff of Bibb County.
(7) "Classified Employees" means any employee holding a position in the Classified Service.
(8) "Public Hearings" means an opportunity given after public notice of at least five days for any person or persons to appear and be heard on the matter involved.
Part 3.
APPOINTMENT, REMOVAL, COMPENSATION AND DUTIES OF THE CIVIL SERVICE BOARD
(1) There is hereby created and established the Bibb County Civil Service Board which shall consist of three members of known sympathy
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to the merit system who shall have been residents of Bibb County for two years or more. The initial members of the Bibb County Civil Service Board shall be appointed by a majority vote of the County Commissioners at their first regular meeting following the enactment into law of this Act and the initial members shall be appointed for terms as follows:
One member for term ending December 31, 1962
One member for term ending December 31, 1958
One member for term ending December 31, 1960
Thereafter all appointments for the Civil Service Board shall be as follows: The Chairman of the Bibb County Commission of Roads and Revenues shall nominate the members of the Board subject to confirmation by a majority vote of the County Commissioners at its next regular meeting after said nominations are made. Such nominations shall be announced by publication in the official organ of the county at least one week before said meeting of the County Commissioners. All appointments shall be for a term of six years, and the members shall serve until their successors have been appointed and qualified. The members shall annually elect one of their members as Chairman of the Board and one member as Vice-Chairman. Two members of the Board shall constitute a quorum for the transaction of business. Vacancies in the office of said Civil Service Board created by death, resignation or otherwise shall be filled by nomination of the Chairman and confirmation by the Board of County Commissioners after publication as provided for regular appointments herein and such appointment shall be for the unexpired term. No member of the Board shall hold any other lucrative office or employment under the United States Government, the State of Georgia, or any political subdivision thereof, except the office of Notary Public or in the military forces.
(2) A member of the Board may only be removed for cause after charges have been filed with the County Commission. Such charges must be filed in writing and a copy furnished the member sought to be removed; the member shall be entitled to a public hearing before the County Commissioners, and removal shall be accomplished only after such hearing and a majority vote of the entire Board of County Commissioners.
(3) The members of the Board shall serve without compensation, except that the County Commissioners may authorize payment to members on a per diem basis for the time actually devoted to the business of the Board.
(4) The Board shall keep its office and shall hold its meetings in the Bibb County Court House, and all of said meetings shall be open to the public. The Board shall hold regular meetings at least once every three months, and as often in addition thereto as the Board may provide.
(5) It shall be the duty of all officers having charge of public buildings of Bibb County to allow the reasonable use of space and room therein, and to heat and light for the holding of any examinations or investigations provided for herein, in all proper ways to facilitate the work of the Board. It shall be the duty of the Board as a body:
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(a) After a public hearing and proper investigation during which the County Commissioners, Appointing Authority, and the Classified Employees shall be afforded every opportunity to be heard, to adopt, rescind, and amend rules and regulations for the administration of this Civil Service System; to set up a classification plan for all positions covered by this System; together with a recommended minimum, intermediate, and maximum salary schedule for such positions, which, if adopted by a majority vote of the County Commissioners, it shall be the duty of the Appointing Authority and other employees of Bibb County to which these rules, regulations, classifications, plans, salary schedule, and any modifications thereof may relate, to assist in all proper ways in carrying them into effect. Notice of the contents of such rules, regulations, classification plan, salary schedule and any modifications thereof shall be given to the Appointing Authority affected thereby, and shall be reprinted for public distribution.
(b) To hear and determine appeals and complaints respecting the administrative work of the Secretary filed with the Board by any Appointing Authority or classified employee and such other matters as may be filed with the Secretary.
(c) To make such investigations as may be requested by the County Commissioners where Bibb County employees are affected and to report thereon.
(d) To keep minutes of its own meeting and such other records as
the Board may deem necessary.
(e) To examine and approve or modify the annual report prepared by the Secretary and submit such report to the County Commissioners on or before the first day of July of each year transmitting therewith any suggestions it may approve for the more effectual accomplishment of the purpose of this Civil Service System; and to supervise generally the work of the Secretary in the administration of the provisions of this System. Such report shall be made available to any interested groups.
Part 4.
APPOINTMENT, REMOVAL, COMPENSATION AND DUTIES OF THE SECRETARY
(1) The County Commissioners shall assign a Secretary to the Board from among these county employees who assist the Clerk of the County Commissioners in the field- of personnel administration for county employees or from among any regular county employee capable of performing the duties of Secretary as herein set forth.
(2) The County Commissioners shall provide adequate facilities and quarters for the Board and the Secretary to store records and to administer the provisions of this Civil Service System.
(3) The Secretary shall take the oath of office prescribed for the County Commissioners and give bond in the penal sum to be fixed by the County Commissioners.
(4) The Secretary shall hold his office during good behavior and may be removed at will by the County Commissioners.
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(5) The Secretary shall receive no additional compensation for service on behalf of the Board unless such shall be provided by the County Commissioners.
(6) It shall be his duty:
(a) To attend meetings of the Board, to act as its Secretary and to record its official actions.
(b) To assist the Board in administering the Civil Service System and in preparing and maintaining the rules, regulations, classification plan, and salary schedule for the proper administration and execution of this System. The rules and regulations as adopted by the Board, shall govern the examination procedure, formulation of registers of eligibles, certification of persons qualified for appointments, transfers, demotions, promotions, suspensions, layoffs, re-employments, resignations, leaves of absence without pay, dismissals, and other matters pertaining to the proper administration of this Civil Service System.
(c) To establish and maintain a roster of all officers and employees in the employ of Bibb County who are covered by this System, showing for each such person the date of appointment, the title of position or positions held, the initial rate of compensation and all changes thereof, and such other data as deemed desirable and pertinent.
(d) To present to the Board all matters filed with him for the Board's consideration.
Part 5.
UNCLASSIFIED SERVICE AND CLASSIFIED SERVICE
(1) The Unclassified Service shall consist of the following:
(a) Any person serving as Sheriff of Bibb County.
(b) Any person serving as Chief Deputy to the Sheriff of Bibb County.
(c) Any person who does not receive regular compensation from county funds, directly or indirectly.
(d) Any person serving as a special deputy or as a temporary deputy for a period of less than 30 days.
(e) Any person employed on a per diem basis and whose sole duties are those of bailiff to a court.
Part 6.
RETIREMENT
All members of the classified service may be retired on account of age effective at the end of the calendar year in which they respectively attain the age of 65 years and shall be retired or shall be dismissed from employment at the end of the calendar year in which they respectively attain the age of 70 years.
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Part 7.
STATUS OF INCUMBENTS
Any person holding a permanent position in the classified service of Bibb County on the effective date of this Bibb County Civil Service System, shall continue to hold such position subject to the provisions herein and shall be deemed to be qualified for such employment and shall be entitled to receive a regular permanent appointment in accordance with the provisions herein and, provided, that he shall file with the Civil Service Board within ninety (90) days after the effective date hereof a written certificate which shall include a complete history of his employment record on forms which shall be prescribed by the Board.
Any person entering the service of the United States and covered by the Soldiers and Sailors Relief Act of Congress shall be conclusively presumed to have been on furlough or leave of absence during his period of service in the Armed Forces of the United States, provided the person entering service shall, within thirty (30) days after leaving the employment in the classified service of Bibb County, make written application to the Board for furlough or leave of absence during his period of service in the Armed Forces of the United States, and shall be restored to his or her former or comparable position without loss of seniority, provided:
(a) He does not voluntarily extend his period of training and service beyond the expiration of his term during the present emergency.
(b) He is still physically and mentally qualified to perform the duties of such position.
(c) He makes application for re-employment within six months after his honorable discharge from the Armed Forces of the United States.
Provided further that all employees of Bibb County coming under the provisions of the classified service who have entered the service of the United States Government as specified herein and who at the time of their entrance had been regular employees of Bibb County for a period of at least six months prior to entering said service, shall be deemed as regular employees coming under the classified service as provided herein and shall be entitled to all benefits provided hereby.
This provision shall not apply to employees who voluntarily reenlist at the expiration of the present emergency.
Part 8.
METHODS OF FILLING VACANCIES
Vacancies in the classified service shall be filled either by regular appointment, temporary appointment, re-employment, promotion, transfer, or demotion. The Secretary may advise with the Appointing Authority as to which of these methods should be employed in each instance, but the decision shall rest with the Appointing Authority, provided, that temporary appointments may be made only in accordance with the provisions herein stated. The Appointing Authority shall fill
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vacancies in the classified service by promotion as far as deemed practical.
Part 9.
CERTIFICATION AND APPOINTMENT
Whenever a vacancy is to be filled by regular appointment, the Appointing Authority shall submit to the Secretary a statement of the duties of the position and a request that the Secretary certify to him the names of persons eligible for appointment to the position. The Secretary shall immediately certify to the Appointing Authority the names of the three persons standing highest on the register of such a class in which the position is established and if more than one vacancy is to be filled, the name of one additional person eligible for each additional vacancy, or all the names on the register if there be less than three. If it should prove impossible to locate any of the persons so certified or should it become known to the Secretary that any person is not willing to accept the position, the Appointing Authority may request that additional names be certified until three persons eligible and available for appointment have been certified, if there be as many as three on the register. The Appointing Authority shall then appoint one of the persons so certified to the position, except that, in the event he has less than three persons from which to make his selection, he may choose from the remaining certified names or may elect to make a temporary appointment of some other person. In the event that there does not exist any eligible register which the Secretary deems to be appropriate for the class in which the position is established, the Secretary shall proceed to prepare such an eligible register as soon as possible after the receipt of the request of the Appointing Authority that eligibles be certified. Whenever an eligible has been certified to, and rejected by, Appointing Authority three times, the Secretary, after investigation may with the approval of the Board, remove the name of such person from the eligible register. All regular appointments to the classified service covered herein shall be for a probationary period of not exceeding six months, but the Board and the Appointing Authority may extend such probationary period to one year. If during this probationary period, the conduct or capacity of the probationer has not been satisfactory to the Appointing Authority, the probationer and the Board shall be notified in writing that he will not receive permanent appointment, otherwise retention in the service longer than for the probationary period of any employee shall constitute permanent appointment.
Part 10.
TEMPORARY AND PROVISIONAL EMPLOYMENT
Whenever it is impossible to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person to the Board. If such nominee is found by the Board to have had experience and training which appears to qualify him for the position, he may be temporarily appointed to such vacancy but only until an appropriate eligible register can be established and appointment made therefrom provided that the Secretary with the approval of the Board may approve a provisional appointment to fill a technical or professional position which requires specialized knowledge
THURSDAY, FEBRUARY 10, 1955
607
or training and which cannot be filled from the eligible register. Successive temporary appointments more than six months shall not be made except with the approval of the Board, and then only in the interest of good service; provided, however, that no person shall be given a temporary or provisional appointment unless that person shall be found to have at least sufficient minimum qualifications to qualify to take the examination for the position to which he is provisionally appointed.
Part 11.
EXAMINATIONS
Each eligible register shall consist of a list of all persons who have shown that they possess the qualifications and have passed the tests which entitle them to be considered eligible for appointment to any position in the class for which the eligible register is to be prepared. The tests may take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, and other pertinent matters and may be written or oral or may be in the form of actual demonstration of fitness as the Board may determine. Such test shall be competitive, practical, free and open to all persons, citizens of Bibb County, who may be lawfully appointed to any position in the class to which they are held with such limitations as to age, health, habits, character, and other qualifications as may be considered desirable and specified in the public announcement of the test. The Board shall establish or create examination committees from qualified persons to assist them in giving tests. Public notices of time, place, and general scope of every test shall be given.
Part 12.
RATING AND ELIGIBILITY
Examination papers shall be rated on the scale of one hundred, and the subjects therein shall be given such relative weights as may be prescribed. In rating these papers, no person shall wilfully or corruptly make any false mark, grade, estimate or report on the examination or proper standing of any person examined under the provisions herein, or wilfully or corruptly make any false representation concerning the persons examined, or wilfully or corruptly furnish to any one special or secret information for the purpose of improving or injuring the chances of appointment or promotion of any person examined. All competitors rated seventy or more shall be eligible for appointment, and their names shall be placed on the proper register according to their attained ratings. The term of eligibility shall be one year, commencing with the date on which the name of eligible is entered on the register. This term may be extended in the discretion of the Board for all those on any register when conditions of good administration render it inexpedient to hold a new examination.
Part 13.
PROMOTIONS
Promotions of employees to positions having a different and higher classification under the Bibb County Civil Service System shall be made
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only according to merit and fitness, which, so far as practicable, shall be ascertained by competitive examinations. Such examinations shall be conducted by the Board at the request of the Appointing Authority.
Part 14.
RE-EMPLOYMENT
(1) Whenever any employee in the classified service, who has been performing his duties in a satisfactory manner as shown by the records of the department or other agency in which he has been employed, is laid off because of lack of work or lack of funds, or has been on authorized leave of absence and is ready to report for duty when a position is open, or has resigned in good standing and with the consent of the Secretary and the head of the department under whose jurisdiction he was employed, and has withdrawn his resignation without being restored to his position, the Secretary shall cause the name of such employee to be placed on the re-employment list within three years thereafter when vacancies in the class occur. The order in which names shall be placed on the re-employment list for any class, shall be in order according to dates of applications for re-employment. No person shall be reinstated or have his name restored to a re-employment list unless such resignation is withdrawn, within three years after it has been presented and accepted.
All employees under the classified service who may hereafter enter the service of the United States as specified herein shall upon being honorably discharged therefrom be eligible for re-employment under the classified service as provided herein and shall be restored to their former positions, provided, however, they file application with the Board within six months from date of such discharge.
This provision shall not apply to employees who voluntarily reenlist in the service of the United States at the expiration of the present emergency.
(2) When a vacancy exist which the Appointing Authority has decided to fill by re-employment, the Appointing Authority shall submit to the Secretary in such form as may be prescribed by the Board a request that the Secretary certify to him the names of persons eligible for re-employment in the class in which the vacant position is established. The Secretary shall immediately certify to the Appointing Authority the names of persons as appropriate registers.
Part 15.
TRANSFERS
An Appointing Authority may, at any time, transfer any classified employee under his jurisdiction, from one position to another in the same classification. In every such case the Appointing Authority shall give written notice of this action to the Secretary.
Part 16.
DEMOTIONS
An Appointing Authority may in accordance with the rules and
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609
regulations established by the Board, demote for cause a classified employee under his jurisdiction from a position in one class to a position in a lower class, but only after the employee and the Secretary have been notified in writing of such contemplated action. Any employee so demoted shall have the right to appeal his demotion to the Board. The Board can then approve his demotion or re-instate him to his formed position if, in its opinion, the demotion is not justified.
Part 17.
SUSPENSIONS
An Appointing Authority may in accordance with the rules and regulations established by the Board, upon giving written notice to an employee and the Secretary, suspend a classified employee for disciplinary purposes without pay for a period of not to exceed thirty (30) days in any twelve months' period.
Part 18.
LAYOFF AND LEAVE OF ABSENCE WITHOUT PAY
An Appointing Authority may lay off a classified employee whenever he deems it requisite due to unusual condition or shortage or stoppage of work or funds. In every case of this kind, the Appointing Authority shall, before the effective date thereof, give written notice of his contemplated action to the employee involved and to the Secretary. Any person who has been appointed to a position in the classified service, or who shall have attained Civil Service status under the provisions herein, other than temporary or provisional appointee, and who has been laid off for the reasons stated in this section of Part 18, shall have his name placed on an appropriate re-employment register. Leave of absence for a period not to exceed three consecutive months may be granted to any employee without pay upon request of the employee when approved by the Appointing Authority.
Any leave of absence for a period in excess of three consecutive months as provided herein shall be obtained only with the approval of the Board.
Part 19.
REMOVAL
Any Appointing Authority may dismiss a subordinate in the classified service for cause, upon filing with the Board copy of written notice furnished the employee to be removed, setting forth in detail the reasons for such action, before the effective date of such removal. Wilful violation of the rules and regulations established by the Appointing Authority for employees under his direction, conduct unbecoming to an officer, disobedience to the lawful order of a superior officer, shall each be considered just cause for dismissal. The dismissed employee shall have an apportunity to answer the charges in writing within ten (10) days, and to file with the Board affidavits in support of such answer. All papers filed in the case shall be subject to inspection by the persons affected. Such action of the Appointing Authority shall be final, except the Board may re-instate an officer or employee so re-
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moved in case it appears after proper hearing that the removal was made for political or religious reasons and not justified. The Board may, after proper investigation of the circumstances surrounding the dismissal and the fairness thereof, approve the transfer or reemployment of the employee involved either to the same position, or to a lower position as the Board may direct. Provided, however, the Board within thirty (30) days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion, or on the motion of any party, re-open the case and vacate, modify or revise its former order so as to lessen but not increase, the penalty imposed, but after the end of such thirty (30) days, the Board shall not have any authority to re-open such case for any cause.
The County Commissioners shall have the right to prefer charges against any employee in the Classified Service for violation of any Civil Service rule or regulation, in which case the employee against whom such charges are filed shall have an opportunity to answer the charges in writing within ten (10) days after written notice thereof, and to file with the Board affidavits in support of such answer. Thereafter, the proceedings shall be the same as in cases where disciplinary action is taken on charges are preferred by an Appointing Authority in accordance with the provisions herein.
(a) Whenever an employee has been suspended, demoted, discharged, disciplined, or otherwise caused to suffer any loss in classification, grade, or salary, such employee shall have the right to appeal to the Civil Service Board. This right may be exercised at any time within ten days from the date of such suspension, demotion, discharge or other disciplinary action by a request in writing for such hearing filed with the Secretary of said Board. Immediately upon the receipt of such request, the Secretary, shall notify the members of the Board and call a meeting of the Board for proper hearing of the case. The Board shall proceed to hear all parties at interest and such evidence as may be introduced by any of them at the earliest practicable date after notice of the appeal has been filed. The filing by an employee of an answer to charges to the written statement filed by the Appointing Authority with the Board as provided in Section 18 above, without further formality shall be deemed a sufficient demand for a hearing.
Part 20.
APPEALS
Whenever the Secretary refuses to certify an eligible, as provided herein, then the Secretary, if requested by the person so affected, shall give to him a full and explicit statement of the exact cause for such refusal to certify as the case may be. The person so rejected may ask for a review of the case by the Board, which shall be granted, and said Board by a majority vote, shall have power to render a final decision in writing to the person asking for the review. Such decision of the Board shall be binding on all concerned, and shall be a final adjudication of the appeal.
Part 21.
POLITICAL ACTIVITY AND RECOMMENDATIONS
In applying the provisions of this Civil Service System or in doing
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611
any of the things hereby provided, no person whosoever shall give any consideration to political or religious affiliations. No person holding a position in the classified service shall directly or indirectly solicit or receive in any manner or be concerned with soliciting or receiving any assistance, or subscriptions or contributions for any political purpose, or participate in any form of political activity whatsoever, other than to express privately his views as a citizen and to cast his vote in any election. No recommendations for any person who applies for office or position in the classified service, or for examination under the provisions of this Civil Service System, except as to character, and in the case of former employees as to ability, shall be considered by the Board, the Secretary or the Appointing Authority, in giving any examination, appointment, promotion, or re-instatement under the provisions of the Bibb County Civil Service System.
Part 22.
RESIDENCE
Positions in the classified service shall be filled by citizens of Bibb County who have been residents of Bibb County for at least two years immediately preceding the date of examination. In the discretion of the Board, residence requirements may be waived only for technical and professional positions for which qualified applicants who are residents of Bibb County cannot be obtained. Removal of residence outside of Bibb County shall be grounds for removal unless permission to remove residence is granted for just cause by the Board and approved by the County Commissioners.
Part 23.
DISMISSAL FOR VIOLATION
Any person in the classified service violating any provisions of this Civil Service System may be dismissed from the classified service but shall be entitled to a written copy of the charges and an opportunity to a fair hearing before the Board prior to said dismissal.
Part 24.
PENALTIES
Any person who shall wilfully or corruptly violate any of the provisions herein shall be guilty of a misdemeanor and shall on conviction thereof be punished as for a misdemeanor prescribed by the laws of Georgia, and if such convicted person be in the classified service, he shall be dismissed therefrom and shall not be eligible for re-employment, re-instatement, or re-appointment for a period of three years from date of such conviction.
Part 25.
OATHS
The Board and all employees in the classified service shall take the oath of office as prescribed by law for their respective positions.
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Part 26.
BONDS OF EMPLOYEES UNDER CLASSIFIED SERVICE
(1) Any employee under classified service who is employed in any department under the control and office of an elected officer who is or may be responsible for the acts of such employees as a deputy, may be required as a condition of his employment to give bond with good security in an amount satisfactory to the head of such department, conditioned to indemnify such officer or head against loss by reason of the conduct of such employee or deputy, or because of any error made by any employee or deputy in the performance of his or her duties as an employee or deputy. The premium of said bond shall be paid by the Treasurer of Bibb County, to the extent such bond is required by law.
(2) Should the amount of bond required be deemed by the Board arbitrary, unreasonable or oppressive, an appeal shall lie to the Superior Court which shall have the authority to set the amount of such bond.
(3) The Board shall have the right in its discretion to require bonds of employees other than those specified in the preceding sections, where the duties of such employee make a bond necessary or desirable, but this provision shall not forbid the County Commission or other authority coming under County Government to require any employee handling funds or performing duties of trust to post bonds.
Part 27.
CHANGES IN SYSTEM
The General Assembly shall have authority to enact laws changing, altering, or abolishing the Bibb County Civil Service System herein established and to provide additions, exceptions, or exemptions to the Bibb County Civil Service System herein established.
Part 28.
EFFECTIVE DATE
Be it further enacted that the provisions of this amendment to the Constitution of the State of Georgia shall become effective December 1, 1956.
SECTION 2.
Be it further enacted that when this amendment shall have been agreed to by the requisite two-thirds of the members of each house, with the "Ayes" and "Nays" entered thereon, it shall be published as required by law and submitted to the qualified voters of Georgia for ratification or rejection at the next general election in which constitutional amendments may be voted on. 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 of Georgia, authorizing and creating a civil service system for the County Police and Deputy Sheriffs of Bibb County." "Against ratification of amendment to Article VII, Section
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613
IV, paragraph I, of the Constitution of Georgia, authorizing and creating a civil service system for the County Police and Deputy Sheriffs of Bibb 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. Returns shall be made and results declared as required by law and if said amendment be adopted by ratification as required by law said amendment shall become a part of Article VII, Section IV, paragraph I, of the Constitution of Georgia of 1945.
SECTION 3.
All laws and parts of laws in conflict with this Act, be and the same are hereby repealed.
The following amendment to the substitute was read and adopted:
Messrs. Groover, McKenna and Carlisle of Bibb move to amend the committee substitute for HR 21-47b by adding a new section to be numbered 27-A to provide as follows:
1. It is distinctly provided that the legislature may, at any time, repeal the Civil Service System herein created without the necessity of further amendments to the Constitution.
2. It is expressly provided that the County Commissioners may, at any time, provide for a County Police Department, independent of the Sheriff's Office and in so doing eliminate the County Police from the provisions of the Civil Service System.
3. It is expressly provided that the final authorization for the fixing of the salaries of employees under the Civil Service System is to be established by the vote of County Commissioners.
4. It is expressly provided that the County shall not be required to pay the premium on any bond of any employee under the Civil Service System in excess of that bond required by statute.
The committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the resolution, by substitue, was adopted, 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.:
Adams Allen Bagby Barber of Colquitt Barber of Jackson Baughman Bentley
Birdsong Blackburn Blalock Bloodworth Boggus Bolton Brown
Caldwell Callier Campbell Carlisle Chambers Cheatham Cheek
, 614
JOURNAL OF THE HOUSE,
Clary Cloud Cocke Coker of Cherokee Cornelius Cowart Coxwell Deal Deen Denson Drinkard Duke Duncan Eyler Fain Floyd Fordham Foster Fowler of Douglas Fowler of Tift Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter Hall Harris Harrison of Wayne Hawkins Henderson Hogan Holley Houston Huddleston Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin
Jones of Laurens Jones of Sumter Jordan Kelley Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Lam Land Lavender Lindsey Lokey Long Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McWhorter Mincy Mobley Moore Moorman Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Parker Peacock Pelham Perkins Peters Pettey
Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray Reed Rodgers Roughton Rowland Ruark Russell Sanders Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tarpley Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wright Young
By unanimous consent, vertification of the roll call was dispensed with.
On the adoption of the resolution, by substitute, as amended, the ayes were 158, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute, as amended.
THURSDAY, FEBRUARY 10, 1955
615
HR 28-83d. By Mr. Kennedy of Turner:
A RESOLUTION
Proposing an amendment to Article VII, Section V, Paragraph 1, of the Constitution, so as to authorize the City of Ashburn, in Turner County, to 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 any industries in the City of Ashburn and authorizing the governing authority of such city to select a board of citizens from the city to render service respecting the use of such fund; 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:
SECTION 1.
Article VII, Section V, Paragraph I, of the Constitution of Georgia of 1945, as amended, is hereby amended by adding at the end thereof the following:
"The City of Ashburn, in Turner County, is authorized to levy a tax not to exceed one mill, in addition to all other taxes, on all the taxable property in the city, for the purpose of creating a fund to be used exclusively in assisting, promoting and encouraging the location of new industries in the City of Ashburn. The governing authority of said city is hereby authorized to select a board of citizens of the city to render advice relative to the use of such fund 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. Such proposed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VII, Section V, Paragraph I, of the Constitution, so as to authorize the City of Ashburn to 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 said city.
"Against ratification of amendment to Article VII, Section V, Paragraph I, of the Constitution, so as to authorize the City of Ashburn to 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 said city."
All persons desiring to vote in favor of adopting the proposed
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JOURNAL OF THE HOUSE,
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 such amendment shall be ratified as provided in said Paragraph of the Constitution, it 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 Allen Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Blackburn Blalock Bloodworth Boggus Bolton Brown Caldwell Callier Campbell Carlisle Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Cornelius Cowart Coxwell Deal Deen Denson Drinkard Duke Duncan Eyler
Fain Floyd Fordham Foster Fowler of Douglas Fowler of Tift Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter Hall Harris Harrison of Wayne Hawkins Henderson Hogan Holley Houston Huddleston Hudson lvey
Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan
Kelley Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Lam Land Lavender Lindsey Lokey Long Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McWhorter Mincy Mobley Moore Moorman Murphy of Haralson Murr Musgrove Nightingale
THURSDAY, FEBRUARY 10, 1955
617
Nilan Odom Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray
Reed Rodgers Roughton Rowland
Ruark Russell Sanders Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tarpley
Todd Turk Twitty
Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wright Young
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 158, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 32-84b. By Mr. Jordan of Wheeler:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the election of members of the Board of Education of Wheeler County by the people; 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.
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 Wheeler County shall be composed of six members to be elected by the voters from each military district, as hereinafter provided. One member of the board shall be elected from each of the six militia districts in Wheeler County and the member from each district shall be elected only by the voters of his district. No person shall be eligible to serve as a member of the board from a militia district unless he shall reside in such district. No person who resides in that portion of Wheeler County embraced within the territory of an independent school system shall be eligible for election as a member of said board. In order to be eligible for membership on said board, a person
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JOURNAL OF THE HOUSE,
must be a freeholder, at least thirty years of age, of good moral character, qualified and registered to vote for members of the General Assembly and shall have lived in Wheeler County for the five continuous years immediately preceding the date of the election.
"On the first Tuesday in February, 1957, it shall be the duty of the Ordinary of Wheeler County to hold an election for the purpose of electing members of the Board of Education of Wheeler County. It shall be the duty of the Ordinary to publish the date of the election, the purpose thereof, and a brief discription of the voting procedure by districts once a week for the two weeks immediately preceding the date thereof in the official organ of Wheeler County. All the members elected at such election shall take office January 1, 1958. The member elected from Militia District No. 1600 shall serve for a term of one year; the member elected from Militia! District No. 1417 shall serve for a term of two years; the member elected from Militia District No. 394 shall serve for a term of three years; the member elected from Militia District No. 1450 shall serve for a term of four years; the member elected from Militia District No. 1531 shall serve for a term of five years; and the member elected from Militia District No. 393 shall serve for a term of six years. Also, such members shall serve until their successors are elected and qualified. The successors to such members shall be elected at an election to be held on the first Tuesday in February in the year in which the member's term of office shall expire, and successors shall take office on January first following their election. All successors to the first members hereof shall serve for a term of six years, and until their successors are elected and qualified.
"In case of a vacancy on said board by death, resignation, or some other cause other than expiration of a term of office, the remaining members of the board shall elect a successor who shall serve for the unexpired term.
"The Board of Education of Wheeler County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1957, and the terms of office of all members of such board shall expire on such date. After the ratification of this amendment, the Grand Jury of Wheeler County shall appoint no new members to the board, but the term of any member serving at the time this amendment is ratified is hereby extended to December 31, 1957, even though such term would have expired prior to that date."
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. Such proposed amendment shall be submitted as provided in said Paragraph.
THURSDAY, FEBRUARY 10, 1955
619
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 Wheeler County from militia districts by the people of each district.
"Against ratification of amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Wheeler County from militia districts by the people of each district."
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 such amendment shall be ratified as provided in said Paragraph of the Constitution, it 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 Allen Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Blackburn Blalock Bloodworth Boggus Bolton Brown Caldwell Callier Campbell Carlisle Chambers Cheatham Cheek Clary
Cloud Cocke Coker of Cherokee Cornelius Cowart Coxwell Deal Deen Denson Drinkard Duke Duncan Eyler Fain Floyd Fordham Foster Fowler of Douglas Fowler of Tift Frier Garrard Gilleland
Gillis Goodson Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter Hall Harris Harrison of Wayne Hawkins Henderson Hogan Holley Houston Huddleston Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer
620
JOURNAL OF THE HOUSE,
Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Lam Land Lavender Lindsey Lokey Long Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McWhorter
Mincy Mobley Moore Moorman Murphy of Haralson Murr Musgrove Nightingale
Nilan Odom Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton
Potts Ramsey Raulerson Ray Reed Rodgers Roughton Rowland Ruark Russell Sanders Sheffield Short
Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tarpley Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wright Young
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 158, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 61-21lb. By Mr. Ramsey of Effingham:
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 Effingham County by the people; to provide for the procedure connected therewith; to provide for the date of elections; 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:
SECTION 1. Article VIII, Section V, Paragraph I of the Constitution, relating
THURSDAY, FEBRUARY 10, 1955
621
to county boards of education, is hereby amended by adding at the end thereof the following:
"The County Board of Education of Effingham County shall be composed of five members who shall be elected by the people of said county. The board shall be composed of a resident of each militia district of Effingham County. One member of the board shall be elected from each of the five militia districts by the voters of Effingham County. In order to be eligible for membership on said board, a person must be a freeholder, at least thirty years of age, of good moral character and eligible for elections to the General Assembly, and shall have lived in Effingham County for five continuous years immediately preceding the date of the election.
"Not less than five nor more than ten days after the date of ratification of this amendment, the Ordinary of Effingham 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. It shall be the duty of the Ordinary to publish the date of the election, the purpose thereof, and a brief description of the voting procedure once a week for the two weeks immediately preceding the date thereof in the official organ of Effingham County. The five persons elected at said election shall take office January 1, 1957 and their terms shall expire December 31, 1960. 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 terms 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 Board of Education of Effingham County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1956, and the terms of office of all members of such board shall expire on such date. After the ratification of this amendment, the Grand Jury of Effingham County shall appoint no new members to the board, but the term of any member serving at the time this amendment is ratified is hereby extended to December 31, 1956, even though such term would have expired prior to that date.
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. Such proposed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
622
JOURNAL OF THE HOUSE,
"For ratification of amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Effingham 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 Effingham 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 such amendment shall be ratified as provided in said Paragraph of the Constitution, it 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 Allen Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Blackburn Blalock Bloodworth Boggus Bolton Brown Caldwell Callier Campbell Carlisle Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Cornelius Cowart
Coxwell Deal Deen Denson Drinkard Duke Duncan Eyler Fain Floyd Fordham Foster Fowler of Douglas Fowler of Tift Frier Garrard Gilleland Gillis Goodson Green of Rabun
Greene of Crisp Groover Gross of Stephens Gunter Hall Harris Harrison of Wayne
Hawkins Henderson Hogan Holley Houston Huddleston Hudson lvey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Key Kilgore
Killian King of Whitfield King of Chattahoochee King of Pike Lam Land Lavender Lindsey
THURSDAY, FEBRUARY 10, 1955
623
Lokey Long
Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McWhorter Mincy Mobley Moore Moorman Murphy of Haralson Murr Musgrove Nightingale Nilan Odom
Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray Reed Rodgers Roughton Rowland Ruark Russell Sanders Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton
Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tarpley Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wright Young
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 158, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 66-235c. By Mr. Clary of McDuffie:
A RESOLUTION
Proposing an Amendment to the Constitution so as to provide for the election of members of the Board of Education of McDuffie County by the people; to provide that the Board elect the County School Superintendent; to prescribe the procedure connected with the foregoing; 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:
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 McDuffie County shall be composed of five members, to be elected as hereinafter provided. For the purposes
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JOURNAL OF THE HOUSE,
of electing the members, McDuffie County is hereby divided into two Education Districts. Education District number one shall be composed of Militia District number 133 (Dearing). Education District number two shall be composed of Militia District number 152 (Mount Auburn), Militia District number 132 (Republican), Militia District number 134 (Thomson) and Militia District number 274 (Wrightsboro). Two members of the Board shall be elected from Education District number one and three members of the Board shall be elected from Education District number two. The members of the Board shall be elected only by the voters of the District which the member is to represent. Any person offering as a candidate to represent an Education District on the Board must reside in the District from which he offers. No person who resides in any part of McDuffie County embraced within the territory of an independent school system shall be eligible for election as a member of the Board, nor may any such person be eligible to vote in the election to elect members of the Board. In order to be eligible for membership on the Board, a person must be at least 25 years of age; must be qualified and registered to vote for members of the General Assembly and must have lived in McDuffie County for the two years immediately preceding the date of the election. In the event this Amendment is ratified, it shall be the duty of the Ordinary of McDuffie County to issue the call for an election, and he shall set the date for such election for a day between the fifteenth and twentieth days of December 1956. Such election shall be for the purpose of electing the members of the Board of Education of McDuffie County created under this Amendment, and it shall be the duty of the Ordinary to publish the date of the election, the purposes thereof, and a brief description of the voting procedure by Districts, at least once preceding the date thereof in the official organ of McDuffie County. All the members elected at such election shall take office January 1, 1957. Such members and all future members shall serve for a term of four years and until their successors are elected and qualified. All future elections shall be held on the second Tuesday in November and the persons elected will take office the following January 1. In case of a vacancy on said Board for any cause, other than expiration of a term of office, the remaining members of the Board shall elect a person who shall serve for the unexpired term.
The Board of Education of McDuffie County in effect at the time of the ratification of this Amendment shall be abolished effective December 31, 1956 and the terms of office of all members of such Board shall expire on such date.
The Board of Education created herein shall on or before January 10, 1957 elect a County School Superintendent of McDuffie County, who shall serve at the pleasure of the Board. The term of office of the County School Superintendent serving at the time of the ratification of this Amendment is hereby extended until such time as the Board elects a Superintendent as provided hereinbefore. The County School Superintendent shall no longer be elected by the people of McDuffie County, but shall be elected by the Board of Education.
The County Board of Education as provided herein shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education and the County Superintendent of Schools as provided herein shall be subject to all constitutional pro-
THURSDAY, FEBRUARY 10, 1955
625
VISions and statutory provisions relative to county superintendents of schools, unless in conflict with the provisions of 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. Such proposed amendment shall be submitted as provided in said Paragraph.
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 McDuffie 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 McDuffie 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 such amendment shall be ratified as provided in said Paragraph of the Constitution, it 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 Allen Bagby Barber of Colquitt
Barber of Jackson
Baughman Bentley Birdsong
Blackburn Blalock Bloodworth Boggus
Bolton Brown Caldwell Callier
Campbell Carlisle Chambers Cheatham Cheek Clary Cloud Cocke
626
JOURNAL OF THE HOUSE,
Coker of Cherokee Cornelius Cowart Coxwell Deal Deen Denson Drinkard Duke Duncan Eyler Fain Floyd Fordham Foster Fowler of Douglas Fowler of Tift Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter Hall Harris Harrison of Wayne Hawkins Henderson Hogan Holley Houston Huddleston Hudson lvey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter
Jordan Kelley Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Lam Land Lavender Lindsey Lokey Long Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McWhorter Mincy Mobley Moore Moorman Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia
Phillips of Walton Potts Ramsey Raulerson Ray Reed Rodgers Roughton Rowland Ruark Russell Sanders Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tarpley Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Williams Willingham Willis
Wilson of Towns Wilson of Peach Wright Young
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 158, nays 0.
The resolution having received the requisite two-thirds constitutional majority, was adopted.
THURSDAY, FEBRUARY 10, 1955
627
HR 70-266a. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A RESOLUTION
To propose an amendment to Article VII, Section IV, Paragraph II, of the Constitution of Georgia of 1945 to provide that the General Assembly may grant to the governing authority of Chatham County the right to provide for the construction and maintenance of streets, sidewalks and curbing within any subdivision of the county located outside the corporate limits of any municipality where the lots have been subdivided with frontages of 150 feet or less and to assess the cost thereof pro rata against the property owners, provided the owners of 51% of the property abutting such improvements shall consent thereto, and to provide for the issuance and enforcement of execution for the collection of such assessments and for the creation of liens thereby against such abutting property; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section IV, Paragraph II of the Constitution of Georgia of 1945 is hereby amended by adding thereto the following:
"The General Assembly of Georgia may grant to the governing authority of Chatham County the right to provide for the construction and maintenance of streets, sidewalks and curbing within any subdivision of the County located outside the corporate limits of any municipality where the lots have been subdivided with frontages of 150 feet or less, and to assess the costs thereof pro rata against the abutting property owners, provided the owners of 51 o/o of the property abutting such improvements shall consent thereto, and to provide for the issuance and enforcement of execution for the collection of such assessments and for the creation of liens thereby against such abutting property."
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. Such proposed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For the ratification of the amendment to Article VII, Section IV, Paragraph II, of the Constitution authorizing the General Assembly to permit the governing authority of Chatham County to make street improvements in subdivisions and assess the cost with approval of the owners of 51 '7o of the property affected.
"Against the ratification of the amendment to Article VII, Section IV, Paragraph II, of the Constitution authorizing the General Assem-
628
JOURNAL OF THE HOUSE,
bly to permit the governing authority of Chatham County to make street improvements in subdivisions and assess the cost with approval of the owners of 51 o/o of the property affected."
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 such amendment shall be ratified as provided in said Paragraph of the Constitution, it 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 Allen Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Blackburn Blalock Bloodworth Boggus Bolton Brown Caldwell Callier Campbell Carlisle Chambers Cheatham Cheek Clary
Cloud Cocke Coker of Cherokee Cornelius Cowart Coxwell Deal Deen Denson
Drinkard Duke Duncan Eyler Fain Floyd Fordham Foster Fowler of Douglas Fowler of Tift Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter Hall Harris Harrison of Wayne Hawkins Henderson Hogan Holley Houston Huddleston Hudson Ivey
Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Lam Land Lavender Lindsey Lokey Long Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin
THURSDAY, FEBRUARY 10, 1955
629
McCracken McGarity McKelvey McWhorter Mincy Mobley
Moore Moorman Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton
Potts Ramsey
Raulerson Ray
Reed Rodgers Roughton Rowland Ruark Russell Sanders Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion
Strickland Stripling Tamplin Tarpley Todd Turk Twitty
Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wright Young
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 158, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 77-266h. By Messrs. Pickard, Young and Nilan of Muscogee:
A RESOLUTION
To propose to the qualified voters of Muscogee County, Georgia, an amendment to Article 7, Section 1, Paragraph 4 of the Constitution of the State of Georgia, by which the homestead tax exemption authorized therein would not apply to any tax levied by Muscogee County, Georgia, for the purpose of affording fire protection within said county.
SECTION 1.
Be it resolved by the General Assembly of the State of Georgia that Article 7, Section 1, Paragraph 4 of the Constitution of the State of Georgia be amended by adding thereto the following language:
"The homestead exemption herein provided for shall not apply to any tax levied by Muscogee County, Georgia, for the purpose of affording fire protection within 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
630
JOURNAL OF THE HOUSE,
the branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor shall cause such proposed amendment to be published as provided in Article 13, Section 1, Paragraph 1 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 7, Section 1, Paragraph 4 of the Constitution so as to provide that the homestead tax exemption shall not apply to any tax levied by Muscogee County, Georgia, for the purpose of affording fire protection within said county." "Against ratification of amendment to Article 7, Section 1, Paragraph 4 of the Constitution so as to provide that the homestead tax exemption shall not apply to any tax levied by Muscogee County, Georgia, for the purpose of affording fire protection within said county."
All qualified electors desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all qualified electors 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 Article 7, Section 1, Paragraph 4 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 Allen Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Blackburn Blalock Bloodworth Boggus Bolton
Brown Caldwell Callier Campbell Carlisle Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Cornelius
Cowart Coxwell Deal Deen Denson Drinkard Duke Duncan Eyler Fain Floyd Fordham Foster
THURSDAY, FEBRUARY 10, 1955
631
Fowler of Douglas Fowler of Tift Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter Hall Harris Harrison of Wayne Hawkins Henderson Hogan Holley Houston Huddleston Hudson lvey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Lam Land
Lavender Lindsey Lokey Long Lowe Mackay Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McWhorter Mincy Mobley Moore Moorman Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray
Reed Rodgers Roughton Rowland Ruark Russell Sanders Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tarpley Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wright Young
By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 158, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 78-274a. By Messrs. Watson and Denson of Dougherty:
A RESOLUTION
Proposing an amendment to Article VII, Section IV, Paragraph II of the Constitution of Georgia, so as to provide for the establishment of fire protection districts in Dougherty County outside municipalities
632
JOURNAL OF THE HOUSE,
by the governing authority of Dougherty County; to authorize the governing authority of Dougherty County to contract with municipalities for the furnishing of such fire protection; to provide for the levy of a tax to defray the cost of fire protection for the fire districts; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section IV, Paragraph II of the Constitution of Georgia, relating to the districting of counties, is hereby amended by adding at the end thereof the following:
"The governing authority of the County of Dougherty is hereby given the authority to district areas outside of municipalities in said county for fire protection purposes and to contract with municipal corporations to furnish fire protection to such districts provided that in the event such districts are formed, the governing authority of Dougherty County shall levy a tax upon the property located within such fire districts sufficient to defray all cost of fire protection to such districts."
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. Such proposed amendment shall be submitted as provided in said Paragraph:
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
"For ratification of amendment to authorize the governing authorities of Dougherty County to district areas outside municipal corporations; to levy a tax to defray the cost of fire protection; and to authorize the governing authority of Dougherty County to contract with municipal corporations to furnish fire protection to the fire protection districts."
"Against ratification of amendment to authorize the governing authority of Dougherty County to district areas outside municipal corporations; to levy a tax to defray the cost of fire protection; and to authorize the governing authority of Dougherty County to contract with municipal corporations to furnish fire protection to the fire protection 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 such amendment shall be ratified as provided in said Paragraph
THURSDAY, FEBRUARY 10, 1955
633
of the Constitution it 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 Allen Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Blackburn Blalock Bloodworth Boggus Bolton Brown Caldwell Callier Campbell Carlisle Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Cornelius Cowart Coxwell Deal Deen Denson Drinkard Duke Duncan Eyler Fain Floyd Fordham Foster Fowler of Douglas
Fowler of Tift Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter Hall Harris Harrison of Wayne Hawkins Henderson Hogan Holley Houston Huddleston Hudson lvey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Lam Land Lavender
Lindsey Lokey Long
Lowe Mackay Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McWhorter Mincy Mobley Moore Moorman Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Parker Peacock Pelham Perkins Peters Pettey Phillips of Cofumbfa. Phillips of Walton Potts Ramsey Raulerson Ray Reed
634
JOURNAL OF THE HOUSE,
Rodgers Roughton Rowland Ruark Russell Sanders Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton
Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tarpley Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wright Young
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 158, nays 0.
The resolution having received the requisite two-thirds constitutional majority, was adopted.
HR 82-297b. By Messrs. Chambers, Holley and Sanders of Richmond:
A RESOLUTION
To propose an amendment to Article VII, Section 4, Paragraph 2 of the Constitution of Georgia, 1945, relative to the districting of counties, as amended by a constitutional amendment found in Georgia Laws 1952, p. 489, so as to change the area of Richmond County to which said 1952 amendment is applicable; to provide for the submission o.f this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section 4, Paragraph 2 of the Constitution of Georgia of 1945 relative to the districting of counties, as amended by a constitutional amendment found in Georgia Laws 1952, p. 489, is hereby amended by striking from the language added by the aforesaid 1952 amendment the words and figure "one hundred fifty (150)'' and inserting in lieu thereof the words and figure "three hundred and fifty (350)" so that when so amended the language added by the aforesaid 1952 amendment shall read as follows:
"The General Assembly may grant to the governing authority of Richmond County the right to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the costs thereof pro rata against the abutting property owners, provided the owners of 75'/o of the property abutting such improvements shall consent thereto and to provide for the issuance and enforcement of execution for the collection of such assessments and for the creation of liens thereby against such abutting property." Provided, however, that any Act of the General Assembly
THURSDAY, FEBRUARY 10, 1955
635
adopted pursuant thereto shall restrict the authority to those areas of said county where the property has been subdivided into lots having three hundred and fifty (350) feet of street frontage or less."
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. Such proposed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VII, Section 4, Paragraph 2 of the Constitution, as amended, authorizing the General Assembly to permit the governing authorities of Richmond County to construct streets, and other public improvements and assess the costs against the abutting property owners in areas of said county where property has been subdivided into lots having three hundred and fifty (350) feet street frontage or less."
"Against ratification of amendment to Article VII, Section 4, Paragraph 2 of the Constitution, as amended, authorizing the General Assembly to permit the governing authorities of Richmond County to construct streets, and other public improvements and assess the costs against the abutting property owners in areas of said county where property has been subdivided into lots having three hundred and fifty (350) feet street frontage or less."
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 such amendment shall be ratified as provided in said Paragraph of the Constitution, it 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.:
636
JOURNAL OF THE HOUSE,
Adams Allen Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Blackburn Blalock Bloodworth Boggus Bolton Brown Caldwell Callier Campbell Carlisle Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Cornelius Cowart Coxwell Deal Deen Denson Drinkard Duke Duncan Eyler Fain Floyd Fordham Foster Fowler of Douglas Fowler of Tift Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter Hall Harris
Harrison of Wayne Hawkins Henderson Hogan Holley Houston Huddleston Hudson lvey Jackson Jessup Johnson of Jenkins .Tohnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Lam Land Lavender Lindsey Lokey Long Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McWhorter Mincy Mobley Moore Moorman Murphy of Haralson Murr Musgrove Nightingale Nilan
Odom Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray Reed Rodgers Roughton Rowland Ruark Russell Sanders Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tarpley Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Williams Willingham Willis
Wilson of Towns Wilson of Peach Wright Young
By unanimous consent, verification of the roll call was dispensed with.
THURSDAY, FEBRUARY 10, 1955
637
On the adoption of the resolution, the ayes were 158, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 24-56a. By Mr. Henderson of Atkinson:
A RESOLUTION.
Proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution of Georgia so as to strike the words "and any future" and "that may be incurred" from the amendment enabling the County of Atkinson to issue refunding bonds without a vote of the people to meet the present and any future indebtedness that may be incurred; to provide for advertising and submission; and for other related purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
That Article VII, Section VII, Paragraph I of the Constitution is hereby amended by striking the words "and any future" and "that may be incurred" from the amendment (Ga. Laws 1951, p. 831) approved at the General Election of 1952 that enabled the County of Atkinson to issue refunding bonds without a vote of the people to meet present and future indebtedness that may be incurred so that said Paragraph shall read:
"And except that the County of Atkinson be and the same is hereby authorized and empowered to issue refunding bonds to be issued by the proper authorities of the county without a vote of the people to meet present indebtedness."
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. Such proposed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VII, Section VII, Paragraph I of the Constitution of Georgia so as to authorize Atkinson County to issue refunding bonds for present indebtedness."
"Against ratification of amendment to Article VII, Section VII, Paragraph I of the Constitution of Georgia so as to authorize Atkinson County to issue refunding bonds for present indebtedeness."
All persons desiring to vote in favor of adopting the proposed
638
JOURNAL OF THE HOUSE,
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 such amendment shall be ratified as provided in said Paragraph of the Constitution, it 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 Allen Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Blackburn Blalock Bloodworth Boggus Bolton Brown Caldwell Callier Campbell Carlisle Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Cornelius Cowart Coxwell Deal Deen Denson Drinkard
Duke
Duncan Eyler
Fain Floyd Fordham Foster Fowler of Douglas Fowler of Tift Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter Hall Harris Harrison of Wayne Hawkins Henderson Hogan Holley Houston Huddleston Hudson lvey Jackson Jessup Johnson of Jenkins Johnson of Gilmer
Jones of Lumpkin
Jones of Laurens
Jones of Sumter Jordan
Kelley Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Lam Land Lavender Lindsey Lokey Long Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCrack-en McGarity McKelvey McWhorter
Mincy Mobley Moore Moorman Murphy of Haralson
Murr
Musgrove Nightingale
THURSDAY, FEBRUARY 10, 1955
639
Nilan Odom Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray Reed Rodgers Roughton Rowland
Ruark Russell Sanders Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tarpley
Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wright Young
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 158, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
SR 20. By Senator Dews 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 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:
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.
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JOURNAL OF THE HOUSE,
"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 of 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; and 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 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 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
THURSDAY, FEBRUARY 10, 1955
641
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.
T~e 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 Allen Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Blackburn Blalock Bloodworth Boggus Bolton Brown Caldwell Callier Campbell Carlisle Chambers Cheatham
Cheek Clary Cloud Cocke Coker of Cherokee Cornelius Cowart Coxwell Deal Deen Denson Drinkard Duke Duncan Eyler Fain Floyd Fordham Foster Fowler of Douglas
Fowler of Tift Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter Hall Harris Harrison of Wayne Hawkins Henderson Hogan Holley Houston Huddleston
642
JOURNAL OF THE HOUSE,
Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Lam Land Lavender Lindsey Lokey Long Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin
McCracken McGarity McKelvey McWhorter Mincy Mobley Moore Moorman Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray
Reed Rodgers Roughton Rowland Ruark Russell Sanders
Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tarpley Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wright Young
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 158, nays 0.
The resolution having received the requisite two-thirds constitutional majority, was adopted.
SB 23. By Senator Florence of the 39th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election for members of the Board of Education of Douglas County by the people; to prescribe the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR~ GIA:
SECTION 1. Article VIII, Section V, Paragraph 1 of the Con-
THURSDAY, FEBRUARY 10, 1955
643
stitution, relating to County Boards of Education, is hereby amended
by adding at the end thereof the following:
"The Board of Education of Douglas County shall be composed of five members, to be elected as hereinafter provided. For the purpose of electing the members, Douglas County is hereby divided into five Education Districts. Education District number one shall be composed of Militia District number 730 (Douglasville) and Militia District number 736 (Chapel Hill). Education District number two shall be composed of Militia District number 1273 (Salt Springs, better known as Lithia Springs). Education District number three shall be composed of Militia District number 784 (Chestnut Log). Education District number four shall be composed of Militia District number 1259 (Conners) and Militia District number 1271 (Middle). Education District number five shall be composed of Militia District 1260 (Fairplay) and Militia District number 1272 (Crombies). The members of the Board shall be elected only by the voters of the District which the member is to represent. Any person offering as a candidate to represent an Education District on the Board must reside in the District from which he offers. No person who resides in any part of Douglas County embraced within the territory of an independent school system shall be eligible for election as a member of the Board, nor may any such person be eligible to vote in any election to elect members of the Board. No person shall be eligible for membership on the Board unless he has resided in the district from which he offers as a candidate for at least two months immediately preceding the election. Each member of the Board shall receive $10.00 per diem for each meeting. In the event this amendment is ratified, it shall be the duty of the Ordinary of Douglas County to issue the call for an election and he shall set the date for such election for a day between the 15th and 20th days of December, 1956. Such election shall be for the purpose of electing the members of the Board of Education of Douglas County created under this amendment, and 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 by districts at least once preceding the date of the election in the official organ of Douglas County. The members elected at such election shall take office January 1, 1957. Such members and and future members shall serve for a term of four years and until their successors are elected and qualified. All future elections shall be held quadrienially on the same day that county officials are elected, and the persons elected shall take office the following January 1. In case of a vacancy on the Board for any cause other than expiration of a term of office, the remaining members of the Board shall elect a person who shall serve for the unexpired term.
The Board of Education of Douglas County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1956, and the terms of office of all members of such Board shall expire on such date.
The County Board of Education as provided herein shall be subject to all constitutional provisions and all statutory provisions relative to County Boards of Education, unless such provisions are in conflict with the provisions of this amendment."
644
JOURNAL OF THE HOUSE,
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. Such proposed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of the amendment to the Constitution so as to provide for the election of the members of the Board of Education of Douglas County by the people.
"Against ratification of the amendment to the Constitution so as to provide for the election of the members of the Board of Education of Douglas 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 such amendment shall be ratified as provided in said Paragraph of the Constitution, it 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 Allen Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Blackburn Blalock Bloodworth Boggus
Bolton Brown Caldwell
Callier Campbell Carlisle Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Cornelius Cowart Coxwell Deal Deen
Denson Drinkard Duke Duncan Eyler Fain Floyd Fordham Foster Fowler of Douglas Fowler of Tift Frier Garrard Gilleland Gillis
THURSDAY, FEBRUARY 10, 1955
645
Goodson Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter Hall Harris Harrison of Wayne Hawkins Henderson Hogan Holley Houston Huddleston Hudson lvey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Key Kilgore Killian King of Whitfield King of Chattahoochee King of Pike Lam Land Lavender Lindsey Lokey Long
Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McWhorter Mincy Mobley Moore Moorman Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray Reed Rodgers
Roughton Rowland Ruark Russell Sanders Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tarpley
Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wright Young
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 158, 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 consideration and read the third time:
HB 280. By Messrs. Scoggin of Floyd, Campbell of Walker and others:
A Bill to be entitled an Act to amend an Act providing retirement benfits for Ordinaries, and for other purposes.
646
JOURNAL OF THE HOUSE,
Mr. Scoggin of Floyd moved the previous question and the call was sustained.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 10.
The bill having received the requisite constitutional majority, was passed.
HB 281. By Messrs. Nightingale of Glynn, Wright of Floyd and others: A Bill to be entitled an Act to amend the Code relating to discovery at law, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, nays 0.
The bill having received the requisite constitutional majority, was passed.
By unanimous consent, the Clerk was directed to correct certain typographical errors appearing in HB 281.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 28. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to provide for the compensation of certain officers of Liberty County, and for other purposes.
The following Senate amendment was read:
Senator Warnell of the 2nd moves to amend HB 28 by striking Section 3 in its entirety and in lieu thereof inserting the following: "Section 3. The Clerk of the Superior Court of Liberty County shall have a deputy, who may be one and the same person as his secretary, who shall qualify as provided in Code Section 24-2713 and who shall have the powers as stated in said section, and such deputy clerk shall be paid monthly a salary to be determined by the County Commissioners of Liberty County from the funds of Liberty County."
Mr. Denmark of Liberty 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 28 was agreed to.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
THURSDAY, FEBRUARY 10, 1955
647
HB 355. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act relating to the Board of Commissioners of Roads and Revenue of Chattooga County, and for other purposes.
The following Senate substitute was read:
AN ACT
To amend an Act creating a Board of Commissioners of Roads and Revenue of Chattooga County approved March 18, 1933 (Ga. L. 1933, p. 439) as amended particularly by an Act approved March 28, 1935 (Ga. L. 1935, p. 605) and an Act approved March 26, 1947 (Ga. L. 1947, p. 832), so as to provide for the sale of county property by competitive sealed bids; to provide for the advertisement of bids; to provide for the retention of bids; to provide that it shall be unlawful for any member of the board or the clerk of the board or the warden of the public works camp 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 the purchase of any equipment, material, or supplies for the county; to provide that it shall be unlawful for any member of the board or the clerk of the board or the warden of the public works camp, or said other persons to sell or buy from certain persons; to provide for said purchases by sealed competitive bids; to provide for inventories of property, material, supplies and equipment of the public works camp; to provide for an audit; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR-
GIA:
SECTION 1.
An Act creating a Board of Commissioners of Roads and Revenue of Chattooga County approved March 18, 1933 (Ga. L. 1933, p. 439), as amended particularly by an Act approved March 28, 1935 (Ga. L. 1935, p. 605), and an Act approved March 26, 1947 (Ga. L. 1947, p. 832) , is hereby amended by adding a new section to be known as Section 7 to read as follows:
"Section 7. It shall be unlawful for the Board of Commissioners or any member thereof or the clerk of the Board or the Warden of the Public Works Camp to sell any county property, real or personal, except by competitive sealed bids after advertisement for such bids in the official organ of Chattooga County once a week for two consecutive weeks. Such advertisement shall give a complete description of the property being offered for sale. Such advertisement shall be placed with the official organ by the Board. The highest of such bids submitted must be accepted. A file of all bids received shall be retained for a period of two years by the Clerk of the Board and shall be open to the public for inspection at any time within such two year period."
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JOURNAL OF THE HOUSE,
SECTION 2.
Said Act is further amended by adding a new section to be known as Section 8 to read as follows:
"Section 8. It shall be unlawful for any member of the Board of Commissioners or the Clerk of the Board or the Warden of the Public Works Camp 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 by the county."
SECTION 3.
Said Act is further amended by adding a new section to be known as Section 9 to read as follows:
"Section 9. It shall be unlawful for any member of the Board or any person related to any member of the Board within the first degree according to canon law, or the Clerk of the Board, or the Warden of the Public Works Camp, or any firm, partnership, or corporation in which any of such persons may be an officer or be employed or in which such person has a financial interest to buy from or sell to Chattooga County any article or thing of any kind whatsoever."
SECTION 4.
Said Act is further amended by adding a new section to be known as Section 10 to read as follows:
"Section 10. All purchases in excess of fifty ($50) dollars, including supplies, materials, equipment, road machinery, food and clothing, shall be made upon a sealed competitive bid, and to this end it shall be the duty of the said Board thereof to prepare quarterly an estimate of the county's needs and requirements covering the next quarter and to have such estimate published in the official organ of the county, for which publication the legal rates of advertising shall be paid. The aforesaid estimate of said requirements shall be divided into commodity divisions, and bids shall be requested thereupon. Said advertisements shall state the date and place of the opening of said bids and the letting of said contract. All of said bids shall be received under seal and all bids received under seal shall not be opened until the specified time and place. At said time and place, said bills so received shall be opened, and thereafter filed for two years in the office of the Board of Commissioners of Roads and Revenues for public inspection. The contract for said supplies, material, equipment, road machinery, food and clothing shall be purchased from said lowest bidder. Provided, that if, because of any loss, accident, emergency or cause not foreseen before the same arises, said county shall need to repair any road equipment or trucks, not at any time exceeding in cost two hundred fifty ($250) dollars, per truck, and one thousand ($1,000) dollars for heavy road equipment, the same may be repaired without advertising for bids for furnishing the same, but in every
THURSDAY, FEBRUARY 10, 1955
649
case, upon approval of the Chairman of the Board of Commissioners of Roads and Revenue of Chattooga County. The same shall be repaired as cheaply as possible under the circumstances and shall subsequently be approved by a majority of the Board."
SECTION 5.
Said Act is further amended by striking Section 11 A in its entirety and inserting in lieu thereof a new Section llA to read as follows:
"Section llA. It shall be the duty of the Board of Commissioners of Roads and Revenue of Chattooga County to maintain an accurate running table of all property, material, supplies, and equipment of the Chattooga County Public Works Camp, by an inventory itemizing losses of property and the sale and purchases of all property and the same shall be taken by a designated county employee or by the members of the Board of Commissioners, and the Board shall submit a copy of the inventory each year to the first meeting of the Grand Jury; provided that the initial inventory shall be made by the Chairman of the Board of Roads and Revenue of Chattooga County by April 15, 1955. It shall be the duty of the Board of Commissioners of Roads and Revenue of Chattooga County to have an annual audit made of all receipts and disbursements of and the financial condition of the Board of Commissioners of Roads and Revenue of Chattooga County by an independent auditing firm, a certified copy of which audit shall be presented annually to the first Grand Jury convening after said audit, and a summary of said audit report of the Board of Commissioners of Roads and Revenue shall be published immediately after the end of the term of such Grand Jury in the official organ of Chattooga County."
SECTION 6.
Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. Be it further enacted by the authority aforesaid, that any member of the Board of Commissioners of Roads and Revenue of said county, the Clerk of the Board or the Warden of the Public Works Camp, who shall knowingly violate any of the provisions of this Act shall be guilty of a misdemeanor. Further, that should the said person be a member of the Board of Commissioners of Roads and Revenue, then upon the petition of any citizen of said county to the judge of the superior court of said county to declare the office of any member of the Board of Commissioners of Roads and Revenue vacant on account of the violation of any of the provisions of this Act, the same shall be done upon the fact of said violation being made to appear, after reasonable opportunity being afforded to such accused Board member to offer evidence in his own behalf, to be confronted by the witnesses against himself, to cross examine them, and to have and enjoy the right of trial by jury as afforded to citizens of this State when property rights are involved.
"Should an office of any of the members of the Board of Commissioners of Roads and Revenue be declared vacant in accordance with the foregoing, then it shall be the duty of the Ordinary of
650
JOURNAL OF THE HOUSE,
said county to hold a special election within thirty days to elect a successor to such person so removed, and such person so removed shall be ineligible for a period of four years thereafter from being elected a member of said Board of Commissioners of Roads and Revenue of said County."
SECTION 7.
All laws and parts of laws in conflict with this Act are hereby repealed.
GEORGIA FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul B. Weems and James H. Floyd, who, on oath, deposes and says that they are the duly elected Representatives of Chattooga County, and that the attached copy of notice of intention to introduce local legislation was published in the Summerville News, which is the official organ of Chattooga County, on the following dates: January 13, 20 and 27th, 1955.
Paul B. Weems /s/ Paul B. Weems
James H. Floyd /s/ James H. Floyd
Representatives
Sworn to and subscribed before me this the 31 day of January, 1955. /s/ Joe N. Burton Notary Public, Wilkes County, Georgia My Commission expires Nov. 22, 1954.
(Seal affixed)
LEGAL NOTICE
Notice is hereby given an application will be made at the next session of the General Assembly for the passage for the following local Bills:
An Act to amend an Act approved March 18, 1933, Georgia Laws, 1933 page 439 through page 445, creating the County Board of Commissioners of the County of Chattooga and to repeal an Act approved March 26, 1947, amending the act approved March 18, 1933, and for other purposes.
This 7th day of January, 1955.
PAUL B. WEEMS JAMES H. FLOYD
Mr. Floyd of Chattooga 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 355 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:
THURSDAY, FEBRUARY 10, 1955
651
HB 141. By Messrs. McKenna of Bibb, Deen of Bacon and Jackson of Jones:
A Bill to be entitled an Act to provide that no person shall operate an automobile without liability insurance, and for other purposes.
By unanimous consent, further consideration of HB 141 was postponed until Monday, February 14, 1955, immediately following the period of unanimous consents.
HB 145. By Messrs. Ray of Warren, Garrard of Wilkes and others:
A Bill to be entitled the Structural Pest Control Act, and for other purposes.
By unanimous consent, further consideration of HB 145 was postponed until Monday, February 14, 1955, immediately following the period of unanimous consents.
HB 304. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act regulating the practice of chiropody, and for other purposes.
By unanimous consent, further consideration of HB 304 was postponed until Monday, February 14, 1955, immediately following the period of unanimous consents.
HB 282. By Messrs. Terrell and Cloud of Decatur and Perkins of Carroll:
A Bill to be entitled an Act to create the Georgia Commission for the Visually Handicapped, and for other purposes.
By unanimous consent, further consideration of HB 282 was postponed until Monday, February 14, 1955, immediately following the period of unanimous consents.
HB 407. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to require the inoculation of dogs against rabies, and for other purposes.
By unanimous consent, further consideration of HB 407 was postponed until Monday, February 14, 1955, immediately following the period of unanimous consents.
HB 377. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act so as to change the compensation of inspectors of barber and beauty shops, and for other purposes.
By unanimous consent, further consideration of HB 377 was postponed until Monday, February 14, 1955, immediately following the period of unanimous consents.
652
JOURNAL OF THE HOUSE,
HB 335. By Messrs. Willingham of Cobb, Stripling of Coweta and others:
A Bill to be entitled an Act to improve, by reciprocal legislation, the enforcement of duties of support, and for other purposes.
By unanimous consent, further consideration of HB 335 was postponed until Monday, February 14, 1955, immediately following the period of unanimous consents.
HB 418. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to provide revenue for paying pensions to firemen, and for other purposes.
By unanimous consent, further consideration of HB 418 was postponed until Monday, February 14, 1955, immediately following the period of unanimous consents.
HB 465. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to repeal an Act levying a tax on sales and use of cigars and cigarettes, and for other purposes.
By unanimous consent, further consideration of HB 465 was postponed until Monday, February 14, 1955, immediately following the period of unanimous consents.
The following Resolution of the House was read and referred to the Com-
mittee on Education # 1 :
HR 176. By Messrs. Lavender and Bodenhamer of Tift:
A Resolution providing for a joint Committee of the General Assembly to make a study of the Department of Education in regards to its distribution of funds and needs for additional funds, and for other purposes.
Mr. Harrison of Wayne moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
Mr. Jones of Lumpkin was granted a leave of absence.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.
FRIDAY, FEBRUARY 11, 1955
653
Representative Hall, Atlanta, Georgia. Friday, February 11, 1955.
The House met pursuant to adjournment this day at 10 :00 o'clock, A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Veal of Putnam, acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House. 2. First reading and reference of Bills and Resolutions. 3. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local bills and general bills with local
application. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 552. By Messrs. Hall, Wright and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act entitled An Act to abolish the offices of Tax Receiver and Tax Collector, and to create in lieu of the same the County Tax Commissioner of Floyd County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 553. By Messrs. Register of Lowndes, Raulerson of Echols and Harrell of Grady:
A Bill to be entitled an Act to amend an Act entitled An Act to provide for certified public weighers, and for other purposes.
Referred to the Committee on State of Republic.
654
JOURNAL OF THE HOUSE,
HB 554. By Mr. Sanders of Richmond:
A Bill to be entitled an Act to amend an Act entitled 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 Corporations.
HB 555. By Messrs. Perkins of Carroll, Kilgore of Gwinnett, Black of Webster, Cloud of Decatur and many others:
A Bill to be entitled an Act to prohibit the holding of athletic events, dances, and other similar activities wherein persons of the negro race and persons of the white race are permitted to participate together; and for other purposes.
Referred to the Committee on State of Republic.
HB 556. By Messrs. Chambers, Holley and Sanders of Richmond: A Bill to be entitled an Act to amend an Act entitled An Act to provide for the continued existence of the public school system of the County of Richmond, and for other puropses.
Referred to the Committee on Counties and County Matters.
HB 557. By Messrs. Foster and Blalock of Clayton: A Bill to be entitled an Act to create a charter for the City of Ellenwood in the County of Clayton, and for other purposes.
Referred to the Committee on Municipal Government.
HB 558. By Messrs. McKenna, Carlisle 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.
HR 177-558a. By Messrs. Nightingale and Killian of Glynn: A Resolution to authorize the Governor acting on behalf of the State to convey certain property to the City of Brunswick, and for other purposes.
Referred to the Committee on Public Property.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Short of Colquitt 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, FEBRUARY 11, 1955
655
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 536. Do Pass. HB 538. Do Pass. HB 541. Do Pass. HB 547. Do Pass. HR 169-550a. Do Pass.
Respectfully submitted, Short of Colquitt, 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 529. Do Pass. HB 473. Do Pass. HB 537. Do Pass. HB 512. Do Pass. HB 509. Do Pass. HB 528. Do Pass. HB 526. Do Pass. HB 516. Do Pass. HB 525. Do Pass. HB 513. Do Pass. HB 550. Do Pass. HB 523. Do Pass. HB 544. Do Pass. HB 168. Do Pass, by substitute. HB 543. Do Pass. HB 522. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.
656
JOURNAL OF THE HOUSE,
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 551. Do Pass.
Respectfully submitted,
Drinkard of Lincoln,
Chairman.
Mr. Blalock of Clayton 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 460. Do Pass.
HB 517. Do Pass.
HB 539. Do Pass.
Respectfully submitted,
Blalock of Clayton,
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 10. By Senator Hollis of the 24th:
A Bill to be entitled an Act to amend an Act entitled an Act authorizing the chartering and empowering of corporations, so as to remove the necessity for the publication of matters relative to certain corporations; and for other purposes.
SB 73. By Senator Lovett of the 16th:
A Bill to amend the Act creating a new charter for the City of Dublin so as to establish a water, light and gas commission; and for other purposes.
FRIDAY, FEBRUARY 11, 1955
657
SB 78. By Senator Neel of the 7th:
A Bill to be entitled an Act to amend the Act providing a complete and comprehensive Vital Statistics Law of Georgia so as to provide that the residence of the foster parents shall be inserted on the substitute birth certificate in place of the actual place of birth of the adopted person; and for other purposes.
SB 81. By Senator Hollis of the 24th:
A Bill to be entitled an Act to provide for the gift of securities to minors, to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
SB 88. By Senator Overby of the 33rd:
A Bill to be entitled an Act to repeal Section 44-303 of the Code of Georgia of 1933 relating to suspension of the return of fugitives from justice under prosecution in this state; to amend an Act known as the "Uniform Criminal Extradition Act" by providing that the Governor may in his discretion surrender such fugitives in certain instances and under certain conditions; to amend Section 5 of said Act by correcting a typographical error therein; and for other purposes.
SB 89. By Senators Overby of the 33rd, Waters of the 41st, Millican of the 52nd and others:
A Bill to be entitled an Act to prohibit the throwing or depositing of trash, garbage, or other substance upon the public roads or public property of this state; to provide for the erection of signs warning of penalty for violation; to provide a penalty for violation; to repeal conflicting laws; and for other purposes.
SB 92. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Act repealing all laws passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park; to prescribe its limits; and for other purposes.
SB 94. By Senator Millican of the 52nd:
A Bill to be entitled an Act to authorize the governing authorities of cities having a population of more than 300,000, according to the last or any future Federal Decennial Census, to regulate barber shops and beauty parlors; to repeal conflicting laws; and for other purposes.
SB 97. By Senator Ricketson of the 19th:
A Bill to amend an Act to create and incorporate the City of Warrenton, so as to correct the inaccuracies in the amendment of February 25, 1949 extending the territorial limits of the City of Warrenton; and for other purposes.
658
JOURNAL OF THE HOUSE,
SB 105. By Senator Raulerson of the 46th, Senator Ponsell of the 5th and Senator Strickland of the 3rd:
A Bill to be entitled an Act to amend an Act approved August 20, 1917 (Ga. L. 1917, p. 299) which provided a salary for the Solicitor-General of the Waycross Judicial Circuit as amended, particularly by an Act approved February 11, 1949, (Ga. L. 1949, p. 533), so as to increase the compensation of the Solicitor-General; to provide the proportion of the compensation to be paid by each of the several counties; to repeal conflicting laws; and for other purposes.
SB 106. By Senator Morris of the 15th, Senator Raulerson of the 46th and Wetherington of the 6th and others :
A Bill to be entitled an Act governing and regulating the use of the public roads and highways of the State, according to recommendations of the Highway Transport Committee of the American Association of State Highway Officials and the United States Bureau of Public Roads; to provide for weights of loads; and for other purposes.
SB 108. By Senator Florence of the 39th:
A Bill to be entitled an Act to amend the Act creating a three member Board of Commissioners of Roads and Revenues for Douglas County so as to provide for the chairman to devote full time to the duties of his office; and for other purposes.
SB 109. By Senator Lovett of the 16th:
A Bill to be entitled an Act to provide that all counties in the State of Georgia having a population of not less than 33,100 and not more than 33,210, according to the 1950 census or any future census, the Commissioners of Roads and Revenue or other governing authority of such counties shall pay the actual cost for furnishing food to prisoners in lieu of paying fees to the sheriff or his appointed jailer; and for other purposes.
SB 110. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.
SB 112. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Act establishing a new charter for the City of College Park approved December 16, 1895 so as to provide for four wards; to provide for eight councilmen; and for other purposes.
SB 115. By Senator Raulerson of the 46th:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Pierce; to appoint the members of said board and provide for the election of their successors and the manner of filling vacancies; to prescribe the
FRIDAY, FEBRUARY 11, 1955
659
term of office, powers, duties and compensation of said board; to provide for the appointment of a clerk of said board; and for other purposes.
SB 116. Senators McBride of the lOth and Harrison of the 17th:
A Bill to be entitled an Act to make it unlawful for any person to employ in any capacity whatsoever a person under eighteen years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are sold or offered for sale exclusively; to provide a penalty; to repeal conflicting laws; and for other purposes.
SR 29. By Senator Neel of the 7th:
A Resolution that the State Librarian be authorized and directed to furnish to the Law Library of Thomas County.
SR 34. By Senator Morrison of the 15th:
A Resolution authorizing and directing the State Librarian to furnish to the Superior Court of Montgomery County certain volumes of law books.
HB 10. By Mr. Carlisle of Bibb:
A Bill to amend Section 9-201; Civil Code of Georgia of 1933, pertaining to the admission to the bar of this state without examination of persons licensed to practice law in a foreign state; and for other purposes.
HB 159. By Messrs. Floyd and Weems of Chattoooga, Campbell and Coker of Walker and others:
A Bill to amend an Act entitled an Act to create a new judicial circuit for the state of Georgia to be called the Lookout Judicial Circuit; and for other purposes.
HB 194. By Messrs. Mallory and Caldwell of Upson:
A Bill to repeal code chapter 88-8 relating to the control, purchase, sale and use of explosives; and for other purposes.
HB 205. By Messrs. Moate of Hancock, Groover of Bibb, Willingham of Cobb and others:
A Bill to amend an Act approved February 2, 1950, as amended, relating to the incurring of obligations by the State Highway Department; and for other purposes.
HB 239. By Mr. Sanders of Richmond:
A Bill to amend an Act entitled an Act authorizing the chartering and empowering of corporation, and amending, revising and perfecting the present corporation laws of the state; and for other purposes.
The Senate insists on its position on the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
660
JOURNAL OF THE HOUSE,
HB 234. By Messrs. Watson of Dougherty, Gunter of Hall and others:
A Bill to be entitled an Act to provide for the recording of affidavits showing facts affecting title to land; to provide for the admissibility of such affidavits in evidence; and for other purposes.
The president appointed as a Committee of Conference on the part of the Senate Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd.
The Senate has agreed to the House amendments to the following Bill of the Senate:
SB 32. By Senator Matthews of the 47th:
A Bill to regulate the opening date of tobacco auction sales within this State; to provide for a minimum length of selling seasons; and for other purposes.
The Senate has agreed to House amendments to the following Bill of the Senate:
SB 43. By Senator Overby of the 33rd:
A Bill to amend title 114 of the Code of Georgia of 1933, as amended, which title relates to workmen's compensation; relating to the amount, computation and payment of compensation; relating to medical attention and physical examinations; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 142. By Mr. Fowler of Tift: A Bill to amend an Act entitled an Act to prevent the spread of hog cholera; to prescribe the administering of hog cholera serum and virus in this state; and for other purposes.
HB 170. By Messrs. Willingham of Cobb, Groover of Bibb, H. Smith of Fulton and others: A Bill to provide that all persons seeking to obtain license tags for vehicles shall first present affidavit as a part of such application, showing payment of all ad valorem taxes; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House, favorably reported, were read the second time:
HB 473. By Mr. Kennedy of Tattnall: A Bill to be entitled an Act to amend an Act to establish a City Court of Reidsville, and for other purposes.
HB 509. By Mr. Johnson of Gilmer: A Bill to be entitled an Act to amend an Act incorporating and estab-
FRIDAY, FEBRUARY 11, 1955
661
lishing the City of East Ellijay, so as to authorize and empower said City to contract with any municipality for the purchase of water for the use, consumption and protection of the inhabitants of said city, and for other purposes.
HB 512. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act creating a charter for the City of McDonough, and for other purposes.
HB 513. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to create a charter for the City of Conley, in the County of Clayton, and for other purposes.
HB 516. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act entitled An Act to create a new Charter for the City of Marietta, and for other purposes.
HB 517. By Messrs. Groover of Bibb, Upshaw of Bartow and Cloud of Decatur:
A Bill to be entitled an Act to amend the Intangible Property Tax Act, so as to include a provision in Section 6, of Part 1 that in lieu of specifying the dates upon which such note or notes fall due, a statement may be made in the Security instrument that all such note or notes fall due within three years from the date thereof or from the date of any such instrument executed to secure the same, and for other purposes.
HB 522. By Mr. Cotton of Baker:
A Bill to be entitled an Act to amend an Act incorporating the City of Newton, and for other purposes.
HB 523. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act to incorporate the City of Hapeville, and for other purposes.
HB 525. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend an Act incorporating the town of Dudley, so as to increase the authorized rate of taxation from ten to fifteen mills; and for other purposes.
HB 526. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend the Charter of the Town of East Dublin; and for other purposes.
HB 528. By Messrs. Willingham, Reed and Bentley 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 increase the corporate limits, and for other purposes.
662
JOURNAL OF THE HOUSE,
HB 529. By Mr. Johnson of Gilmer:
A Bill to be entitled an Act to amend an Act incorporating and establishing the City of Ellijay in the County of Gilmer, so as to authorize and empower the City of Ellijay to contract with any other municipality, person, firm or corporation for the purchase of water from the said City of Ellijay, and for other purposes.
HB 536. By Mr. Love of Catoosa:
A Bill to be entitled an Act to amend an Act to create the Office of Tax Commissioner of Catoosa County; and for other purposes.
HB 537. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act incorporating and creating a new charter for the City of Jesup, so as to change the form of government of said city from the Mayor and Council to a Commissioner; and for other purposes.
HB 538. By Mr. Love of Catoosa:
A Bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenue for Catoosa County, Georgia and for other purposes.
HB 539. By Messrs. Groover of Bibb and Lokey of Fulton:
A Bill to be entitled an Act to amend the Intangible Property Tax Act of 1953, so as to specifically provide that the tax imposed by Section 4, Part 1 upon the "holders" of long term notes shall be paid by the holder-lender and that the borrower shall not be required to pay the tax by the use of any contract or other device whereby the burden of the tax is shifted to the borrower, etc., and for other purposes.
HB 541. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act entitled An Act to provide for the creation of a Board of Road and Revenue Commissioners in and for the County of Candler, and for other purposes.
HB 543. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act consolidating Act incorporating the City of East Point and creating a new charter for said city, and for other purposes.
HB 544. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to create the East Point Parking Authority which shall have perpetual succession as a public corporation and political subdivision of the State, and for other purposes.
HB 547. By Mr. Sheffield of Brooks: A Bill to be entitled an Act to amend an Act entitled An Act to create
FRIDAY, FEBRUARY 11, 1955
663
a Board of County Commissioners for Brooks County, and for other purposes.
HB 550. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to authorize the City Commissioners of the City of Griffin to close and vacate that portion of North First Street extending northerly from the north property line of East Broad Street through the freight yards of the Central of Georgia Railway Company to the south property line of East Broadway Street; and for other purposes.
HB 551. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb, Scoggin of Floyd and Sheffield of Brooks:
A Bill to be entitled an Act to provide for the manner in which licenses granted by the State of Georgia, or by any other duly authorized licensing authority, authorizing the manufacture of malt beverages may be revoked and renewed; and for other purposes.
HR 169-550a. By Mr. Brooks of Sheffield:
A Resolution proposing the development of a State Park in Brooks 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:
HB 413. By Messrs. Killian and Nightingale of Glynn, Odom of Camden, and others:
A Bill to be entitled an Act to amend an Act to provide for a salary system in lieu of a fee system for the Solicitor General 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 103, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 428. By Messrs. Bagby of Paulding, Cornelius of Polk, and others:
A Bill to be entitled an Act to create the office of Assistant Solicitor General of the Tallapoosa 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.
664
JOURNAL OF THE HOUSE,
HB 494. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to incorporate the City of Ambrose, and for other purposes.
The report 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 506. By Messrs. Cason of Pierce, Mincy and Frier of Ware, and others:
A Bill to be entitled an Act to amend an Act which provided a salary for the Solicitor General of the Waycross Judicial Circuit, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 507. By Mr. Cason of Pierce: A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Pierce County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 508. By Messrs. McKenna, Groover and Carlisle of Bibb: A Bill to be entitled an Act to delegate to the Board of Commissioners of Bibb County legislative powers over matters primarily of local concern, and for other purposes.
The report 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 510. By Mr. McGarity of Henry:
A Bill to be entitled an Act to require the Board of Education of
FRIDAY, FEBRUARY 11, 1955
665
Henry County to publish a monthly financial statement, and for other purposes.
The report 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 511. 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 that the chief clerk of the Court of Ordinary shall be chief assistant administrative officer of the Court of Ordinary 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.
HB 514. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Commissioners of Roads and Revenues 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 515. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act providing that the Chairman of the Board of Commissioners of Roads and Revenues of certain counties may pay debts of the county out of any funds available, and for other purposes.
The report 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.
666
JOURNAL OF THE HOUSE,
HB 524. By Mr. King of Pike:
A Bill to be entitled an Act to fix the salary of the Clerk of the Board of Commissioners of Roads and Revenue 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 113, nays 0. The bill having received the requisite constitutional majority, was passed.
HB 527. By Messrs. Reed, Willingham and Bentley of Cobb: A Bill to be entitled an Act to provide that certain counties may regulate the installation of plumbing in said counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill having received the requisite constitutional majority, was passed.
HR 158-528c. By Mr. Musgrove of Clinch: A Resolution designating a certain highway in Clinch County as the Frank S. Sessoms Memorial Highway, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 115, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SB 36. By Senator Parker of the 20th:
A Bill to be entitled an Act to amend an Act so as to increase the number of Commissioners elected to the Board of County Commissioners of Roads and Revenue of Baldwin County, and for other purposes.
The following committee amendment was read and adopted:
Messrs. Duke and Massee of Baldwin move to amend Senate Bill 36, as follows:
By striking from the title of the words "to provide for Commissioner Districts in Baldwin County;" and the words "to provide for the number of Commissioners from each Commissioner District;" and
FRIDAY, FEBRUARY 11, 1955
667
By striking the language quoted as Section 1 in Section 1, and inserting in lieu thereof new language, to be quoted as Section 1 in Section 1, to read as follows:
"Section 1. The Board of County Commissioners of Roads and Revenues of Baldwin County shall consist of five members. Each commissioner shall be a resident of Baldwin County and shall be elected by a plurality of the votes cast within the county. The board shall elect its own chairman and such election shall take place at the first meeting in January in each year. In the event a vacancy occurs on the board and the member causing the vacancy was chairman, the members of the board shall elect a new chairman at the first regular meeting after the vacancy has been filled and such new chairman shall serve until the following first meeting in January or until his successor in office has qualified. The present members of said board or a successor to the unexpired term of either present member shall serve until the expiration of their terms of office which expire December 31, 1956 and December 31, 1958. Successors to members shall be elected at the general election in the year in which their terms expire and shall take office on January 1 of the year following the date of their election. All such terms of office of successors to the present members and all future successors elected to said Board shall be for four years and until their successors are elected and qualified.''
By striking in its entirety Section 2, and
By adding in Section 3, after the word "Act" and before the word "the", the words "at the referendum election provided herein", and by striking the words "in the Commissioner District not represented as provided in Section 3 of this Act", and by striking the words "from the general funds of" and inserting in lieu thereof the word "by", so that when so amended Section 3 shall read as follows:
"Section 3. Within sixty (60) days after the approval of this Act, at the referendum election provided herein, the Ordinary of Baldwin County shall call a special election, to be held within thirty (30) days after the call, to fill the vacancies created on the Board by this Act for Commissioners to serve until December 31, 1956. Successors to the Commissioners elected at said special election shall be elected at the general election in 1956 for a term of four (4) years. The expenses for said special election shall be paid by Baldwin County." and
By renumbering said Section 3 as Section 2, and
By striking from Section 3A the quoted language which is to appear on the ballot, and inserting in lieu thereof new language, to read as follows:
"For approval of the Act to increase the number of Commissioners of Baldwin County, to provide for the terms of the Commissioners, and to provide for a special election to fill the vacancies created by this Act.
"Against approval of the Act to increase the number of Commissioners of Baldwin County, to provide for the terms of the Commissioners, and to provide for a special election to fill the vacancies created by this Act."
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JOURNAL OF THE HOUSE,
And By renumbering said Section 3A 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 116, nays 0.
The bill having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SB 10. By Senator Hollis of the 24th:
A Bill to be entitled an Act to amend an Act entitled An Act authorizing the chartering and empowering of corporations, so as to remove the necessity for the publication of matters relative to certain corporations; and for other purposes.
Referred to the Committee on Corporations.
SB 73. By Senator Lovett of the 16th:
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, and for other purposes.
Referred to the Committee on Municipal Government.
SB 78. By Senator Neel of the 7th:
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 the residence of the foster parents shall be inserted on the substitute birth certificate in place of the actual place of birth of the adopted persons; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 81. By Senator Hollis of the 24th:
A Bill to be entitled an Act to provide for the gift of securities to minors, to provide the procedure connected with the foregoing; and for other purposes.
Referred to the Committee on State of Republic.
SB 88. By Senator Overby of the 33rd:
A Bill to be entitled an Act to repeal an Act relating to suspension of the return of fugitives from justice under prosecution in this State, and for other purposes.
Referred to the Committee on State of Republic.
FRIDAY, FEBRUARY 11, 1955
669
SB 89. By Senators Overby of the 33rd, Waters of the 41st, Millican of the 52nd, Jones of the 38th, Lovett of the 16th and Harden of the 27th:
A Bill to be entitled an Act to prohibit the throwing or depositing of trash, garbage or other substance upon the public roads or public property of this State, and for other purposes.
Referred to the Committee on State of Republic.
SB 92. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Act repealing all laws passed incorporating the City of Manchester, to provide for incorporating said City under the name of College Park; and for other purposes.
Referred to the Committee on Municipal Government.
SB 94. By Senator Millican of the 52nd:
A Bill to be entitled an Act to authorize the governing authorities of cities having a population of more than 300,000, to regulate barber shops and beauty parlors; and for other purposes.
Referred to the Committee on Municipal Government.
SB 97. By Senator Ricketson of the 19th:
A Bill to be entitled 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.
SB 105. By Senator Raulerson of the 46th, and others:
A Bill to be entitled an Act to amend an Act which provided a salary for the Solicitor-General of the Waycross Judicial Circuit, and for other purposes.
Referred to the Committee on Special Judiciary.
SB 106. By Senators Morrison of the 15th, Raulerson of the 46th and others:
A Bill to be entitled an Act governing and regulating the use of the Public roads and highways of this State, and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 108. By Senator Florence of the 39th:
A Bill to be entitled an Act to amend the 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.
SB 109. By Senator Lovett of the 16th:
A Bill to be entitled an Act to provide that all counties in the State of Georgia having a population of not less than 33,100 and not more than
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JOURNAL OF THE HOUSE,
33,210, the Commissioners of Roads and Revenue or other governing authority of such counties shall pay the actual cost for furnishing food to prisoners in lieu of paying fees to the Sheriff or his appointed jailer; and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 110. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
Referred to the Committee on Municipal Government.
SB 112. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Act establishing a new charter for the city of College Park, so as to provide for four wards, and for other purposes.
Referred to the Committee on Municipal Government.
SB 115. By Senator Raulerson of the 1Gth:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Pierce; and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 116. By Senators McBride of the lOth and Harrison of the 17th:
A Bill to be entitled an Act to make it unlawful for any person to employ in any capacity whatsoever a person under eighteen years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are sold or offered for sale exclusively; and for other purposes.
Referred to the Committee on Temperance.
SR 34 By Senator Morrison of the 15th:
A Resolution authorizing and directing the State Librarian to furnish to the Superior Court of Montgomery County certain volumes of law books, and for other purposes.
Referred to the Committee on Public Library.
SR 29. By Senator Neel of the 7th:
A Resolution authorizing the Librarian to furnish certain law books to Thomas County, and for other purposes.
Referred to the Committee on Public Library.
By unanimous consent, the Clerk was instructed to include in HB 471 an amendment which was overlooked at the time of the passage of HB 471.
FRIDAY, FEBRUARY 11, 1955
671
By unanimous consent, the following Bill and Resolution of the House were withdrawn from the Committee on Education No. 1, read the second time and recommitted:
HB 533. By Messrs. Coker of Cherokee and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act so as to prohibit the advertising of liquor in newspapers of this State, and for other purposes.
HR 176. By Messrs. Bodenhamer of Tift and Lavender of Elbert:
A Resolution providing for a joint committee of the General Assembly to make a study of the Department of Education in regard to its distribution of funds, and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Drainage, read the second time and recommitted:
HB 548. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to set up a zoning system for the unincorporated areas of Cobb County, and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Game and Fish, read the second time and recommitted:
HB 518. By Messrs. Bodenhamer of Tift and McWhorter of DeKalb:
A Bill to be entitled an Act to permit the breeding of pen-raised quail for commercial 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 163-528h. By Mr. Tarpley of Union:
A Resolution compensating the Union County Soils Club, Inc., a farmers' cooperative association, of Blairsville, Union County, and for other purposes.
The following Resolutions of the House were read and adopted:
HR 178. By Messrs. Jackson of Jones and Duke and Massee of Baldwin:
A Resolution that the Georgia State Sanitarium Committee be authorized to visit and study any problem existing at the Milledgeville State Hospital, and for other purposes.
By unanimous consent, the House reconsidered its action in adopting HR 178. The Speaker referred the Resolution to the Committee on State of Republic.
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JOURNAL OF THE HGUSE,
HR 151. By Mr. Parker of Appling:
A Resolution requesting the Commissioner of Revenue to investigate the feasibility of using license tags for five years after issue, and for other purposes.
HR 160-528e. By Mr. Groover of Bibb:
A Resolution authorizing the coverage by property and liability insurance of the automobile furnished to the Governor, and for other purposes.
The following Resolution of the House was read:
HR 121. By Messrs. Barber of Jackson and Duncan of Carroll:
A Resolution providing for the appointment of a committee to investigate the financial status of the State Board of Regents, and for other purposes.
The following committee amendment was read and adopted:
The Committee on State of Republic moves to amend HR 121 so as to provide that the committee's work shall be limited to 25 days.
The resolution, as amended, was adopted.
The following Resolution of the House was read:
HR 46. By Mr. Carlisle of Bibb: A Resolution creating a committee of House to study the advisability of constructing a press gallery, and for other purposes.
The following amendment was read and adopted:
Mr. Carlisle of Bibb moves to amend HR 46, the last paragraph, by striking "1955" in the seventh line and substituting in lieu thereof "1956" so as to provide that the committee shall make a report of its findings and recommendations to this body before the adjournment of the 1956 Session.
The resolution, as amended, was adopted. By unanimous consent, the House reconsidered its action in adopting HR 46.
HR 46 was again taken up for consideration.
The following amendment was read and adopted: Mr. Groover of Bibb moves to amend HR 46 as follows: "The study
herein authorized is limited to five days".
The amendment offered by Mr. Carlisle of Bibb was adopted.
FRIDAY, FEBRUARY 11, 1955
673
The resolution, .AS amended, was adopted.
By unanimous consent, the Clerk was instructed to correct certain typographical errors appearing in HB 343.
The following Resolution of the Senate was taken up for consideration and read the third time :
SR 33. By Senator Neel of the 7th: A Resolution establishing a committee to study proposed revisions of the Workmen's Compensation Law, and for other purposes.
By unanimous consent, further consideration of SR 33 was postponed until Monday, February 14, 1955, immediately following the period of unanimous consents.
Mr. Young of Muscogee moved that the House do now adjourn until Monday morning at 10:00 o'clock and the motion prevailed.
The Speaker announced the House adjourned until Monday morning at 10:00 o'clock.
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JOURNAL OF THE HOUSE,
House of Representatives, Atlanta, Georgia. Monday, February 14, 1955.
The House met pursuant to adjournment this day at 10:00 o'clock, A.M., and was called to order by the Speaker.
The roll was called and the following members answered to their names:
Adams Allen Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Bloodworth Bodenhamer Boggus Bolton Brannen Brown Caldwell Campbell Carlisle Cates Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Deen Denmark Denson Drinkard Duke Duncan Edenfield Elder English Eyler Fain Floyd Flynt
Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harris Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hogan Holley Houston Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley
Kennedy of Tattnall Key Kilgore
Killian King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Parker Peacock Pelham Perkins Peters Pettey
MONDAY, FEBRUARY 14, 1955
675
Phillips of Columbia Pickard Potts Ray Reed Register Rodgers Roughton Rowland Ruark Russell Rutland Sanders Scoggin Sheffield Short Singer Sivell
Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley Terrell Todd Truelove Turk Twitty
Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Williams Willingham Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker
Mr. Boggus of Ben Hill, Chairman of the Committee on Journals, reported that the Journal of last Friday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House.
2. First reading and reference of Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local bills and general bills with local application.
6. First reading and reference of Senate Bills and Resolutions.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 180. By Messrs. Moate of Hancock and Groover of Bibb:
A Resolution amending the Rules of the House in certain particulars, 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:
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JOURNAL OF THE HOUSE,
HB 559. By Messrs. Coker and Campbell of Walker:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Chickamauga, and for other purposes.
Referred to the Committee on Municipal Government.
HB 560. By Mr. Phillips of Walton: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Walton County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 561. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend the charter of the City of Griffin, and for other purposes.
Referred to the Committee on Municipal Government.
HB 562. By Messrs. Chambers, Holley and Sanders of Richmond.
A Bill to be entitled an Act to amend the Charter of the City of Augusta relating to the establishment of a pension plan for employees of the Fire Department and Police Department of the City Council of Augusta, and for other purposes.
Referred to the Committee on Municipal Government.
HB 563. By Messrs. McKenna, Groover and Carlisle 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 564. By Messrs. McKenna, Carlisle 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 565. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act entitled An Act to place the Sheriff of Laurens County and his deputy on a salary basis; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 566. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act establishing the City Court of Dublin, and for other purposes.
Referred to the Committee on Counties and County Matters.
MONDAY, FEBRUARY 14, 1955
677
HB 567. By Mr. Groover of Bibb:
A Bill to be entitled an Act to provide for the appointment of a guardian of the property of a non-resident insane person, and for other purposes.
Referred to the Committee of State of Republic.
HB 568. By .Mr. Martin of Banks:
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 Banks County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 569. By Mr. Ivey of Newton:
A Bill to be entitled an Act to amend an Act entitled An Act to repeal an Act so as to provide a board of directors for Newton County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 570. By Mr. Ivey of Newton:
A Bill to be entitled an Act to amend an Act entitled An Act to fix the salary of the Treasury of Newton County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 571. By Mr. Coker of Cherokee:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Canton, and for other purposes.
Referred to the Committee on Municipal Government.
HB 572. By Mr. Coker of Cherokee:
A Bill to be entitled an Act to create the Cherokee County Water Authority and to authorize such authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 573. A Bill to be entitled an Act to amend an Act to provide that the salary of each of the Judges of the Superior Courts of the Macon Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Crawford, Houston and Peach Counties, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HR 179-573a. By Messrs. Register and Mathis of Lowndes: A Resolution proposing an amendment to the Constitution so as to pro-
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JOURNAL OF THE HOUSE,
vide for the election of members of the Lowndes County Board of Education by the people, and for other purposes.
Referred to the Committee on Amendment to Constitution # 1.
HB 574. By Mr. Barker of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to repeal the provision for the taxation of corporations within the City of Commerce, and for other purposes.
Referred to the Committee on Municipal Government.
HB 575. By Mr. Truelove of White:
A Bill to be entitled an Act to amend an Act entitled An Act to create a Board of County Commissioners of Roads and Revenues for the County of White, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 576. By Mr. Parker of Appling:
A Bill to be entitled an Act to prohibit the hunting of deer with dogs in the County of Appling, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 577. By Messrs. Hall, Scoggin and Wright 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, and for other purposes.
Referred to the Committee on Municipal Government.
HR 182-577a. By Mr. Russell of Barrow:
A Resolution authorizing and directing the State Librarian to furnish certain books to the County Commissioners of Barrow County, and for other purposes.
Referred to the Committee on Public Library.
HR 183-577b. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Resolution to establish a commission on public education for the City of Atlanta and Fulton County, to define its duties and authority and to provide necessary funds to effectuate the purposes hereof, and for other purposes.
Referred to the Committee on Municipal Government.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Short of Colquitt County, Chairman of the Committee on Counties and County Matters, submitted the following report:
MONDAY, FEBRUARY 14, 1955
679
Mr. Speaker: Your Committee on Counties and County Matters has had under consideration
the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 108. Do Pass. SB 90. Do Pass. SB 115. Do Pass. SB 77. Do Pass. HB 556. Do Pass. HB 552. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Short of Colquitt 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 468. Do Pass, as amended. HB 470. Do Pass, as amended.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Bodenhamer of Tift 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 and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 533. Do Not Pass. HR 176. Do Not Pass.
Respectfully submitted, Bodenhamer of Tift, Chairman.
Mr. Moorman of Lanier County, Chairman of the Committee on Historical Research, submitted the following report:
680
JOURNAL OF THE HOUSE,
Mr. Speaker: Your Committee on Historical Research has had under consideration the fol-
lowing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 144. Do Pass.
HR 145. Do Pass.
Respectfully submitted,
Moorman of Lanier,
Chairman.
Mr. Jessup of Bleckley County, Vice-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 Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendation:
SB 106. Do Pass.
Respectfully submitted,
Jessup of Bleckley,
Vice-Chairman.
Mr. Wooten of Randolph County, Chairman of the Committee on Public High-
ways # 1, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways # 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 38-130c. Do Pass.
Respectfully submitted,
Wooten of Randolph,
Chairman.
Mr. Mathis of Lowndes County, Vice-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 Vice-Chairman, to report
MONDAY, FEBRUARY 14, 1955
681
the same back to the House with the following recommendation: HR 177-558a. Do Pass. Respectfully submitted, Mathis of Lowndes, Vice-Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 180. Do Pass.
Respectfully submitted,
Drinkard of Lincoln,
Chairman.
Mr. Drinkard of Lincoln 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 531. Do Pass. HB 532. Do Pass. HB 555. Do Pass. SB 68. Do Pass. SB 81. Do Pass. SB 88. Do Pass.
Respectfully submitted,
Drinkard of Lincoln,
Chairman.
Mr. Floyd of Chattooga County, Chairman of the Committee on Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Veterans Affairs has had under consideration the fol-
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JOURNAL OF THE HOUSE,
lowing Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 147. Do Pass. Respectfully submitted, Floyd of Chattooga, Chairman.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:
HB 4. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to provide for the hours of holding elections in certain counties; to repeal conflicting laws; and for other purposes.
HB 12. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend Part IV, Title 24, Code of Georgia so as to provide that judges of city courts or like courts may preside and act as judge in any court authorized to try municipal offenses, in cities having a certain population; and for other purposes.
HB 15. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to create a system of traffic courts pursuant to the Constitution of Georgia of 1945, for each city of this State having a certain population; and for other purposes.
HB 26. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to amend an Act creating the City Court of Hinesville so as to place the Solicitor of the City Court of Hinesville on a salary basis; and for other purposes.
HB 53. By Mr. Dean of Bacon:
A Bill to be entitled an Act to repeal an Act entitled "An Act to enable Bacon County and the City of Alma, Georgia, to establish a joint planning commission, etc., and for other purposes.
HB 122. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act relating to additional duties of clerks of the superior court in counties of not less than 55,000 and not more than 62,000; and for other purposes.
HB 128. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to require jury commissioners in counties
MONDAY, FEBRUARY 14, 1955
683
having a population of not less than 22,800 and not more than 23,200 to place all tickets containing the names of traverse jurors in one box for the use of superior courts in said counties; and for other purposes.
HB 129. By Messrs. Holley, Sanders and Chambers of Richmond:
A Bill to be entitled an Act to amend an Act relating to the compensation of jurors and bailiffs; so as to permit the Grand Juries in Counties having a population of not less than 100,000 inhabitants nor more than 110,000 inhabitants to fix the compensation of jurors and bailiffs; and for other purposes.
HB 131. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act to amend an Act to increase the compensation of the Treasurer of Cobb County; and for other purposes.
HB 161. By Messrs. Holley, Sanders and Chambers of Richmond:
A Bill to be entitled an Act to provide for the continued existence of the Richmond County Department of Health; and for other purposes.
HB 193. By Messrs. Bentley, Reed and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner or Roads and Revenues of Cobb County; and for other purposes.
HB 216. By Mr. Coxwell of Lee:
A Bill to be entitled an Act to amend an Act to authorize and direct the Mayor and Council of the Town of Leesburg to close and vacate a certain street in said City; and for other purposes.
HB 217. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend an Act entitled An Act to provide and establish a new charter for the City of Waycross, so as to provide that taxes shall become a lien upon all property subject to taxation in Waycross; and for other purposes.
HB 230. By Messrs. Bodenhamer and Fowler of Tift:
A Bill to be entitled an Act to amend an Act entitled an Act to repeal the present Charter of the City of Tifton; to provide a reduction of terms of office of future city commissioners from five years to three years; and for other purposes.
HB 253. By Messrs. Bentley, Reed and Willingham of Cobb:
A Bill to be entitled an Act to provide for the establishment of sewage districts in Cobb County; and for other purposes.
HB 254. By Messrs. Bentley, Willingham and Reed of Cobb:
A Bill to be entitled an Act to provide for the establishment of fire prevention districts in Cobb County; and for other purposes.
684
JOURNAL OF THE HOUSE,
HB 257. By Mr. Roughton of Washington:
A Bill to be entitled an Act creating the office of Tax Commissioner of Washington County; and for other purposes.
HB 273. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act entitled An Act to consolidate the office of Tax Receiver and the office of Tax Collector into the one office of Tax Commissioner of Dougherty County; and for other purposes.
HB 287. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to provide that the tax collector in all counties of this State having a population of not more than 9,950 and not less than 9,800, shall be paid from ad valorem school tax collected for the county board of education a commission of three and one-half percent of the net amount collected by him; and for other purposes.
HB 290. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to remove the restrictive term of office for officers and employees of said city; and for other purposes.
HB 291. 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.
HB 292. By Messrs. Hall, Wright and Scoggin of Floyd:
A Bill to be entitled an Act to repeal an Act approved February 12, 1952 (Ga. Laws, 1952, p. 2360-2364) authorizing the Board of Commissioners of Roads and Revenues to pass zoning rules and regulations; and for other purposes.
HB 293. By Mr. Birdsong of Troup:
A Bill to be entitled an Act to amend an Act entitled An Act to establish the City Court of LaGrange; and for other purposes.
HB 294. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act amending an Act entitled An Act to establish the City Court of LaGrange in Troup County; and for other purposes.
HB 297. By Messrs. Sanders, Holley and Chambers of Richmond:
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 having a population of not less than 100,000 inhabitants and not more than 110,000 inhabitants the clerk of the Superior Court; and for other purposes.
MONDAY, FEBRUARY 14, 1955
685
HB 317. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A Bill to be entitled an Act to amend an Act entitled an Act to amend the Charter of the Mayor and Aldermen of the City of Savannah, relating to the Savannah Airport Commission; and for other purposes.
HB 318. By Messrs. Chambers, Sanders and Holley of Richmond:
A Bill to be entitled an Act to amend an Act entitled an Act to abolish Justice Courts and the office of Justice of the Peace in the City of Augusta; and for other purposes.
HB 320. By Messrs. Cheatham, Eyler and Sognier 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.
HB 330. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to provide that the County Physician or Coroners Physician hereinafter employed by the Board of Commissioners of Roads and Revenues of Richmond County, shall not be affected by nor entitled to any of the benefits of any tenure act now in effect or hereinafter enacted affecting the employees in said Richmond County; and for other purposes.
HB 332. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to provide for a contingent expense allowance for the Chairman and members of the Board of Commissioners of Roads and Revenues of Spalding County; and for other purposes.
HB 336. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled An Act to establish the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations; and for other purposes.
HB 340. By Mr. Hodges of Butts:
A Bill to be entitled an Act to create a new charter for the Town of Jenkinsburg in Butts County; and for other purposes.
HB 341. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to incorporate the community in Gwinnett County, Georgia, known as Lilburn; and for other purposes.
HB 343. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
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.
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JOURNAL OF THE HOUSE,
HB 345. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to amend the Act of the General Assembly of Georgia creating a new Charter for the City of Lawrenceville, by redefining the corporate limits of said City; and for other purposes.
HB 347. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Act of the General Assembly creating a new Charter for the City of Lawrenceville, by changing the salaries to be paid to the Mayor and Councilmen of said City; and for other purposes.
HB 356. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Perry; and for other purposes.
HB 357. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to authorize the City of Lawrenceville to undertake and carry out slum clearance and redevelopment work, etc; and for other purposes.
HB 368. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, by creating the positions of trial assistant Solicitors General; and for other purposes.
HB 369. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to amend an Act so as to change the term of office of the Board of County Commissioners of Taliaferro County; and for other purposes.
HB 370. By Messrs. Groover, McKenna and Carlisle of Bibb:
A Bill to be entitled an Act to approve, ratify and confirm Acts of the city of Macon of its Mayor and Council, in closing, vacating and abandoning an alley known as First Street Lane situated between Wharf Lots' two and three of the City of Macon; and for other purposes.
HB 371. By Messrs. Groover, McKenna and Carlisle 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 as shown by minutes of its meeting of January 4, 1955, in abandoning, vacating and closing a certain portion of a ten-foot alley in Macon; and for other purposes.
HB 372. By Messrs. Groover, McKenna and Carlise of Bibb:
To be entitled an Act to amend an Act to re-enact the Charter of the City of Macon; and for other purposes.
MONDAY, FEBRUARY 14, 1955
687
HB 373. By Messrs. Groover, McKenna and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act to re-enact the Charter of the City of Macon; and for other purposes.
HB 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.
HB 388. By Mr. E. Smith of Evans:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Evans County; and for other purposes.
HR 37-130b. By Mr. McCracken of Jefferson:
A Resolution authorizing the abandonment of certain property in Jefferson County; and for other purposes.
HR 93-332b. By Mr. Murphy of Haralson: A Resolution authorizing the State Librarian to furnish certain law books to the Court of Ordinary of Haralson County; and for other purposes.
HR 96-332e. By Mr. Murphy of Haralson: A Resolution to furnish certain law books to the Clerk of the Superior Court of Haralson 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 188. By Mr. H. Smith of Fulton: A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways so as to authorize the governing authorities of cities to adopt ordinances regulating traffic within the corporate limits of such cities; and for other purposes.
HB 349. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Morrow in the County of Clayton and grant a charter to that municipality under that name and style; and for other purposes.
HB 366. By Messrs. Hall, Wright and Scoggin 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, the Clerk of the Superior Court; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:
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SB 91. By Senator Millican of the 52nd:
A Bill to be entitled an Act relating to use of voting machines by striking the words "having a population of 300,000 inhabitants or more according to the last or any future Federal Census" wherever they appear in said Act; and for other purposes.
SB 107. By Senator Page of the 1st:
A Bill to be entitled an Act to amend an Act of Georgia Laws of 1952, Page 457, pertaining to examination and registration of architects; and for other purposes.
SB 111. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Act approved February 15, 1952 to create a joint city-county board of tax assessors in counties having a population of 300,000 or more according to the 1950 or any future census of the United States so as to provide for the appointment of officers and employees and their compensation; and for other purposes.
SB 118. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide for the self-government of municipalities having a population of 300,000 or more, according to the last or any future Federal Decennial Census; to prescribe the procedure connected therewith; to provide an effective date; and for other purposes.
SB 120. By Senator Richardson of the 13th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Oglethorpe so as to provide that the mayor and council shall elect the clerk and treasurer of said city and establish the compensation for such officer; 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 531. By Messrs. Moate of Hancock and Groover of Bibb:
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; and for other purposes.
HB 532. By Messrs. Underwood of Bartow and Groover of Bibb:
A Bill to be entitled an Act to amend an Act which makes provisions for 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, so as to provide for declaration of policy; and for other purposes.
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689
HB 552. By Messrs. Hall, Wright and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act entitled An Act to abolish the offices of Tax Receiver and Tax Collector, and to create in lieu of the same the County Tax Commissioner of Floyd County, and for other purposes.
HB 555. By Messrs. Perkins of Carroll, Kilgore of Gwinnett, Black of Webster, Cloud of Decatur and many others.
A Bill to be entitled an Act to prohibit the holding of athletic events, dances, and other similar activities wherein persons of the negro race and persons of the white race are permitted to participate together; and for other purposes.
HB 556. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to amend an Act entitled An Act to provide for the continued existence of the public school system of the County of Richmond, and for other purposes.
HR 177-558a. By Messrs. Nightingale and Killian of Glynn:
A Resolution to authorize the Governor acting on behalf of the State to convey certain property to the City of Brunswick, and for other purposes.
SB 106. By Senators Morrison of the 15th, Raulerson of the 46th and others:
A Bill to be entitled an Act governing and regulating the use of the Public roads and highways of .this State, and for other purposes.
SB 108. By Senator Florence of the 39th:
A Bill to be entitled an Act to amend the Act creating a three member Board of Commissioners of Roads and Revenues for Douglas County, and for other purposes.
SB 115. By Senator Raulerson of the 46th:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Pierce; and for other purposes.
SB 68. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to place restrictions on certain county officials, relative to a list of owners of motor vehicles furnished by the Revenue Commissioner, and for other purposes.
SB 77. By Senator Woods of the 49th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue for Evans County, and for other purposes.
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JOURNAL OF THE HOUSE,
SB 90. By Senator Page of the 1st:
A Bill to be entitled an Act to establish a metropolitan planning district for Chatham County, and for other purposes.
HR 144. By Messrs. Chambers, Sanders and Holley of Richmond:
A Resolution proposing acceptance as a state historical site in Richmond County the premises known as the White House of Augusta, and for other purposes.
HR 145. By Mr. Veal of Putnam:
A Resolution designating December 9th of each year as official Uncle Remus Day, and for other purposes.
HR 147. By Messrs. Perkins of Carroll, Matheson of Hart and others:
A Resolution petitioning the Congress of the United States to equalize training benefits under the Korean Veteran Farm Training with those of World War II program, and for other purposes.
SB 88. By Senator Overby of the 33rd:
A Bill to be entitled an Act to repeal an Act relating to suspension of the return of fugitives from justice under prosecution in this State, and for other purposes.
HR 38-130c. By Mr. Roughton of Washington:
A Resolution to officially designate the names for two bridges on State Highway Route 102 between Mitchell, Glascock County, Georgia and Warthen, Washington County, as the "Bolden S. Cobb Bridges"; and for other purposes.
SB 81. By Senator Hollis of the 24th:
A Bill to be entitled an Act to provide for the gift of securities to minors, to provide the procedure connected with the foregoing; and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 168. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend the Code so as to provide for the employment of expert accountants by certain counties, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Section 23-1301 of the Code of Georgia of 1933, the same being an Act authorizing the employment of an expert accountant to examine county affairs, so as to provide that
MONDAY, FEBRUARY 14, 1955
691
in all counties of this state having a population of not less than 120,000 and not more than 145,000, according to the 1950 United States census, or any future United States census, an annual and continuing audit shall be made of county affairs; to provide for the appointment, qualification, compensation, and term of such auditor; to provide the scope of such audit and the duties of the auditor; 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 Section 23-1301 of the Code of Georgia of 1933, the same being an Act authorizing the employment of a competent accountant to examine county affairs, be and the same is hereby amended by adding to said section additional paragraphs to be appropriately numbered and reading as follows:
SECTION 1.
In all counties of the State of Georgia having a population of not less than 120,000 and not more than 145,000, according to the United States census of 1950, or any future United States census, an annual and continuing audit shall be made of county affairs, such audit to include an examination and report on the books, vouchers and account of any county officer, deputy, employee or administrator whose duty it is under the law to handle county funds and to include examination and reports on the receipt and disbursement of all funds received or handled by the county, whether derived from taxation, fees, the sale of bonds, revenue certificates, contributions of employees, or otherwise.
SECTION 2.
It shall be the duty of the grand jury convened for the December term, 1955, and each regularly convened December term grand jury thereafter, during the first 14 calendar days of its term of service, to nominate three certified public accountants or firms of certified public accountants and to furnish to the Commissioner of Roads and Revenues, or other governing authority of such counties, the names of such certified public accountants or firms of certified public accountants so nominated. The Commissioner of Roads and Revenues or other governing authority of such counties, shall select one of the three nominations made by the grand jury and employ such person or firm so selected as the auditor of the county for a term of one year. In the event that the persons or firms selected by the grand jury refuse to accept employment, the grand jury shall submit additional nominations, not exceeding three at any one time, until an auditor shall have been employed.
SECTION 3.
The auditor shall make the audit provided for herein, for the year succeeding his appointment, and shall submit a complete and final report and audit to the governing authorities of such counties, and a copy thereof to the regularly convened March term of the grand jury in the year following the year audited. The Commissioner of Roads and Revenues or other governing authority of such counties or any grand jury regularly convened in such counties may require interim
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and supplementary reports at any time from the auditor, and should such auditor discover any violations of the laws of Georgia or any irregularities in any of the finances or accounts of the county at any time, it shall be the duty of such auditor immediately to report such violations and irregularities to the Commissioner of Roads and Revenues, or other governing authority, and to the grand jury then in session or if no grand jury is in session, to the first convened after such violations or irregularities are discovered. All final annual audits shall be published, as soon as submitted, in the official newspaper of the county in which the Sheriff's advertisements regularly appear and it shall be the duty of the Commission of Roads and Revenues, or other governing authority, of such counties to see that such publication is made. Any interim or supplementary audits may be published at the discretion of such governing authority.
SECTION 4.
No certified public accountant or firm of certified public accountants shall be employed as auditor of such counties to make more than three consecutive annual audits. After a lapse of at least one yearly audit following such employment, any certified public accountant or firm of certified public accountants shall be eligible for re-employment.
SECTION 5.
The compensation of such auditor shall be fixed by the Commissioner of Roads and Revenues, or other governing authority of such counties, and shall be approved by the grand jury making the nomination. In the event of a disagreement between the governing authority and the grand jury as to compensation of the auditor, the Commissioner of Roads and Revenues, or other governing authority of such counties, may appoint one person who, together with the foreman of the grand jury and the senior judge of the Superior Court of the circuit in which such counties are located, shall form a committee and the majority of such committee shall fix such compensation.
SECTION 6.
In the event that any grand jury upon whom any duties are placed by this Act shall refuse or fail to complete any action provided herein, the next regularly empanelled succeeding grand jury shall take such action.
SECTION 7.
The Commissioner of Roads and Revenues, or other governing authority of such counties, is authorized to call on the auditor at any time for an analysis and opinion of any phase of the financial affairs of the county and it shall be the duty of the auditor, upon such request, to give such analysis and opinion, together with such recommendations as he may choose to make.
SECTION 8.
Notice of the intention to apply for the passage of this bill has been published in the newspaper in which sheriff's advertisements for
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693
said counties are published once a week for three weeks, during a period of sixty days immediately preceding its introduction in the General Assembly, attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published as provided by law.
SECTION 9.
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.
January 11, 1955
GEORGIA
DeKalb County
Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he 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 December 9, 16, 23rd, 1954.
THE DEKALB NEW ERA Is/ W. H. McWhorter
W. H. McWhorter, Managing-Editor.
Sworn to and subscribed before me this 11 day of January, 1955. Is/ Joseph H. Baird
Notary Public, DeKalb County, Georgia. My Commission Expires Dec. 18, 1957. (SEAL)
COPY OF NOTICE
NOTICE OF LOCAL LEGISLATION
Notice is hereby given that application will be made to the General Assembly of Georgia at its session convening in January, 1955, for the passage of local legislation, the title of such bill to be as follows:
An Act to amend Section 23-1301 of the Code of Georgia of 1933, the same being an Act authorizing the employment of an expert accountant to examine county affairs, so as to provide that in all counties of this state having a population of not less than 120,000 and not more than 145,000 according to the 1950 United States census, or any future United States census, an annual and continuing audit shall be made of county affairs; to provide for the appointment, qualification, compensation, and term of such auditor; to provide the scope of such audit and the duties of the auditor; to repeal conflicting laws; and for other purposes.
W. Hugh McWhorter, Jas. A. Mackay, Guy W. Rutland, Jr.
12-9-3t
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The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 103, nays 0.
The bill having received the requisite constitutional majority, was passed, by substitute.
HB 473. By Mr. Kennedy of Tattnall: A Bill to be entitled an Act to amend an Act so as to provide that the Solicitor of the City of Reidsville shall be compensated on a salary basis in lieu of a fee basis, and for other purposes.
The following amendment was read and adopted:
Mr. Kennedy of Tattnall moves to amend HB 473 as follows:
By inserting in the title of said bill, immediately preceding the words "to repeal conflicting laws;", the words "to provide for a referendum:", and
By inserting a new Section 5 in said bill, to read as follows:
"Section 5. Not less than fifteen 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 Tattnall County to issue the call for an election for the purpose of submitting this Act to the voters of Tattnall County for approval or rejection. The date of the election shall be set for a day not less than twenty nor more than thirty days after the date of the issuance of the call. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official organ of Tattnall County. The ballot shall have printed thereon the words:
"For approval of the Act compensating the Solicitor of the City Court of Reidsville, in Tattnall County, on a salary basis in lieu of a fee basis, and providing that the Sheriff and Clerk of the City Court of Reidsville shall serve without compensation in addition to their salary received as officers of the Superior Court of Tattnall County.
"Against approval of the Act compensating the Solicitor of the City Court of Reidsville, in Tattnall County, on a salary basis in lieu of a fee basis, and providing that the Sheriff and Clerk of the City Court of Reidsville shall serve without compensation in addition to their salary received as officers of the Superior Court of Tattnall County."
"All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote 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 in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Tattnall County. It shall be the duty of the Ordinary to hold and conduct such election. It shall be the duty of the Ordinary to canvass the returns
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695
and declare 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 re-numbering Section 5 of said bill as Section 6.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority, was passed, as amended.
HB 509. By Mr. Johnson of Gilmer:
A Bill to be entitled an Act to amend an Act so as to authorize the City of East Ellijay to contract for water, and for other purposes.
The report 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 512. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act so as to change the entrance fee for candidates for Mayor of the City of McDonough, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 513. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to create a charter for the City of Conley, and for other purposes.
The following amendments were read and adopted:
Messrs. Foster and Blalock of Clayton move to amend HB 513 in the following particulars:
Section 25-By inserting in Line 3, after the word "same" and ahead of the comma, the words "except property of an existing public utility".
Section 26-By inserting in Line 2, after the word "City" and
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JOURNAL OF THE HOUSE,
ahead of the comma, the words "except property of an existing public utility".
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 0.
The bill having received the requisite constitutional majority, was passed, as amended.
HB 516. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act pertaining to the Mayor and Council of Marietta, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 522. By Mr. Cotton of Baker:
A Bill to be entitled an Act to create a new charter for the City of Newton, and for other purposes.
The report 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 523. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to change the corporate 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 110, nays 0.
The bill having received the requisite constitutional majority was passed.
HB 525. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend an Act so as to increase the rate of taxation in the City of Dudley, and for other purposes.
MONDAY, FEBRUARY 14, 1955
697
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0. The bill having received the requisite constitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
HB 526. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Mayor and Councilmen of the Town of East Dublin, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill having received the requisite constitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
HB 528. By Messrs. Willingham, Reed and Bentley of Cobb: A Bill to be entitled an Act to amend an Act so as to increase 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 113, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 529. By Mr. Johnson of Gilmer: A Bill to be entitled an Act to amend an Act so as to authorize the City of Ellijay to contract for the purchase of water, and for other purposes.
The report 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 536. By Mr. Love of Catoosa:
A Bill to be entitled an Act to amend an Act so as to provide clerical
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JOURNAL OF THE HOUSE,
help for the Tax Commissioner 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 115, nays 0.
The bill having received the requisite constitutional majority, was passed
HB 537. By Mr. Harrison of Wayne: A Bill to be entitled an Act to amend an Act so as to change the form of government of 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 116, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 538. By Mr. Love of Catoosa: A Bill to be entitled an Act to amend an Act so as to change the compensation of the Commissioner of Roads and Revenue 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 117, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 541. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act so as to change the salary of the clerk of the Commissioners of Roads and Revenue of Candler County, and for other purposes
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 547. By Mr. Sheffield of Brooks: A Bill to be entitled an Act to amend an Act so as to provide that the
MONDAY, FEBRUARY 14, 1955
699
County Commissioners of Brooks County may determine the salary of the Chairman, and for other purposes.
The report 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 550. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to authorize the closing of a certain street in the City of Griffin, and for other purposes.
The following amendment was read and adopted:
Messrs. Bolton and Lindsey of Spalding move to amend HB 550, as follows:
By striking the words "to provide an effective date;" from the title and inserting in lieu thereof the words "to provide that the City Commissioners of the City of Griffin may reopen that portion of North First Street extending northerly from the North property line of East Broad Street through the freight yards of the Central of Georgia Railway Company to the South property line of East Broadway Street, without the necessity of obtaining the consent of the said Railway Company, or of condemnation proceedings;", and
By striking Section 2 in its entirety and in lieu thereof inserting the following:
By striking Section 2 in its entirety and in lieu thereof inserting the following:
"Section 2. The power, above authorized, to the City Commissioners of the City of Griffin, to close and vacate said portion of North First Street, is conditioned upon the further authorization that the City Commissioners of the City of Griffin may, at any time after closing and vacating said portion of North First Street, reopen the same for the use of the general public, without the necessity of obtaining the consent of the said Railway Company or of condemnation proceedings, which right to so reopen is expressly reserved by and granted to said City Commissioners."
and
By striking Section 3 in its entirety and in lieu thereof inserting the following:
"Section 3. If any section, clause, paragraph, or any part of this Act be held unconstitutional by a court of competent jurisdiction, this Act shall be null and void and of no effect."
and
By adding a new Section 4 to read:
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JOURNAL OF THE HOUSE,
"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, 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.
HB 468. By Mr. Kennedy of Tattnall:
A Bill to be entitled an Act to change certain officers of Tattnall County from the fee system to the salary system, and for toher purposes.
The following Committee amendment was read and adopted:
The Committee on Counties and County Matters moves to amend HB 468 as follows:
By inserting in the title of said bill immediately before the words, "and for other purposes.", the words "to provide for a referendum; to repeal conflicting laws :".
By inserting a new Section 6 in said Bill to read as follows:
Not less than fifteen 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 Tattnall County to issue the call for an election for the purpose of submitting this Act to the voters of Tattnall County for approval or rejection. The date of the election shall be set for a day not less than twenty nor more than thirty days after the date of the issuanc of the call. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official organ of Tattnall County. The ballot shall have printed thereon the words: 'For approval of the Act to change the Clerk and Sheriff of the Superior Court of Tattnall County from a fee system to a salary system.' 'Against approval of the Act to change the Clerk and Sheriff of the Superior Court of Tattnall County from a fee system to a salary system.' All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote 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 in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Tattnall County. It shall be the duty of the Ordinary to hold and conduct such election. It shall be the duty of the Ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State.
By renumbering Section 6 of said bill as Section 7.
MONDA~ FEBRUARY 1~ 19~
701
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 121, nays 0.
The bill having received the requisite constitutional majority, was passed, as amended.
HB 470. By Mr. Kennedy of Tattnall:
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 Revenue of Tattnall County, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Counties and County Matters moves to amend HB 470 as follows:
By inserting in the title of said bill immediately before the phrase, "to repeal conflicting laws;", the words, "to increase the compensation of the Clerk of the Board of Commissioners of Roads and Revenue; to provide for a referendum;".
By inserting in said bill a new Section 4 to read as follows:
Not less than fifteen 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 Tattnall County to issue the call for an election for the purpose of submitting this Act to the voters of Tattnall County for approval or rejection. The date of the election shall be set for a day not less than twenty nor more than thirty days after the date of the issuance of the call. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official organ of Tattnall County. The ballot shall have printed thereon the words: 'For approval of an Act to change the compensation of the Chairman of the Board of Commissioners of Roads and Revenue of Tattnall County and to require that all purchases in excess of fifty ($50) dollars shall be approved by a majority of the Board.' 'Against approval of an Act to change the compensation of the Chairman of the Board of Commissioners of Roads and Revenue of Tattnall County and to require that all purchases in excess of fifty ($50) dollars shall be approved by a majority of the Board.' All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote 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 in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Tattnall County. It shall be the duty of the Ordinary to hold and conduct such election. It shall be the duty of the Ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State.
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By renumbering Section 4 of said bill as Section 5.
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 122, nays 0.
The bill having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 107. By Senator Page of the 1st:
A Bill to be entitled an Act to amend an Act pertaining to examination and registration of architects; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 111. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Act to create 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 118. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide for the self-government of municipalities having a population of 300,000 or more, and for other purposes.
Referred to the Committee on Municipal Government.
SB 120. By Senator Richardson of the 13th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Oglethorpe, and for other purposes.
Referred to the Committee on Municipal Government.
SB 91. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to use of voting machines in counties having a population of 300,000 or more, and for other purposes.
Referred to the Committee on Municipal Government.
The following Resolution of the House was taken up for consideration and read:
MONDAY, FEBRUARY 14, 1955
703
HR 180. By Messrs. Moate of Hancock and Groover of Bibb:
A RESOLUTION
Be it Resolved by the House that the Rules of the House be amended in the following particulars:
1. That Rule No. 46, in reference to the filing and introduction of Bill and Resolutions be amended by adding the following provisos:
(a) The Clerk of the House is hereby directed to introduce, in the name of the author or authors, in the numerical order in which they stand, all general bills and resolutions remaining on the General Calendar at the completion of business on Friday, February 18, 1955, which have been favorably reported by a Committee of the House, provided a written request to said Clerk is made by the author or authors, or one of them, within ten days after the adjournment of the regular session of 1955.
It is further provided that said bills, when so introduced, will be read the first time on the first day of the regular session beginning on the second Monday in January, 1956, and that said bills shall be considered as favorably reported on the second day of said session, without further committee action, and read the second time on the second day of said session, after which they will be placed on the General Calendar for consideration on the third and succeeding days, unless recommitted.
(b) All Resolutions providing for payment of damages or claims to injured persons or corporations, on the General Calendar at close of business on February 18, 1955, or in the Committee on such date, shall likewise be introduced by the Clerk under the same conditions outlined above. Damage or compensation claims reported unfavorably by the Committee to which referred, shall not be covered by this amendment to the Rules.
(c) In order to facilitate the introduction and consideration of Bills and Resolutions by the House, the Clerk of the House is hereby directed to staff the Clerk's office seven (7) days before the convening of the regular 1956 session of the General Assembly in order that Members of the House may file copies of proposed legislation with the Clerk for introduction and first reading on the first day of said session. The Clerk is directed to print sufficient copies of said legislation for distribution to the members. The filing time specified in Rule 46 shall not apply in this instance, but after the convening of said session, Rule 46 shall apply.
The Clerk is authorized to employ and compensate the staff of the Clerk's office for the seven days in the same manner and under the same conditions as now provided under H. R. No. 3, adopted at the beginning of the 1955 session.
(d) The above amendments shall not apply to Senate Bills and Resolutions.
(e) The above amendments shall remain in force and effect only for the time specified in the 1956 regular session, and thereafter shall automatically be repealed.
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The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 145, nays 0.
The resolution was adopted.
The following Report of the Committee on Rules was read and adopted:
Monday, February 14, 1955
REPORT OF COMMITTEE ON RULES: Mr. Speaker:
Pursuant to Rule No. 53, Your Committee on Rules has met and submits the following as the Special Order of Business for Monday, February 14, 1955-the Bills and Resolutions to be called in the order they appear:
1. H.B. No. 282 Visually Handicapped 2. H.B. No. 145 Structural Pest Control 3. H.B. No. 335 Uniform Support Law 4. H.B. No. 141 Liability Insurance 5. H.R. 57-197a Oil Well, $250,000.00 6. H.B. No. 465 Tax, Cigars, Cigarettes 7. H.B. No. 418 Pensions, Firemen 8. H.B. No. 551 Malt Beverages, Manufacture 9. H.B. No. 460 Revenue Commissioner 10. H.B. No. 461 Supervisor Purchases 11. H.B. No. 462 Highway Board 12. H.B. No. 463 Veteran's Director 13. H.B. No. 304 Chiropody, Practice of 14. H.B. No. 7 Public Hospitals and Health Centers 15. H.B. No. 99 Banks and Banking Associations; taxation 16. H.B. No. 112 Year's support; minors
17. H.B. No. 150 Misdemeanors to serve under County Authorities
18. H.B. No. 520 Parole, revocation without hearing House Bills with Senate Amendments, Reports of Conference Committees and Privilege Resolutions, may be called up by the Speaker at any time. In event the above calendar is exhausted, the Speaker, in his dis-
MONDAY, FEBRUARY 14, 1955
705
cretion, may call up any bill or resolution on the general calendar, in any order he deems advisable.
Respectfully submitted,
Groover of Bibb, Vice-Chairman.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on State of Republic, read the second time and recommitted:
HB 530. By Messrs Underwood of Bartow and Groover of Bibb: A Bill to be entitled an Act to amend an Act establishing an employees retirement system, 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 557. By Messrs. Foster and Blalock of Clayton: A Bill to be entitled an Act to create a charter for the City of Ellenwood, and for other purposes.
The following Resolution of the House was read and adopted:
HR 181. By Messrs. Souter of Macon and Coxwell of Lee: A Resolution extending cordial birthday wishes to Honorable Steve M. Cocke, and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 188. By Mr. H. Smith of Fulton: A Bill to be entitled an Act to amend an Act so as to authorize municipalities to regulate traffic within the corporate limits, and for other purposes.
The following Senate amendment was read: Senator Jones of 18th moves to amend HB 188 by striking the
figures 114,000 wherever the same may appear therein, and substituting in lieu thereof the figures 108,000.
Mr. Sanders 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 HB 188 was agreed to.
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The following Bill of the House was taken up for the purpose of considering the Senate's insistence on Senate substitute which had been disagreed to by the House:
HB 234. By Messrs. Watson of Dougherty, Gunter of Hall and others:
A Bill to be entitled an Act to provide for the recording of affidavits showing facts affecting title to land, and for other purposes.
Mr. Watson of Dougherty moved that the House insist on its position and that a Committee on Conference be appointed to confer with a like Committee on the part of the Senate:
The motion prevailed.
The Speaker appointed as a Committee on Conference on the part of the House the following members of the House: Messrs. Watson of Dougherty, Carlisle of Bibb and Bolton of Spalding.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 170. By Messrs. Willingham of Cobb, Groover of Bibb and others:
A Bill to be entitled an Act to provide for the presenting of an affidavit showing the payment of all ad valorem taxes before the issuance of license tags, and for other purposes.
The following Senate amendments were read:
The Senate amends HB 170 by adding a new Section to be known as Section 6 A reading as follows:
SECTION 6 A
Applications for registration, including the affidavits hereinbefore referred to covering all license tags that will be purchased at the State Capitol shall be handled in the same manner as provided in Section 6.
By striking Section 7 and inserting a new Section 7 reading as follows:
"In lieu of presenting the affidavits as hereinbefore provided, all persons, firms and corporations who are required to file annual property tax returns with the State Revenue Commissioner shall include in such property tax return to the State Revenue Commissioner a list of all vehicles used or domiciled in this State on January 1st of that year and shall, prior to obtaining license tags for such vehicles for the following year file with the State Revenue Commissioner an affidavit that all taxes for the preceding year on such vehicles have been paid, and said Commissioner shall issue to each such corporation a certificate for the purchase of motor vehicle license tags for the current year. In lieu of presenting the affidavits as hereinbefore provides, all persons, firms or corporations who are required to make application to the Georgia Public
MONDAY, FEBRUARY 14, 1955
707
Service Commission for registration of motor vehicles, shall, prior to obtaining license tags for such vehicles for the following year, present an affidavit that the tax lawfully required for the preceding year on such vehicles has been paid."
Further Amend HB 170 by striking from the caption the words "or who are registered with the Public Service Commission" and by adding after the words "during the previous year," the words "to provide that persons and corporations who are required to make application to the Georgia Public Service Commission for registration of motor vehicles, shall, prior to obtaining tags therefor, present an affidavit that the tax lawfully required for the preceding year on such vehicles has been paid".
Mr. Willingham of Cobb moved that the House agree to the Senate amendments.
On the motion to agree, the ayes were 113, nays 0.
The Senate amendments to HB 170 were agreed to.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 143. By Messrs. Murphey of Crawford, Willingham of Cobb and others:
A Bill to be entitled an Act to amend the Code relating to age limit for children entering public schools, and for other purposes.
The following Senate amendment was read:
The Education and Public Schools Committee of the Senate moves
to amend House Bill # 143 by striking the word "January" in line 5
of the title of said bill and inserting in lieu thereof the word "November 1." By striking in Section 1 of said bill on line 5 the word "January" and inserting in lieu thereof the word "November 1." By striking in line 13 of Section 1 the word "January" and inserting in lieu thereof the word "November 1."
The following amendment to the Senate amendment was read and adopted:
Mr. Groover of Bibb moves to amend the Senate amendment to HB 143 by striking the word "November" wherever it appears and inserting in lieu thereof the word "December".
Mr. Groover of Bibb moved that the House agree to the Senate amendment, as amended.
On the motion to agree, the ayes were 120, nays 2.
The Senate amendment, as amended, was agreed to.
Under the order of business established by the Committee an Rules, the following Bill of the House was again taken up for consideration:
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HB 282. By Messrs. Terrell of Decatur, Perkins of Carroll and others:
A Bill to be entitled an Act to create the Georgia Commission for the Visually Handicapped, and for other purposes.
An amendment offered by Mr. Chambers of Richmond was read and adopted. Four amendments offered by the Committee on State of Republic were read and adopted.
Mr. Coker of Cherokee moved that further consideration of HB 282 be postponed indefinitely.
On the motion to postpone indefinitely, Mr. Terrell of Decatur moved the ayes and nays, and the call was not sustained.
On the motion to postpone indefinitely, the ayes were 109, nays 37.
The motion prevailed and further consideration of HB 282 was postponed indefinitely.
Mr. Terrell of Decatur gave notice that at the proper time he would move that the House reconsider its action in postponing indefinitely further consideration of HB 282.
Mr. Groover of Bibb 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.
AFTERNOON SESSION The Speaker called the House to order.
Under the order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 145. By Messrs. Ray of Warren, Groover of Bibb and others:
A Bill to be entitled an Act to create a Structural Pest Control Commission, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to be entitled the "Structural Pest Control Act," so as to define words and terms used herein; to create a "Structural Pest Control Commission;" to provide for the composition of the Commission, their terms and method of selection; to prescribe the duties of the Commission; to provide for the compensation of the Commission; to provide for a Secretary to the Commission and to define his duties; to prohibit the performance of pest control operations without a license; to provide for the examination of persons performing operations under this Act; to prescribe qualifications of applicants for license under this
MONDAY, FEBRUARY 14, 1955
709
Act; to provide for the revocation or suspension of licenses; to provide that licenses granted hereunder shall not be transferable; to provide that a licensed person shall have charge of a business or branch office thereof; to provide for a registration and license fee; to provide for the collection of license and registration fees and disposition thereof; to provide for inspectors to enforce the provisions of this Act, their duties, salary and selection; to provide for service on nonresidents under this Act; to provide for hearings by the Commission and conduct thereof; to provide for records of such hearings; to provide exceptions for persons now engaged in business covered by this Act; to prescribe punishment for violation of this Act; to provide a severability clause; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act may be cited as the "Structural Pest Control Act".
SECTION 2.
Unless the context indicates otherwise, the following definitions shall apply for the purposes of this Act and rules and regulations made pursuant to this Act;
a. "Structural Pest Control"-control of wood destroying organisms or fumigation, the identification of infestations or infections, the making of inspections, the use of pesticides including insecticides, repellants, rodenticides and fumigants, as well as all other substances, mechanical devices or structural modifications under whatever name known, for the purpose of preventing, controlling and eradicating insects, vermin, rodents and other pests in household structures, commercial buildings and other structures, including adjacent outside areas, as well as all phases of fumigation, including treatment of products by vacuum fumigation, and the fumigation of railroad cars, trucks, ships and airplanes.
b. "Commission"-means the Structural Pest Control Commission.
c. "Licensee"-the designated person or persons in charge of the business establishment or business entity, whether it be an individual, firm, partnership, corporation, association or any organization, or any combination thereof, engaged in pest control work covered under the provisions of this Act.
d. "Employee"-any person employed by a licensee with the exceptions of clerical, janitorial, or office maintenance employees, or those employees performing work completely disassociated with the control of insects, pests, rodents, and the control of wood destroying organisms.
e. "Branch Office"-any place of doing business which has two or more employees engaged in the control of insect pests, rodents, or wood destroying organisms.
f. "Applicant"-any persons or any person in charge of any individual, firm, partnership, corporation, association, or any other organization or any compination thereof, making application for a license to
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engage in operations coming under the provisions of this Act, or any other person qualified under this Act.
g. "Fumigants"-any substance which by itself or in combination with any other substance emits or liberates a gas or gases, fumes or vapors, and which gas or gases, fumes or vapors when liberated and used will destroy vermin, rodents, insects, and other pests, but are usually lethal, poisonous, noxious, or dangerous to human life.
h. "lnsecticides"-substances, not fumigants, under whatever name known, used for the destruction or control of insects and similar pests.
i. "Rodenticides"-substances, not fumigants, under whatever name known, whether poisonous or otherwise, used for the destruction or control of rodents.
j. "Repellants"-substances, not fumigants, under whatever name known, which may be toxic to insects and related pests, but generally employed because of their capacity for preventing the entrance or attack of pests.
SECTION 3.
There is hereby created a Structural Pest Control Commission, hereafter referred to as Commission. The Commission shall consist of five members and shall be appointed by the Governor, subject to removal for nonperformance of duties or malpractice in office. One of the members shall be an employee of the State Department of Entomology. One member shall be an employee of the State Department of Agriculture. One member shall be an employee from the Entomology Department of the University System. Two members shall be residents of this State who are engaged in the pest control industry. The Governor shall by appointment, fill any vacancies that may occur.
SECTION 4.
The terms of the members of the Commission shall be five years except that the initial members shall be appointed, one for a term expiring July 1, 1956; one for a term expiring July 1, 1957; one for a term expiring July 1, 1958; one for a term expiring July 1, 1959; one for a a term expiring July 1, 1960. No member of the Commission who is a member of the pest control industry at large and who is appointed for a full five year term shall succeed himself. This prohibition against succession does not apply to the representative of the State Department of Entomology, State Department of Agriculture or the Representative of the University System.
SECTION 5.
The Commission shall elect from its membership a Chairman who shall be elected annually by the members of the Commission by a majority vote. Three members of the Commission shall constitute a quorum, but no action shall be taken without three votes in accord. The Commission shall determine the place and frequency of their meetings.
SECTION 6.
The Commission is hereby authorized and required to:
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711
a. Make such reasonable rules and regulations as may be necessary to protect the interest, health and safety of the public and to insure the efficiency of operators to carry out the provisions of this Act. Such rules and regulations shall not be effective until a public hearing shall have been granted and notification of such hearings have been made to all licensees.
b. To provide for either an oral or written examination for applicants. The frequency of such examination to be at the discretion of the Commission, based upon the number of applications received, but not less than two such examinations shall be held annually. The examination shall cover those phases of structural pest control and/or the control of wood destroying organisms and/or fumigations for which application is made. The Commission shall give one examination for one fee covering structural pest control if the applicant seems so to qualify and one license shall so issue. The Commission shall be entitled to collect from each applicant who makes application to take the examination to become a licensed structural pest control, wood destroying organism operator or fumigator, the sum of ten dollars as an examination fee. Any or all examinations may be taken for the payment of one fee and in case the applicant shall not be licensed, he or she shall have the right to take the examination again at the next scheduled examination, without the payment of an additional fee.
c. Make an annual report to the Governor of the activities, expenditures, receipts and other matter pertinent to the operation of the Commission, a copy of which shall be filed by the Secretary of State.
d. To issue licenses to those persons qualifying under the provisions of this Act. To collect for the issuing of such license a fee of not more than $15.00 per annum. The license to expire on June 30 of each year and shall be renewable each year, unless revoked for cause.
e. To issue certificates of registration under the provisions of the Act. To collect a registration fee of not more than $1.00 per annum for each registration certificate.
f. To adopt a seal and alter the same at the pleasure of the Commission.
g. To hold hearings, subpoena witnesses and compel the production of documents and papers.
h. To employ counsel to assist the Commission in the performance of their duties.
SECTION 7.
Each member of the Commission shall receive $10.00 per diem while actually attending to work of the Commission and shall be reimbursed for his actual travel and other necessary expenses incurred in the performance of his duties.
SECTION 8.
The Joint Secretary of the State Examining Board shall be Secretary to this Commission. The Secretary shall issue such licenses and certificates and perform such other duties as the Commission shall direct to carry out the provisions of this Act.
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SECTION 9.
a. No person, firm, corporation, association, or any other organization or combination thereof shall engage in or supervise work as a manager, owner, or owner-operator in structural pest control, control of wood destroying organisms, fumigation or related work unless they shall first secure a license issued for that purpose by the Commission.
b. No employee shall engage in field work covered by the provisions of this Act unless the employee is registered under this Act or is performing his duties under the supervision of a registered employee.
c. This Act shall not apply to any person doing work on his own property or on any regular employee of any person, firm or corporation doing work on the property of such person, firm or corporation, under the direct supervision of the person who owns or has charge of the property on which the work is being done. Provided, however, that nothing herein shall authorize any person to endanger the public health or safety through the use of any chemical or substance.
d. This Act shall not apply to agents or agencies of the Federal, State, County or City Governments.
SECTION 10.
a. All applicants for examination for license must have a knowledge of the practical and scientific facts underlying the practice of structural pest control, control of wood destroying organisms and fumigation and the necessary knowledge and ability to recognize and control those hazardous conditions which may affect human life and health.
b. Present satisfactory evidence to the Commission concerning his or her qualifications and must include at least one of the following:
1. One year as an employee, employer, or owner-operator in the field of structural pest control, control of wood destroying organisms or fumigation, for which license is applied or,
2. One or more years training in specialized pest control, control of wood destroying organisms and/or fumigation under University or College supervision may be substituted for practical experience at the ratio of one year of schooling for one-fourth year practical experience, or;
3. A degree from a recognized college or university with advanced training or major in entomology, sanitary or public health engineering, or related subjects, including sufficient practical experience of structural pest control work under proper supervision.
SECTION 11.
A license may be declared invalid by a majority vote of the Commission, after a hearing has been held, when the licensee has violated any provisions of this, or any rules or regulations promulgated by the Commission pursuant to this Act. The following shall be included in the grounds for revocation of licenses; Misrepresentations for the purpose of defrauding; deceiving or defrauding; the making of a false statement with knowledge of its falsity for the purpose of inducing
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713
others to act thereon to their detriment; the use of methods or materials which are not suitable for the purpose contracted for; failure of the license holder to give to the Commission, or its authorized representative upon request or demand, true information regarding methods and materials used, work performed, or other information essential to the administration of this Act; failure of the license holder to make registrations herein required or failure to pay the registration fee; any intentional misrepresentation in the application for a license. These grounds are not exclusive and the Commission shall determine whether to revoke a license or not.
SECTION 12.
A license shall not be transferable. When there is a change in the status of the qualified person operating a business license, the business establishment or business entity, or branch office, whether it be an individual, firm, partnership, corporation, association, or any organization or any combination thereof, shall have ninety days or until the next meeting of the Commission following the expiration of said ninety day period to designate a person to qualify under the provisions of this Act.
SECTION 13.
Each branch office or business establishment is to be in charge of a person who has a license herein provided for.
SECTION 14.
The fee for the issuance of a license shall be $15.00 annually, and the licenses shall expire on June 30th of each year and shall be renewable each year, unless revoked for cause. The license holder shall register with the Secretary the names of all solicitors and servicemen (not common laborers) and shall pay to the Commission a registration fee of $1.00 at the time each name is registered, which shall be within thirty days after employment. All registrations expire when the license expires. Each employee for whom application is made and a fee is paid, shall be issued a registration certificate, which shall be carried on his or her person at all times when performing work. The registration certificate shall be displayed upon request to the person or persons for whom such work is being performed. The licensee shall be responsible for making application for an operator's registration certificate for any regularly employed servicemen and training the serviceman in the kind of work which he shall perform. The provisions above applying to Operators Registration Certificate shall also apply to all regularly employed salesmen or estimators. The licensee shall be responsible for making application for an Operator's Registration Certificate for salesmen or estimators and training the salesmen or estimators in the kind of work they shall perform. It shall be unlawful for a serviceman, salesman, or estimator to actually engage in the performance of work covered by this Act without having such registration card in his possession, provided that the licensee shall have thirty days after employing a serviceman, salesman or estimator within which to apply for an Operator's Registration Certificate. The Operator's Registration Certificate provided for hereunder shall be effective only while the serviceman,
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salesman or estimator shall remain in the employ of the licensee making the original application.
SECTION 15.
All fees collected under this Act shall be deposited with the Joint Secretary, who shall account for all monies derived under the provisions of this Act, and shall pay the same monthly to the State Treasurer.
SECTION 16.
The State Department of Entomology, in order to enforce the provisions of this Act shall be and it is hereby authorized and empowered to appoint one and not more than four qualified inspectors. Such qualified inspectors shall be known as Structural Pest Control Qualified Inspectors of the State Department of Entomology and these inspectors shall be under the jurisdiction and immediate supervision and control of the State Department of Entomology, at and for the yearly salary or salaries to be fixed by the State Merit Board. The State Department of Entomology shall see to the proper compliance with the provisions of this Act by making periodical and unannounced inspections of any materials used or work done by individuals, firms, partnerships, corporations, association, or any other organizations or any combination thereof, engaged in the business of structural pest control, wood destroying organism control, or fumigation in this State. It shall be the further duty of the qualified inspectors of this State to promptly and diligently report to the State Department of Entomology all violations of the provisions of this Act or of any other law now or hereafter enacted regulating and/or governing the practice of structural pest control, wood destroying organisms control or fumigation and/or the operation of a structural pest control business in this State.
SECTION 17.
Every nonresident owner or licensee shall designate a resident agent upon whom service of notice or process may be made to enforce the provisions of this Act or any liabilities arising from operations hereunder. In the event on resident agent is designated, the Secretary of State shall be the resident agent of the nonresident for services or process.
SECTION 18.
Proceedings under this Act shall be taken by the Commission for matters within its knowledge or upon accusations based on information of another. The accusation must be in writing and under oath, verified by the person making the same. If the accusation is made by a member of the Commission, he shall be disqualified from sitting in judgment of the hearing of the accusation. Upon receiving an accusation, the Commission shall serve notice, by registered mail, of the time and place of the hearing, and a copy of the charges upon the accused at least thirty days before the hearing. The Commission for sufficient cause, may postpone or continue the hearing from time to time in its discretion. If after proper notice no appearance is made by the accused, the Commission may enter judgment at the time of hearing as prescribed herein either by suspending or revoking the license of the
MONDAY, FEBRUARY 14, 1955
715
accused. Both the Commission and the accused may have the benefit of counsel and the right to examine and cross-examine witnesses, take the depositions and compel attendance of witnesses as in civil cases by subpoena issued by the Secretary of the Commission under the seal of the Commission and in the name of the people of this State. The testimony of all witnesses at the hearing shall be under oath. Nothing herein shall deny any person his resort to the courts after exhausting the administrative remedies provided herein.
SECTION 19.
A record of all hearings and judgments shall be kept by the Secretary of the Commission and in the event of suspension or revocation of a license, the Commission shall, within ten days, transmit a certified copy of the judgment of the Commission to the clerk of the Superior Court of the county of the residence of the accused.
SECTION 20.
The provisiOns of this Act as to examinations required of applicants for a business license shall not apply to any proposed licensee who has been actively engaged in and maintained a place of business for the purpose of controlling and/or exterminating insect pests, rodents, and/or control of wood destroying organisms by the use of chemicals, for a period of six months next preceding the effective date of this Act, either as an owner, or designated person in charge of a place of business, and so engaged and who maintained a place of business in this State at the time this Act takes effect. The above provisions shall apply also to discharged service personnel or former members of the armed Forces of the United States who apply for said business licenses within six months of their discharge if satisfactory evidence is submitted that the applicant was actively engaged in such work as set forth in this Act in this State immediately preceding the beginning of such service. The above provisions as to the issuance of a license under this section shall be limited to the issuance of one license to a designated licensee at each business entity or branch office thereof, if said entity or branch office was in existence at least six months prior to the effective date of this Act.
SECTION 21.
Any person violating any provision of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as prescribed by law.
SECTION 22.
If any clause, sentence, paragraph, section or part of this Act shall for any reason be declared unconstitutional it shall not affect the validity of any remaining part of this Act.
SECTION 23.
This Act shall become effective July 1, 1955.
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SECTION 24.
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 110, nays 0.
The bill having received the requisite constitutional majority, was passed, by substitute.
Under the order of the business established by the Committee on Rules, the following Resolution of the House was taken up for consideration read the third time:
HR 57-197a. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the payment of $250,000.00 in connection with the bringing in of the first commercial oil well in this State; 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:
SECTION 1.
Article VII, Section I, Paragraph II, Subparagraph I of the Constitution, relative to gratuities, as amended by an amendment ratified in 1950 and found in Georgia Laws 1950, page 480, is hereby amended by striking the language added by said 1950 amendment, which reads as follows:
"Provided, however, that the General Assembly is hereby authorized to provide by law for the payment of one hundred thousand dollars ($100,000.00) to the first person, firm, partnership or corporation which puts down and brings in the first commercial oil well in the State of Georgia, provided said commercial oil well shall be a well producing at least 250 barrels of oil per day as determined by State Geologist." and substituting in lieu thereof the following:
"Subject to the provisions hereinafter set out, the Governor is hereby authorized and directed to pay the sum of $125,000.00 to the first person, firm, partnership or corporation which puts down and brings in the first commercial oil well in the State of Georgia. Such well must produce at least 100 barrels of oil per day and the determination as to whether such well is producing this amount is hereby vested in the Director of the Department of Mines, Mining, and Geology. Upon certification of this fact by said Director, the Governor shall make such payment. In addition to such payment the Governor shall also pay the sum of $125,000.00 to the owner of the land on which
MONDAY, FEBRUARY 14, 1955
717
such well is located. The total of the aforesaid sums, $250,000.00, is hereby appropriated for the fiscal year in which payments are to be made by the Governor." so that said Subparagraph 1, when so amended, shall read as follows:
"1. The General Assembly shall not by vote, resolution or order, grant any donation or gratuity in favor of any person, corporation or association. Subject to the provisions hereinafter set out, the Governor is hereby authorized and directed to pay the sum of $125,000.00 to the first person, firm, partnership or corporation which puts down and brings in the first commercial oil well in the State of Georgia. Such well must produce at least 100 barrels of oil per day and the determination as to whether such well is producing this amount is hereby vested in the Director of the Department of Mines, Mining and Geology. Upon certification of this fact by said Director, the Governor shall make such payment. In addition to such payment the Governor shall also pay the sum of $125,000.00 to the owner of the land on which such well is located. The total of the aforesaid sums, $250,000.00, is hereby appropriated for the fiscal year in which such payments are to be made 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. Such proposed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of the amendment to the Constitution so as to authorize and direct the Governor to pay the sum of $125,000.00 to the first person, firm, partnership or corporation bringing in the first commercial oil well in this State, and the sum of $125,000.00 to the owner of the land on which such well is located.
"Against ratification of the amendment to the Constitution so as to authorize and direct the Governor to pay the sum of $125,000.00 to the first person, firm, partnership or corporation bringing in the first commercial oil well in this State, and the sum of $125,000.00 to the owner of the land on which such well is located."
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 such amendment shall be ratified as provided in said Paragraph of the Constitution, it 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
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JOURNAL OF THE HOUSE,
the result to the Governor, who shall, if such amendment be ratified make proclamation thereof.
The following substitute, offered by Messrs. Cloud and Terrell of Decatur, was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the payment of $250,000.00 in connection with the bringing in of the first commercial oil well in this State; 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.
SECTION 1
Article VII, Section I, Paragraph II, Subparagraph I of the Constitution, relative to gratuities, as amended by an amendment ratified in 1950, and found in Georgia Laws 1950, p. 480, is hereby amended by striking the language added by said 1950 amendment, which reads as follows:
"Provided, however, that the General Assembly is hereby auauthorized to provide by law for the payment of one hundred thousand dollars ($100,000.00) to the first person, firm, partnership, or corporation which puts down and brings in the first commercial oil well in the State of Georgia, provided said commercial oil well shall be a well producing at least 250 barrels of oil per day as determined by State Geologist."
and by substituting in lieu thereof the following:
"The General Assembly is authorized to provide by law for the payment of two hundred and fifty thousand dollars ($250,000.00) to the first person, firm or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this State. Such well must produce at least 100 barrels of oil per day and the determination as to whether such well is producing this amount is hereby vested in the Director of the State Department of Mines, Mining and Geology. Said law shall provide for the distribution of said amount as the General Assembly may by statute provide between the company or individual who drills or causes to be drilled said well, the contractor who furnishes the equipment, among such workmen and employees actually engaged in the job, and to the mineral and/or property owner where the well is drilled. The General Assembly shall provide for the method of payment by the Governor."
so that Subparagraph I when so amended shall read as follows:
"1. The General Assembly shall not by vote, resolution, or order grant any donation or gratuity in favor of any person, corporation or association. The General Assembly is authorized to provide by law for the payment of two hundred and fifty thousand dollars ($250,000.00) to the first person, firm or corporation, or combination thereof, which puts down and brings in the first com-
MONDAY, FEBRUARY 14, 1955
719
mercia! oil well in this State. Such well must produce at least 100 barrels of oil per day, and the determination as to whether such well is producing this amount is hereby vested in the Director of the State Department of Mines, Mining and Geology. Said law shall provide for the distribution of said amount as the General Assembly may by statute provide between the company or individual who drills or causes to be drilled said well, the contractor who furnishes the equipment, among such workmen and employees actually engaged in the job, and to the mineral and/or property owner where the well is drilled. The General Assembly shall provide for the method of payment 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. Such proposed amendment shall be submitted as provided in said Paragraph.
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 Governor to pay the sum of two hundred and fifty thousand dollars ($250,000.00) to the first person, firm, corporation, or combination thereof, in bringing in the first commercial oil well in this State."
"Against ratification of amendment to Constitution so as to authorize the Governor to pay the sum of two hundred and fifty thousand dollars ($250,000.00) to the first person, firm, corporation, or combination thereof, in bringing in the first commercial oil well in this State."
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 such amendment shall be ratified as provided in said Paragraph of the Constitution, it 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, by substitute.
On the adoption of the resolution, by substitute, the roll call was ordered and the vote was as follows:
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JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Allen Ayers Barber of Jackson Baughman Bentley Birdsong Black Blackburn Bloodworth Bodenhamer Boggus Brannen Caldwell Campbell Carlisle Cates Chambers Cheatham Cheek Clary Cloud Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Deen Denmark Denson Duncan Elder English Eyler Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Goodson Green of Rabun Greene of Crisp Grimsley Groover
Gross of Stephens Gross of Dade Gunter Hardaway Harrell Harris Harrison of Wayne Hawkins Hayes Henderson Hendrix Houston Huddleston Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Sumter Kelley Kennedy of Tattnall Killian King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long
Lowe Mackay Martin Mashburn Matheson of Hart Matthews Mauldin McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman
Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Peacock Perkins Peters Pettey Phillips of Columbia Potts Ray Reed Register Roughton Rowland Russell Sanders Scoggin Singer Sivell Smith of Evans Smith of Emanuel Sognier Souter Stephens of Clarke Strickland Stripling Tamplin Tanner Tarpley Todd Truelove Turk Twitty Underwood of Bartow Upshaw Veal Walker Watson Williams Willingham Wilson of Towns Wilson of Peach Wright Young
By unanimous consent, vertification of the roll call was dispensed with.
On the adoption of the resolution, by substitute, the ayes were 147, nays 0.
MONDAY, FEBRUARY 14, 1955
721
The resolution having received the requisite two-thirds constitutional majority, was adopted, by substitute.
Under the order of business established by the Committee on Rules, the following Bills of the House were again taken up for consideration:
HB 335. By Messrs. Willingham of Cobb, Stripling of Coweta and others:
A Bill to be entitled an Act to extend by reciprocal legislation the enforcement of the duties of support, and for other purposes.
An amendment offered by the Committee was read.
An amendment to the Committee amendment, offered by Mr. Stripling of Coweta, was read and adopted.
The Committee amendment, as amended, was adopted.
An amendment offered by Mr. Sanders of Richmond was read and adopted.
An amendment offered by Mr. Lokey of Fulton was read and adopted.
An amendment offered by Mr. Lokey of Fulton was read and adopted.
An amendment offered by Mr. Freeman of Monroe was read and adopted.
An amendment offered by Mr. Stripling of Coweta was read and 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 93, nays 22.
The bill having failed to received the requisite constitutional majority, was lost.
Mr. Stripling of Coweta gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 335.
HB 141. By Messrs. McKenna of Bibb, Deen of Bacon and Jackson of Jones:
A Bill to be entitled an Act to provide for compulsory liability insurance on motor vehicles, and for other purposes.
A Committee substitute was read.
An amendment to the substitute, offered by Mr. Carlisle of Bibb, was read and adopted.
An amendment to the substitute, offered by Mr. Sanders of Richmond, was read and adopted.
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JOURNAL OF THE HOUSE,
An amendment to the substitute, offered by Mr. Harrison of Wayne, was read and adopted.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 73, nays 55.
The bill having failed to receive the requisite constitutional majority, was lost.
Mr. Carlisle of Bibb gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 141.
HB 465. By Messrs. Moate of Hancock, Groover of Bibb, Twitty of Mitchell and Drinkard of Lincoln:
A Bill to be entitled an Act to repeal an Act and re-enact same so as to impose a tax on sales and use of cigars and cigarettes, and for other purposes.
An amendment offered by Mr. Jones of Laurens was read and lost.
The following amendment was read and adopted:
Messrs. Nightingale of Glynn, Twitty of Mitchell and Watson of Dougherty move to amend HB 465 by inserting in Section 4a after the word "value" and before the word "according" the words "such percentages to be based on brackets according to volume of cigarettes handled by such distributor", by adding the same words at the end of Section 4b, and by striking the period now at the end of Section 46 and inserting in lieu thereof a comma.
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. 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 Allen Ayers Barber of Colquitt Baughman Bentley Birdsong
Black Blackburn Boggus Brown Caldwell Campbell Cates
Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee
MONDAY, FEBRUARY 14, 1955
723
Coker of Walker Cornelius Cotton Cowart Coxwell Deal Deen Denmark Denson Drinkard Duke Edenfield Elder Eyler Fain Flynt Foster Fowler of Douglas Fowler of Tift Goodson Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Hall Hardaway Harrell Harris Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Houston Hudson lvey
Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Sumter Kelley Kilgore
King of Whitfield King of Chattahoochee King of Pike Lam Lanier Lindsey Love Lowe Mackay Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McGarity McKelvey McKenna Moore Moorman Murphey of Crawford Murphy of Haralson Murr Musgrove Nilan Odom Palmer Parker
Peacock Peters Pettey Phillips of Columbia Potts Ray Register Rodgers Roughton Rowland Sanders Scoggin Sheffield Singer Smith of Emanuel Sognier Souter Stephens of Clarke Strickland Stripling Tamplin Tanner Tarpley Terrell Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Williams Willingham Wilson of Towns Wilson of Peach Wooten
Those voting in the negative were Messrs.:
Carlisle Duncan Garrard
Lokey Pickard Reed
Russell Stevens of Marion Young
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 133, nays 9.
The bill having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
724
JOURNAL OF THE HOUSE,
Under the order of business established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 551. By Messrs. Moate of Hancock, Willingham of Cobb and others:
A Bill to be entitled an Act to provide for the manner of revoking and renewing licenses for the manufacture of malt 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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen Barber of Colquitt Baughman Bentley Birdsong Black Blackburn Bloodworth Boggus Bolton Brown Caldwell Campbell Carlisle Cates Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deen Denmark Drinkard Duke Edenfield Elder English Fain Floyd Flynt
Fordham Foster Fowler of Douglas Garrard Gilleland Goodson Green of Rabun Groover Gross of Stephens Gross of Dade Hall Hardaway Harrell Harris Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hogan Huddleston Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Laurens Jones of Sumter Kelley Kilgore Killian King of Chattahoochee King of Pike Kitchens
Lam Land Lanier Lavender Lindsey Lokey Love Lowe Martin Mashburn Massee Matheson of Hart Mathis of Lowndes McGarity McKelvey McKenna Mincy Moore Moorman Murphey of Crawford Murr Musgrove Nightingale Nilan Odom Palmer Parker Peacock Perkins Peters Pettey Phillips of Columbia Pickard Potts Ray Reed Register
MONDAY, FEBRUARY 14, 1955
725
Rodgers Rowland Russell Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Hoke Smith of Fulton
M. M. Smith of Fulton Sognier Souter Strickland Stripling Tamplin Tanner Terrell Todd Truelove Turk
Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Willingham Wilson of Peach Young
Those voting in the negative were Messrs.:
Ayers Bodenhamer Eyler Fowler of Tift Freeman Frier
Greene of Crisp Houston King of Whitfield Long Mackay Mobley
Murphy of Haralson Roughton Stevens of Marion Tarpley Wilson of Towns
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 142, nays 17.
The bill having received the requisite constitutional majority, was passed.
HB 460. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to provide that the State Revenue Commissioner shall be ineligible for certain elective 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 106, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 461. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend the Code so as to provide that the Supervisor of Purchases shall be ineligible for certain elective 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 119, nays 0.
The bill having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 463. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act so as to provide that the Director of the State Department of Veterans Service shall be ineligible for certain elective offices, and for other purposes.
The following amendment was read and adopted:
Mr. Floyd of Chattooga moves to amend HB 463 by striking Section I in its entirety.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
HB 462. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act so as to provide that all the members of the State Highway Board shall be ineligible for certain elective 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 113, nays 0.
The bill having received the requisite constitutional majority, was passed.
Under the order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 304. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend the Code regulating the practice of Chiropody, and for other purposes.
The report 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 order of business established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
MONDAY, FEBRUARY 14, 1955
727
HB 7. By Messrs. Mincy of Ware, Harrison of Wayne and others:
A Bill to be entitled an Act to amend an Act authorizing grants for the construction of public hospitals, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act authorizing the State of Georgia to make grants to assist in the construction of public hospitals and public health centers, approved February 7, 1949 (Ga. Laws 1949, p. 263), as amended by an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Session, p. 214), so as to increase the coverage of said Act; to change the citation of the Federal Act; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act authorizing the State of Georgia to make grants to assist in the construction of public hospitals and public health centers, approved February 7, 1949 (Ga. Laws 1949, p. 263), as amended by an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Session, p. 214), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows:
"Section 1. That the State of Georgia is hereby authorized to make grants to any county, municipality, or any combination of the same, or any hospital authority to assist in the construction of publicly owned and operated hospitals, health centers, diagnostic or treatment centers, rehabilitation facilities, and nursing homes.
(a). Grants made pursuant to this Act shall be in an amount equal to one-third (%) of the allowable cost of construction of such publicly owned and operated hospitals, health centers, diagnostic or treatment centers, rehabilitation facilities, and nursing homes, provided, that such a grant shall not exceed $500,000.00 to projects under construction or pending and awaiting approval upon the passage of this Act or any projects submitted for approval after the passage of this Act.
(b). In the event the ratio of Federal grants authorized under Title VI of the Public Health Service Act, as amended, is increased by Act of the Congress, the ratio of State grants authorized under this Act may bear a reduced per centum of the cost of such construction, provided that the aggregate of federal and State grants shall not be less than 66% per centum of the total allowable cost of such construction.
(c). Grants made pursuant to this Act shall be in date sequence of approval for Federal funds by the Surgeon General of the United States Public Health Service.
(d). No part of the net earnings of publicly owned and operated
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JOURNAL OF THE HOUSE,
hospitals, health centers, diagnostic or treatment centers, rehabilitation facilities and nursing homes constructed with the assistance of a grant under this Act shall inure to the benefit of any private corporation or individual.
(e). Any grant made pursuant to this Act shall be contingent on the approval for that project of a Federal grant approved by the Surgeon General of the U. S. Public Health Service, under the provisions of Title VI of the Public Health Service Act, as amended."
SECTION 2.
Said Act is further amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2, to read as follows:
"Section 2. That in order to assist the several counties, municipalities or any combination of the same; or any Hospital Authorities created under the "Hospital Authorities Law," such funds as are appropriated for each fiscal year for the construction of publicly owned and operated hospitals, health centers, diagnostic or treatment centers, rehabilitation facilities, and nursing homes shall be expanded in accordance with the provisions of this Act.
SECTION 3.
Said Act is further amended by striking in its entirety Section 3 and inserting in lieu thereof a new Section 3, to read as follows:
"Section 3. That the State Board of Health is to be the sole agency for the administration of these State funds and that the administration of these funds will be done in direct conjunction with the administration of Federal funds under Title VI of the Public Health Service Act, as amended."
SECTION 4.
Said Act is further amended by striking in its entirety Section 4 and inserting in lieu thereof a new Section 4, to read as follows:
"Section 4. That the terms "hospital", "public health center", diagnostic or treatment center", "rehabilitation facility", "nursing home", and "construction" or "cost of construction" whenever used or referred to in this Act shall have the same meanings as respectively ascribed to them in Title VI of the Public Health Service Act, as amended."
SECTION 5.
Said Act is further amended by striking in its entirety Section 5 and inserting in lieu thereof a new Section 5, to read as follows:
"Section 5. That the establishment of hospital service areas, the determination of relative need, the priority of projects, and the standards of construction shall be consistent with Title VI of the Public Health Service Act, as amended, and the Federal regulations prescribed thereunder."
MONDAY, FEBRUARY 14, 1955
729
SECTION 6.
Said Act is further amended by striking in its entirety paragraph (d) of Section 7 and inserting in lieu thereof a new paragraph (d) , to read as follows:
"(d) If any publicly owned and operated hospital, health center, diagnostic or treatment center, rehabilitation facility or nursing home for which funds have been paid under this section shall at any time within 20 years after the completion of construction be sold or used for any purpose contrary to the provisions under which the grant was made, and such change in use is not approved by the State Board of Health, the State of Georgia shall be entitled to recover from either the transfer or the transferee such per centum of the then value of such publicly owned and operated hospital, health center, diagnostic or treatment center, rehabilitation facility or nursing home as the state grant bore to the total construction cost of that publicly owned and operated hospital, health center, diagnostic or treatment center, rehabilitation facility, or nursing home, as determined by agreement of the parties or by action brought in court in the due process of law."
SECTION 7.
Provided however, that any provisions of this Act to the contrary notwithstanding no State appropriated funds shall be committed or expended for the purpose of aiding in the cost of diagnostic or treatment centers, hospitals for chronically ill, rehabilitation facilities, or nursing homes until the General Assembly has appropriated funds in the General Appropriation Act for the specific purposes enumerated in the provisions of this Section.
SECTION 8. 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 107, nays 2.
The bill having received the requisite constitutional majority, was passed, by substitute.
HB 221. By Messrs. Murphey of Crawford, Brannen of Dooly and Jessup of Bleckley: A Bill to be entitled an Act to amend the Code 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 112, nays 0.
The bill having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 311. By Messrs. Short of Colquitt, Sanders of Richmond and others:
A Bill to be entitled an Act to amend an Act establishing juvenile courts, and for other purposes.
The following amendment was read and adopted:
Mr. Sanders of Richmond moves to amend HB 311 by adding the language "or which can be made available" after the word "available'' as the same now appears on line 27 of Section 1 of the Bill.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 107, nays 0.
The bill having received the requisite constitutional majority, was passed, as amended.
HB 520. By Messrs. Rowland of Johnson and Coker of Cherokee:
A Bill to be entitled an Act to amend an Act so as to authorize the revocation of a parole without a hearing in certain cases, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 1.
The bill having received the requisite constitutional majority, was passed.
HB 504. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend the Code so as to increase the compensation of the members of the Board of Dental Examiners, and for other purposes.
The report 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 410. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to provide that no person 75 years of age or older shall be eligible to serve as a member of a county police force, and for other purposes.
An amendment offered by the Committee was read and adopted.
MONDAY, FEBRUARY 14, 1955
731
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 22, nays 84.
The bill having failed to receive the requisite constitutional majority, was lost.
HB 112. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that the right of a minor to a year's support shall be defeated by marriage or death, and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to provide that the right of a minor to a year's support shall be barred by the marriage or death, or arrival of age of said minor prior to the filing of the application for such year's support, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:
SECTION 1.
The right of a minor to a year's support from the estate of a decedent shall be barred by the death of said minor or by the marriage of said minor or by said minor's attaining the age of 21 years, prior to the filing of the application for such year's support.
SECTION 2.
If any provisiOn of this Act, or the application thereof to any person or circumstances is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be effected thereby.
SECTION 3.
All laws and parts of laws in conflict herewith are hereby repealed.
The following amendment was read and adopted:
Mr. Veal of Putnam moves to amend the substitute to HB 112 by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, reading as follows:
"Section 1. The right of a minor to a year's support from the estate of a deceased parent shall be barred by the death of said minor, or by the marriage of said minor, or by said minor's attaining the age of 21 years, prior to the filing of the application for such year's support."
732
JOURNAL OF THE HOUSE,
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 103, nays 0.
The bill having received the requisite constitutional majority, was passed, by substitute, as amended.
The following Resolution of the House was read and adopted:
HR 184. By Mr. Lavender of Elbert:
A Resolution commending Honorable E. N. Claughton, President of the Hotel Urmey, for his forthright action, and for other purposes.
Mr. Groover of Bibb moved that the House do now adjourn until 9:30 o'clock tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock tomorrow morning.
TUESDAY, FEBRUARY 15, 1955
733
House of Representatives, Atlanta, Georgia. Tuesday, February 15, 1955.
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 the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Boggus of Ben Hill, 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 335. By Messrs. Willingham of Cobb, Stripling of Coweta and others: A Bill to be entitled an Act to improve by reciprocal legislation the enforcement of duties of support, and for other purposes.
Mr. Carlisle of Bibb asked unanimous consent that the House reconsider its action in failing to pass the following Bill of the House:
HB 141. By Messrs. McKenna of Bibb, Deen of Bacon and Jackson of Jones:
A Bill to be entitled an Act to provide for compulsory motor vehicle liability insurance, and for other purposes.
Objection was heard, and Mr. Carlisle of Bibb moved that the House reconsider its action in failing to pass HB 141.
On the motion to reconsider, the ayes were 79, nays 41.
The motion prevailed and the House reconsidered its action in failing to pass HB 141.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House. 2. First reading and reference of House Bills and Resolutions. 3. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported.
734
JOURNAL OF THE HOUSE,
5. Third reading and passage of local uncontested bills and local bills with general application.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 578. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to amend an Act entitled An Act to enlarge the power, authority and jurisdiction of the Georgia Public Service Commission so as to authorize said Commission to issue certificates of public convenience and necessity to telephone corporations, companies, or persons, firms or associations owning, leasing, or operating a telephone service or telephone line in this State and to cooperative, non-profit, membership corporations, or limited dividend or mutual associations as defined in the Act; and for other purposes.
Referred to the Committee on State of Republic.
HR 185-578a. By Mr. Long of Murray:
A Resolution to designate State Route 225 as the Joseph Vann Highway, and for other purposes.
Referred to the Committee on Historical Research.
HB 579. 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.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Short of Colquitt 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 566. Do Pass.
HB 565. Do Pass.
HB 568. Do Pass. HB 569. Do Pass. HB 575. Do Pass.
HB 570. Do Pass.
HB 572. Do Pass.
TUESDAY, FEBRUARY 15, 1955
735
HB 560. Do Pass. HB 576. Do Pass.
Respectfully submitted, Short of Colquitt, Chairman.
Mr. Cocke of Terrell County, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 518. Do Pass.
Respectfully submitted,
Cocke of Terrell,
Chairman.
Mr. Carlisle of Bibb County, Chairman of the Committee on General Judiciary No. 2, submitted the following report: Mr. Speaker:
Your Committee on General Judiciary No. 2 has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 402. Do Not Pass. Respectfully submitted, Carlisle of Bibb, Chairman.
Mr. Mashburn of Forsyth County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report: Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 466. Do Pass.
SB 78 Do Pass.
Respectfully submitted,
Mashburn of Forsyth,
Chairman.
736
JOURNAL OF THE HOUSE,
Mr. Russell of Barrow County, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 86. Do Pass.
Respectfully submitted,
Russell of Barrow,
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:
SB 7. Do Not Pass.
SB 67. Do Pass.
SB 6. Do Pass. HB 491. Do Pass, as amended.
Respectfully submitted,
Jones of Lumpkin,
Chairman.
Mr. H. 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 House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 563. Do Pass.
HB 561. Do Pass.
HB 571. Do Pass.
HB 559. Do Pass. HB 574. Do Pass. HB 577. Do Pass.
HB 558. Do Pass.
TUESDAY, FEBRUARY 15, 1955
737
HB 564. Do Pass. HB 557. Do Pass, as amended. SB 92. Do Pass. SB 112. Do Pass. SB 97. Do Pass. HR 183-577b. Do Pass. SB 72. Do Pass. SB 120. Do Pass. HB 562. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.
Mr. Ramsey of Effingham 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:
HR 127-449a. Do Pass. HR 172-550d. Do Pass. HR 182-577a. Do Pass.
SR 29. Do Pass. SR 34. Do Pass.
Respectfully submitted, Ramsey of Effingham,
Chairman.
Mr. Mathis of Lowndes County, Vice-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 Vice-Chairman, to report the same back to the House with the following recommendation:
HR 171-550c. Do Pass. Respectfully submitted,
Mathis of Lowndes,
Vice-Chairman.
738
JOURNAL OF THE HOUSE,
Mr. Hawkins of Screven 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 107. Do Pass.
SB 53. Do Pass.
SB 105. Do Pass.
Respectfully submitted,
Hawkins of Screven,
Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 89. Do Pass.
Respectfully submitted,
Drinkard of Lincoln,
Chairman.
Mr. Drinkard of Lincoln 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 170-550b. Do Pass.
Respectfully submitted,
Drinkard of Lincoln,
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:
TUESDAY, FEBRUARY 15, 1955
739
HB 148. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to amend Code Section 84-102 relating to a salary term and the office of joint-secretary of the Georgia State Board of Funeral Services; and for other purposes.
HB 240. By Mr. Drinkard of Lincoln:
A Bill to be entitled an Act to ratify, approve and confirm the executive order of the Governor suspending the collection of all annual license fees for the operation of each motor bus used as a carrier for hire; and for other purposes.
HB 260. By Messrs. Turk of Wilcox, Groover of Bibb and others:
A Bill to be entitled an Act to amend Chapter 38-2 of the Code relating to the admissibility of evidence; and for other purposes.
HB 307. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend an Act known as the "NonProfit Medical Service Act of 1950", so as to provide that the definition of "Medical services" shall include Doctors of Dental Surgery; and for other purposes.
HB 324. By Messrs. Willingham of Cobb, Rowland of Johnson and others:
A Bill to be entitled an Act to amend an Act known as the "Unemployment Compensation Law to extend coverage to employers with four or more employees"; and for other purposes.
HB 367. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Roswell; and for other purposes.
HB 383. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act creating a new charter for the city of Jesup; and for other purposes.
The Senate has passed by substitute the requisite constitutional majority the following bill of the House to wit:
HB 35. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to place the Sheriff, the Superior Court and the Ordinary of Dougherty County on a salary basis, etc.; and for other purposes.
The Senate has agreed to the House Amendments to the following Bill of the Senate:
SB 36. By Senator Parker of the 20th: A Bill to be entitled An Act to amend an Act creating a Board of Com-
740
JOURNAL OF THE HOUSE,
missioners of Roads and Revenues for Baldwin County, so as to increase the number of commissioners; to provide for the method of electing commissioners; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate to wit:
SB 96. By Senator Raulerson of the 46th:
A Bill to amend the Act known as the Minimum Foundation Program of Education Act, so as to provide that Boards of Education may elect teachers and contract therewith without the recommendation of the School Superintendents; and for other purposes.
SB 99. By Senators Turner of the 34th and Harper of the 26th:
A Bill to amend Section 56-224 of the Code of Georgia relating to authorized investments by insurance companies, so as to authorize additional investments for insurance companies; and for other purposes.
SB 103. By Senator McDonald of the 43rd:
A Bill to provide for the liability of the owner of any motor vehicle which may be operated upon the public highways, roads or streets of this State in the prosecution of the business of the owner or for the benefit of the owner; and for other purposes.
SB 114. By Senators McBride of the lOth, Blalock of the 36th, Harden of the 27th, Jones of the 38th, Morrison of the 15th, Seagraves of the 30th, Parker of the 20th, Toms of the 12th, Lovett of the 16th and Overby of the 33rd:
A Bill to amend Chapter 26-45 of the Code of Georgia of 1933 as amended so as to provide that it shall be a felony for any person confined or imprisoned for the violation of a municipal ordinance or State law to escape or attempt to escape; to provide that it shall be a felony for any person to aid or attempt to aid or assist a prisoner to escape or attempt to escape; and for other purposes.
SB 122. By Senator Lambert of the 28th:
A Bill to be entitled an Act to provide for a clerk of the Board of Commissioners of Roads and Revenue of Putnam County; to provide a salary and to provide the duties of said clerk; and for other purposes.
SB 117. By Senator Paulk of the 45th:
A Bill to be entitled an Act to amend the Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin so as to add two additional members to the Board of Commissioners of Roads and Revenue of Irwin County; to provide for their election; to provide for a vice chairman of said Board; to provide for purchases made by said Board; to change the salaries of the members of said Board; and for other purposes.
TUESDAY, FEBRUARY 15, 1955
741
SR 32. By Senator Overby of the 33rd:
A Resolution to amend the Resolution approved December 10, 1953 establishing the Georgia Commission on Education so as to direct said Commission to submit findings and drafts of suggested laws to each session of the General Assembly held during the continuance of said 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 558. By Messrs. McKenna, Carlisle 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.
HB 559. By Messrs. Coker and Campbell of Walker:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Chickamauga, and for other purposes.
HB 560. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Walton County, and for other purposes.
HB 561. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend the charter of the City of Griffin, and for other purposes.
HB 562. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta relating to the establishment of a pension plan for employees of the Fire Department and Police Department of the City Council of Augusta, and for other purposes.
HB 563. By Messrs. McKenna, Groover and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act to re-enact the Charter of the City of Macon, and for other purposes.
HB 564. By Messrs. McKenna, Carlisle 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.
HB 565. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act entitled An Act to place the Sheriff of Laurens County and his deputies on a salary basis; and for other purposes.
742
JOURNAL OF THE HOUSE,
HB 566. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act establishing the City Court of Dublin, and for other purposes.
HB 568. By Mr. Martin of Banks:
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 Banks County, and for other purposes.
HB 569. By Mr. lvey of Newton:
A Bill to be entitled an Act to amend an Act entitled An Act to repeal an Act so as to provide a board of directors for Newton County, and for other purposes.
HB 570. By Mr. Ivey of Newton:
A Bill to be entitled an Act to amend an Act entitled An Act to fix the salary of the Treasurer of Newton County, and for other purposes.
HB 571. By Mr. Coker of Cherokee:
A Bill to be entitled an Act to amend an Act establishing a new chartel for the City of Canton, and for other purposes.
HB 572. By Mr. Coker of Cherokee:
A Bill to be entitled an Act to create the Cherokee County Water Authority and to authorize such authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, and for other purposes.
HB 574. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to repeal the provision for the taxation of corporations within the City of Commerce, and for other purposes.
HB 575. By Mr. Truelove of White:
A Bill to be entitled an Act to amend an Act entitled An Act to create a Board of County Commissioners of Roads and Revenues for the County of White, and for other purposes.
HB 576. By Mr. Parker of Appling:
A Bill to be entitled an Act to prohibit the hunting of deer with dogs in the County of Appling, and for other purposes.
HB 577. By Messrs. Hall, Scoggin and Wright 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, and for other purposes.
TUESDAY, FEBRUARY 15, 1955
743
SB 107. By Senator Page of the 1st:
A Bill to be entitled an Act to amend an Act pertaining to examination and registration of architects; and for other purposes.
SR 34. By Senator Morrison of the 15th:
A Resolution authorizing and directing the State Librarian to furnish to the Superior Court of Montgomery County certain volumes of law books, and for other purposes.
SR 29. By Senator Neel of the 7th:
A Resolution authorizing the Librarian to furnish certain law books to Thomas County, and for other purposes.
SB 53. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to amend an Act so as to provide that the liability of an agent, person, or corporations who shall endeavor to bind a non-existing principle on a contract with any third person, persons or corporation shall be determined by the rule of law now existing in this State relative to determining the liability of an agent who has exceeded his authority in contracting in behalf of his principle; and for other purposes.
SB 97. By Senator Ricketson of the 19th:
A Bill to be entitled an Act to create and incorporate the City of Warrenton in lieu of the Town of Warrenton, and for other purposes.
SB 105. By Senator Raulerson of the 46th, and others:
A Bill to be entitled an Act to amend an Act which provided a salary for the Solicitor-General of the Waycross Judicial Circuit, and for other purposes.
HB 491. By Messrs. Perkins of Carroll, Matheson of Hart, Stripling of Coweta, Elder of Oconee and Floyd of Chattooga:
A Bill to be entitled an Act to provide for the issuance of automobile license tags to disabled veterans; and for other purposes.
HR 172-550d. By Mr. Rowland of Johnson:
A Resolution to furnish law books to the Superior Court of Johnson County; and for other purposes.
SB 112. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Act establishing a new charter for the city of College Park, so as to provide for four wards, and for other purposes.
HR 182-577a. By Mr. Russell of Barrow: A Resolution authorizing and directing the State Librarian to furnish
744
JOURNAL OF THE HOUSE,
certain books to the County Commissioners of Barrow County, and for other purposes.
HR 183-577b. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Resolution to establish a commission on public education for the City of Atlanta and Fulton County, to define its duties and authority and to provide necessary funds to effectuate the purposes hereof, and for other purposes.
HR 171-550c. By Messrs. Coker of Cherokee and Gilleland of Dawson:
A Resolution to authorize the Governor to sell approximately fifty eight (58) acres of land owned by the State of Georgia in Forsyth County and Dawson County, Georgia, which have never been granted by the State, and for other purposes.
SB 89. By Senators Overby of the 33rd, Waters of the 41st, Millican of the 52nd, Jones of the 38th, Lovett of the 16th and Harden of the 27th:
A Bill to be entitled an Act to prohibit the throwing or depositing of trash, garbage or other substance upon the public roads or public property of this State, and for other purposes.
SB 92. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Act repealing all laws passed incorporating the City of Manchester, to provide for incorporating said City under the name of College Park; and for other purposes.
HB 466. By Mr. Fowler of Tift:
A Bill to be entitled an Act to amend an Act relating to the administration of the food and drug Acts, so as to provide an increase in the license fee for wholesale fish dealers and for other purposes.
SB 6. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to fees for licensing of vehicles, so as to remove the provision relative to the designation on license tags of the different classes of vehicles; and for other purposes.
SB 72. By Senator Page of the 1st:
A Bill to be entitled an Act to amend an Act providing for the payment of pensions to employees who have been affiliated with any nursing service or agency who has worked under the supervision of the City Health Officer and Director of Nurses prior to becoming an employee of the City of Savannah; and for other purposes.
SB 78. By Senator Neel of the 7th:
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 the residence of the foster parents shall be inserted on the substitute
TUESDAY, FEBRUARY 15, 1955
745
birth certificate in place of the actual place of birth of the adopted person; and for other purposes.
SB 120. By Senator Richardson of the 13th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Oglethorpe, and for other purposes.
SB 67. By Senator Millican of the 52nd:
A Bill to be entitled an Act to place restrictions upon county officials and other public officials and employees thereof relative to a list of owners of motor vehicles furnished by the State Revenue Commissioner; and for other purposes.
HR 127-449a. By Mr. Baughman of Early:
A Resolution authorizing and directing the State Librarian to furnish certain books to the Clerk of the Superior Court of Early County, and for other purposes.
SB 86. By Senators Hollis of the 24th and Overby of the 33rd:
A Bill to be entitled an Act to amend an Act relating to the capital stock of insurance companies, 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 557. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to create a charter for the City of Ellenwood, and for other purposes.
The following amendment was read and adopted:
Messrs. Foster and Blalock of Clayton move to amend HB 557 in the following particulars:
Section 25. By inserting in Line 3, after the word "same" and ahead of the comma, the words "except property of an existing public utility".
Section 26. By inserting in Line 2, after the word "City" and ahead of the comma, the words "except property of an existing public utility".
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.
746
JOURNAL OF THE HOUSE,
HB 552. By Messrs. Hall, Wright and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Tax Commissioner 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 556. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Board of Education of Richmond County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill having received the requisite constitutional majority, was passed.
SB 77. By Senator Woods of the 49th:
A Bill to be entitled an Act to amend an Act so as to provide the methods of filling vacancies in the Board of Commissioners of Roads and Revenues of Evans County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 90. By Senator Page of the 1st:
A Bill to be entitled an Act to establish a metropolitan planning district for Chatham County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 108. By Senator Florence of the 39th: A Bill to be entitled an Act to amend an Act creating the Board of
TUESDAY, FEBRUARY 15, 1955
747
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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 38-130c. By Mr. Roughton of Washington: A Resolution designating two bridges in Washington County as the Bolden S. Cobb Bridges, 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 112-369f. By Mr. Flynt of Taliaferro: A Resolution ratifying an easement granted by the State of Georgia to the Board of Education of 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 110, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SR 32. By Senator Overby of the 33rd: A Resolution to amend the Resolution establishing The Georgia Commission on Education; and for other purposes.
Referred to the Committee on State of Republic.
SB 96. By Senator Raulerson of the 46th: A Bill to be entitled an Act to amend the Act known as the Minimum
748
JOURNAL OF THE HOUSE,
Foundation Program of Education Act, so as to provide that boards of education may elect teachers and contract therewith without the recommendation of the school superintendent, and for other purposes.
Referred to the Committee on Education # 1.
SB 99. By Senators Turner of the 34th and Harper of the 26th:
A Bill to be entitled an Act to amend an Act relating to authorized investments by insurance companies, and for other purposes.
Referred to the Committee on Insurance.
SB 103. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to provide for the liability of the owner of any motor vehicle which may be operated upon the public highways, roads or streets of this State in the prosecution of the business of the owner or for the benefit of the owner; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 114. By Senators Morrison of the 15th, McBride of the lOth, and Blalock of the 36th and others:
A Bill to be entitled an Act to amend an Act so as to provide that it shall be a felony for any person confined or imprisoned for the violation of a municipal ordinance or State law to escape or attempt to escape; and for other purposes.
Referred to the Committee on Penitentiary.
SB 117. By Senator Paulk of the 45th:
A Bill to be entitled an Act to amend the Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 122. By Senator Lambert of the 28th:
A Bill to be entitled an Act to provide for a clerk of the Board of Commissioners of Roads and Revenue of Putnam County; and for other purposes.
Referred to the Committee on Counties and County Matters.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Municipal Government, read the second time and recommitted:
SB 73. By Senator Lovett of the 16th:
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.
TUESDAY, FEBRUARY 15, 1955
749
The following Report of the Committee on Rules was read and adopted: REPORT OF THE COMMITTEE ON RULES
Mr. Speaker: Your Committee on Rules submits the following report as the calendar for
the 15th of February, 1955-the bills to be called in the order listed. Unless otherwise specified, your Committee recommends as a condition of assignment that debate on all measures unless otherwise specified be limited to 20 minutes.
A HB 412. (1) HB 418. Pensions, Firemen (20 to side). (2) HB 101. Reduce Age, Legal Majority. (3) HB 99. Taxation of Banks (30 minutes to side). (4) HR 112-369f. Ratify Easement, Taliaferro County. (5) HB 150. Misdemeanors, punishment. (6) HB 199. Chaplain, Judge Appoint. (7) HB 397. Juvenile Court Act, amend. (8) HB 398. Brunswick Port Authority. (9) HB 499. Gun Shell Dealers, repeal tax. (10) HB 517. Notes, due date. (11) HB 519. Regulate bids, Highway Department. (12) HB 531. Investment, Peace Officers Fund. (13) HR 140-495e. Land, Thomaston. (14) HB 490. Bar Examinations, Resident. (15) HB 326. Liens, Motor Vehicles. (16) HB 459. Liquified Petroleum Gas. (17) HB 503. Anti-Freeze Substances. (18) HB 352. Temporary Medical License, aliens. (19) HB 407. Inoculate Dogs, Rabies. (20) HB 377. Barbers and Beauticians. (21) HB 449. Lunacy Trials, M.S.H. (22) HB 323. Compensation, Game and Fish Commission. (23) HB 421. Group Insurance, (county employees). (24) HB 331. Permanent Alimony. (25) HB 279. Minors, no electrocution. Compensation Resolutions, House Bills with Senate Amendments, Report of Conference Committees and Privilege Resolutions, may be called up by the Speaker at any time.
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JOURNAL OF THE HOUSE,
In event the above calendar is exhausted, the Speaker, in his discretion, may call up any bill or resolution on the general calendar, in any order he deems advisable.
Respectfully submitted,
Groover of Bibb,
Vice-Chairman.
Under the order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 412. By Mr. Reed of Cobb:
A Bill to be entitled an Act to provide for the disposition of notices of claims against deposits of insurance companies filed with the State Treasurer, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 123, nays 1.
The bill having received the requisite constitutional majority, was passed.
Under the order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 418. By Mr. Freeman of Monroe: A Bill to be entitled an Act to provide revenue for the purpose of paying pensions to firemen, and for other purposes.
The following amendment was read and adopted:
Mr. Freeman of Monroe moves to amend Section 7 of HB 418 by striking the figures "Fifty-three ($53.00) dollars" wherever the same appear and substituting in lieu thereof the figures "Fifty ($50.00) dollars".
The following Committee amendment was read:
The Committee on State of Republic moves to amend House Bill
# 418 by striking in its entirety Section 6 thereof and substituting in
lieu thereof a new Section 6 to read as follows:
Every fire insurance company, corporation or association doing business within the State of Georgia shall within ninety (90) days from December 31st of each year deliver and pay to the SecretaryTreasurer of the Georgia Firemen's Pension Fund one per cent of the gross premiums written by such insurance company, corporation or association on fire, lightning and wind storm insurance policies covering property within this State. This tax is in addition to any and all other
TUESDAY, FEBRUARY 15, 1955
751
premium taxes now imposed by law. In the event that any such fire insurance company, corporation or association shall knowingly or willfully fail to report and pay over the monies due on premiums as aforesaid, then the Secretary-Treasurer of the Georgia Firemen's Pension Fund shall report such delinquent to the Insurance Commissioner. The Insurance Commissioner is hereby authorized and directed upon receipt of such report to immediately cancel such delinquent's license to do business within the State of Georgia.
The following amendment to the Committee amendment was read and adopted:
Mr. Freeman of Monroe moves to amend the Committee amendment to HB 418 by adding a provision at the end thereof reading as follows: PROVIDED, premiums collected on fire, lightning and windstorm insurance policies covering property which is classified by the National Board of Fire Underwriters as unprotected property, shall be excluded in determining this tax.
The Committee amendment, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended.
On the passage of the bill, as amended, Mr. Freeman of Monroe 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 Allen Bagby Barber of Jackson Baughman Bentley Birdsong Blackburn Bloodworth Boggus Bolton Brown Caldwell Campbell Carlisle Cason Chambers Cheatham Cheek Clary Cloud Cocke Coker of Walker
Cornelius Cotton Cowart Coxwell Deal Deen Denson Duke Duncan Edenfield English Eyler Floyd Fordham Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover
Gross of Stephens Gross of Dade Gunter Hall Hardaway Harris Harrison of Wayne Hawkins Hayes Hogan Holley Hudson Ivey Jessup Johnson of Jenkins Jones of Lumpkin Jones of Laurens Jones of Sumter Kennedy of Tattnall Key Killian King of Whitfield King of Pike
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JOURNAL OF THE HOUSE,
Lam Land Lanier Lindsey Lokey Long Mackay Mallory Mas see Matheson of Hart Mathis of Lowndes Matthews Mauldin McKelvey Mincy Mobley
Moore Murphy of Haralson
Murr Musgrove Nightingale
Nilan Odom Parker Pelham Perkins Peters Pettey Phillips of Columbia Pickard Potts Ramsey
Reed Register Rodgers Roughton Rowland Russell Sanders Sivell Smith of Evans Smith of Emanuel
Sognier Souter Stephens of Clarke Stevens of Marion""' Strickland Stripling Tamplin Tanner Terrell Truelove Underwood of Bartow Upshaw Watson Weems Williams Willingham Wilson of Peach Wooten Young
Those voting in the negative were Messrs.:
Ayers Brannen Denmark Drinkard Elder Fain Fowler of Tift Goodson Henderson
Hendrix Huddleston Hurst Jackson Johnson of Gilmer Jones of Worth Kelley Moorman Murphey of Crawford
Palmer Peacock M. M. Smith of Fulton Todd Twitty Underwood of
Montgomery
Willis Wilson of Towns
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 123, nays 26.
The bill, having received the requisite constitutional majority, was passed, as amended.
Under the order of business established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 99. By Mr. Chambers of Richmond: A Bill to be entitled an Act to amend an Act relating to the taxation of banks and their branches, and for other purposes.
The following Committee substitute was read: A BILL
To be entitled an Act to amend Section 92-2406 of the Code of
TUESDAY, FEBRUARY 15, 1955
753
Georgia of 1933, which Code Section relates to the taxation of the shares of banks and banking associations and the real estate thereof, so as to provide that such banks or banking associations shall not be taxed upon their capital, but that the real estate and the shares of such banks or banking associations shall be taxed to provide the situs, manner and method of returning such shares for taxation and the payment of taxes thereon; to provide certain deductions from the value of said shares for the real estate of such banks or banking associations; to provide that, if a bank or banking association transfers deposits from one office or brance to another office or branch to shift the proportionate taxation of its shares from one county, municipality or taxing district to another county, municipality or taxing district, such transfer shall be wholly ineffective to accomplish such purpose, and to provide a penalty for making such a transfer; to provide that the method of taxation herein provided shall apply to banks or banking associations located in the State of Georgia, whether organized under the laws of this State or the United States; to provide that banks and trust companies doing a general banking business shall not be required to pay any income 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 AS FOLLOWS:
SECTION 1.
Section 92-2406 of the Code of Georgia of 1933, as amended by Section 11 of an Act approved March 28, 1935, and known as the "General Tax Act of 1935" (Ga. Laws 1935, pp. 11, 67), relating to the taxation of banks and banking associations organized under the laws of this State or the United States located within this State, is hereby amended by striking the same in its entirety and substituting in lieu thereof a new section to be numbered as Section 92-2406 of the Code and to read as follows:
"No tax shall be assessed upon the capital of banks or banking associations organized under the authority of this State or the United States located within this State, but the shares of the stockholders of the banks or banking associations, whether resident or non-resident owners, shall be taxed at their full market value, including surplus and undivided profits, at the same rate provided by law for the taxation of tangible property in the hands of private individuals, provided that nothing in this section shall be construed to relieve such banks or bankings associations from the tax on real estate held or owned by them, but they shall return said real estate at its true value in the county, municipality and taxing district where such real estate is located, provided further that when real estate is fully paid for the value at which it is returned for taxation may be deducted from the market value of their shares; and if sa1d 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 market value of their shares. The banks or banking associations themselves shall make the returns of their shares and pay the taxes thereon as herein provided. Banks or banking associations which have no branches shall return all of the shares of all stockholders of such banks or banking associations
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JOURNAL OF THE HOUSE,
for taxation in the counties, municipalities and districts in which such banks or banking associations are located. Banks or banking associations which have branches shall returns for taxation in the respective counties, municipalities and districts in which the banks or banking associations and their branches are located such proportion of the shares of all stockholders of such banks or banking associations as the total deposits on January 1 of each tax year originating in accounts attributable to each of such branches and the main office bear to the grand total of all deposits on January 1 of each tax year of such banks or banking associations and shall pay to the respective counties, municipalities and taxing districts the taxes on such proportions of said shares. At the time that a bank or banking association makes its tax returns in the respective counties, municipalities and taxing districts, the bank or banking association shall file with such return a sworn statement showing the total amount of deposits of such bank or banking association on January 1 of such tax year and the amount of the deposits on January 1 of such tax year originating in accounts attributable to the main office and attributable to the branch offices of such bank or banking association. The taxing authorities of each such county, municipality and taxing district are authorized to examine the books of such bank or banking association to determine the correctness of such sworn statement. Provided, further, that banks and trust companies doing a general banking business shall not be required to pay any income tax."
SECTION 2.
A transfer by a bank or banking association of deposits from one branch or office to another branch or office to secure a reduction in the rate of tax on its shares or to change the situs of taxation of any proportion of its shares shall be wholly ineffective for such purpose and the bank or banking association making such transfer shall pay to the county, municipality and taxing district from which was made such transfer, in addition to the tax hereinbefore imposed, twenty-five (25%) per cent. of that part of the taxes on its shares which would have been avoided if such transfer had changed the situs of taxation of a proportion of its shares.
SECTION 3.
All laws and parts of laws in conflict with this Act are hereby repealed.
The following substitute, offered by Mr. Register of Lowndes, was read:
A BILL
To be entitled an Act to amend Section 92-2406 of the Code of Georgia of 1933, relating to the taxation of banks and banking associations and branches thereof so as to provide that such banks, banking associations or branches of same shall not be taxed upon their capital but that the shares of stockholders thereof shall be taxed at their full market value; to provide the manner and method of returning such shares for taxation and the collection and payment of taxes thereon; to
TUESDAY, FEBRUARY 15, 1955
755
provide for certain deductions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Section 92-2406 of the Code of Georgia of 1933, as amended by Section II of an Act approved March 28, 1935 and known as the "General Tax Act of 1935" (Ga. Laws 1935, p. 11, 67) is hereby amended by striking the same in its entirety and substituting in lieu thereof a new Section to be numbered as Section 92-2406 and to read as follows:
"No tax shall be assessed upon the capital of banks or banking associations organized under the authority of this State or the United States located within this State, but the shares of the stockholders of the banks or banking associations, whether resident or non-resident owners, shall be taxed in the county where the banks or banking associations are located, and not elsewhere, at their full market value, including capital, surplus and undivided profits, at the same rate provided by law for the taxation of other property in the hands of private individuals: Provided, that nothing in this section shall be construed to relieve such banks or banking associations from county, district or municipal taxes 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 further, that when real estate is fully paid for, the value at which it is returned for taxation may be deducted from the market value of their shares returned for county, district, or municipal tax purposes; 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 market value of their shares returned for county, district, or municipal tax purposes. The banks or banking associations themselves shall make the returns of the property and the shares herein mentioned and pay the taxes herein provided. Banks, trust companies doing a general banking business and banking associations are hereafter referred to as 'Banks.' Banks having branches shall return for taxation and pay the taxes on all of their shares as follows:
"Such banks shall return all of their shares to the taxing authorities of the counties, municipalities and districts wherein is located their principal or home office. Such taxing authorities are hereafter referred to as "Principal Taxing Authorities.'' The return of such banks shall set forth (1) the full market value of all shares, including capital, surplus and undivided profits; (2) each county, municipality and district wherein is located a branch or branches of such bank giving their location; (3) the deposits as of January first of each such branch and of the principal or home office of the bank; and (4) the aggregate of all deposits as of January first in all branches and in the principal or home office of such banks.
"The Principal Taxing Authorities shall then proceed to determine, for the purposes of taxation, the value of all of the shares of such banks in the same manner as though the banks had no branch:
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JOURNAL OF THE HOUSE,
Provided that such value shall not be less than the value at which said shares were assessed for the calendar year 1954 by the taxing authorities of the county in which the principal office of such bank is located. The value of the shares so determined for taxation shall then be allocated to each county, municipality, and district where are located branch or branches and the principal or home office in the same proportion as the deposits of the branch or branches or principal or home office in the county, municipality or district bears to the total deposits of all the branches and the home office of the bank as of January first. Thereupon the Principal Taxing Authorities shall certify to the tax collectors of each county, municipality and district in which a branch or branches of the bank is located, and where is located the home or principal office, the assessed value of the shares of the bank so allocated to that county, municipality and district. The tax collectors of each county, municipality and district wherein is located a branch or branches or the principal or home office of such bank shall proceed to collect the taxes on the assessed value allocated to the county, municipality and district at the rate and in the manner as all other ad valorem taxes are collected on property located in the respective counties, municipalities, and districts. It is further provided that banks and trust companies doing a general banking business shall not be required to pay any income taxes.
SECTION 2. That all laws and parts of laws in conflict with this Act are hereby repealed.
Mr. H. Smith of Fulton moved the previous question on the bill and all substitutes and the call was sustained.
Mr. Groover of Bibb moved that further consideration of HB 99 be postponed until tomorrow morning.
On the motion to postpone, the ayes were 51, nays 82.
The motion to postpone was lost.
An amendment to the Committee substitute, offered by Messrs. Strickland of Toombs and Deen of Bacon, was read and lost.
The Committee substitute was adopted.
The substitute offered by Mr. Register of Lowndes was ruled out of order.
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. H. Smith of Fulton moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
TUESDAY, FEBRUARY 15, 1955
757
Those voting in the affirmative were Messrs.:
Adams Ayers Bagby Barber of Jackson Baughman Bentley Black Blackburn Bloodworth Bodenhamer Bolton Brannen Campbell Carlisle Cates Chambers Cheek Clary
Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deen Denson Duncan Fain Floyd Flynt Fowler of Douglas Freeman Frier Garrard Gilleland Goodson Green of Rabun Greene of Crisp Grimsley Groover
Gross of Dade Gunter Hall Hardaway Harrell Harris Hayes Henderson Hogan Holley Houston Hudson Hurst Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Kelley Key King of Whitfield King of Pike Lavender Lindsey Lokey Long
Love Mackay Mashburn Matthews Mauldin McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Murphey of Crawford
Murr
Nilan Palmer Parker Peacock Pelham Perkins Peters
Phillips of Columbia Pickard Raulerson Reed Register Rodgers Roughton Ruark Russell Sanders Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Souter Stephens of Clarke Stevens of Marion Tamplin Tanner Tarpley Terrell Todd Underwood of Bartow Upshaw
Veal Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Young
Those voting in the negative were Messrs.:
Allen Birdsong Boggus Brown Cheatham Deal Denmark Drinkard Duke
Elder Eyler Fordham Fowler of Tift Gross of Stephens Harrison of Jeff Davis Harrison of Wayne Hawkins Hendrix
Huddleston Jones of Worth Kitchen Lam Land Lanier Mallory Mas see Matheson of Hart
758
JOURNAL OF THE HOUSE,
McGarity Musgrove Nightingale Odom Pettey Potts
Ramsey Rowland Scoggin Smith of Evans Sognier
Strickland
Stripling Truelove Twitty Underwood of
Montgomery
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, by substitute, the ayes were 124, nays 43.
The bill having received the requisite constitutional majority, was passed, by substitute.
Mr. Willingham of Cobb asked unanimous consent that HB 99 be immediately transmitted to the Senate.
Objection was heard and Mr. Willingham of Cobb moved that HB 99 be immediately transmitted to the Senate.
On the motion, the ayes were 103, nays 17.
The motion prevailed, and HB 99 was ordered immediately transmitted to the Senate.
The following Resolutions of the House were read and adopted:
HR 186. By Messrs. Moate of Hancock, Groover of Bibb and Campbell of Walker:
A Resolution memorializing Congress that in the administration of our tariff policies and in the enactment of new tariff legislation adequate and effective safeguards be provided and enforced to protect the home markets for the products of our cotton farmers, and for other purposes.
HR 187. By Messrs. Fowler of Douglas and Moate of Hancock:
A Resolution commending Major General George G. Finch, and for other purposes.
HR 188. By Mr. Barber of Jackson:
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.
The following Resolution of the House was read and referred to the Committee on State of Republic:
HR 189. By Mr. Freeman of Monroe: A Resolution authorizing the investigation of the advisability of the
TUESDAY, FEBRUARY 15, 1955
759
installation of an electrical voting and tabulating mechanism in the House of Representatives, and for other purposes.
Mr. Groover of Bibb 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.
AFTERNOON SESSION The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 145. By Mr. Veal of Putnam:
A Resolution designating December 9th of each year as official Uncle Remus Day, and for other purposes.
HR 190. By Messrs. Mauldin of Gordon and Long of Murray:
A Resolution designating State Route 225 as the Joseph Vann Highway, and for other purposes.
HR 147. By Messrs. Perkins of Carroll, Matheson of Hart and others:
A Resolution petitioning Congress to equalize benefits under the Korean Veteran Farm Training Program, and for other purposes.
HR 191. By Messrs. Floyd of Chattooga, McKenna of Bibb and others:
A Resolution endorsing the objectives of the Veterans of Foreign Wars, and for other purposes.
HR 170-550b. By Messrs. Bentley of Cobb and Underwood of Bartow:
A Resolution directing the Georgia Public Service Commission to intervene in Interstate Commerce Commission Finance Docket No. 18845 as the official representative of the State of Georgia for the purpose of participating in all hearings and other proceedings in such docket as the interest of the State of Georgia in general and the Western & Atlantic Railroad in particular might appear, and for other purposes.
HR 170-550b was ordered immediately transmitted to the Senate.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HR 35. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to place certain officers of Dougherty County on a salary basis, and for other purposes.
The following Senate substitute was read:
760
JOURNAL OF THE HOUSE,
AN ACT
To place the Sheriff, the Clerk of the Superior Court, and the Ordinary of Dougherty County on a salary basis; to provide for deputies, employees and assistants; to provide for disposition of fees collected; to provide for reports and for the maintenance and inspection of books and records; to provide for salaries for deputies, employees and assistants; to provide for an effective date for this Act; to repeal conflicting laws and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION 1.
The Sheriff, the Clerk of the Superior Court, and the Ordinary of Dougherty County shall hereafter be paid salaries in lieu of all fees, as herein provided.
SECTION 2.
The salary of the Sheriff of Dougherty County shall be nine thousand five hundred dollars ($9,500.00) per annum. The salary of the Ordinary of Dougherty County shall be seven thousand five hundred dollars ($7,500.00) per annum. The salary of the Clerk of the Superior Court of Dougherty County, where such Clerk of the Superior Court likewise serves as Clerk of the City Court of Albany, shall be nine thousand five hundred dollars ($9,500.00) per annum. Each of said officials shall be paid monthly from the general funds in the county treasury.
SECTION 3.
The Sheriff shall be authorized to purchase four automobiles or motor vehicles, and the purchase price of such vehicles shall not exceed that paid by the Board of Commissioners of Roads and Revenues of Dougherty County for those automobiles used by the County Police Department. The Sheriff shall be authorized to trade any such vehicle at any time after it has been driven a minimum of 40,000 miles. Said vehicles are to be used exclusively by the Sheriff and his deputies in the performance of their official duties. The purchase price, fuel, maintenance and upkeep of said vehicles shall be paid by the authorities having charge of the fiscal affairs of said county out of the General funds of the county.
SECTION 4.
All office expenses incurred in carrying out the duties of the Ordinary, Sheriff, Clerk of the Superior Court of Dougherty County and the Clerk of the City Court of Albany, shall be paid directly to the supplier, or other person to whom payment for such expenses is due, from the general funds of said county.
SECTION 5. All fees, costs, percentages, forfeitures, penalties, allowances, and
TUESDAY, FEBRUARY 15, 1955
761
all other perquisites of whatever kind which are now or may hereafter be allowed by law to be received or collected as compensation for service by any of said officials or their deputies, including compensation received or collected by such officials or their deputies for serving as bailiffs, shall be received and diligently collected by all of said officials and each of them, for the sole use of Dougherty County, and shall be paid as public moneys belonging to Dougherty County and accounted for and paid over to the County Treasurer on the lOth day of each month. Each officer collecting such fees, costs, percentages, forfeitures, penalties, allowances and other perquisites shall at all times keep complete and accurate books of account showing all sums of every sort and nature due to his office, collected by his office or in any manner distributed by his office, and shall present to the County Treasurer with each payment a detailed itemized statement, under oath, showing all such collections and the sources from which collected. The County Treasury of Dougherty County shall keep a separate account showing the sources from which said funds were paid, and the Board of Commissioners of Roads and Revenues of Dougherty County and the Grand Jury of the Superior Court of said county shall have the right, at any time, to inspect the records of each, or any, such office or officer.
SECTION 6.
The Sheriff of Dougherty County shall have a Chief Deputy who shall receive four hundred fifty dollars ($450.00) per month, a Deputy who shall receive three hundred fifty dollars ($350.00) per month, a Deputy who shall receive three hundred twenty-five dollars ($325.00) per month, and a Deputy who shall receive three hundred dollars ($300.00) per month. The Clerk of the Superior Court, who is also serving as Clerk of the City Court of Albany, shall have a Chief Deputy Clerk who shall receive three hundred and fifty dollars ($350.00) per month, two assistant Clerks who shall receive two hundred twenty-five dollars ($225.00) per month each, and one typist who shall receive one hundred seventy-five ($175.00) per month. The Ordinary of Dougherty County shall have one Clerk who shall receive three hundred fifty dollars ($350.00) per month. All of the salaries provided by this section shall be paid directly to such deputies, assistants, and employees out of the general funds of said County.
SECTION 7.
Said Sheriff, Clerk and Ordinary shall, with the consent of the Judge of the Superior Court of Dougherty County, have the power to. employ such other assistants as they may deem necessary, but the compensation of any other employees of the Sheriff shall not exceed the base pay of Dougherty County Police while the compensation of any other such employees of the Clerk and Ordinary shall not exceed the salary hereinabove provided for assistant clerks of the Superior Court. The Sheriff, with consent of the Judge of the Superior Court of Dougherty County, may purchase such additional automobiles of the type described in Section 3, above, and on the terms and conditions set out in said Section 3, as may be required for the discharge of the duties of his office.
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JOURNAL OF THE HOUSE,
SECTION 8.
No part of this Act shall be interpreted so as to prevent the benefits given to officers under the Georgia Code, Title 58, Section 207 from being received by the officers who might otherwise be entitled thereto, nor shall this act deprive any of the officers from receiving rewards for the apprehension of criminals.
SECTION 9.
The provisions of this Act shall not become effective until January 1, 1957.
SECTION 10.
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 the undersigned will introduce at the 1955 session of the General Assembly of Georgia a bill to place, the Sheriff, the Clerk of the Superior Court and the Ordinary of Dougherty County on a salary basis; to provide for deputies, employees and assistants; to provide for disposition of fees collected; to provide for reports and for the maintenance and inspection of books and records; to provide for salaries for deputies, employees and assistants; to provide for the expenses incurred in carrying out the duties of the Ordinary, Sheriff and Clerk of Court; to provide for an effective date of this act; to repeal conflicting laws; and for other purposes.
G. Stuart Watson /s/ Representative, Dougherty County
GEORGIA, DOUGHERTY COUNTY.
The undersigned does hereby certify that he is publisher of the Albany Herald, a newspaper in which sheriff's advertisements for Dougherty County are published, and does further certify that an exact copy of the above notice was published in the Albany Herald on December 24 and 31, 1954, and January 7, 1955.
This 8 day of January, 1955.
JAMES H. GRAY /s/ James H. Gray
Sworn to and subscribed before me, Carol Parks /s/ Notary Public, Dougherty County, Ga. (SEAL).
Mr. Watson of Dougherty moved that the House agree to the Senate substitute to HB 35.
On the motion to agree, the ayes were 103, nays 0.
TUESDAY, FEBRUARY 15, 1955
763
The Senate substitute to HB 35 was agreed to.
The following Resolution of the Senate was read:
SR 33. By Senator Nee! of the 7th: A Resolution establishing a committee to study proposed revisions of the Workmen's Compensation Law, and for other purposes.
The following Committee amendment was read and adopted: The Committee on State of Republic moves to amend SR 33 by
striking the word "three" in line eleven and inserting in lieu thereof "two" and by changing the words "thirty" in the last line to "fifteen".
The resolution, as amended, was adopted.
Under the order of business established by the Committee on Rules, the following Resolutions of the House were taken up for consideration and read the third time:
HR 25-83a. By Messrs. Cates and Mobley of Burke:
A Resolution compensating Parker-White Motor Company for damages, and for other purposes.
The following Committee amendment was read and adopted:
Committee on Special Appropriation amends HR 25-83A to compensate Parker-White Motor Company for damages as follows:
By striking in their entirety the third and fourth lines of the second paragraph, and inserting in lieu thereof the following:
"and driven a 1952 Ford Fordor Sedan upon the highway near the Georgia State Prison and while driving the same upon the premises of the"
And reports the same with recommendation that it do pass as amended.
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 1.
The resolution having received the requisite constitutional majority, was adopted, as amended.
The resolution was ordered immediately transmitted to the Senate.
HR 39-130d. By Mr. Roughton of Washington: A Resolution compensating Oliver B. Humphrey for damages, and for other purposes.
764
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 106, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
The resolution was ordered immediately transmitted to the Senate.
HR 52-193c. By Messrs. Gunter and Williams of Hall:
A Resolution compensating Mr. Paul Fouts for damages, and for other purposes.
The following amendment was read and adopted:
Mr. Gunter of Hall moves to amend HR 52-193c by striking the last paragraph thereof and substituting in lieu thereof the following: "Now, therefore, be it resolved that the State Highway Department of Georgia is authorized and directed to pay the sum of $1,005.00 to Mr. Paul Fouts out of funds appropriated 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 106, nays 1.
The resolution, having received the requisite constitutional majority, was adopted, as amended.
The resolution was ordered immediately transmitted to the Senate.
HR 60-211a. By Mr. Musgrove of Clinch:
A Resolution compensating Maitland Smith 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 1.
The resolution having received the requisite constitutional majority, was adopted.
The resolution was ordered immediately transmitted to the Senate.
HR 73-266d. By Mr. Truelove of White:
A Resolution compensating Orner E. Craven for damages, and for other purposes.
TUESDAY, FEBRUARY 15, 1955
765
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.
The resoution was ordered immediately transmitted to the Senate.
HR 76-266g. By Mr. Smith of Emanuel: A Resolution compensating F. L. Spivey 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 1.
The resolution, having received the requisite constitutional majority, was adopted.
The resolution was ordered immediately transmitted to the Senate.
HR 81-297a. By Mr. Bloodworth of Houston:
A Resolution compensating Mr. and Mrs. H. H. Hill for damages, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Special Appropriations moves to amend HR 81-297a by striking the last section or paragraph and inserting in lieu thereof a new section as follows: "NOW, therefore, be it resolved by the House of Representatives, and the Senate concurring, that the Department of Public Safety is hereby ordered and directed to pay to the said Mrs. Henry Harold Hill the sum of two thousand dollars ($2,000.00) as compensation for injuries as set out above. Said Department is further ordered to pay to said Henry Harold Hill the sum of one thousand eight hundred dollars ($1,800.00) as compensation for his automobile and bodily injuries. These payments shall be made from 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 106, nays 1.
The resolution, having received the requisite constitutional majority, was adopted, as amended.
766
JOURNAL OF THE HOUSE,
The resolution was ordered immediately transmitted to the Senate.
HR 87-297g. By Mr. Mincy of Ware:
A Resolution authorizing payment of salary to Trooper Dessie Griffin of the State Patrol, 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.
The resolution was ordered immediately transmitted to the Senate.
HR 88-297h. By Mr. Cloud of Decatur:
A Resolution compensating George D. Whittaker for damages, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Special Appropriations moves to amend HR 88-297h by striking the words and figures "One Hundred and Thirty ($130.00) Dollars" from the last paragraph of said Resolution, and inserting in lieu thereof the words and figures "Twenty-Five ($25.00) 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 106, nays 1.
The resolution having received the requisite constitutional majority, was adopted, as amended.
The resolution was ordered immediately transmitted to the Senate.
HR 111-369e. By Mr. Kennedy of Turner:
A Resolution compensating J. C. Nolan 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 1.
The resolution having received the requisite constitutional majority, was adopted.
TUESDAY, FEBRUARY 15, 1955
767
The resolution was ordered immediately transmitted to the Senate.
HR 114-369h. By Mr. Bentley of Cobb:
A Resolution compensating Mr. and Mrs. T. P. Price 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 1.
The resolution having received the requisite constitutional majority, was adopted.
The resolution was ordered immediately transmitted to the Senate.
HR 118-392b. By Mr. Short of Colquitt:
A Resolution compensating Darrell Wiggins 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 1.
The resolution having received the requisite constitutional majority, was adopted.
The resolution was ordered immediately transmitted to the Senate.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 142. By Mr. Fowler of Tift:
A Bill to be entitled an Act to amend an Act so as to prohibit the use of virulent bog cholera virus, and for other purposes.
The following Senate amendment was read:
Senator Overby of the 33rd moves to amend HB 142 by adding the words "Georgia Poultry Improvement Association, Inc." after the word "Agriculture" in Section 2.
Mr. Fowler of Tift moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 110, nays 2.
The Senate amendment to HB 142 was agreed to.
768
JOURNAL OF THE HOUSE,
Under the order of business established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 199. By Mr. Strickland of Toombs: A Bill to be entitled an Act to provide that the judge of a Superior Court or a City Court shall appoint a chaplain and open his court with prayer, and for other purposes.
The following amendment was read and adopted: Mr. Lokey of Fulton moves to amend HB 199 by striking from Section 1 the word "shall" wherever it appears and substitute the
word "may".
An amendment offered by Mr. Boggus of Ben Hill 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 103, nays 14.
The bill having received the requisite constitutional majority, was passed, as amended.
HB 397. By Messrs. Nightingale and Killian of Glynn: A Bill to be entitled an Act to amend an Act so as to provide for the transfer of a child from juvenile courts to other 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 2.
The bill having received the requisite constitutional majority, was passed.
Messrs. Birdsong and Lam of Troup requested that the Journal show them as having voted against the passage of HB 397.
The bill was ordered immediately transmitted to the Senate.
HB 398. By Messrs. Nightingale and Killian of Glynn:
A Bill to be entitled an Act to amend an Act creating the Brunswick Ports Authority, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
TUESDAY, FEBRUARY 15, 1955
769
On the IJ assage of the bill, the ayes were 113 nays 0.
The bill having received the requisite constitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
HB 499. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act so as to remove the provisions 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 109, nays 1.
The bill having received the requisite constitutional majority, was passed.
Mr. Harrison of Wayne arose on a point of personal privileges and addressed the House.
By unanimous consent, the following Bill of the House was recommitted to the Committee on Education No. 1:
HB 533. By Messrs. Coker of Cherokee and Bodenhamer of Tift:
A Rill to be entitled an Act to amend an Act so as to prohibit the advertising of liquor in newspapers, and for other purposes.
Under the order of business established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time :
HB 517. By Messrs. Groover of Bibb, Upshaw of Bartow and Cloud of Decatur:
A Bill to be entitled an Act to amend the Intangible Property Tax Act, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill having received the requisite constitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
HB 531. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to authorize the Board of Commissioners of Peace Officers Annuity and Benefit Fund
770
JOURNAL OF THE HOUSE,
to invest in investments which are legal investments for insurance companies, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill having received the requisite ccnstitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
HR 140-495e. By Messrs. Caldwell and Mallory of Upson:
A Resolution authorizing the conveyance of certain land to the City of Thomaston, 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.
The resolution was ordered immediately transmitted to the Senate.
HB 490. By Messrs. Groover of Bibb and Smith of Emanuel: A Bill to be entitled an Act to provide for a period of residence of twelve months prior to taking the Bar examination for admission to the Supreme Court 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 104, nays 3.
The bill having received the requisite constitutional majority, was passed.
HB 326. By Messrs. Lindsey and Bolton of Spalding and Floyd of Chattooga: A Bill to be entitled an Act to amend an Act relating to registration of 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 106, nays 4.
The bill having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 15, 1955
771
The bill was ordered immediately transmitted to the Senate.
HB 459. By Messrs. Weems of Chattooga, Campbell of Walker and others:
A Bill to be entitled an Act to amend an Act so as to provide requirements for doing business as a bulk distributor of liquefied petroleum gases, and for other purposes.
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.:
Allen Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Black Blackburn Bloodworth Brannen Brown Caldwell Campbell Chambers Cheek Cocke Coker of Cherokee Coker of Walker Cotton Coxwell Deen Denmark Duncan English Floyd Fordham Foster Fowler of Douglas Fowler of Tift Gilleland Goodson Green of Rabun
Groover Gross of Stephens Gross of Dade Hardaway Henderson Houston Hudson Ivey Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Kelley Kennedy of Turner Killian King of Whitfield King of Pike Lam Lanier Lavender Lokey Long
Love Lowe Mashburn Massee Mathis of Lowndes Matthews Mauldin Mincy Murphey of Crawford Murphy of Haralson Nilan
Palmer Peters Potts Ramsey Register Russell Sanders Scoggin Smith of Evans M. M. Smith of Fulton Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tarpley Turk Twitty Underwood of Bartow Upshaw Veal Watson Weems Willingham Wilson of Towns Wilson of Peach Wooten Wright Young
Those voting in the negative were Messrs.:
Ayers Boggus Bolton Carlisle
Cheatham Clary Cloud Drinkard
Duke Elder Eyler Flynt
772
Freeman Frier Garrard Gillis Gunter Harrell Harris Hayes Hogan Jones of Worth Jones of Laurens Jones of Sumter Land
JOURNAL OF THE HOUSE,
Lindsey Mackay Mallory Matheson of Hart McCracken McKenna Moorman Murr Musgrove Parker Perkins Ray
Reed
Rodgers Roughton Rowland Ruark Sognier Tanner Todd Underwood of
Montgomery Williams Willis
By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 94, nays 48.
The bill having failed to receive the requisite constitutional majority, was lost.
Mr. Campbell of Walker gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 459.
HB 503. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to provide for the regulation of the sale of anti-freeze, and for other purposes.
An amendment offered by Mr. Willingham of Cobb was read and 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 59, nays 64.
The bill having failed to receive the requisite constitutional majority, was lost.
HB 352. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend an Act relating to the licensing of aliens to practice medicine, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill having received the requisite constitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
TUESDAY, FEBRUARY 15, 1955
773
Under the order of business established by the Committee on Rules, the following Bills of the House were again taken up for consideration:
HB 407. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to require the inoculation of dogs against rabies, and for other purposes.
The following amendment was read and adopted:
Mr. Lanier of Candler moves to amend HB 407 as follows:
By adding in Section 2 of said bill after the words "or other qualified person" and before the word "who" in the first sentence of said section the following: " (where no licensed veterinarian is available)''; and
By striking the following words in Section 3 of said bill, appearing in the last sentence of said Section: "and brand of manufacture" after the words "the type" and before the words "of the antirabic vaccine".
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 4.
The bill having received the requisite constitutional majority, was passed, as amended.
The bill was ordered immediately transmitted to the Senate.
HB 377. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act so as to change the compensation of inspectors of barbers and beauticians, and for other purposes.
By unanimous consent, further consideration of HB 377 was postponed until Wednesday morning immediately following the period of unanimous consents.
Under the order of business established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 449. By Messrs. Duke and Massee of Baldwin and Mr. Jackson of Jones:
A Bill to be entitled an Act to amend the Code relating to lunacy trial of persons at 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.
774
JOURNAL OF THE HOUSE,
The bill having received the requisite constitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
HB 323. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act so as to increase the compensation of the members of the Game and Fish Commission, and for other purposes.
The following amendment was read and adopted:
Mr. Groover of Bibb moves to amend HB 323 by striking the word and figure $30 wherever they appear and inserting in lieu thereof the words and figure $20.
The following Committee amendment was read and adopted:
The Committee on Game and Fish moves to amend HB 323 as follows:
1. By adding to the caption, immediately preceding the repealer clause in the next to the last line of said caption the following: "to provide for compensation of the Director".
2. By adding a new section to be known as Section 2 to read as follows:
An Act providing for the creation of the Game and Fish Commission and defining its powers and duties approved February 8, 1943, (Ga. Laws, 1943, p. 128) as amended, in particular as amended by an Act approved March 9, 1945, (Ga. Laws, 1945, p. 404), is hereby amended by striking from Section 7 of said Act as amended, relating to appointment of the Director, the figures and symbols "$5,000.00", as they appear in the eighth line and by substituting in lieu thereof the figures and symbols "$8,600.00"', so that said Section of said Act, when so amended, shall read as follows:
"Section 7. The State Game and Fish Commission at its first meeting shall appoint a Director, who shall be the executive secretary and administrative officer of the Commission, and have such other powers and duties as may be prescribed by the Commission and by this Act, for all of which duties combined he shall receive a salary to be fixed by the Commission from time to time which in no event shall exceed $8,600.00 per annum, payable monthly, and traveling expenses necessary in the performance of his duties. The Director shall devote his full time to the duties of his office and shall have such power and shall perform such duties as may be assigned to and required of him by the Commission. He shall take oath of office and give bond in the sum of $10,000.00 in the usual form required of State officials. Such Director shall have offices at the State Capitol, which shall also be the office of the Commission. The Director shall hold office at the pleasure of the Commission. No member of the Commission during his tenure of office or within two years thereafter shall be eligible for appointment as Director or for any employment under the Commission or the Director."
TUESDAY, FEBRUARY 15, 1955
775
3. By renumbering the repealer clause (Section 2) as "Section 3".
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 111, nays 5.
The bill having received the requisite constitutional majority, was passed, as amended.
The bill was ordered immediately transmitted to the Senate.
HB 421. By Messrs. Matthews of Clarke, Clay of McDuffie and Boggus of Ben Hill:
A Bill to be entitled an Act to provide for the procurement of group insurance for 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 114, nays 3.
The bill having received the requisite constitutional majority, was passed.
HB 331. By Messrs. Bolton of Spalding, Matthews of Clarke and others:
A Bill to be entitled an Act to authorize the revision of a court judgment providing permanent alimony, and for other purposes.
The following substitute, offered by Mr. Bolton of Spalding, was read and adopted:
A BILL
To be entitled an Act to authorize the judgment of a court providing permanent alimony for the support of a wife, or child or children, or both, to be revised, upon petition by wife or husband alleging change in husband's income and financial status; to provide that the merits of whether alimony is entitled is not in issue; to provide that such application is restricted to judgments ordering periodic payments; to provide that when husband brings the application for revision wife is entitled to expenses of litigation she incurred; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The judgment of a court providing permanent alimony for the support of a wife, or child or children, or both, shall be subject to revision upon petition, filed by either the husband or wife showing a change in the income and financial status of the husband, such petition
776
JOURNAL OF THE HOUSE,
shall be filed and returnable under the same rules of procedure applicable to divorce proceedings. After hearing both parties and the evidence, the jury, or the judge where a jury is not demanded, may modify and revise the previous judgment, so as to provide for the wife, or child or children, or both in line with the changed income and financial status of the husband, if such a change in the income and financial status is satisfactorily proven so as to warrant such modification and revision.
SECTION 2.
Upon such an application, as hereinbefore authorized, the merits of whether the wife, or child or children, or both are entitled in alimony and support are not in issue, but only whether there has been such a substantial change in the income and financial status of the husband as to warrant either a downward or upward revision and modification of the permanent alimony judgment.
SECTION 3.
Such an application, as hereinbefore authorized, can be filed only where the husband has been ordered by the final judgment in an alimony, or divorce and alimony suit, to pay permanent alimony in weekly, annual or similar periodic payments, and not where the wife, or child or children, or both have been given an award from the corpus of the husband's estate in lieu of such periodic payment.
SECTION 4.
Where such an application, as hereinbefore authorized, is filed by the husband, the court may require the husband to pay reasonable expenses of litigation as may be incurred by the wife, either for herself or the child or children, or both, in defense thereof.
SECTION 5.
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 1.
The bill having received the requisite constitutional majority, was passed, by substitute.
Under the order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 279. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend the Code so as to prohibit the execution of persons under 21 years of age, and for other purposes.
TUESDAY, FEBRUARY 15, 1955
777
An amendment offered by Mr. Sanders of Richmond was read and adopted.
Mr. Perkins of Carroll moved that further consideration of HB 279 be postponed indefinitely.
On the motion, the ayes were 48, nays 61.
The motion to postpone indefinitely was lost.
An amendment offered by Mr. Terrell of Decatur was read and 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 66, nays 44.
The bill having failed to receive the requisite constitutional majority, was lost.
Under the order of business established by the Committee on Rules, the following Bill and Resolutions of the House were taken up for consideration and read the third time :
HB 101. By Mr. Hayes of Coffee: A Bill to be entitled an Act to amend the Code so as to change the age of legal majority from 21 to 18, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 57, nays 50.
The bill having failed to receive the requisite constitutional majority, was lost.
Mr. Hayes of Coffee gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 101.
HR 177-558a. By Messrs. Nightingale and Killian of Glynn: A Resolution authorizing the conveyance of certain property to the City of Brunswick, 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.
778
JOURNAL OF THE HOUSE,
HR 144. By Messrs. Chambers, Holley and Sanders of Richmond:
A Resolution proposing the acceptance as a State Historical Site in Richmond County of the premises known as the White House of Augusta, 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.
The following Resolution of the House was read and adopted:
HR 192. By Messrs. Russell of Barrow, Stevens of Marion and others:
A Resolution extending good wishes to Honorable Chris Callier, wishing him a speedy recovery, and for other purposes.
Mr. Groover of Bibb moved that the House do now adjourn until 9:30 o'clock tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock tomorrow morning.
WEDNESDAY, FEBRUARY 16; 1955
779
House of Representatives, Atlanta, Georgia. Wednesday, February 16, 1955.
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 the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Boggus of Ben Hill, 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 459. By Messrs. Weems of Chattooga, Campbell of Walker and others:
A Bill to be entitled an Act to amend an Act so as to provide requirements for doing business as a bulk distributor of liquefied petroleum gases, and for other purposes.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House.
2. First reading and reference of House Bills and Resolutions.
2. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and local bills with general application.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Resolutions of the House were read the first time and referred to the Committees:
HR 193-579a. By Messrs. Cates and Mobley of Burke: A Resolution to compensate M. V. Parkerson; and for other purposes.
Referred to the Committee on Special Appropriations.
780
JOURNAL OF THE HOUSE,
HR 194-579b. By Mr. Harrison of Jeff Davis:
A Resolution to compensate Mr. Tom Wright for losses sustained by him; and for other purposes.
Referred to the Committee on Special Appropriations.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Bodenhamer of Tift County, Chairman of the Committee on Education No. 1, submitted the following report:
Mr. Speaker: Your Committee on Education No. 1 has had under consideration the fol-
lowing Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 61. Do Pass with Committee amendment. Respectfully submitted, Bodenhamer of Tift,
Chairman.
Mr. Bodenhamer of Tift County, Chairman of the Committee on Education No. 1, submitted the following report:
Mr. Speaker: Your Committee on Education No. 1 has had under consideration the fol-
lowing Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 155. Do Pass, as amended. Respectfully submitted,
Bodenhamer of Tift,
Chairman.
Mr. H. 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 73. Do Pass, as amended.
Respectfully submitted,
H. Smith of Fulton,
Chairman.
WEDNESDAY, FEBRUARY 16, 1955
781
Mr. Harrison of Wayne 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 114. Do Pass.
Respectfully submitted,
Harrison of Wayne,
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:
SR 45. By Senator Harden of the 27th:
A Resolution to protect home markets for products of cotton farmers, to maintain high standard of living that is envy of rest of the world, to protect American workers, their jobs and their wage levels from destructive competition from foreign workers and factories.
HB 156. By Messrs. Watson and Denson of Dougherty and others:
A Bill to be entitled an Act to authorize the clerk of the superior court of any county having a certain population to install and use photostatic equipment; and for other purposes.
HB 275. By Messrs. Tarpley of Union, Upshaw of Bartow and others:
A Bill to be entitled an Act to amend Code Section 24-2727, relating to fees of clerks of the superior courts, so as to provide for compensation for per diem service in attendance upon court in criminal cases; and for other purposes.
HB 365. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act creating the GriffinSpalding County School System and the Griffin-Spalding County Board of Education; and for other purposes.
HB 381. By Mr. Roughton of Washington:
A Bill to be entitled an Act providing for the holding of four terms each year, of Washington Superior Court; and for other purposes.
782
JOURNAL OF THE HOUSE,
HB 403. By Messrs. Hayes of Coffee, Henderson of Atkinson and others:
A Bill to be entitled an Act to create a Division in the office of the Secretary of State, to be known as the Georgia State Museum of Science and Industry; and for other purposes.
HB 425. By Messrs. Willingham of Cobb, Groover of Bibb and Rowland of Johnson:
A Bill to be entitled an Act to amend an Act entitled in part An Act to provide a uniform method of fixing, limiting and restricting the salary to be paid elective officials; and for other purposes.
HR 135. By Messrs. Fowler of Douglas and Groover of Bibb:
A Resolution memorializing Congress to call a convention for the purpose of submitting for ratification an amendment to the Constitution so as to provide an alternative method of amending the Constitution; and for other purposes.
HR 175. By Mr. Fowler of Douglas:
A Resolution memorializing the Georgia delegation to Congress to support the Bricker Amendment; 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 223. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide that all drivers' licenses issued after the date of approval of this Act shall expire ten years from the date; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 46. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to consolidate the office of tax collector of Hall County and the office of Tax Receiver of Hall County into the single office of Tax Commissioner; and for other purposes.
HB 47. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to provide for a referendum by which a majority of the qualified voters of Hall County voting in said referendum can place the Sheriff of Hall County, the Clerk of Superior and City Court of Hall County and the Ordinary of Hall County on a salary system of compensation; and for other purposes.
HB 140. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend Section 84-1101 of the Code, relating to the definition of Optometry; and for other purposes.
WEDNESDAY, FEBRUARY 16, 1955
783
HB 184. By Messrs. Mincy of Ware and Harrison of Wayne:
A Bill to be entitled an Act to regulate the sale of funeral merchandise and funeral services upon a "prepayment plan"; and for other purposes.
HB 214. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act entitled "The Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that contractors shall be deemed to be consumers under this Act; and for other purposes.
HB 235. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act establishing The City Court of Albany; and for other purposes.
HB 266. By Messrs. Mathis and Register of Lowndes:
A Bill to be entitled an Act to amend the Charter of the City of Valdosta; to extend the corporate limits of said city; and for other purposes.
HB 392. By Messrs. Key of Jasper and Veal of Putnam:
A Bill to be entitled an Act to amend an Act relative to keeping livestock from running at large or straying; and for other purposes.
The Senate has disagreed to House Amendment to Senate Amendment to the following Bill of the House and respectively asks that a Committee of Conference be appointed:
HB 143. By Messrs. Murphey of Crawford, Willingham of Cobb and others:
A Bill to be entitled an Act to amend Section 32-937 of the Code of Georgia of 1933, relating to free tuition, age limits for children entering the common schools; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators McDonald of the 43rd, Lovett of the 16th and Matthews of the 47th.
The Senate has agreed to the House Amendment to the Senate Amendment to the following Bill of the House:
HB 158. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to provide for an advisory referendum election to be held in DeKalb County for the purpose of ascertaining the form of government desired by the people of such county; and for other purposes.
By unanimous consent, the following Bill of the Senate, favorably reported, was read the second time :
784
JOURNAL OF THE HOUSE,
SB 114. By Senator Morrison of the 15th and others:
A Bill to be entitled an Act to provide that it shall be a felony to attempt or escape from prison, 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 127-449a. By Mr. Baughman of Early:
A Resolution furnishing certain law books to the Clerk of the Superior Court of Early 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 172-550d. By Mr. Rowland of Johnson:
A Resolution furnishing certain law books to the Superior Court of Johnson County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 0.
The resolution having received the requisite constitutional majority, was adopted.
HR 182-577a. By Mr. Russell of Barrow:
A Resolution furnishing certain law books for the use of the Judge of the Superior Court of Barrow 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.
HB 558. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Macon, and for other purposes.
WEDNESDAY, FEBRUARY 16, 1955
785
The report 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 559. By Messrs. Coker and Campbell of Walker:
A Bill to be entitled an Act to amend an Act so as to provide for the terms of the Mayor and Council of the City of Chickamauga, and for other purposes.
The report 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 560. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act relating to the powers of purchasing and contracting by the Commissioners of Roads and Revenues of Walton County, and for other purposes.
The report 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 561. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act so as to change the salaries of the. commissioners of the City of Griffin, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 562. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to amend an Act relating to pensions for firemen and policemen of the City of Augusta, and for other purposes.
786
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 563. By Messrs. McKenna, Groover and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act permitting the use of voting machines in the City of Macon; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 564. By Messrs. McKenna, Carlisle and Groover of Bibb: A Bill to be entitled an Act to amend an Act so as to provide the terms of office of the members of the Board of Tax Appeals 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 constitutional majority, was passed.
HB 565. By Messrs. Jones and Hogan of Laurens: A Bill to be entitled an Act to amend an Act so as to change the compensation of the Sheriff of Laurens County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 566. By Messrs. Jones and Hogan of Laurens:
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 Dublin, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
WEDNESDAY, FEBRUARY 16, 1955
787
On the passage of the bill, the ayes were 114, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 568. By Mr. Martin of Banks:
A Bill to be entitled an Act to amend an Act so as to provide for the manner of electing members of the Commissioners of Roads and Revenues 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 116, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 570. By Mr. lvey of Newton:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Treasurer of Newton County, and for other purposes.
The following amendment was read and adopted:
Mr. lvey of Newton moves to amend HB 570 by inserting the words "to provide an effective date" before the clause, "to repeal conflicting laws" in the title of said Bill. And by inserting a new section to read: "Section 1 A. The provisions of this Act shall be effective as to any salary paid after 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 117, nays 0.
The bill having received the requisite constitutional majority, was passed, as amended.
HB 569. By Mr. Ivey of Newton:
A Bill to be entitled an Act to amend an Act so as to provide a salary for the Commissioner of Newton County, and for other purposes.
The following amendment was read and adopted:
Mr. lvey of Newton moves to amend HB 569 by inserting the words "to provide an effective date" before the clause, "to repeal conflicting laws" in the title. And by inserting a new section to read: "Section 1 A. The provisions of this Act shall be effective as to any salary paid after Janaury 1, 1954.".
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
788
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.
HB 571. By Mr. Coker of Cherokee:
A Bill to be entitled an Act to amend an Act so as to provide for appeals from zoning decisions to 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 119, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 572. By Mr. Coker of Cherokee: A Bill to be entitled an Act to create the Cherokee County Water Authority, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 574. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act relating to taxation of corporations by the City of Commerce, and for other purposes.
The report 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 575. By Mr. Truelove of White:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Chairman of the Board of County Commissioners of White County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, nays 0.
WEDNESDAY, FEBRUARY 16, 1955
789
The bill having received the requisite constitutional majority, was passed.
HB 576. By Mr. Parker of Appling:
A Bill to be entitled an Act to prohibit the hunting of. deer with dogs in the County of Appling, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 123, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 577. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend an Act pertaining to retirement benefits for certain school teachers 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 124, nays 0.
The bill having received the requisite constitutional majority, was passed.
HR 183-577b. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Resolution establishing a Commission on Public Education for the City of Atlanta and Fulton County, and for other purposes.
The following amendment was read and adopted:
Mr. Lokey of Fulton moves to amend HR 183-577b by striking Section 5 and inserting in lieu thereof a new Section 5 as follows: "Section 5. The governing authorities of the political subdivisions are directed to make available to the commission appropriate quarters and the use of any existing personnel or facilities that may be required by them. The county and the city shall each contribute the sum of $5,000.00 from public funds to pay the expenses incident to the investigations herein required. The members of said commission shall receive compensation for their services for each day they are in attendance of the meeting of the commission the sum of $10.00 except the member who is a member of the General Assembly, who shall receive no compensation."
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 125, nays 0.
790
JOURNAL OF THE HOUSE,
The resolution having received the requisite constitutional majority, was adopted, as amended.
SB 105. By S~nator Raulerson of the 46th and others:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Solicitor-General of the Waycross Judicial Circuit, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill having received the requisite constitutional majority, was passed.
SB 97. By Senator Ricketson of the 19th:
A Bill to be entitled an Act to amend an Act so as to correct 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 104, nays 0.
The bill having received the requisite constitutional majority, was passed.
SB 92. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of College Park, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill having received the requisite constitutional majority, was passed.
SB 72. By Senator Page of the 1st:
A Bill to be entitled an Act to amend an Act relating to pension fund for nurses in the employ of the City of Savannah, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 16, 1955
791
SR 29. By Senator Neel of the 7th:
A Resolution furnishing certain law books to the Law Library of Thomas 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.
SR 34. By Senator Morrison of the 15th:
A Resolution furnishing certain law books to the Superior Court of Montgomery 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.
SB 73. By Senator Lovett of the 16th:
A Bill to be entitled an Act to amend an Act so as to provide for the compensation of the members of the Water, Light, and Gas Commission of the City of Dublin, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Municipal Government moves to amend SB 73 by inserting the words "to provide a referendum" before the clause to repeal conflicting laws in the title; and by adding a new Section 1A to read:
"Section 1A. It shall be the duty of the Mayor and Council of the City of Dublin to issue a call for an election to be held on the second Tuesday in October, 1955, for the purpose of submitting this Act to the voters of the City of Dublin for approval or rejection. The date and purpose of the election shall be published three (3) times a week for three (3) weeks immediately preceding the date thereof in the official gazette of the City of Dublin. Such publication shall fully inform the voters of the contents of this Act. The ballots shall have printed thereon the words:
'For approval of the Act amending the city charter of Dublin so as to establish a water, light and gas commission for said city; to provide for the election of the members thereof and to define their duties; and to provide for their compensation.'
'Against approval of the Act amending the city charter of
792
JOURNAL OF THE HOUSE,
Dublin so as to establish a water, light and gas commission for said city; to provide for the election of the members thereof and to define their duties; and to provide for their compensation.'
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote 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 in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the City of Dublin. It shall be the duty of the Mayor and Council to hold and conduct such election. It shall be the duty of the Mayor and Council to canvass the returns and declare and certify the re~mlts of the election. It shall be their further duty to certify the results thereof to the Secretary of State.
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.
HB 543. 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 East Point, and for other purposes.
The following substitute, offered by Messrs. Lokey, M. Smith and H. Smith of Fulton, was read and adopted:
A BILL
To be entitled 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; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that an Act to amend 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 further amended as follows:
SECTION 1.
By repealing all of Section 14 of said Act approved August 19, 1912 (Ga. Laws, 1912, p. 871, 872) which, as amended by Section 36 of an Act approved March 24, 1939 (Ga. Laws, 1939, p. 1032) and by Sections 9 and 10 of an Act approved February 25, 1949 (Ga. Laws, 1948-49, p. 1930, 1931), and by Sections 9 and 15 of an Act approved
WEDNESDAY, FEBRUARY 16, 1955
793
February 17, 1950 (Ga. Laws, Ex. Sess. 1949, Reg. Sess. 1950, p. 2572), reads as follows:
"Be it further enacted, that the mayor of said City of East Point shall be the chief executive officer thereof. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully executed and enforced; and that all of the officers of said city faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city and shall preside at all meetings of the City Council. He shall have the power to convene the council in special, call, or extra sessions whenever in his judgment it becomes necessary. On all questions before the City Council the mayor, or mayor pro tempore, if he be presiding, shall be entitled to vote only in case of a tie. He shall have the veto power, and may veto any ordinance or resolution of the city council, in which event the same shall not become a law unless subsequently passed over his veto of at lease five councilmen on a yea and nay vote duly recorded on the minutes of the City Clerk; but unless he shall file in writing with the Clerk of said City his veto of any measure passed by that body, with the reasons for withholding his assent, within three days from its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve same and the measure go into effect immediately."
"The veto power of the Mayor of the City of East Point extends to and embraces all Ordinances, Resolution, regulations, motions, orders and actions of the City Council of East Point except the election or appointment of officers, agents and employees. In the election or appointment of officers, agents or employees, the Mayor shall not have any veto power and may veto in such matters only as in this Act provided."
"The City Council of East Point shall be convened in special, called or extra session by the City Clerk of East Point on written request of four aldermen on refusal of the mayor, and mayor pro tempore or when the mayor and mayor pro tern are absent, disqualified, or disabled, or in case of the death of the mayor and mayor pro tern, the purpose of said meeting to be set out in said written request and the ground upon which it is called at the request of aldermen rather than the mayor. The mayor pro tern shall be clothed with all the power, authority, and jurisdiction of the mayor in the absence, disability, death or disqualification of the mayor."
"At the first regular meeting thereof next after the filing of a veto with the City Clerk by the Mayor, the City Council of East Point shall reconsider the action thus vetoed and the reasons assigned by the Mayor for his disapproval, and unless such veto be overruled at such next: regular meeting after the same has been filed with the City Clerk the action of the City Council of East Point thus disapproved by the Mayor of said City shall not become of force, and said veto shall not thereafter be considered nor acted upon.
"There is hereby added at the end of Section 14 of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, pp. 871, 872:), as amended, the following:
"The bond of the clerk-treasurer of the City of East Point shall be
794
JOURNAL OF THE HOUSE,
approved by the City Council of East Point and shall be deposited with the mayor of said city who shall be the official custodian thereof." and by substituting in lieu thereof the following:
"Be it further enacted, that the mayor of said City of East Point shall be the chief executive officer thereof. He shall see that all laws. ordinances, resolutions and rules of said city are faithfully executed and enforced; and that all of the officers of said city faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city and shall preside at all meetings of the City Council. He shall have the power to convene the council in special, call, or extra sessions whenever in his judgment it becomes necessary. On all questions before the City Council the mayor, or mayor pro tempore, if he be presiding, shall be entitled to vote only in case of a tie. He shall have the veto power, and may veto any ordinance or resolution of the City Council, in which event the same shall not become a law unless subsequently passed over his veto by at least six councilmen on a yea and nay vote duly recorded on the minutes of the City Clerk; but unless he shall file in writing with the Clerk of said city his veto of any measures passed by that body, with the reasons for withholding his assent, within three days from its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve same and the measure go into effect immediately.
"The veto power of the Mayor of the City of East Point extends to and embraces all ordinances, resolutions, regulations, motions, orders and actions of the City Council of East Point except the election or appointment of officers, agents and employees. In the election or appointment of officers, agents or employees, the Mayor shall not have any veto power and may veto in such matters only as in this Act provided.
"The City Council of East Point shall be convened in special, called or extra session by the City Clerk of East Point on written request of four aldermen on refusal of the mayor, and mayor pro tempore, or when the mayor and mayor pro tern are absent, disqualified, or disabled, or in case of the death of the mayor and mayor pro tern, the purpose of said meeting to be set out in said written request and the ground upon which it is called at the request of aldermen rather than the mayor. The mayor pro tern shall be clothed with all of the power, authority, and jurisdiction of the mayor in the absence, disability, death or disqualification of the mayor.
"At the first regular meeting thereof next after the filing of a veto with the City Clerk by the mayor, the City Council of East Point shall reconsider the action thus vetoed and the reasons assigned by the mayor for his disapproval, and unless such veto be overruled at such next regular meeting after the same has been filed with the City Clerk the action of the City Council of East Point thus disapproved by the mayor of said city shall not become of force, and said veto shall not thereafter be considered nor acted upon.
"There is hereby added at the end of Section 14 of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, pp. 871, 872), as amended, the following:
"The bond of the clerk-treasurer of the City of East Point shall
WEDNESDA~ FEBRUARY 1~ H~
795
be approved by the City Council of East Point and shall be deposited with the mayor of said city who shall be the official custodian thereof."
SECTION 2.
Notice of intention to apply for this local legislation was published three (3) times in the Fulton County Daily Report in three (3) separate calendar weeks during a period of sixty (60) days next preceding the introduction of this Bill in the Legislature, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the new Constitution of Georgia.
SECTION 3. All laws and parts of laws in conflict with this law 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 110, nays 0.
The bill having received the requisite constitutional majority, was passed, by substitute.
SB 115. By Senator Raulerson of the 46th: 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 of Pierce County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 544. By Messrs. H. Smith, M. Smith and Lokey of Fulton: A Bill to be entitled an Act to create the East Point Parking 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 112, nays 0.
The bill having received the requisite constitutional majority, was passed.
By unanimous consent, all local bills and resolutions passed today were ordered immediately transmitted to the Senate.
796
JOURNAL OF THE HOUSE,
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Game and Fish, read the second time and recommitted :
SB 60. By Senators Florence of the 39th and others: A Bill to be entitled an Act to revise the laws relating to the State Game and Fish Commission, and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Motor Vehicles, read the second time and recommitted:
SB 103. By Senator McDonald of the 43rd: A Bill to be entitled an Act to provide for the liability of owners of motor vehicles, and for other purposes.
By unanimous consent, the following bill of the Senate was withdrawn from the Committee on Temperance, read the second time and recommitted:
SB 116. By Senators McBride of the lOth and Harrison of the 17th:
A Bill to be entitled an Act to prohibit the employment of persons under 18 years of age in places where alcoholic beverages are sold, and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on State of Republic, read the second time and recommitted:
SB 70. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide for the creation of the State Literature Commission, and for other purposes.
By unanimous consent, the following Rel'lolution of the Senate was withdrawn from the Committee on State of Republic, read the second time and recommitted:
SR 32. By Senator Overby of the 33rd:
A Resolution amending the Resolution establishing the Georgia Commission on Education, and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Counties and County Matters, read the second time and recommitted:
SB 21. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act establishing a City Court in Hall County, and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from
the Committee on Motor Vehicles and recommitted to the Committee on General
.Judiciary # 2 :
WEDNESDAY, FEBRUARY 16, 1955
797
SB 103. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to provide for the liability of owners of motor vehicles, 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:
HB 492. By Messrs. Fain of Franklin, Green of Rabun and others:
A Bill to be entitled an Act to provide that the wages and salaries of State employees shall not be less than $.75 per hour, and for other purposes.
The following Report of the Committee on Rules was read and adopted:
REPORT OF THE COMMITTEE ON RULES
Mr. Speaker:
Your Committee on Rules submits the following report as the calendar for the 16th of February, 1955.-the bills to be called in the order listed. Unless otherwise specified, your Committee recommends as a condition of assignment that debate on all measures unless otherwise specified be limited to 20 minutes.
1. HR 120-392d. Property, Wildlife Experiment Station.
2. HR 161-528f. Property, Jackson County.
3. HR 169-550a. Park, Brooks County.
4. HR 171-550c. Land, Dawson & Forsyth Counties.
5. HR 123-415a. Convey property, Johnson County.
6. HB 539.
Intangible Tax Act, amend.
7. HB 283.
Insurance Adjusters.
8. HB 395.
Permission owner, operate vehicle.
9. HB 315.
Removal, dead bodies.
10. HB 459.
Liquefied Petroleum Gas.
1. SB 2. SR 3. SR 4. SB 5. SB 6. SB 7. SB 8. SB
SENATE BILLS AND RESOLUTIONS 78. Birth Certificates, adoptions.
5. Chatuge Lake, Mt. Park. 6. Busts, Hall of Fame. 19. Voting by mail. 22. Deceased depositor, bank. 23. Limitation Loans, Banks. 24. Application Charter, Banks. 89. Trash, garbage, Highways.
798
JOURNAL OF THE HOUSE,
9. SB 66. Slum Clearance.
Compensation Resolutions, House Bills with Senate Amendments, Report of Conference Committees and privilege Resolutions, may be called up by the Speaker at any time.
In event the above calendar is exhausted, the Speaker, in his discretion, may call up any bill or resolution on the general calendar, in any order he deems advisable.
Respectfully submitted,
Groover of Bibb,
Vice-Chairman.
Under the order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time :
HR 120-392d. By Messrs. Denson and Watson of Dougherty and Cocke of Terrell:
A Resolution proposing the conveyance of certain land of the Wildlife Experiment Station in Dougherty and Terrell 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 114, nays 0.
The resolution having received the requisite constitutional majority, was adopted.
HR 161-528f. By Mr. Phillips of Walton: A Resolution authorizing the conveyance of certain property, 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 169-550a. By Mr. Brooks of Sheffield: A Resolution proposing the development of a State Park in Brooks County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
WEDNESDAY, FEBRUARY 16, 1955
799
On the adoption of the resolution, the ayes were 103 nays 0.
The resolution having received the requisite constitutional majority, was adopted.
HR 171-550c. By Messrs. Coker of Cherokee and Gilleland of Dawson: A Resolution authorizing the sale of certain lands in Forsyth County and Dawson County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed.
On the adoption of the resolution, the ayes were 104, nays 0.
The resolution having received the requisite constitutional majority, was adopted.
HB 539. By Messrs. Groover of Bibb and Lokey of Fulton: A Bill to be entitled an Act to amend the Intangible Property Tax Act, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 16.
The bill having received the requisite constitutional majority, was passed.
By a vote of 97 to 6, the bill was ordered immediately transmitted to the Senate.
HB 283. By Messrs. Reed of Cobb and Russell of Barrow:
A Bill to be entitled an Act to protect the interests of the public with respect to insurance adjusters, and for other purposes.
The report 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, House Resolutions 120-392d, 161-528f, and 169-550a, and 171-550c and House Bill 283 were ordered immediately transmitted to the Senate.
The following Resolutions of the House were read and adopted:
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JOURNAL OF THE HOUSE,
HR 195. By Mr. Baughman of Early:
A Resolution honoring Miss Anne Collins, "Miss Deep South of 1954", and for other purposes.
HR 196. By Messrs. Stephens of Clarke, Tamplin of Morgan and others: A Resolution commending Honorable Eli Walker of Rockdale County for his courageous stand in certain matters, and for other purposes.
The following Resolution of the House was read and referred to the Committee on State of Republic:
HR 197. By Mr. Lavender of Elbert: A Resolution authorizing the appointment of a Committee to investigate retail gasoline prices, and for other purposes.
Under the order of business established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 395. By Mr. Carlisle of Bibb: A Bill to be entitled an Act to make it a criminal offense to operate an automobile without the owner's permission, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill having received the requisite constitutional majority, was passed. The bill was ordered immediately transmitted to the Senate.
HB 315. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to amend an Act providing a comprehensive Vital Statistics Law, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 1.
The bill having received the requisite constitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
Under the order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
WEDNESDAY, FEBRUARY 16, 1955
801
HB 459. By Messrs. Weems and Floyd of Chattooga and Campbell and Coker of Walker:
A Bill to be entitled an Act to amend an Act regulating distribution of liquefied petroleum gases, and for other purposes.
The following substitute, offered by Messrs. Weems of Chattooga and Campbell of Walker and others, was read and adopted :
AN ACT
To amend an Act entitled "An Act to prescribe uniform regulations for the distribution, sale and use of liquefied petroleum gases; to designate the Insurance Commissioner as the enforcing officer; to prescribe his duties; to empower and authorize the Insurance Commissioner to adopt, promulgate and enforce rules and regulations; to provide for licenses and permits; to appropriate funds for the purpose of carrying out this Act; to provide for penalties; to repeal conflicting laws; and for other purposes,", approved February 25, 1949 (Ga. Laws 1949, p. 1128), so as to provide for minimum storage facilities for non-resident licenses in this State; to provide for a change in license fees; to provide for reciprocal agreements; to change the term "Insurance Commissioners" to "State Fire Marshal"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act entitled "An Act to prescribe uniform regulations for the distribution, sale and use of liquefied petroleum gases; to designate the Insurance Commissioner as the enforcing officer; to prescribe his duties; to empower and authorize the Insurance Commissioner to adopt, promulgate and enforce rules and regulations; to provide for licenses and permits; to appropriate funds for the purpose of carrying out this Act; to provide for penalties; to repeal conflicting laws; and for other purposes.", approved February 25, 1949 (Ga. Laws 1949, p. 1128), is hereby amended by adding a new section thereto, to be known as Section IV-A, to read as follows:
"Section IV-A. No non-resident person, firm or corporation shall be licensed to sell or distribute liquefied petroleum gas in this State unless such person, firm or corporation owns or operates in Georgia at least one bulk storage facility capable of holding a minimum of 18,000 gallons of liquefied petroleum gas."
SECTION 2.
Said Act is further amended by striking from Section VII the words "an annual fee of one hundred dollars shall be charged.", and inserting in lieu thereof the following: "an annual fee of not less than twenty-five dollars nor more than one hundred dollars shall be charged, on a graduated capacity scale for each installation of such person, firm or corporation doing business in Georgia.", so that when so amended, Section VII shall read as follows:
802
JOURNAL OF THE HOUSE,
"Section VII. The State Fire Marshal is hereby authorized and empowered to issue a license or permit to such person, firm or corporation qualifying under the terms of this Act and such rules and regulations which may be adopted by the State Fire Marshal and for such license or permit an annual fee of not less than twenty-five dollars nor more than one hundred dollars shall be charged, on a graduated capacity scale for each installation of such person, firm or corporation doing business in Georgia. All fees, assessments and collections made by said State Fire Marshal shall be paid into the general fund of the State treasury."
SECTION 3.
Said Act is further amended by adding a new section thereto, to be known as Section X-A, to read as follows:
"Section X-A. The State Fire Marshal is thereby authorized to enter into reciprocal agreements with another State to effectuate the purposes of this Act."
SECTION 4.
Said Act is further amended by striking the terms "Insurance Commissioners" and "Commissioner" wherever they appear in said Act and inserting in lieu thereof the term "State Fire Marshal".
SECTION 5.
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 110, nays 2.
The bill having received the requisite constitutional majority, was passed, by substitute.
The bill was ordered immediately transmitted to the Senate.
The following Resolutions of the House and Senate were read and adopted:
HR 198. By Messrs. Bolton and Lindsey of Spalding: A Resolution commending the Bill Drafting Unit, and for other purposes.
HR 199. By Mr. Key of Jasper:
A Resolution expressing appreciation to Mrs. Nellie Deatz, Mrs. Sara Frances Martin and Miss Gwendolyn Brown, and for other purposes.
WEDNESDAY, FEBRUARY 16, 1955
803
SR 45. By Senator Harden of the 27th:
A Resolution to protect home markets for products of cotton farmers, and for other purposes.
HR 200. By Messrs. Groover of Bibb, Willingham of Cobb and Sheffield of Brooks:
A Resolution requiring the Speaker to keep and maintain his office open full time, and for other purposes.
The Speaker announced the House recessed until 1:10 o'clock this afternoon.
AFTERNOON SESSION The Speaker called the House to order.
Under the order of business established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:
SB 78. By Senator Nee! of the 7th:
A Bill to be entitled an Act to amend an Act providing a Vital Statistics 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen Ayers Bagby Baughman Bentley Birdsong Black Blackburn Blalock Bodenhamer Caldwell Campbell Carlisle Cates Chambers Cheatham Clary Cocke Coker of Walker Cornelius Cotton
Cowart Coxwell Denmark Drinkard Elder Eyler Fain Floyd Flynt Foster Fowler of Douglas Freeman Frier Gilleland Goodson Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade
Gunter Harrell Harris Harrison of Wayne Holley Houston Hudson Hurst Ivey Jackson Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kilgore Killian King of Whitfield King of Pike
804
JOURNAL OF THE HOUSE,
Kitchens Land Lavender Lindsey Lokey Long Lowe Mackay Martin Matheson of Hart Mathews McKelvey McKenna McWhorter Moore Moorman Mull Murphy of Haralson Musgrove Nilan Odom
Parker Peacock Perkins Peters Pettey Phillips of Columbia Pickard Potts Ramsey Ray Reed Register Rodgers Roughton Rowland Ruark Russell Sanders Singer Sivell Smith of Evans
Smith of Emanuel Sognier Souter Stephens of Clarke Strickland Stripling Tamplin Todd Twitty Underwood of Bartow Underwood of
Montgomery Veal Walker Watson Williams Willingham Wilson of Towns Young
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 123, nays 0.
The bill having received the requisite constitutional majority, was passed.
SR 5. By Senator Dean of the 40th:
A Resolution designating a certain area as the "Chatuge Lake-Mountain Park", and for other purposes.
The following amendment was read and adopted:
Mr. Wilson of Towns moves to amend SR 5 by striking wherever the same appears, the word "Mountain".
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 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.
SR 6. By Senator Millican of the 52nd:
A Resolution authorizing the placing of marble busts of the three Georgia signers of the Declaration of Independence in the Georgia Hall of Fame at the State Capitol, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
WEDNESDAY, FEBRUARY 16, 1955
805
On the adoption of the resolution, the ayes were 107, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SB 19. By Senator Dean of the 40th:
A Bill to be entitled an Act to amend the Code relating to voting by mail by persons other than military personnel, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 22. By Senator Reynolds of the 8th:
A Bill to be entitled an Act to amend the Code relating to the payment of the deposit of a deceased depositor, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 23. By Senator Reynolds of the 8th:
A Bill to be entitled an Act to provide for the limitation of 20% of a bank's capital and surplus on temporary loans to counties and 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 110, nays 0.
The bill having received the requisite constitutional majority, was passed.
SB 24. By Senator Reynolds of the 8th:
A Bill to be entitled an Act to amend the Code relating to the statement to be furnished the Superintendent of Banks by applicants for charter, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
806
JOURNAL OF THE HOUSE,
The bill having received the requisite constitutional majority, was passed.
SB 89. By Senators Overby of the 33rd, Waters of the 41st and others: A Bill to be entitled an Act to prohibit the throwing of trash upon the 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 113, nays 0.
The bill having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate disagreement to the House amendment to the Senate amendment thereto:
HB 143. By Messrs. Murphey of Crawford, Willingham of Cobb and others:
A Bill to be entitled an Act to amend the Code relating to free tuition and age limits for children entering the common schools, and for other purposes.
Mr. Groover of Bibb moved that the House insist on its position and appoint a Committee of Conference to confer with a like Committee on the part of the Senate and the motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members: Messrs. Groover of Bibb, Murphey of Crawford and Watson of Dougherty.
The following Resolution of the House was read and adopted:
HR 201. By Messrs. Smith of Emanuel, Moate of Hancock, and Groover of Bibb: A Resolution expressing appreciation for the courtesies extended to the members of the General Assembly on November 27, 1954 in Athens, and for other purposes.
The following Resolution of the House was read:
HR 155. By Messrs. Perkins and Duncan of Carroll:
A Resolution requesting the Georgia Accrediting Commission to rescind certain of its actions relative to the minimum Average Daily Attendance requirements for accredited high schools, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Education # 1 moves to amend HR 155 by
striking the number sixty (60) between the words at and average in the last sentence of the Resolution and inserting in lieu thereof the number
WEDNESDAY, FEBRUARY 16, 1955
807
eighty (80); and further by adding a new paragraph to read as follows: Now, Therefore, be it also resolved that the Clerk of the Georgia House of Representatives be directed to mail a copy of this resolution to each and every member of the Georgia Accrediting Commission, to the Chairman of the State Board of Education, and to the State School Superintendent.
The resolution, as amended, was adopted.
Under the order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 66. By Senator Overby of the 33rd, and others:
A Bill to be entitled an Act to provide for slum clearance, and for other purposes.
Mr. Groover of Bibb moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
Mr. Denson of Dougherty was granted a leave of absence.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning, and SB 66 was carried over until that time under the order of unfinished business.
808
JOURNAL OF THE HOUSE,
House of Representatives, Atlanta, Georgia. Thursday, February 17, 1955.
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. Boggus of Ben Hill, 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 under the Rules of the House.
2. First reading and reference of House Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and local bills with general application.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Resolution of the House was read the first time and referred to the Committee on Special Appropriations:
HR 202-579c. By Mr. Duke of Baldwin:
A Resolution compensating Felton Smallwood for damages, and for other purposes.
. By unanimous consent, the following Committee reports were submitted and read:
Mr. Freeman of Monroe County, Chairman of the Committee on Amendments
to Constitution # 1, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution # 1 has had under con-
sideration the following Resolution of the House and has instructed me as Chair-
THURSDAY, FEBRUARY 17, 1955
809
man, to report the same back to the House with the following recommendation: HR 179-573a. Do Pass. Respectfully submitted, Freeman of Monroe, Chairman.
Mr. Nightingale of Glynn County, Chairman of the Committee on Amend-
ments to the Constitution # 2, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to the Constitution # 2 has had under
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 125-415c. Do Not Pass.
Respectfully submitted,
Nightingale of Glynn,
Chairman.
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 554. Do Pass.
Respectfully submitted,
Cornelius of Polk,
Chairman.
Mr. Short of Colquitt 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 111. Do Pass.
Respectfully submitted,
Short of Colquitt,
Chairman.
810
JOURNAL OF THE HOUSE,
Mr. Short of Colquitt 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 recommendation:
SB 21. Do Pass, as amended.
Respectfully submitted,
Short of Colquitt,
Chairman.
Mr. Cocke of Terrell County, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. Speaker: Your Committee on Game and Fish has had under consideration the following
Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 60. Do Pass, as amended.
Respectfully submitted,
Cocke of Terrell,
Chairman.
Mr. Carlisle of Bibb County, Chairman of the Committee on General Judi-
ciary # 2 submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary # 2 has had under consideration the
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 103. Do Pass.
HB 457. Do Pass.
Respectfully submitted,
Carlisle of Bibb,
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
THURSDAY, FEBRUARY 17, 1955
811
following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 482. Do Pass. Respectfully submitted, Hoke Smith of Fulton, Chairman.
Mr. Mathis of Lowndes County, Vice-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 Vice-Chairman, to report the same back to the House with the following recommendation:
HR 148. Do Pass.
Respectfully submitted,
Mathis of Lowndes,
Vice-Chairman.
Mr. Barker 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 141-495f. Do Pass.
Respectfully submitted,
Barber of Colquitt,
Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 134. Do Pass, by substitute, as amended.
HR 165. Do Not Pass.
HR 178. Do Pass, as amended.
HR 189. Do Pass, by substitute.
812
JOURNAL OF THE HOUSE,
HR 132. HR 166. HR 146. HB 545. HB 492. SR 32. SB 70.
Do Pass. Do Pass, as amended. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.
Respectfully submitted, Drinkard of Lincoln, Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 178. Do Pass.
Respectfully submitted,
Drinkard of Lincoln,
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 109. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that the right of a widow to a year's support shall be defeated by the death or remarriage of said widow prior to the setting apart of such year's support, and for other purposes.
HB 146. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to amend the Intangible Property Tax Act, so as to require the intangible tax on long term notes secured by real estate to be paid to the tax collector prior to the presentation of the security instrument for recordation; and for other purposes.
THURSDAY, FEBRUARY 17, 1955
813
HB 404. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend that Act of the General Assembly entitled "Public Safety Department", by striking the words "Drivers License Bureau Supervisor with the rank and pay of Lieutenant"; and for other purposes.
HB 439. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act entitled "An Act to consolidate the office of tax receiver and tax collector in the County of Carroll"; and for other purposes.
HB 494. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to incorporate the city of Ambrose in Coffee County; and for other purposes.
The Senate has adopted the following Resolution of the Senate:
SR 37. By Senator Harrison of the 17th:
A Resolution ratifying a license granted to the United States of America relative to Magnolia State Park; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 329. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled an Act to carry into effect in the City of Atlanta the provisions of the amendment to Par. 1, of Sec. 7, of Art. 6, of the Constitution of Georgia, relating to abolition of justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace; and for other purposes.
HB 358. By Mr. Brown of Telfair:
A Bill to be entitled an Act to amend an Act changing and fixing the salary of the Clerk of the Tax Commissioner of Telfair County; and for other purposes.
HB 359. By Mr. Brown of Telfair:
A Bill to be entitled an Act entitled an Act to amend by substitution an Act creating a new charter for the City of McRae, etc., to provide that the City of McRae shall have the right to acquire, equip, operate and maintain a telephone system, etc., and for other purposes.
HB 379. By Messrs. Kilgore and Kelley of Gwinnett:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Suwanee; and for other purposes.
814
JOURNAL OF THE HOUSE,
HB 380. By Mr. Roughton of Washington:
A Bill to be entitled an Act to repeal an Act entitled an Act to establish a County Council for Washington County; and for other purposes.
HB 382. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Washington County; and for other purposes.
HB 384. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend an Act creating a new charter and Municipal Government for the City of Rome; and for other purposes.
HB 385. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Austell; and for other purposes.
HB 386. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to amend An Act to provide a new charter for the City of Waycross; to extend the City limits of said City of Waycross; and for other purposes.
HB 389. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend an Act incorporating the City of Cairo; so as to authorize the Mayor and Council to alter, change, close and abandon streets and alleys of the City of Cairo; and for other purposes.
HB 391. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park; to prescribe its limits, extending them as to take a strip of land in Clayton County; and for other purposes.
HB 409. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act establishing a charter and incorporating the City of Bowman; and for other purposes.
HB 413. By Messrs. Killian and Nightingale of Glynn, Odom of Camden, Parker of Appling and Harrison of Jeff Davis:
A Bill to be entitled an Act to amend an Act that provided for a salary system in lieu of a fee system for the Solicitor General of the Brunswick Judicial Circuit; and for other purposes.
HB 414. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to amend an Act entitled "An Act to con-
THURSDAY, FEBRUARY 17, 1955
815
solidate, amend and supersede the several Acts incorporating the Town of Wadley in the County of Jefferson; and for other purposes.
HB 417. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to provide for the permanent registration of voters of the City of Conyers; and for other purposes.
HB 427. By Messrs. Willingham, Reed and Bentley 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 change the tax rate; and for other purposes.
HB 428. By Messrs. Bagby of Paulding, Cornelius of Polk, McKelvey of Polk, Murphy of Haralson, Fowler of Douglas:
A Bill to be entitled an Act to create the office of Assistant SolicitorGeneral of the Tallapoosa Judicial Circuit; and for other purposes.
HB 429. By Mr. Matheson of Hart:
A Bill to be entitled an Act to amend an Act incorporating the City of Hartwell; and for other purposes.
HB 431. By Mr. Mull of Fannin:
A Bill to be entitled an Act to amend an Act creating a new charter and incorporating the City of McCaysville; and for other purposes.
HB 432. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to define the corporate limits in the territory known as the Forest Hills and Wheeler Heights area, etc., and for other purposes.
HB 433. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta, to authorize the City Council of Augusta to improve the sidewalks of the City; and for other purposes.
HB 434. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to authorize the Board of Education of Athens to sell certain described property without the necessity of a public auction; and for other purposes.
HB 435. By Messrs. Stephens and Matthews:
A Bill to be entitled an Act to grant a new charter to the City of Winterville, now incorporated as the Town of Winterville; and for other purposes.
816
JOURNAL OF THE HOUSE,
HB 436. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to repeal an Act entitled "An Act to provide for a budget in all counties of this State having a population of 200,000 or more, to define the word "Authorities" as used herein; so as to provide that the Comptroller shall be "Budget Officer"; and for other purposes.
HB 437. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to fix the salaries of the judges of Juvenile Courts in counties of Georgia having a population of 400,000 or more; and for other purposes.
HB 440. 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 own and operate, either alone or jointly with other political subdivisions of this State, a nursing Home for the care of aged, etc.; and for other purposes.
HB 441. By Messrs. Matthews and Stephens:
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 enlarge the corporate limits of the City of Athens; and for other purposes.
HB 442. By Messrs. Matthews and Stephens 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 close that portion of Childs St. lying between Prince Ave. and Meigs St. within the corporate limits of the City of Athens; and for other purposes.
HB 443. By Messrs. Matthews and Stephens of Clarke:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a City Court in the County of Clarke; and for other purposes.
HB 444. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act so as to provide that Coroners in Counties having a population of not less than 120,000 and not more than 145,000 shall receive a salary in lieu of the fees allowed by law for holding inquests; and for other purposes.
HB 447. By Messrs. Hall, Scoggin and Wright:
A Bill to be entitled an Act to authorize the Ordinary of any county having a population of not less than 62,000 to maintain Microfilm records of newspaper the official organ of the county, or other newspapers and such other records as may be required by law; and for other purposes.
THURSDAY, FEBRUARY 17, 1955
817
HB 456. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to amend the Charter of the City of Dalton, with respect to the Board of Water, Light and Sinking Fund Commissioners, etc.; and for other purposes.
HB 469. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of the County of Lumpkin; and for other purposes.
HB 471. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide for the merger of existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, lying outside the corporate limits of said city; and for other purposes.
HB 474. By Messrs. Scoggin, Hall and Wright of Floyd:
A Bill to be entitled an Act to repeal an Act entitled "An Act to establish a City Court in the County of Floyd; to establish the City Court of Floyd County; and for other purposes.
HB 476. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to create the Waycross and Ware County Development Authority; and for other purposes.
HB 477. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to amend an Act entitled "Gainesville Retirement Fund;" and for other purposes.
HB 478. By Messrs. Watson and Denson of Dougherty:
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 Dougherty; and for other purposes.
HB 479. By Mr. Ray of Warren:
A Bill to be entitled an Act to amend an Act entitled An Act to amend an Act to create and incorporate the City of Warrenton; and for other purposes.
HB 481. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to authorize the establishment in certain counties and municipalities of a Commission to be named the Local Government Improvement Commission; and for other purposes.
HB 485. By Mr. Hardaway of Meriwether:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the pay of the County Treasurer of Meriwether County; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 493. By Messrs. Tanner and Hayes of Coffee:
A Bill to be entitled an Act to provide for the fixing of the term of office of the Superintendent of Schools of Coffee County; and for other purposes.
HB 496. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to provide that the governing authorities of certain counties may charge for inspections, require permits and to set up a Code, and provide Rules and Regulations for the installations of heating and air-conditioning in said counties; and for other purposes.
HB 497. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to provide that the governing authorities of certain counties may charge for inspections, require permits, set up a Code, and provide rules and regulations for the installations of plumbing in said counties; and for other purposes.
HB 506. By Messrs. Cason of Pierce, Frier and Mincy of Ware, Hayes of Coffee and others:
A Bill to be entitled an Act to amend an Act which provided a salary for the Solicitor-General of the Waycross Judicial Circuit; and for other purposes.
HB 507. By Mr. Cason of Pierce:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Pierce; and for other purposes.
HB 106. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that a power of sale, unless limited in the instrument creating same, authorizes a private sale by the donee of such power, except as to instruments given to secure a debt; and for other purposes.
HB 107. By Mr. Stephens of Clarke:
A Bill to be entitled an Act to amend an Act of the General Assembly providing how dower may be barred by a sale by an administrator; and for other purposes.
HB 108. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that the right of a widow or minor child to a year's support from the estate of a decedent shall be barred by a sale by an administrator; and for other purposes.
HB 110. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to amend Section 110-1001 of the Code of
THURSDAY, FEBRUARY 17, 1955
819
Georgia of 1933 concerning the dormancy of judgments by providing for the filing and recording of written notices; and for other purposes.
HB 111. By Mr. Stephens of Clarke:
A Bill to be entitled an Act to amend Section 39-701 of the Code of Georgia of 1933 relating to the keeping of the general execution docket; and for other purposes.
HB 305. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to authorize the establishment of limited access highways in this State; to define limited access highways and local service road; and for other purposes.
HB 325. By Messrs. Potts and Stripling of Coweta and Bodenhamer of Tift:
A Bill to be entitled an Act to amend Code Section 32-908 relating to meetings of the County Board of Education, so as to provide that the County Board of Education shall hold a monthly meeting; and for other purposes.
HB 416. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend Section 92-3109 of the Code of Georgia, pertaining to deduction from gross income in computing net income for purposes of the Georgia income tax for depreciation; and for other purposes.
HR 119-392c. By Mr. Denmark of Liberty:
A Resolution authorizing and directing the State Librarian to furnish to the Superior Court of Liberty County, a complete set of the Georgia Supreme Court Reports and Court of Appeals Report; and for other purposes.
HR 137-495b. By Mr. Moorman of Lanier:
A Resolution authorizing and directing the State Librarian to furnish certain books to the Clerk of the Superior Court of Lanier County; and for other purposes.
HR 138-495c. By Mr. Moorman of Lanier:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Lanier County; and for other purposes.
HR 139-495d. By Mr. Parker of Appling:
A Resolution to provide the Court of Ordinary of Appling County certain enumerated law books; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit:
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JOURNAL OF THE HOUSE,
HB 475. By Mr. Russell of Barrow:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Barrow 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 151. By Mr. Groover of Bibb and others:
A Bill to be entitled an Act to regulate certain loans of $2,500.00 or less to be known as the Georgia Industrial Loan Act; to provide for license and define the persons who may operate thereunder; and for other purposes.
HB 344. By Messrs. Lokey, M. Smith and H. Smith of Fulton: A Bill to be entitled an Act to amend an Act entitled "An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions; and for other purposes.
HB 498. By Messrs. McKenna, Carlisle and Groover of Bibb: A Bill to be entitled an Act to codify all former Acts of the General Assembly relating to and dealing with the Municipal Court of the City of Macon; 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 178. By Mr. Groover of Bibb: A Bill to be entitled an Act to create an Engineering Advisory Board, and for other purposes.
HB 457. By Messrs. Kilgore of Gwinnett, Allen of Bullock and others: A Bill to be entitled an Act to amend an Act relating to the issuance of birth certificates, and for other purposes.
HB 482. By Messrs. Kelley and Kilgore of Gwinnett: A Bill to be entitled an Act to incorporate a new municipality to be known as the City of Berkeley Lake, and for other purposes.
HB 545. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to amend the Code relating to powers and duties of the State Highway Board, and for other purposes.
HB 554. By Mr. Sanders of Richmond:
A Bill to be entitled an Act to amend an Act relating to applications for corporate charters, and for other purposes.
THURSDAY, FEBRUARY 17, 1955
821
HR 141-495f. By Mr. Kennedy of Tattnall:
A Resolution compensating Dr. Hess and Clark, Inc., for damages, and for other purposes.
HR 148. By Mr. Matthews of Clarke:
A Resolution declaring certain State property as surplus, and for other purposes.
HR 179-573a. By Messrs. Register and Mathis of Lowndes:
A Resolution proposing a constitutional amendment providing for election of members of the Lowndes County Board of Education, and for other purposes.
SB 111. 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 certain counties, and for other purposes.
By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time:
SB 21. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act establishing a City Court in Hall County, and for other purposes.
The following amendment was read and adopted:
Williams of Hall moves to amend SB 21 by striking Section 2 thereof and inserting a new Section 2 to read as follows:
"The effective date for the salary increases provided in this Act shall be January 1, 1956.''
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 103, nays 0.
The bill having received the requisite constitutional majority, was passed, as amended.
The following report of the Committee on Rules was read and adopted:
REPORT OF THE COMMITTEE ON RULES
Mr. Speaker:
Your Committee on Rules submits the following report as the calendar for the 17th of February, 1955.-the bills to be called in the order listed. Unless
822
JOURNAL OF THE HOUSE,
otherwise specified, your Committee recommends as a condition of assignment that debate on all measures unless otherwise specified be limited to 20 minutes.
(1) SB 20. Voters Registration Act. (2) SR 31. Property, Johnson County. (3) SB 56. Unemployment Compensation, amend. (4) SB 61. Minimum Foundation Program. (5) SB 66. Slum Clearance. (6) SB 26. Private Banks. (7) SB 6. Designations, License tags. (8) SR 8. Carry-over legislation. (9) SB 106. Regulate use, public highways. (10) SB 9. Actions, non-residents, vehicles. (11) SR 17. State Park, Hall County. (12) SB 52. Service by publication; Ordinaries. (13) SB 86. Capital Stock, insurance companies. (14) SB 114. Felony, Attempt to escape. (15) SB 81. Gift of securities, minors.
Conference Reports on Senate Amendments to House Bills.
If this calendar is cleaned up, any bill, with the exception of SB 69, may be called up at the discretion of the Speaker.
Conference Reports, Compensation Resolutions, House Bills with Senate Amendments, Conference Committees and privilege Resolutions, may be called up by the Speaker at any time.
Respectfully submitted, Groover of Bibb, Vice-Chairman.
By unanimous consent, the following Bills of the Senate were withdrawn from the Committee on Municipal Government, read the second time and recommitted:
SB 59. 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, and for other purposes.
SB 87. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to pensions for employees of certain cities, and for other purposes.
THURSDAY, FEBRUARY 17, 1955
823
SB 91. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to the use of voting machines, and for other purposes.
SB 110. 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, and for other purposes.
SB 118. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide for the self-government of cities having a certain population, and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Counties and County Matters, read the second time and recommitted:
SB 109. By Senator Lovett of the 16th:
A Bill to be entitled an Act to amend an Act so as to provide that the Commissioners of Roads and Revenue of certain counties shall pay the cost of furnishing food to prisoners, and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Game and Fish, read the second time and recommitted:
HB 154. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to prohibit the sale of fresh water scale fish, and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from
the Committee on Education # 1, read the second time and recommitted:
SB 96. By Senator Raulerson of the 46th:
A Bill to be entitled an Act to amend an Act establishing the Minimum Foundation Program of Education, and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Insurance, read the second time and recommitted:
SB 99. By Senators Turner of the 34th and Harper of the 26th:
A Bill to be entitled an Act to amend an Act relating to authorized insurance companies, and for other purposes.
The following Resolutions of the House were read and adopted:
HR 203. By Mr. Roughton of Washington: A Resolution commending Reverend W. C. Bowen, Chaplain of the House of Representatives, 1955 session, and for other purposes.
824
JOURNAL OF THE HOUSE,
HR 204. By Messrs. Cowart of Calhoun, Twitty of Mitchell and others:
A Resolution expressing sympathy to the Honorable Lovette Dozier in the illness of his wife, and for other purposes.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 366. By Messrs. Hall, Wright and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to change the compensation of certain county officers of certain counties, and for other purposes.
The following Senate amendment was read:
Senator Davis of the 42nd moves to amend HB 366 by striking subsection K of Section 1 thereof in its entirety.
Mr. Hall of Floyd 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 366 was agreed to.
HB 117. By Messrs. Murphy of Haralson and Scoggin of Floyd:
A Bill to be entitled an Act to amend the Code relating to delinquent probationers, and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 117 by striking the word "chain gang" wherever it appears in said bill and by substituting the words "public works camp" in lieu thereof.
Mr. Murphy of Haralson 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 117 was agreed to.
HB 214. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act so as to provide that contractors shall be deemed consumers under the Sales and Use Tax Act, and for other purposes.
The following Senate amendment was read:
Senator Millican, of the 52nd, and Overby of 33rd, moves to amend HB 214 as follows:
Add a new paragraph at the end of Section reading as follows:
THURSDAY, FEBRUARY 17, 1955
825
"Whenever a contractor holding a contract with a general or prime contractor shall have posted with the commissioner of Revenue or his delegate a good and valid bond in a surety company authorized to do business in this State, or legal securities, in an amount not less than $1,000.00 or more than $10,000.00, as determined by the Commissioner of Revenue or his delegate, conditioned that all Sales and Use Taxes which may accrue to the State of Georgia on account of the execution of sub-contracts by subcontractors will be paid when due, and when such bond or legal securities are so posted then no general or prime contractor shall withhold any sums owing to the sub-contractor under their contract with respect to Sales and Use Taxes."
Mr. Groover of Bibb moved that the House disagree to the Senate amendment, and the motion prevailed.
The Senate amendment to HB 214 was disagreed to.
HB 109. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that the right of a widow to a year's support shall be defeated by death or remarriage prior to the setting apart of the year's support, and for other purposes.
The following Senate amendment was read:
Senator Hollis of the 24th moves to amend HB 109 by striking Section 1 in its entirety, and inserting in lieu thereof a new Section reading as follows: Section 1. The right of a widow to a year's support from the estate of her deceased husband shall be barred by the death of said widow, or by the subsequent re-marriage of said widow, prior to the setting apart of such year's support.
Mr. Stephens of Clarke moved that the House agree to the Senate amendment.
On the motion to agree, the nays were 109, nays 0.
The Senate amendment to HB 109 was agreed to.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 215. By Mr. Coxwell of Lee:
A Bill to be entitled an Act to amend an Act relating to the compensation of the Treasurer of Lee County, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act entitled "An Act to provide as compensation for the treasurer of Lee County a salary of seven
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JOURNAL OF THE HOUSE,
hundred dollars ($700) per year, instead of the commissions heretofore allowed by law," approved August 8, 1916 (Ga. L. 1916, p. 460), so as to increase the compensation of the treasurer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act entitled "An Act to provide as compensation for the treasurer of Lee County a salary of seven hundred dollars ($700) per year, instead of the commissions heretofore allowed by law.", approved August 8, 1916 (Ga. L. 1916, p. 460) is hereby amended by striking the figure and words "seven hundred ($700)" from Section 1 and in lieu thereof inserting the figure and words "nine hundred ($900) ", so that Section 1, as amended, shall read:
"Section 1. The treasurer of Lee County shall receive as sole compensation for his services a salary of nine hundred dollars ($900) per annum, the same to be divided into four equal installments and to be paid quarterly by the board of commissioners of roads and revenue of Lee County from the funds of Lee County. The salary provided herein shall be in lieu of any and all commissions or other compensation to said officer for his services."
SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Coxwell of Lee 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 215 was agreed to.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 392. By Messrs. Key of Jasper and Veal of Putnam:
A Bill to be entitled an Act to amend an Act so as to make the law prohibiting livestock from running at large applicable to every county, and for other purposes.
The following Senate amendment was read:
Senator Dean of the 40th moves to amend HB 392 so that the effective date of this Act shall be January 1, 1956.
Mr. Key of Jasper moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 109, nays 1.
THURSDAY, FEBRUARY 17, 1955
827
The Senate amendment was agreed to.
HB 46. By Messrs. Gunter and Williams of Hall: A Bill to be entitled an Act to consolidate the office of Tax Collector of Hall County and the office of Tax Receiver of Hall County into the office of Tax Commissioner, and for other purposes.
The following Senate amendment was read:
Senator Overby of the 33rd moves to amend HB 46 as follows:
By adding in the Title thereof, before the words "to repeal conflicting laws;" the words "to provide for a referendum;".
By striking in its entirety Section 4.
By re-numbering Section 5 as Section 4.
By re-numbering Section 6 as Section 5.
By adding a new section thereto, to be known as Section 6, to read as follows:
SECTION 6.
This Act shall not become effective unless approved by the people in a referendum election held for such purpose. The Ordinary of Hall County shall issue the call for an election for the purpose of submitting this Act to the voters of Hall County for approval or rejection. The date of the election shall be set for a day in the fourth week of November, 1955. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official organ of Hall County. The ballot shall have printed thereon the words:
"For approval of the Act consolidating the offices of Tax Collector and Tax Receiver into the one office of Tax Commissioner of Hall County.
"Against approval of the Act consolidating the office of Tax Collector and Tax Receiver into the one office of Tax Commissioner of Hall County.
"All persons desiring to vote in favor of this Act shall vote for approval, and those persons desiring to vote 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 in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Hall County. It shall be the duty of the Ordinary to hold and conduct such election. It shall be the duty of the Ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State."
Mr. Williams of Hall moved that the House agree to the Senate amendment.
828
JOURNAL OF THE HOUSE,
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 46 was agreed to.
HB 47. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to provide for placing certain officers of Hall County on a salary basis, and for other purposes.
The following Senate amendment was read:
Senator Overby of the 33rd moves to amend HB 47 as follows:
By striking in its entirety Section 1.
By re-numbering Section 2 as Section 1.
By re-numbering Section 3 as Section 2.
By re-numbering Section 4 as Section 3.
By striking in its entirety Section 5.
By re-numbering Section 6 as Section 4.
By re-numbering Section 7 as Section 5.
By adding a new section thereto, to be known as Section 6, to read as follows:
"Section 6. This Act shall not become effective unless approved by the people in a referendum election held for such purpose. The Ordinary of Hall County shall issue the call for an election for the purpose of submitting this Act to the voters of Hall County for approval or rejection. The date of the election shall be set for a day in the fourth week of November, 1955. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official organ of Hall County. The ballot shall have printed thereon the words:
'For approval of the Act placing the sheriff of Hall County, the Ordinary of Hall County, the clerk of the Superior Court of Hall County and of the City Court of Hall County on a salary basis in lieu of a fee basis.
'Against approval of the Act placing the sheriff of Hall County, the Ordinary of Hall County, the clerk of the Superior Court of Hall County and of the City Court of Hall County on a salary basis in lieu of a fee basis.'
"All persons desiring to vote in favor of this Act shall vote for approval, and those persons desiring to vote 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 in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Hall County. It shall be the duty of the Ordinary to hold and conduct such election. It shall the duty of the Ordinary to canvass the returns and
THURSDAY, FEBRUARY 17, 1955
829
declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State."
By re-numbering Section 8 as Section 7.
Mr. Williams of Hall 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 47 was agreed to.
HB 235. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act establishing the City Court of Albany, and for other purposes.
The following Senate amendment was read:
The Senate amends HB 235 by striking therefrom the figure and words "eight thousand two hundred and fifty ($8,250.00) dollars" and inserting in lieu thereof the words "eight thousand three hundred and seventy-five dollars ($8,375.00) ".
Mr. Watson of Dougherty 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 235 was agreed to.
The following Bill of the House was taken up for the purpose of considering the Senate substitute, thereto:
HB 223. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide for the expiration of drivers' licenses ten years after approval of this Act, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating a Department of Public Safety for the State of Georgia, known as the "Public Safety Department Act", approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended particularly by an Act approved February 19, 1951 (Ga. Laws 1951, p. 157) so as to provide that all drivers' license issued after effective date of this Act shall expire five (5) years from date of issue; to provide an expiration date for license issued prior to the effective date of this Act; to provide for the ex,amination or re-examination of all applicants for new or renewal license before issuance of
830
JOURNAL OF THE HOUSE,
a new or renewal license; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA.
SECTION 1.
An Act creating a Department of Public Safety for the State of Georgia and known as the "Public Safety Department Act" approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended particularly by an Act approved February 19, 1951 (Ga. Laws 1951, pp. 157, 172), is hereby amended by striking Section 5 of Article IV in its entirety and inserting in lieu thereof the following:
"Section 5. All license issued after the effective date of this Act shall expire five (5) years from the date the license is issued. All licenses issued prior to the effective date of this Act shall expire March 31, 1960. No new or renewal drivers' license shall be issued until the person applying for a new or renewal license shall have taken a complete examination, or re-examination as the case may be. Provided, however, that nothing contained herein shall prevent the revocation of any such license now in force or hereafter issued for any legal reason as now or hereafter provided by law."
SECTION 2. This Act shall become effective April 1, 1955.
Mr. Bentley of Cobb moved that the House agree to the Senate substitute. On the motion to agree, the ayes were 107, nays 3.
The Senate substitute to HB 223 was agreed to.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 146. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to amend the Intangible Property Tax Act, and for other purposes.
The following Senate amendments were read:
Hollis of 24th moves to amend HB 146 by striking the phrase "recording tax" wherever it appears, and substituting the words "intangible tax herein levied."
Committee on State of Republic moves to amend HB 146 by changing the number of Section 6 to Section 7 and inserting in lieu of Section 6 a new Section 6 to read as follows:
Section 6. Said Act is further amended by adding an additional section to follow Section 18, Part I of this Act, said new section to be appropriately' numbered, to read as follows:
THURSDAY, FEBRUARY 17, 1955
831
"In order to insure that the holders of long term notes shall not be unduly delayed in filing the real estate instrument securing said notes with the Clerk of the Court, it is further provided that: In the event the tax collector or tax commissioner required to collect the tax imposed by Section 4, Part I of this Act is temporarily absent from his office for reasons of health, vacation or otherwise, he shall designate the Clerk of the Court or other qualified person as deputy who shall be on duty to collect this tax in his absence. In the event of death of the tax collector or tax commissioner, the county commissioners or other appropriate governing authority shall immediately designate the Clerk of the Court or other qualified person to collect this tax until a new tax collector or tax commissioner shall qualify for the position as required by law."
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Groover of Bibb moved that the House agree to the Senate amendments.
On the motion to agree, the ayes were 109, nays 0.
The Senate amendments to HB 146 were agreed to.
HB 64. By Messrs. Bentley of Cobb, Deen of Bacon and others:
A Bill to be entitled an Act to amend the Code relating to absentee voting, and for other purposes.
The following Senate amendment was read:
Amend HB 64 by striking the word "Registered" where it appears in line 9 Sec. 1 and line 8 Sec. 2 and line 7 Sec. 3 and strike word "Register" in Sec. 4 line 12 and insert word "Mail".
Mr. Bentley 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 64 was agreed to.
HB 404. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to the Public Safety Department, and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd, moves to amend HB 404, as follows:
By adding in the title, after the word "accordingly", the following: "to provide for a Security Division; to provide for a Supervisor of said Division, with rank and pay of Captain; to provide for duties, functions and powers of such Division;" and
832
JOURNAL OF THE HOUSE,
By adding a new section, to be known as Section 2, to read as follows:
"Section 2. Said Act is further amended by adding a new section to Article 3, to be known as Section 1A, to read as follows:
"Section 1A. There is hereby created within the Department of Public Safety, as a part of the Bureau of Investigation, a Division to be known as the Security Division, which shall function under the Act known as the Subversive Activities Act, approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Session, p. 216), as now or hereafter amened, in the investigation, detection, apprehension and prosecution of violators of said Act. There shall be a supervisor of the Security Division, who shall hold the rank and receive the pay of Captain. The Security Division shall keep and preserve all the information and records it gathers in its work under said Act in an absolutely secure manner and such records and information shall be released only in the manner provided in the aforesaid Act. Said Division shall be responsible in the performance of its duties under said Act to the Governor, Attorney General and the Special Assistant Attorney General, as provided in said Act. The supervisor and the agents assigned to the Security Division shall have the power and authority to make arrests, serve subpoenas, conduct searches and seizures and perform such other duties as may be imposed by said Act." and
By re-numbering Section 2 as Section 3.
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 404 was agreed to.
HB 184. By Messrs. Mincy of Ware and Harrison of Wayne.
A Bill to be entitled an Act to regulate the sale of funeral mechandise, and for other purposes.
The following Senate amendments were read:
Turner of the 34th moves to amend HB 184 by striking therefrom Section 2 of said Bill and inserting in lieu thereof a new section to be known as Section 2, which reads as follows:
"Section 2. The words 'funeral merchandise' when used in this Act shall mean article of merchandise used in interment of dead human bodies, and shall include burial vaults, coffins or caskets, and burial clothing."
Senator Hollis of 24th moves to amend HB 184 by inserting in the fourth line of Section 3 after the word "sale" the following:
"until an amount equal to the seller's cost of such merchandise shall have been deposited."
Senator Hollis of 24th moves to amend HB 184 by striking Section 4 in its entirety and substituting therefor the following:
THURSDAY, FEBRUARY 17, 1955
833
"Section 4. When the seller shall have delivered the merchandise and performed the services contracted for, then upon proof of such delivery and performance satisfactory to such Bank or Trust Company, such Bank or Trust Company shall be authorized to pay over the funds in trust to the seller."
Mr. Mincy of Ware 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 184 were agreed to.
HB 349. By Messrs. Foster and Blalock of Clayton: A Bill to be entitled an Act to amend an Act incorporating the City of Morrow, and for other purposes.
The following Senate amendment was read:
Mr. Harper of 26th moves to amend HB 349 by inserting the following:
"Section 19A. Not less than fifteen 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 Mayor and Council of the City of Morrow to issue the call for an election for the purpose of submitting this Act to the voters of the City of Morrow for approval or rejection. The date of the election shall be set for a day not less than twenty nor more than thirty days after the date of the issuance of the call. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official gazette of the City of Morrow. The ballot shall have printed thereon the words:
'For approval of the Act amending the Charter of the City of Morrow so as to provide for zoning regulations for city planning, for the erection and construction of buildings, for the laying out of parks and streets, the control of traffic and to regulate and control housing conditions; to provide for the election and terms of the Mayor and Council; and for other purposes.'
'Against approval of the Act amending the Charter of the City of Morrow so as to provide for zoning regulations for city planing, for the erection and construction of buildings, for the laying out of parks and streets, the control of traffic and to regulate and control housing conditions; to provide for the election and terms of the Mayor and Council; and for other purposes.'
All persons desiring to vote in favor of the Act shall vote for approval and those persons desiring to vote 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 in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the City of Morrow. It shall be the duty of the Mayor and Council to hold and conduct such
834
JOURNAL OF THE HOUSE,
election. It shall be the duty of the Mayor and Council to canvass the returns and declare and certify the results of the election. It shall be their further duty to certify the results thereof to the Secretary of State."
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 349 was agreed to.
HB 494. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to incorporate the City of Ambrose, and for other purposes.
The Senate amends HB 494 as follows:
Section 36. Insert in line 8, after the word "purposes", the wording "except property of an existing public utility company''.
Section 78. Eliminate words "electric light plant" from line 5.
Section 106. Eliminate from line 6, the words "electric light", and from lines 10 and 11, the words "electric light and power plant".
Mr. Hayes of Coffee 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 494 was agreed to. The following Resolution of the Senate was read and adopted:
SR 37. By Senator Harrison of the 17th:
A Resolution ratifying a license granted to the United States of America relative to Magnolia State Park, and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:
HB 234. By Messrs. Watson of Dougherty, Gunter of Hall and others: A Bill to be entitled an Act to provide for the recording of affidavits showing facts affecting land titles, and for other purposes.
The following Conference Committee Report was read:
CONFERENCE COMMITTEE REPORT
Conference Committee, House Bill 234, appointed by the President of the Senate and Speaker of the House, met at 5:30 P. M., February
THURSDAY, FEBRUARY 17, 1955
835
15, 1955. All members were present except Senator Page, who was absent because of illness.
The Committee recommends that the following substitute be adopted instead of either the House or Senate versions of the Bill.
AN ACT
To provide for the recording of affidavits showing facts affecting title to land; to provide for the admissibility of such affidavits in evidence; to provide for the recording of such affidavits and the compensation therefor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Recorded affidavits shall be notice of the facts therein recited, whether heretofore or hereafter recorded and whether taken at the time of a conveyance of land or not, where such affidavits show the relationship of parties or other persons to conveyances of land, the relationship of any parties to any conveyance with other parties whose names are shown in the chain of title to lands, the ages of any person or persons connected with the chain of title, whether the land embraced in any conveyance, or any part of such land or right therein, has been in the actual possession of any party or parties connected with the chain of title; the payment of debts of an unadministered estate; the fact and/or date of death of any person connected with such title, where such affidavits relates to the identity of parties whose names may be shown differently in chains of title; where such affidavits show the ownership or adverse possession of lands or that other persons have not owned such lands nor been in possession of same; or where such affidavits state any other fact or circumstance affecting title to land or any right, title, interest in or lien or encumbrance upon land. Any such affidavits may be made by any person whether connected with the chain of title or not.
SECTION 2.
In any litigation over any of the lands referred to and described in any of such affidavits in any court in the State of Georgia or in any proceedings in any such court involving the title to such lands wherein the facts recited in such affidavits may be material, the said affidavits or certified copies of the record thereof, shall be admissible in evidence and there shall be a rebuttable presumption that the statements in said affidavits are true. The said affidavits or certified copies thereof shall only be admissible as evidence in the event the parties making the affidavits are deceased or are non-residents of the State or their residence unknown to the parties offering the affidavits or such parties are too old, infirm or sick to attend court.
SECTION 3.
Affidavits referred to in the two preceding sections shall be filed by the Clerk of the Superior Court of the county where the land lies,
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JOURNAL OF THE HOUSE,
and shall contain a caption referring to the then owner and to a deed or other recorded instrument in the chain of title of the affected land, and the Clerk of the Superior Court shall record such affidavits and shall enter on the deed or other recorded instrument so referred to the book and page on which such affidavit may be recorded and shall index same in the name of the then purported owner as shown by such caption in both grantor and grantee indexes in deed records as conveyances of lands are recorded and indexed, and he shall receive the same compensation therefor as for recording deeds to lands.
SECTION 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Respectfully submitted, Jefferson L. Davis, Senator 42nd Douglas Carlisle, Bibb County Repr. Howell Hollis, Senator 24th Arthur Bolton, Spalding County Repr. G. Stuart Watson, Dougherty County Repr.
Mr. Watson of Dougherty moved that the House adopt the Conference Committee Report.
On the motion, the ayes were 107, nays 0.
The Conference Comhittee Report on HB 234 was adopted.
Under the order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time :
SB 20. By Senator Dean of the 40th: A Bill to be entitled an Act to amend an Act known as the "Voters' Registration Act", and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "Voters Registration Act" and shall execute a complete revision of all the laws of this State relating to the subject of registration and qualification of voters, and provided for county registrars, approved February 25, 1949 (Ga. Laws 1949, p. 1204) as amended by an Act approved February 8, 1950 (Ga. Laws 1950, p. 126) and an Act approved February 4, 1952 (Ga. Laws 1952, p. 12) so as to provide that a county registrar shall not be eligible to offer as a candidate for any state or county office in any primary, special or general election, while holding said position; to provide that a county registrar must resign as such prior to the time for holding any election in which he desires to offer as a candidate for public office; to provide that the failure
THURSDAY, FEBRUARY 17, 1955
837
to resign as required by this Act shall make a county registrar ineligible to hold any public office; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA.
SECTION 1.
An Act known as the "Voters Registration Act", which executed a complete revision of the laws of this State relating to the registration and qualification of voters and provided for county registrars, approved February 25, 1949 (Ga. Laws 1949, p. 1204), as amended by an Act approved February 8, 1950 (Ga. Laws 1950, p. 126) and an Act approved February 4, 1952 (Ga. Laws 1952, p. 12) is hereby amended by adding a new section to be numbered Section 6A to read:
"Section 6A. A county registrar shall not be eligible to offer as a candidate for any State, county or national office in any primary, special or general election while holding said position. Any person serving as a county registrar must resign that position sixty (60) days or more prior to the time for holding any election in which such person desires to offer as a candidate for public office, and the failure to resign as required by this Section shall make a county registrar ineligible to serve as an elected public official. The provisions of this Section shall not apply to special elections called within the sixty (60) day period."
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 112, nays 0.
The bill having received the requisite constitutional majority, was passed, by substitute.
The bill was ordered immediately transmitted to the Senate.
SR 31. By Senator Shurling of the 21st:
A Resolution authorizing the conveyance of certain lands to Johnson County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 105, nays 0.
838
JOURNAL OF THE HOUSE,
The resolution, having received the requisite constitutional majority, was adopted.
The resolution was ordered immediately transmitted to the Senate.
SB 56. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend an Act known as the Unemployment Compensation Law, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The bill having received the requisite constitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
SB 61. By Senator Page of the 1st and others: A bill to be entitled an Act to amend an Act known as the Minimum Foundation Program for Education Act, and for other purposes.
The following Committee amendment was read and adopted: The committee moves to amend SB 61 by adding the following
sentence to the end of the second paragraph of Section 1: And further provided that the State Board of Education shall at
the beginning of the fiscal year 1955-56, and each subsequent year thereafter, set aside from total appropriation for education a portion of said appropriation to meet these adjustments, as authorized under the terms of this section when such funds are available."
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 5.
The bill having received the requisite constitutional majority, was passed, as amended.
The bill was ordered immediately transmitted to the Senate.
The following Resolutions of the House were read and adopted:
HR 205. By Mr. Duke of Baldwin:
A Resolution requesting compensation for the Clerk of the Superior Court and the Sheriff of Baldwin County for costs due in habeas corpus proceedings, and for other purposes.
THURSDAY, FEBRUARY 17, 1955
839
HR 206. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Resolution expressing thanks to the members of the State Highway Board and John C. Lewis for courtesies extended, and for other purposes.
Under the order of business established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:
SB 66. By Senator Overby of the 33rd and others:
A Bill to be entitled an Act to provide for slum clearance, and for other purposes.
The following amendment was read and adopted:
Mr. H. Smith of Fulton moves to amend subsection (b) of Section 7 by inserting the following between the word "improvements" (line 7) and the semi-colon:
, provided that neither the municipality itself, nor an Urban Redevelopment Agency or housing authority acting pursuant to an election under Section 15 of this Act, shall provide, install, or construct any public utility of the same kind or character as an existing utility operating in the municipality if such existing utility is providing reasonably adequate and proper service, as determined by the Georgia Public Service Commission.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 103, nays 2.
The bill having received the requisite constitutional majority, was passed, as amended.
The bill was ordered immediately transmitted to the Senate.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 475. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Barrow County, and for other purposes.
The following Senate amendment was read:
Senator Harden of the 43rd, moves to amend HB 475 by adding to Section 3 as follows:
Provided, however, that the salary increases provided herein shall not become effective until January 1, 1957.
840
JOURNAL OF THE HOUSE,
Mr. Russell of Barrow 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 475 was agreed to.
Under the order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 26. By Senator Reynolds of the 8th:
A Bill to be entitled an Act to amend the Code so as to prohibit the organization of new private 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 53, nays 71.
The bill having failed to receive the requisite constitutional majority, was lost.
The following Resolutions of the House were read and adopted:
HR 207. By Messrs. Moate of Hancock, Twitty of Mitchell and others:
A Resolution congratulating Honorable Robert Scoggin on becoming a proud father once again, and for other purposes.
HR 208. By Messrs. Deen of Bacon and Key of Jasper:
A Resolution commending the Georgia Power Company and to encourage and request other businesses to develop similar plans and programs, and for other purposes.
HR 209. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Resolution expressing thanks to Mr. Ed. W. Hiles and Georgia Savings and Loan League for flowers, and for other purposes.
Under the order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 6. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to fees for licensing of vehicles, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
THURSDAY, FEBRUARY 17, 1955
841
On the passage of the bill, the ayes were 107, nays 1.
The bill having received the requisite constitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
The Speaker announced the House recessed until 1:30 o'clock this afternoon.
AFTERNOON SESSION The Speaker called the House to order.
The following Resolution of the House were read and adopted:
HR 210. By Mr. Lavender of Elbert: A Resolution expressing appreciation to all the Departments who assigned courtesy secretaries to this body and to the young ladies for their cooperation and assistance, and for other purposes.
HR 211. By Mr. Hawkins of Screven: A Resolution expressing regret on the passing of its former member, Honorable I. H. Evans of Screven County, and for other purposes.
The following Bill of the Senate was taken up for the purpose of considering the Senate amendment thereto:
HB 439. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act consolidating the office of tax receiver and tax collector of Carroll County, and for other purposes.
The following Senate amendment was read:
The Senate amends HB 439 by striking from Section 2, Line 3, the figure $3,000.00 and inserting in lieu thereof the figure $4,200.00 and by striking from Line 5, Section 2, the figure $3,950.00 and inserting in lieu thereof the figure $3,450.00.
Mr. Duncan of Carroll 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 439 was agreed to.
Under the order of business established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:
842
JOURNAL OF THE HOUSE,
SR 8. By Senator Millican of the 52nd:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the General Assembly to consider business pending at the adjournment of any regular session at any later regular session; to provide for the submission of this proposed amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article III, Section IV, Paragraph III, of the Constitution relating to meetings of the General Assembly, as amended, is hereby amended by striking in said paragraph the sentence, "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.", and inserting in lieu thereof the following: "All business pending in the Senate or House at the adjournment of any regular session may be considered at any later regular session of the same General Assembly, as if there had been no adjournment.", so that when so amended said Paragraph III shall read as follows:
"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 of the same General Assembly, as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of 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 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. Such proposed amendment shall be submitted as provided in said Paragraph.
THURSDAY, FEBRUARY 17, 1955
843
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 consider business pending at the adjournment of any regular session at any later regular session of the same General Assembly.
"Against ratification of amendment to the Constitution, so as to authorize the General Assembly to consider business pending at the adjournment of any regular session at any later regular session of the same General Assembly.''
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 such amendment shall be ratified as provided in said Paragraph of the Constitution, it 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 Ayers Bagby Barber of Jackson Baughman Birdsong Black Blackburn Bodenhamer Boggus Bolton Brannen Caldwell Campbell Carlisle Cates Chambers Cheatham Cheek Clary Cloud Cocke
Coker of Walker Cornelius Cotton Cowart Coxwell Deal Deen Denmark Denson Drinkard Duncan Elder English Eyler Fain Floyd Flynt Fordham Fowler of Douglas Fowler of Tift Freeman Frier
Garrard Gilleland
Green of Rabun Greene of Crisp Grimsley Groover
Gross of Stephens Gross of Dade Gunter Harrell Harris Harrison of Wayne Hawkins Hayes Henderson Hendrix Holley Houston Huddleston Hudson Jackson Jessup
844
JOURNAL OF THE HOUSE,
Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kilgore Killian King of Whitfield King of Pike Kitchens Lam Lanier Lavender Lindsey Lokey Long Lowe Mackay Mallory Martin Mashburn Mas see Mathis of Lowndes Matthews Mauldin McKelvey
McKenna Mincy Mobley Moore Moorman Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Parker Peacock Perkins Peters Pettey Potts Ramsey Reed Register Roughton Rowland Ruark Russell Sanders Sheffield
Short Sivell Smith of Evans M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tarpley Todd Truelove Twitty
Underwood of Bartow Underwood of
Montgomery Veal Walker Watson Weems Williams Willingham Wilson of Towns Wilson of Peach Wooten Young
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 149, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto :
HB 140. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act relating to optometry, and for other purposes.
The following Senate amendment was read:
Senator Hollis of the 24th moves to amend House Bill 140 as follows:
By striking the semicolons in sub-section (c) and substituting therefor "commas".
By striking from Section 2 the word "learned".
By adding a new section to be known as Section 3, and to read as follows:
THURSDAY, FEBRUARY 17, 1955
845
"Nothing in this Act shall be construed to affect any establishment engaged in the business of selling ready made glasses, sunglasses, or non-prescriptioned industrial goggles who are not rendering or attempting to render a professional optometic service."
By re-numbering original Section 3 to become Section 4.
Mr. Lavender of Elbert moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 105, nays 1.
The Senate amendment to HB 140 was agreed to.
HB 498. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act to codify all Acts relating to the Municipal Court of the City of Macon, and for other purposes.
The following Senate amendment was read:
Senator Chance of 51st moves to amend HB 498 by striking the figure "41" in Section 42 and in lieu thereof inserting the figure "40" and by striking the figure "42" in Section 42 and in lieu thereof inserting the figure "41".
Mr. McKenna 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 498 was agreed to.
HB 344. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act relating to payment of pensions by the Commissioners of Roads and Revenues of Fulton County, and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend Section II of the HB 344 by striking the next to the last sentence thereof and inserting in lieu thereof the following:
"Where benefits heretofore granted are payable out of the funds in the hands of the Board of Trustees provided herein, the same benefits shall continue to be paid out of the same funds but increased benefits provided in this amendment shall be paid out of the county treasury from funds received from sources other than taxation.", so that said Section II when so amended shall read as follows:
Section II. Pension payments due to former officers and employees who have heretofore retired as a matter of right after 25 years of service and who may so retire before the effective date of this act, and have been awarded pensions under the terms of this act, shall
846
JOURNAL OF THE HOUSE,
be increased in the following amounts, and subject to the limitations hereinafter set forth. All such persons shall have their future pension payments made on the basis of one-half pay but not to exceed $100.00 per month, plus $5.00 per month for each full year's active service in excess of 25 years but not in excess of 35 years, provided that no such person, as a result of this amendment, shall draw more than $150.00 per month in pensions. This section shall be effective April 1, 1955. Where benefits heretofore granted are payable out of the funds in the hands of the Board of Trustees provided herein, the same benefits shall continue to be paid out of the same funds but increased benefits provided in this amendment shall be paid out of the county treasury from funds received from sources other than taxation. Where benefits are payable directly from the treasury of the county, the increased benefits shall also be paid out of the treasury of the county.
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 344 was agreed to.
HB 151. By Mr. Groover of Bibb and others:
A Bill to be entitled an Act to be known as the Georgia Industrial Loan Act, and for other purposes.
The following Senate amendments were read:
The Senate moves to amend House Bill No. 151, Section 6 (d), by striking the first three lines through the words ending with the word "Governor", and inserting in lieu the following:
"There is hereby created an Advisory Board consisting of five citizens of the State of Georgia. The original members and their successors shall be nominated by the Commissioner, subject to appointment by the Governor. One of these members shall represent the public; one shall be a member of the Georgia Bar Association; one shall be a member of the Small Loan Industry; one shall be a member of the General Assembly; one shall be a law enforcement officer."
Moves to amend House Bill No. 151, Section 7, line 16, by striking the word "not" and inserting in lieu thereof the word "also".
Moves to amend House Bill No. 151, Section 9, by adding after the word "licensee" in line 3, the following:
"not more than one license shall be issued to the same person, firm, or corporation, or having the same officers, within a distance of 300 ft. from another location operated by the same person, firm, or corporation, or having the same officers."
Moves to amend House Bill No. 151, Section 15 (c), line 4, after the word "insurance", the words "including group insurance".
Amend House Bill No. 151, Section 15, Sub-section C by adding at the end of said Sub-section the following:
THURSDAY, FEBRUARY 17, 1955
847
"No person, firm, or corporation making any loan under the provisions of this Act shall directly or indirectly receive any of the premiums as commission, refund, override, rebate on the sale of any type insurance at the time the loan is made but the entire proceeds of the sale of insurance shall go to the insurance company". The Insurance company in turn may pay to the party writing the insurance policy sold in connection with the loan a fee not in excess of ten (10%) percent of the amount collected and paid to the insurance company.
Amend House Bill 151, Section 16, by adding at the end of said Section the following:
"Any renewal or increased amount to any outstanding loan at the time of the effective date of this bill shall be on the basis of the provisions of this Act."
Amend House Bill 151, Section 18, by striking the figure $75,000 in line 2 and inserting in lieu the figure $25,000. And by striking the figure $195,000 in line 4 and inserting the figure $100,000.
Amend House Bill 151, Section 19, by striking the words in the first and second lines "or within seven (7) days thereafter".
Mr. Groover of Bibb moved that the House disagree to the Senate amendments to HB 151, and the motion prevailed.
The Senate amendments to HB 151 were disagreed to.
By unanimous consent, the House reconsidered its action in agreeing to the Senate amendment to the following Bill of the House:
HB 404. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to the Public Safety Department.
Mr. Groover of Bibb moved that the House disagree to the Senate amendment to HB 404, and the motion prevailed.
The Senate amendment to HB 404 was disagreed to.
The following Resolution of the House was read and referred to the Committee on Public Property:
HR 212. By Messrs. Duke of Baldwin and Massee of Baldwin:
A Resolution authorizing the disposition of certain property located in Baldwin County and for other purposes.
Under the order of business established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time :
848
JOURNAL OF THE HOUSE,
SB 106. By Senator Morrison of the 15th and others:
A Bill to be entitled an Act to provide for weights and loads of 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Allen Bagby Barber of Colquitt Barber of Jackson Birdsong Black Blackburn Bloodworth Boggus Brannen Campbell Carlisle Cates Cheek Clary Cloud Cocke Coker of Walker Cotton Cowart Deal Denmark Denson Drinkard Duke Elder Flynt Fordham Fowler of Douglas Frier Garrard Gillis Goodson Green of Rabun Greene of Crisp Gross of Dade
Hardaway Harrell Harrison of Wayne Hawkins Hayes Henderson Hendrix Holley Houston Huddleston Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jordan Kennedy of Turner Kennedy of Tattnall Key King of Whitfield Lam Lanier Lavender Lindsey Long
Lowe Mackay
Mas see Mathis of Lowndes Matthews McKenna Moore Moorman Murphey of Crawford Murphy of Haralson Musgrove Odom
Palmer Parker Peacock Perkins Peters Potts Ramsey Raulerson Register Roughton Rowland Ruark Sanders Sheffield Short Sivell Smith of Evans M. M. Smith of Fulton Sognier Souter Stephens of Clarke Strickland Stripling Tamplin Tanner Tarpley Truelove Twitty Underwood of
Montgomery Upshaw Veal Walker Willingham Wilson of Towns Wilson of Peach Wright
Those voting in the negative were Messrs.:
Ayers Baughman
Bentley Bodenhamer
Bolton Caldwell
THURSDAY, FEBRUARY 17, 1955
849
Cheatham Coker of Cherokee Cornelius Coxwell Deen Duncan English Fain Floyd Freeman Grimsley Groover
Gross of Stephens
Gunter Harris Hudson Jones of Sumter Kelley Kilgore Killian King of Pike Lokey Mauldin McKelvey
McWhorter Mincy Mobley Murr Nightingale Nilan Reed Stevens of Marion Todd Young
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.
SB 9. By Senator Hollis of the 24th:
A Bill to be entitled an Act to amend an Act providing for actions against non-residents operating motor vehicles, and for other purposes.
The following amendment was read and adopted:
Mr. Chambers of Richmond moves tc:i amend SB 9, by striking from Section 3 line 10 (ten), the words "and criminal".
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.
The bill was ordered immediately transmitted to the Senate.
SR 17. By Senator Overby of the 33rd:
A Resolution proposing the development of a State Park in Hall County, and for other purposes.
The following amendment was read and adopted:
Messrs. Mashburn of Forsyth and Williams and Gunter of Hall, Gilleland of Dawson, move to amend SR 17 as follows:
By striking "Hall County" in the first paragraph thereof, and inserting in lieu thereof, "Buford Dam Reservoir Area".
By striking from the second paragraph thereof, "Hall County", and inserting in lieu thereof "the Buford Dam Reservoir Area".
850
JOURNAL OF THE HOUSE,
By striking from paragraph four thereof the words "Hall County and".
By striking from paragraph five thereof the words "Hall County", and inserting in lieu thereof, "the Buford Dam Reservoir Area".
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 114, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.
The bill was ordered immediately transmitted to the Senate.
SB 52. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to amend the Code relating to proceedings in Ordinary 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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 114. By Senators Morrison of the 15th and others:
A Bill to be entitled an Act to provide that it shall be a felony to attempt or escape from prison, and for other purposes.
An amendment offered by Mr. Freeman of Monroe was read and withdrawn.
The following amendment was read and adopted:
Mr. Groover of Bibb moves to amend SB 114 as follows:
1. By inserting in the second sentence of the last paragraph of Section One after the word "confined" the words "in a public works camp or penitentitary" and by striking from said paragraph the words "municipal ordinance or"
2. By adding at the end of Section 2 the following "provided further any person who after conviction shall escape from the chain gang or other place of confinement or imprisonment for the violation of any municipal, county or state law and not within the provisions of the first sentence, and shall be thereafter retaken, shall be guilty of a misdemeanor."
3. By inserting in Section 2 in the last paragraph after the word "imprisonment" the words "as specified in the first sentence of Section 26-4507".
THURSDAY, FEBRUARY 17, 1955
851
4. Wherever the word "chain gang" appears to insert in lieu thereof the words "public works camp".
An amendment offered by Mr. Matthews of Clarke was read and withdrawn.
An amendment offered by Mr. Floyd of Chattooga was read and ruled out of order.
An amendment offered by Messrs. Bagby of Paulding and Murphy of Haralson was read and 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. Groover 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.:
Adams Allen Barber of Colquitt Barber of Jackson Baughman Birdsong Black Blackburn Bodenhamer Boggus
Cates Chambers Cheatham Clary Cloud Cocke Coker of Cherokee Cotton Cowart Coxwell Deal Deen Denmark Denson Drinkard Duncan Elder Eyler
Fain Flynt Fordham Fowler of Douglas Frier
Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Hardaway Harrell Harris Harrison of Wayne Hawkins Hayes Henderson Hendrix Hogan Huddleston Hudson Ivey Jessup Johnson of Jenkins Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian
King of Whitfield King of Pike Kitchens Lam Lanier Lavender Lindsey Lowe Mallory Martin Massee Mauldin McGarity Mincy Mobley Moore Moorman Murphey of Crawford Murphy of Haralson Musgrove Nilan Odom Parker Peacock Perkins Peters Pettey Potts Ramsey Raulerson Ray Rodgers Roughton
852
JOURNAL OF THE HOUSE,
Ruark Sanders Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton
M. M. Smith of Fulton Sognier Souter Stripling Tamplin Turk Twitty Underwood of
Montgomery
Upshaw Walker Weems Williams Willingham Wilson of Towns Wilson of Peach
Those voting in the negative were Messrs.:
Ayers Bagby Bentley Bolton Campbell Carlisle Coker of Walker Duke English Floyd Fowler of Tift Freeman
Gunter Holley Houston Jackson Lokey Mackay Mashburn Mathis of Lowndes Matthews McKenna Nightingale Palmer
Reed Register Russell Stephens of Clarke Stevens of Marion Strickland Tarpley Todd Veal Watson Wright Young
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 123, nays 36.
The bill, having received the requisite constitutional majority, was passed, as amended.
The bill was ordered immediately transmitted to the Senate.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate insists on its position to the following Bills of the House and respectively requests that a Committee of Conference be appointed:
HB 151. By Mr. Groover of Bibb and others:
A Bill to be entitled an Act to regulate certain loans of $2,500.00 or less to be known as the Georgia Industrial Loan Act; to provide for license and define the persons who may operate thereunder; and for other purposes.
The President of the Senate has appointed as a Committee of Conference
. to HB 151 the following members of the Senate, to-wit: Senators Hollis of the
24th, McBride of the lOth and Harden of the 27th.
THURSDAY, FEBRUARY 17, 1955
853
HB 214. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act entitled "The Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that contractors shall be deemed to be consumers under this Act; and for other purposes.
The President of the Senate has appointed as a Committee of Conference to HB 214 the following members of the Senate, to-wit: Senators Millican of the 52nd, Garrett of the 53rd and Steis of the 25th.
HB 404. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend that Act of the General Assembly entitled "Public Safety Department", by striking the words "Drivers License Bureau Supervisor with the rank and pay of Lieutenant"; and for other purposes.
The President of the Senate has appointed as a Committee of Conference to HB 404 the following members of the Senate, to-wit: Senators Millican of the 52nd, Ricketson of the 19th and Jones of the 23rd.
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to-wit:
HB 99. By Mr. Chambers of Richmond:
A Bill to be entitled an Act to amend an Act relating to the taxation of banks and banking associations and their branches, and also relating to the taxation of shares of stock of stockholders of banks, etc., and for other purposes.
The Senate has adopted the following resolutions of the House to wit:
HR 170-550b. By Messrs. Bentley of Cobb and Underwood of Bartow: A Resolution directing the Georgia Public Service Commission to intervene in interstate commerce commission finance docket 18845 as the official representative of the State, and for other purposes.
HR 190. By Mr. Long of Murray: A Resolution to designate State Route 225 as the Joseph Vann Highway; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on the Senate amendment thereto:
HB 151. By Mr. Groover of Bibb and others:
A Bill to be entitled an Act to be known as the Georgia Industrial Loan Act, and for other purposes.
Mr. Groover of Bibb moved that the House insist on its position and appoint
854
JOURNAL OF THE HOUSE,
a Committee of Conference to confer with a like committee on the part of the Senate, and the motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate, the following members: Messrs. Twitty of Mitchell, Sheffield of Brooks, and Groover of Bibb.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on the Senate amendment thereto:
HB 214. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act so as to provide that contractors shall be deemed to be consumers under the Sales and Use Tax Act, and for other purposes.
Mr. Groover of Bibb moved that the House recede from its position relative to the Senate amendment to HB 214 and the motion prevailed.
The following amendment to HB 214 was read:
Senator Millican, of the 52nd, and Overby of 33rd, moves to amend HB 214 as follows:
Add a new paragraph at the end of Section reading as follows:
"Whenever a contractor holding a contract with a general or prime contractor shall have posted with the Commissioner of Revenue or his delegate a good and valid bond in a surety company authorized to do business in this State, or legal securities, in an amount not less than $1,000.00 or more than $10,000.00, as determined by the Commissioner of Revenue or his delegate, conditioned that all Sales and Use Taxes which may accrue to the State of Georgia on account of the execution of sub-contracts by subcontractors will be paid when due, and when such bond or legal securities are so posted then no general or prime contractor shall withhold any sums owing to the sub-contractor under their contract with respect to Sales and Use Taxes."
Mr. Groover of Bibb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 113, nays 0.
The Senate amendment to HB 214 was agreed to.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 99. By Mr. Chambers of Richmond:
A Bill to be entitled an Act to amend an Act relating to taxation of banks and their branches, and for other purposes.
THURSDAY, FEBRUARY 17, 1955
855
The following Senate amendment was read:
Senator Page of the 1st moves to amend HB 99 by adding a new Section to be known as Section 2A to read as follows: Section 2A. This Act shall become effective January 1, 1957.
Mr. Chambers of Richmond 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 99 was agreed to.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on the Senate amendment thereto:
HB 404. By Messrs. Moate of Hancock, Groover of Bibb and others: A Bill to be entitled an Act to amend an Act relating to the Public Safety Department, and for other purposes.
Mr. Groover of Bibb moved that the House insist on its disagreement to the Senate amendment and that a Committee of Conference be appointed to confer with a like committee on the part of the Senate, and the motion prevailed.
The Speaker appointed as a Committee of Conference to confer with a like committee on the part of the Senate, the following members: Messrs. Drinkard of Lincoln, Odum of Camden, and Groover of Bibb:
Under the order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 86. By Senators Hollis of the 24th and Overby of the 33rd:
A Bill to be entitled an Act to amend the Code relating to capital stock required of insurance companies, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 1. The bill, having received the requisite constitutional majority, was passed.
SB 31. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend the Trade Mark Act of 1952 and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
856
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.
The following Resolution of the House was read and adopted:
HR 132. By Messrs. Duke of Baldwin and Jackson of Jones:
A Resolution providing for appointment of a committee to study Georgia laws regarding commitment and release of persons in Milledgeville State Hospital, and for other purposes.
The following Resolution of the House was read:
HR 178. By Messrs. Jackson of Jones and Duke and Massee of Baldwin:
A Resolution that the Georgia State Sanitarium Committee be authorized to visit and study any problem existing at the Milledgeville State Hospital, and for other purposes.
The following amendment was read and adopted:
The Committee on State of Republic moves to amend HB 158 by striking the figure "5 days" and inserting in lieu thereof the figure "3 days".
The resolution, as amended, was adopted.
The following Resolution of the House was read:
HR 189. By Mr. Freeman of Monroe:
A Resolution authorizing the investigation of the advisability of installing electrical voting mechanism for use by the House, and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
To authorize the investigation of the advisability of the installation of an electrical voting and tabulating mechanism in the House of Representatives; to authorize the appointment of a committee for this purpose; to authorize the procurement of desirable technical assistance; to authorize committee to contract with the seller or maker of such mechanism, if in their judgment it appears proper, for the purchase, lease or manufacture of such mechanism, and to have the same installed in the House; to provide for the compensation of said committee and technical assistance, and for other purposes.
WHEREAS, much valuable time of the House is consumed in the roll calls of the 205 members of the House;
WHEREAS, an electrical voting and tabulating mechanism would facilitate the voting procedure of the House;
THURSDAY, FEBRUARY 17, 1955
857
BE IT RESOLVED, that the Speaker of the House is hereby authorized to appoint a committee of two members to be composed of the Speaker of the House and the Clerk of the House, to investigate the advisability of the installation of an electrical and tabulating mechanism in the Hall of the House.
BE IT FURTHER RESOLVED, that said committee is authorized to employ such technical assistance as may, in their judgment appear desirable, and to compensate said technical assistance.
BE IT FURTHER RESOLVED, that said committee is authorized to contract with seller or manufacturer for the purchase, lease or manufacture of said mechanism if in their judgment the same appears proper, and to have the said mechanism installed as soon as practicable.
BE IT FURTHER RESOLVED, that said committee, including the Clerk of the House, shall be compensated for their services in the same measure as other interim committees of the House are compensated.
BE IT FURTHER RESOLVED, that said committee shall have all such other authority as is necessary to effectuate the objective of this Resolution.
The resolution was adopted, by substitute.
The following Resolution of the House was read:
HR 166. By Mr. Odom of Camden:
A Resolution authorizing the creation of a committee of the House to study the possibility of procuring Cumberland Island as a State Park, and for other purposes.
The following amendment was read and adopted:
The Committee on State of Republic moves to amend HR 166 by adding the following: "Said Committee shall be limited to not more than five days".
The resolution, as amended, was adopted. The following Resolution of the House was read:
HR 213. By Messrs. Boggus of Ben Hill and Moate of Hancock:
A Resolution to have judges imposing sentences upon prisoners to inform the prisoner of the consequences of an escape attempt, and for other purposes.
The following amendment was read and adopted:
Mr. Groover of Bibb moves to amend HR 213, second "WHEREAS", by inserting between "may" and "shoot" the words "use such reasonable force, including to".
The resolution, as amended, was adopted.
858
JOURNAL OF THE HOUSE,
The resolution was ordered immediately transmitted to the Senate.
The following Resolution of the House was read and adopted:
HR 214. By Messrs. Fowler of Douglas and Bodenhamer and Fowler of Tift:
A Resolution commending Miss Frances Waldrop, Secretary in the office of the Speaker of the House, and for other purposes.
Under the order of business established by the Committee on Rules, thhe following Bills of the Senate were taken up for consideration and read the third time:
SB 107. By Senator Page of the 1st:
A Bill to be entitled an Act to amend an Act relating to examination or architects, and for other purposes.
By unanimous consent, further consideration of SB 107 was postponed until tomorrow morning immediately following the period of unanimous consents.
SB 60. By Senator Florence of the 39th and others:
A Bill to be entitled an Act to consolidate and revise the laws relating to the Game and Fish Department, and for other purposes.
By unanimous consent, futher consideration of SB 60 was postponed until tomorrow morning immediately following the period of unanimous consents.
Mr. Groover of Bibb moved that the House do now adjourn until 10:00 o'clock t.omorrow morning and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.
FRIDAY, FEBRUARY 18, 1955
859
House of Representatives, Atlanta, Georgia. Friday, February 18, 1955.
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:
Adams Allen Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brown Caldwell Campbell Carlisle Cates Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Deen Denmark Denson Drinkard Duke Duncan Elder English Eyler
Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Goodson Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hardaway Harrell Harris Harrison of Jeff Davis Hawkins Henderson Hendrix Hogan Holley Houston Hudson Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore
Killian King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Parker Peacock Pelham
860
JOURNAL OF THE HOUSE,
Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray
Reed Register Rodgers Roughton Rowland Ruark Russell Sanders Scoggin Sheffield
Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley Terrell Todd Truelove Turk
Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Walker Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker
Mr. Boggus of Ben Hill, 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.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Cocke of Terrell County, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 154. Do Pass. Respectfully submitted,
Cocke of Terrell,
Chairman.
FRIDAY, FEBRUARY 18, 1955
861
Mr. Russell of Barrow County, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 99. Do Pass. Respectfully submitted, Russell of Barrow, 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 59. Do Pass, as amended.
SB 87. Do Pass, as amended.
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 Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 110. Do Pass, as amended.
Respectfully submitted,
Hoke Smith of Fulton,
Chairman.
Mr. Drinkard of Lincoln 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
862
JOURNAL OF THE HOUSE,
following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 530. Do Pass. Respectfully submitted, Drinkard of Lincoln, Chairman.
Mr. Bodenhamer of Tift 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 96. Do Not Pass. Respectfully submitted, Bodenhamer of Tift, 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:
HB 177. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to the practice of all branches of professional engineering, including that branch of engineering commonly known as surveying, and for other purposes.
HB 221. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to amend Section 92-1407 of the Code, relating to reporting tax under the Motor Fuel Tax Law; and for other purposes.
HB 268. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act entitled "An Act to make comprehensive provision for an integrated tax administration for Georgia; and for other purposes.
HB 280 By Messrs. Scoggin of Floyd, Campbell of Walker and others:
A Bill to be entitled an Act to amend an Act which provided for retirement benefits for the Ordinaries of Georgia; and for other purposes.
FRIDAY, FEBRUARY 18, 1955
863
HB 311. By Messrs. Sanders of Richmond, Short of Colquitt, Groover of Bibb, and others:
A Bill to be entitled an Act to amend an Act establishing juvenile courts and providing the procedure connected therewith; and for other purposes.
HB 354. By Messrs. Sanders, Holley and Chambers of Richmond:
A Bill to be entitled an Act to amend an Act of the General Assembly known as the "Hospitals Authority Law"; and for other purposes.
HB 401. By Messrs. Nilan, Pickard and Young of Muscogee:
A Bill to be entitled an Act to amend Section 38-1501 of the Code of Georgia pertaining to the attendance of witnesses and the fees therefor; and for other purposes.
HB 430. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Eastman; and for other purposes.
HB 445. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to amend an Act to provide for a county planning and zoning commission and county board of zoning appeals, and providing for their creation, organization functions and powers, and for the planning and zoning of said counties, in counties having a population of between 108,000 and 112,000; and for other purposes.
HB 480. By Messrs. Chambers, Sanders and Holley of Richmond:
A Bill to be entitled an Act to amend an Act which is an Act to change from the fee to the salary system in counties having a population of not less than 100,000 and not more than 110,000 inhabitants, the Clerk of the Superior Court, etc., and for other purposes.
HB 483. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Lowndes County; and for other purposes.
HB 500. By Mr. McKenna of Bibb:
A Bill to be entitled an Act to amend an Act providing for the use of voting machines in certain counties, so as to provide that the name of any unopposed candidate in a political party primary may be omitted from the ballot used in the voting machine, etc.; and for other purposes.
HB 504. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend Section 84-713 of the Code of Georgia, relative to applications to the Board of Dental Examiners; and for other purposes.
864
JOURNAL OF THE HOUSE,
HB 509. By Mr. Johnson of Gilmer:
A Bill to be entitled an Act to amend an Act incorporating and establishing the City of East Ellijay; and for other purposes.
HB 512. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act creating a charter for the City of McDonough; and for other purposes.
HB 516. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act entitled an Act to create a new Charter for the City of Marietta; and for other purposes.
HB 517. By Messrs. Groover of Bibb, Upshaw of Bartow and others: A Bill to be entitled an Act to amend the Intangible Property Tax Act; and for other purposes.
HB 520. By Mr. Groover of Bibb: A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, to authorize the revocation of a parole without a hearing in certain cases; and for other purposes.
HB 522. By Mr. Cotton of Baker: A Bill to be entitled an Act to amend an Act incorporating the City of Newton; and for other purposes.
HB 528. By Messrs. Willingham, Reed and Bentley 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 increase the corporate limits; and for other purposes.
HB 529. By Mr. Johnson of Gilmer: A Bill to be entitled an Act to amend an Act incorporating and establishing the City of Ellijay in the County of Gilmer; and for other purposes.
HB 537. By Mr. Harrison of Wayne: A Bill to be entitled an Act to amend an Act incorporating and creating a new charter for the City of Jesup; and for other purposes.
HR 13-34a. By Messrs. M. Smith, H. Smith and Lokey of Fulton: A Resolution proposing to the qualified voters of Georgia an Amendment to Article VI, Section XIII, of the Constitution relating to the qualifications of Justices, Judges, etc., and for other purposes.
HR 21-47b. By Messrs. McKenna, Carlisle and Groover of Bibb: A Resolution proposing to the qualified voters of Georgia an amendment
FRIDAY, FEBRUARY 18, 1955
865
to the Constitution so as to enable the County of Atkinson to issue refunding bonds without a vote of the people; and for other purposes.
HR 24-56a. By Mr. Henderson of Atkinson:
A Resolution proposing an amendment to the Constitution, so as to enable the County of Atkinson to issue refunding bonds without a vote of the people; and for other purposes.
HR 28-83d. By Mr. Kennedy of Turner:
A Resolution proposing an amendment to the Constitution, so as to authorize the City of Ashburn to levy a tax for the purpose of creating a fund to be used in promoting and encouraging the location of industries in said City; and for other purposes.
HR 32-84b. By Mr. Jordan of Wheeler:
A Resolution proposing an amendment to the Constitution, so as to provide for the election of members of the Board of Epucation of Wheeler County by the people; and for other purposes.
HR 57-197a. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Resolution proposing an amendment to the Constitution so as to provide for the payment of $250,000 in connection with the bringing in of the first commercial oil well in this State; and for other purposes.
HR 61-211b. By Mr. Ramsey of Effingham:
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 Effingham County by the People; and for other purposes.
HR 66-235c. By Mr. Clary of McDuffie:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of McDuffie County by the people; and for other purposes.
HR 70-266a. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Resolution to propose an amendment to the Constitution so as to provide that the General Assembly may grant to the governing authority of Chatham County the right to provide for the construction and maintenance of -streets; and for other purposes.
HR 77-266h. By Messrs. Pickard, Young and Nilan of Muscogee:
A Resolution to propose to the qualified voters of Muscogee County an amendment to the Constitution, by which the homestead tax exemption authorized therein would not apply to any tax levied by Muscogee County, for the purpose of affording fire protection; and for other purposes.
866
JOURNAL OF THE HOUSE,
HR 78-274a. By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution, so as to provide for the establishment of fire protection districts in Dougherty County; and for other purposes.
HR 82-297b. By Messrs. Chambers, Sanders and Holley of Richmond:
A Resolution to propose an amendment to the Constitution relative to the districting of counties, so as to change the area of Richmond County; and for other purposes.
HR 89-297i. By Mr. Bagby of Paulding:
A Resolution authorizing and directing the State Librarian to furnish certain books to the Ordinary of Paulding County; and for other purposes.
HR 186. By Messrs. Moate of Hancock, Groover of Bibb and Campbell of Walker:
A Resolution memorializing Congress to enact a new tariff legislation adequate and effect safeguards be provided and enforced to protect the home markets for the products of our cotton farmers; and for other purposes.
HR 187. By Messrs. Fowler of Douglas and Moate of Hancock:
A Resolution commending Major General George G. Finch for reflecting such good and high credit on the people of his home state of Georgia and on the Air National Guard of this state and of the United States in being the first Air National Guard Officer to be assigned such high office.
HR 188. By Mr. Barber of Jackson:
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 209. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Resolution thanking Mr. Ed. W. Hiles and the Georgia Savings Loan League for the beautiful flowers on the rostrums of the House and Senate on the opening of the present session.
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 70. By Messrs. Henderson of Atkinson, Deen of Bacon and others:
A Bill to be entitled an Act to amend Section 68-214 of the Code 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; and for other purposes.
FRIDAY, FEBRUARY 18, 1955
867
HB 112. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that the right of a minor to a year's support shall be defeated by the marriage or death, or arrival of age of said minor prior to the setting apart of such year's support; and for other purposes.
HB 465. By Messrs. Moate of Hancock, Groover of Bibb, Twitty of Mitchell and others:
A Bill to be entitled an Act to repeal an Act entitled "An Act to repeal Piut 3, Cigars and Cigarettes in its entirety; to levy a tax on sales and use; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 465. By Messrs. Moate of Hancock, Groover of Bibb, Twitty of Mitchell, and others:
A Bill to be entitled an Act to repeal an Act in reference to the tax on cigars and cigarettes; to levy a tax on sales and use, and for other purposes.
The following Senate amendments to HB 465 were read:
The Committee on Finance moves to amend HB 465 by striking in their entirety paragraphs "H" and "I" of Section 5.
The Senate Finance Committee moves to Amend House Bill 465 by striking Paragraph A of Section 4 in its entirety and substituting in lieu thereof a Paragraph A of Section 4 to read as follows:
Section 4. (a) Except as otherwise provided herein, the tax imposed by this Act shall be paid through the use of stamps. The Commissioner shall secure stamps of such design, materials and denominations as he deems appropriate to protect the Revenue and shall sell such stamps to licensed dealers and distributors at a discount of 5%. The Commissioner shall prescribe by regulation the method and manner in which stamps are to be affixed to containers of cigars and cigarettes. No distributor or dealer shall sell to or exchange with another distributor or dealer any stamps issued under the authority of this Act. The Commissioner shall redeem at cost price any stamps presented for redemption by a licensed distributor or dealer.
Mr. Groover of Bibb moved that the House disagree to the Senate amendments to HB 465, and the motion prevailed.
The Senate amendments were disagreed to.
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 Bill of the House:
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JOURNAL OF THE HOUSE,
HB 404. By Messrs. Moate of Hancock, Groover of Bibb, Scoggin of Floyd, Huddleston of Fayette and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act of the General Assembly entitled "Public Safety Department", relating to the Drivers License Bureau Supervisor; and for other purposes.
The Senate has adopted the report of a Committee of Conference on the following Bill of the House.
HB 234. By Messrs. Watson of Dougherty, Gunter of Hall and others:
A Bill to be entitled an Act to provide for the recording of affidavits showing facts affecting title to land; to provide for the admissability of such affidavits in evidence, and for other purposes.
The Senate has agreed to the House amendments to the following Bills and Resolutions of the Senate:
SR 5. By Senator Dean of the 40th:
A Resolution to designate that area acquired pursuant to a resolution approved February 18, 1953 (Ga. Laws 1953, Jan.-Feb. Session, p. 131) as the "Chatuge Lake-Mountain Park".
SR 17. By Senator Overby of the 33rd:
A Resolution proposing the development of a State Park in Hall County; and for other purposes.
SR 33. By Senator Neel of the 7th:
A Resolution to establish a committee to study proposed revisiOns of the Workmen's Compensation law; and for other purposes.
SB 9. By Senator Hollis of the 24th:
A Bill to be entitled an Act to amend an Act providing for actions against non-residents operating motor vehicles in this state, approved March 30, 1937 (Ga. Laws 1937, p. 732) as amended by an Act approved March 27, 1947 (Ga. Laws 1947, p. 305) by amending Section 3 thereof, as amended (Code Ann. Supp., sec. 68-803), relating to jurisdiction and venue, so as to authorize the bringing of joint actions in the county of a resident defendant's residence and joining therein the non-resident defendant; to repeal conflicting laws; and for other purposes.
SB 21. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend "An Act to establish a City Court in the County of Hall, and to provide for the appointment of a Judge and Solicitor thereof", designated as Act No. 291, contained on pages 939 to 947 inclusive, of Volume II of Georgia Laws 1890-91; to repeal all laws and parts of laws amendatory thereto which are in conflict herewith, so as to fix the salaries of Court at the sums of $4,800.00 and $4,200.00 respectively; and for other purposes.
FRIDAY, FEBRUARY 18, 1955
869
SB 61. Senators Page of the 1st, Overby of the 33rd, Neel of the 7th and others:
A Bill to amend the Act known as the Minimum Foundation Program of Education Act so as to provide that State-contributed Foundation Program Funds shall be allotted to local units of administration on the basis of current average daily attendance; and for other purposes.
SB 66. By Senator Overby of the 33rd and others:
A Bill to provide for the rehabilitation, clearance and re-development of slums in cities and towns in this State in accordance with urban redevelopment plans approved by the governing bodies thereof; to authorize municipalities to establish Urban Redevelopment Agencies; and for other purposes.
The Senate has passed ~s amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 17. 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; to provide that the Mayor and Board of Aldermen shall have full power and authority and they may provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property; and for other purposes.
HB 227. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend the Act incorporating the City of Dublin; by providing for the use of revenues derived from the city's water system for the purpose of retiring outstanding bonds; and for other purposes.
HB 348. 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 438. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pensions and retirement pay to teachers and employees of the Board of Education; and for other purposes.
HB 455. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to place the Sheriff, the Ordinary and the Clerk of the Superior Court of Rockdale County on a salary basis in lieu of a fee basis; and for other purposes.
HB 569. By Mr. lvey of Newton: A Bill to be entitled an Act to amend an Act entitled An Act to repeal
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JOURNAL OF THE HOUSE,
an Act so as to provide a Board of Directors for Newton County; and for other purposes.
HB 570. By Mr. lvey of Newton:
A Bill to be entitled an Act to amend an Act entitled An Act to fix the salary of the Treasurer of Newton County; and for other purposes.
HB 575. By Mr. Truelove of White:
A Bill to be entitled an Act to amend an Act entitled An Act to create a Board of County Commissioners of Roads and Revenues for the County of White; and for other purposes.
HR 183-577b. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Resolution to establish a commission on public education for the City of Atlanta and Fulton County, to define its duties and authority and to provide necessary funds to effectuate the purposes thereof; and for other purposes.
HB 490. By Messrs. Groover of Bibb and Smith of Emanuel:
A Bill to be entitled an Act to provide for a period of residence of twelve months prior to taking the examination for admission to the Bar of the Supreme Court of Georgia; to repeal conflicting laws; and for other purposes.
HB 104. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend Section 36-605 of the Code of Georgia of 1933, relating to the entry of notice and award and payment to assessors of costs in condemnation proceedings, and for other purposes.
HB 121. By Messrs. Sheffield of Brooks and Fowler of Douglas:
A Bill to be entitled an Act to amend Section 24-2823 of the Code of Georgia relative to the enumeration of Sheriff's fees, and for other purposes.
HR 131-449e. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Resolution to create the Georgia Water Law Revision Commission, to survey the water laws and problems of this State, and for other purposes.
The Senate agrees to the House Substitute on the following Bill of the Senate:
SB 20. By Senator Dean of the 40th:
A Bill to be entitled an Act to amend an Act known as the "Voters Registration Act" so as to provide that a County Registrar shall not
FRIDAY, FEBRUARY 18, 1955
871
be eligible to offer as a candidate for any State or County office in any primary, special or general election while holding said position; and for other purposes.
The Senate has agreed to the House Amendment to the following Bill of the Senate as amended by the Senate:
SB 73. By Senator Lovett of the 16th:
A Bill to be entitled an Act creating a new charter for the City of Dublin so as to establish a Water, Light, and Gas Commission; and for other purposes.
By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:
SB 110. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Municipal Government moves to amend SB 110 by striking the numbers "1955" in the next to the last sentence of Section 2 and substituting in lieu thereof the numbers 1956.
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 103, nays 0.
The bill having received the requisite constitutional majority, was passed, as amended.
The bill was ordered immediately transmitted to the Senate.
SB 111. 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 certain counties, and for other purposes.
The following amendment was read and adopted:
The Fulton Delegation moves to amend SB 111 by striking from Section 2 the figures $9,000.00 and substituting in lieu thereof $9,450.00.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 103, nays 0.
872
JOURNAL OF THE HOUSE,
The bill having received the requisite constitutional majority, was passed, as amended.
The bill was ordered immediately transmitted to the Senate.
SB 59. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Municipal Government moves to amend SB 59 by adding the following sections immediately preceding the repealing section, to be appropriately numbered and the repealing section to be re-numbered:
SECTION ---- The Building Official shall receive applications required by the Building Code, issue permits and furnish the prescribed certificates. He shall examine or cause to be examined the premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that the construction is prosecuted safely. He shall enforce provisions of the Building Code, as necessary, to remove illegal or unsafe conditions and to safeguard life and property or to require adequate exit facilities in buildings and structures. He shall issue such notices or orders as may be necessary to correct hazardous conditions. He shall prepare appropriate specifications for the roofing, re-roofing, painting, repairing or altering of City owned buildings, when requested to do so by the head of the department having supervision of such buildings. The Building Official shall furnish the Purchasing Agent with a complete set of plans for the roofing, re-roofing, painting, repairing or altering when requested to do so by the Purchasing Agent. The Building Official shall enforce provisions of the Zoning Ordinance, Slum Clearance Ordinance and shall be charged with the inspection, control, installation and maintenance of heating, power and fuel burning equipment, prevention of air pollution and the examination and approval of plans for all heating, power and fuel burning installations as covered by ordinances and codes.
SECTION ---- The Building Official may summarily enter upon real estate and remedy conditions which endanger the public. In all cases where, in the opinion of the Building Official, there shall be present and immediate danger of failure of collapse of a building or structure or any part thereof so as to endanger life, or conditions exist which, in his opinion, shall constitute present and immediate danger to the public, the Building Official shall cause such work to be done as is necessary to remove the danger. He shall thereupon notify the owner of the property by registered letter, addressed to the last known address of such owner, which shall include a statement of the cost thereof. In case the owner shall fail to pay the bill within thirty days from the date of mailing such notice, the Mayor and Board of Aldermen shall assess the cost thereof against the owner and against the property, and issue execution therefor, which may be resisted by affidavit of illegality, as in cases of illegality.
FRIDAY, FEBRUARY 18, 1955
873
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 103, nays 0.
The bill having received the requisite constitutional majority, was passed, as amended.
The bill was ordered immediately transmitted to the Senate.
SB 87. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to the pensions for employees of certain counties, and for other purposes.
The following Committee amendments were read and adopted:
The Committee on Municipal Government moves to amend SB 87 by adding an additional section immediately preceding the repealing section to be appropriately numbered and the repealing section to be re-numbered, as follows:
SECTION ____. All officers and employees of any traffic court, which may be organized pursuant to law in any such city, shall be eligible for pension, disability and other benefits under this act, as amended, to the same extent and under the same conditions as officers and employees of any such city.
The Committee on Municipal Government moves to amend SB 87 by adding thereto a new section to immediately precede the repealing section, said section to be appropriately numbered and the repealing section to be re-numbered:
SECTION ---- That the provisions of Section 11 of the amendment to said act approved March 27, 1941 (Ga. Laws 1941, pp. 468, 472), be amended by adding at the end thereof the following:
"The amount withdrawn by such employee may be divided into twelve (12) or less equal installments and paid monthly after the re-employment. Such payments may be deducted from the salary paid to such person so re-employed."
so that said section, when amended, shall read as follows:
"Section 11. Be it further enacted that in the event that any employee coming within the provisions of this Act shall sever his connection with the City and withdraw the amount of money he has paid into the pension fund, and subsequently is reemployed by the City and desires to reenter said pension fund and receive credit for former years of service, he may do so and receive credit for such prior years of service by paying back into the pension fund the full amount so withdrawn on leaving the employment of the City, with four (4) percentum interest from the date of such withdrawal. In order to entitle any employee to the benefit of this section he shall, within sixty (60) days of his reemployment signify his desire in writing upon such forms as may be furnished by the
874
JOURNAL OF THE HOUSE,
Board of Trustees his desire to do so. The amount withdrawn by such employee may be divided into twelve (12) or less equal installments and paid monthly after the reemployment. Such payments may be deducted from the salary paid to such person so reemployed."
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.
The bill was ordered immediately transmitted to the Senate.
The following Report of the Committee on Rules was read:
REPORT OF THE COMMITTEE ON RULES
Mr. Speaker: Your Committee on Rules submits the following report as the
calendar for the 18th of February, 1955-the bills to be called in the order listed. Unless otherwise specified your Committee recommends as a condition of assignment that debate on all measures unless otherwise specified be limited to 20 minutes.
( 1) SB 81. Gift of security, minors. ( 2) SB 88. Uniform Extradition Act. ( 3) SB 107. Architects, registration. ( 4) SR 32. Ga. Commission on Education. ( 5) SB 69. Home Rule. ( 6) SB 68. Employment Aliens, conditions. ( 7) SB 70. State Literature Commission.
( 8) SB 60. Game and Fish Commission.
( 9) SB 103. Liability, vehicle owner. (10) SB 67. List, Motor vehicle owners.
(11) SB 74. Liability Insurance, City. (12) SB 53. Liability of Agent. The Speaker, in his discretion, may insert SB 116 if reported by the Committee. Conference Reports on Senate Amendments to House Bill.
FRIDAY, FEBRUARY 18, 1955
875
Conference Reports, Compensation Resolution, House Bills with Senate Amendments, Conference Committees and Privilege Resolutions, may be called up by the Speaker at any time.
Respectfully submitted,
Groover of Bibb,
Vice-Chairman.
Mr. Coker of Cherokee moves that the Report of the Rules Committee be amended by striking Item 5 therefrom.
On the motion the ayes were 80, nays 41.
The motion was lost.
The Report of the Rules Committee was adopted.
The following Resolutions of the House were read and adopted:
HR 215. By Mr. Groover of Bibb:
A RESOLUTION
WHEREAS, the House of Representatives of the State of Georgia is today completing a 40-day regular session of the General Assembly, and
WHEREAS, said august body has worked faithfully and diligently in carrying out a program in keeping with the needs of the State, and
WHEREAS, the members of the House are desirous of having the Chief Executive of this great State address them prior to adjournment.
NOW, THEREFORE, BE IT RESOLVED that the Honorable S. Marvin Griffin, Governor of the State of Georgia, be and he is hereby invited to address the House of Representatives at 12:00 o'clock, noon, Friday, February 18th, and,
BE IT FURTHER RESOLVED, that the Speaker of the House of Representatives appoint a committee of five, from among the members of the House, to escort the Governor to the Legislative Hall.
Under the provisions of HR 215, the Speaker appointed as a Committee of Escort the following members of the House: Messrs. Cotton of Baker, Wooten of Randolph, Drinkard of Lincoln, Blackburn of Habersham, and Massee of Baldwin.
HR 216. By Mr. Groover of Bibb:
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
876
JOURNAL OF THE HOUSE,
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, and so many of his staff as he deems necessary, are authorized to remain at the Capitol 17 days after the adjournment of the General Assembly for the purpose of completing records and the necessary work in his office.
The Speaker is authorized to direct the Clerk to keep the Clerk's office open between sessions for the convenience of the members 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 10 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 three 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 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 of 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 traveling committees.
The following Bill of the House was taken up for the purpose of considering the report of the Committee on Conference thereon:
HB 151. By Mr. Groover of Bibb and others:
A Bill to be entitled an Act to be known as the Georgia Industrial Loan Act, and for other purposes.
FRIDAY, FEBRUARY 18, 1955
877
The following Report of the Committee on Conference was read:
Mr. President:
Mr. Speaker:
The Conference Committee on HB 151 has met and submits the following report and recommends as follows:
1. That the Senate and House recede on Senate Amendment No. 1 and recommends the Adoption of the following amendment:
"Amend Section 6-B, 2nd sentence thereof by striking the words 'nominated by the commissioner subject to appointment by the Governor' and inserting in lieu thereof 'appointed by the Governor'."
2. That the House recede from its disagreement to Senate Amendment No. 2 and Adopt the same.
3. That the Senate recede from its position on Senate Amendment No.3.
4. That the Senate recede from its position on Senate Amendment No. 4.
5. That the Senate and House recede from their position on Senate Amendment No.5 and the following amendment be adopted thereof:
"By striking the last sentence of Section 15C and substituting the following in its place:
"The insurance company in turn may pay to the party writing the insurance policy sold in connection with the loan a fee or cornmission in an amount which is reasonable in relationship to the transaction and in no event in excess of the amount of fee or commission customarily paid within the industry where comparable insurance is sold in a transaction not involving credit, as determined by the commissioner and the Advisory Board."
6. That the House recede from its disagreement to senate amendment No.6 and that the House adopt the same.
7. That the House and Senate recede from their position on Senate Amendment No. 7 and in lieu thereof adopt the following amendment:
"By striking the figure $75,000.00 in Line 2 of Section 18 and substituting in lieu thereof the Figure $25,000.00; and by striking the Figure $195,000.00 in Line 4 of said Section thereof the Figure $150,000.00."
8. That the House recede from its Disagreement to Senate Amendment No. 8 and adopt the same.
Respectfully submitted,
Hollis of the 24th McBride of the lOth Harden of the 27th Groover of Bibb Sheffield of Brooks Twitty of Mitchell
878
JOURNAL OF THE HOUSE,
Mr. Twitty of Mitchell moved that the House adopt the report of the Committee on Conference.
On the motion, the ayes were 121, nays 0.
The report of the Committee on Conference on HB 151 was adopted.
Under the order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 81. By Senator Hollis of the 24th:
A Bill to be entitled an Act to provide for the gift of securities 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, the ayes were 108, nays 0.
The bill having received the requisite constitutional majority, was passed.
SB 88. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend the Code relating to suspension of the return of fugitives from justice under prosecution in this State, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill having received the requisite constitutional majority, was passed.
Under the order of business established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:
SB 107. By Senator Page of the 1st:
A Bill to be entitled an Act to amend an Act relating to examination of architects, and for other purposes.
The following amendment was read and adopted:
Mr. Key of Jasper moves to amend SB 107, Section 2, Sub-paragraph 2, by striking the word "ten" and substituting the word "seven".
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
FRIDAY, FEBRUARY 18, 1955
879
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.
The bill was ordered immediately transmitted to the Senate.
Under the order of business established by the Committee on Rules, the following Resolution and Bill of the Senate were taken up for consideration and read the third time:
SR 32. By Senator Overby of the 33rd:
A Resolution amending a resolution establishing the Georgia Commission on 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 105, nays 0.
The resolution having received the requisite constitutional majority, was adopted.
SB 69. By Senator McDonald of the 43rd: A Bill to be entitled an Act to provide for the self-government of municipalities, and for other purposes.
Mr. Coker of Cherokee moved that SB 69 be placed on the table.
On the motion to table, Mr. McKenna 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.:
Baughman Birdsong Blalock Bloodworth Boggus Clary Cloud Coker of Cherokee Cornelius Cowart Deal Denmark Drinkard Duncan Fordham
Foster Fowler of Douglas Frier Garrard Gillis Goodson Green of Rabun Groover Harris Hawkins Henderson Hendrix Hudson Johnson of Jenkins Jones of Lumpkin
Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore King of Chattahoochee Lanier Lavender Lokey
Mashburn Matheson of Hart McCracken McKelvey Mincy Moorman
880
JOURNAL OF THE HOUSE,
Mull Murphey of Crawford Musgrove Odom Palmer Parker Perkins Peters Pettey Potts Ramsey
Raulerson Register Rodgers Rowland Russell Sheffield Singer Sivell Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton
Souter Tanner Twitty Underwood of
Montgomery Veal Willis Wilson of Peach Wooten Wright
Those voting in the negative were Messrs.:
Adams Allen Ayers Bagby Barber of Jackson Bentley Black Blackburn Bolton Caldwell Carlisle Cates Chambers Cheatham Cheek Cocke Coker of Walker Cotton Coxwell Deen Denson Elder Eyler Fain Floyd Flynt Fowler of Tift Freeman Gilleland Greene of Crisp
Grimsley Gross of Stephens Gross of Dade Gunter Hardaway Harrell Hogan Holley Jackson Jessup Jones of Laurens Jones of Sumter Killian King of Whitfield Lam Lindsey Long Mackay Mallory Martin Mathis of Lowndes Matthews Mauldin McKenna McWhorter Mobley Moore Murphy of Haralson Murr Nightingale
Nilan Peacock Pelham Phillips of Walton Pickard Ray Reed Roughton Ruark Sanders Scoggin Short Smith of Evans Sognier Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tarpley Todd Turk Underwood of Bartow Upshaw Watson Weems Williams Wilson of Towns Young
By unanimous consent, verification of the roll call was dispensed with.
On the motion to table, the ayes were 76, nays 88. The motion to table was lost.
Mr. Smith of Emanuel moved that further consideration of SB 69 be postponed indefinitely.
FRIDAY, FEBRUARY 18, 1955
881
Mr. Coker of Walker moved the previous question.
The motion for the previous question was lost.
On the motion to postpone indefinitely, Mr. McKenna of Bibb moved the ayes and nays and the call was not sustained.
On the motion to postpone indefinitely, the ayes were 124, nays 14.
The motion prevailed, and further consideration of SB 69 was postponed indefinitely.
Accompanied by the Committee of Escort, Governor S. Marvin Griffin appeared upon the floor of the House and addressed the members.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof: Mr. Speaker:
The Senate insists on its position in amending the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
HB 465. By Messrs. Moate of Hancock, Groover of Bibb, Twitty of Mitchell and others: A Bill to be entitled an Act to repeal an Act entitled "An Act to repeal Part 3, Cigars and Cigarettes in its entirety; to levy a tax on sales and use"; and for other purposes.
The President has appointed as a Committee of Conference to HB 465 the following members of the Senate, to wit: Senators Overby of the 33rd, Garrett of the 53rd and Clary of the 29th:
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 465. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to taxes on cigars and cigarettes, and for other purposes.
Mr. Groover of Bibb moved that the House insist on its position in disagreeing to the Senate amendment and that a Committee on Conference be appointed to confer with a like Committee on the part of the Senate, and the motion prevailed.
The Speaker appointed as a Committee on Conference to confer with a like Committee on the part of the Senate, the following members of the House: Messrs. Twitty of Mitchell, Groover of Bibb, and Birdsong of Troup.
The following Resolution of the House was read and adopted:
882
JOURNAL OF THE HOUSE,
HR 217. By Mr. Nightingale of Glynn:
A RESOLUTION
Authorizing a study to be made relative to home rule; and for other purposes.
WHEREAS, a constitutional amendment authorizing the General Assembly to make laws relative to home rule was ratified by the people at the November 1954 general election; and
WHEREAS, many of the municipalities of this State are interested in having such a statute enacted; and
WHEREAS, the drafting of such a statute is a difficult task and should not be hurriedly attempted; and
WHEREAS, the difficulty of the job is readily apparent upon the reading the decision of the Supreme Court of Georgia wherein the last statute on home rule was declared unconstitutional; and
WHEREAS, a thorough study of the subject should be made in order to determine the best possible approach to the drafting of such a statute;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a committee to be composed of three members of the House, to be appointed by the Speaker, and two members of the Senate, to be appointed by the President of the Senate. Said committee is hereby authorized and directed to conduct such a study as aforesaid, and is hereby authorized to request the assistance of the Bill Drafting Unit of the State Law Department, the Institute of Law and Government of the University of Georgia, the law schools of this State, and such other agencies and persons as deemed advisable. The committee shall make a report of the study, including such recommendations and proposed legislation as it seems advisable, to the 1956 Session of the General Assembly.
The resolution was ordered immediately transmitted to the Senate.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 455. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to place certain officers of Rockdale County on a salary basis, and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and County Matters moves to amend HB 455 as follows:
By striking from the title of said bill the words: "provide an effective date" and in lieu thereof inserting the following: "to provide a referendum".
And by striking Section 10 and in lieu thereof inserting the following:
FRIDAY, FEBRUARY 18, 1955
883
"Section 10. Not less than fifteen (15) nor more than thirty (30) days after date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Commissioner of Roads and Revenue of Rockdale County to issue the call for an election for the purpose of submitting this Act to the voters of Rockdale County for approval or rejection. The date of the election shall be set for a day not less than twenty (20) nor more than thirty (30) days after the date of the issuance of the call. The date and the purpost of the election shall be published once a week for two (2) weeks immediately preceding the date thereof in the official organ of Rockdale County. The ballots shall have printed thereon the words:
"For approval of the Act to place the Sheriff, the Ordinary and the Clerk of the Superior Court of Rockdale County on a salary basis in lieu of a fee basis."
"Against approval of the Act to place the Sheriff, the Ordinary and the Clerk of the Superior Court of Rockdale County on a salary basis in lieu of a fee basis."
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote 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 in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Rockdale County. It shall be the duty of the County Commissioner of Roads and Revenue of Rockdale County to hold and conduct such election. It shall be the duty of the County Commissioner of Roads and Revenue to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State.
Mr. Walker of Rockdale moved that the House disagree to the Senate amendment to HB 455, and the motion prevailed.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 121. By Messrs. Sheffield of Brooks and Fowler of Douglas:
A Bill to be entitled an Act to amend the Code relating to enumeration of Sheriff's fees, and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB 121 by striking Line 5 beginning with the word "However" and all of Lines 6 and 7 and insert in lieu the following: "In all counties in this State where the Sheriff is paid a salary only, the provisions of this Section shall apply as far as fees to be charged but all such fees shall be turned over to the County Treasurer or fiscal officer of such County."
Mr. Sheffield of Brooks moved that the House agree to the Senate amendment.
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JOURNAL OF THE HOUSE,
On the motion to agree, the ayes were 103, nays 1.
The Senate amendment to HB 121 was agreed to.
HB 490. By Messrs. Groover of Bibb and Smith of Emanuel:
A Bill to be entitled an Act to provide requirements for taking the examination for admission to the Bar of the Supreme Court of Georgia, and for other purposes.
The following Senate amendments were read:
The Senate moves to amend HB 490 by striking from Section 2 the following "then this Act shall not apply to such applicant" and substituting the following "then the applicant shall not be permitted to take the examination."
The Senate moves to amend HB 490 by striking from the caption the words "the Bar of the Supreme Court of Georgia" and substituting the words "the Bar of Georgia, upon presenting a certain certificate".
Mr. Groover of Bibb moved that the House agree to the Senate amendments. On the motion to agree, the ayes were 103, nays 7. The Senate amendments to HB 490 were agreed to.
The Speaker announced the House recessed until 2:00 o'clock, P. M.
AFTERNOON SESSION The Speaker called the House to order.
Under the order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 68. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to the employment of aliens by agencies 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 103, nays 0.
The bill having received the requisite constitutional majority, was passed.
The following Resolution of the House was taken up for the purpose of considering the Senate amendments thereto:
FRIDAY, FEBRUARY 18, 1955
885
HR 131-449e. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Resolution creating the Georgia Water Law Revision Commission, and for other purposes.
The following Senate amendments were read:
Senator Overby of the 33rd moves to amend Section 2 of HR 131-449e by adding after the word "agriculture'' on Line 4 the following: "one member to be Director of Game and Fish and Director of Public Health".
Senator Overby of the 33rd moves to amend HR 131-449e, Section 2, Line 4, by striking the figure "9" and inserting the figure "11th".
Mr. Groover of Bibb moved that the House agree to the Senate amendments.
On the motion to agree, the ayes were 105, nays 0.
The Senate amendments to HR 131-449e were agreed to.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate insists on its position in amending the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
HB 455. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to place 'the Sheriff, the Ordinary and the Clerk of the Superior Court of Rockdale County on a salary basis in lieu of a fee basis; and for other purposes.
The President has appointed as a Committee of Conference to House Bill 455 the following Members of the Senate, to wit: Senators Ponsell of the 5th, Turner of the 34th and Lambert of the 28th.
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 418. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to provide revenue and source of revenue for the purpose of paying pensions to the Firemen of the State of Georgia; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
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JOURNAL OF THE HOUSE,
HB 455. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to place certain officers of Rockdale County on a salary basis, and for other purposes.
Mr. Walker of Rockdale moved that the House insist on its position in disagreeing to the Senate amendment and that a Committee on Conference be appointed to confer with a like Committee on the part of the Senate, and the motion prevailed.
The Speaker appointed as a Committee on Conference to confer with a like Committee on the part of the Senate, the following members of the House: Messrs. Walker of Rockdale, MeWhorter of DeKalb, and M. Smith of Fulton.
Under the order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 60. By Senators Florence of 39th and others:
A Bill to be entitled an Act to revise the laws relating to the State Game and Fish Commission, and for other purposes.
The following Committee amendments were read and adopted:
The House Committee on Game and Fish moves to amend SB 60, the comprehensive Game and Fish Bill, as follows:
1. By striking from Section 31 thereof, relating to resident licenses, so much thereof as reads as follows:
"Seiners and Netters " (a) . Yearly ------------------------------------------------------------------------------ _$1.25
"Hunting and Fishing " (a). Yearly ----------------------------------------------------------------------- ________$1.25
"Minors "(a). No person under the age of 16 years shall be required
to buy a hunting and fishing license in order to hunt or fish except as may be provided in designated waters by interstate compact with adjoining states."
and by substituting in lieu thereof, the following:
"Resident licenses shall be issued as provided by HB 219, Act No. 62, relating to resident licenses, previously enacted by this General Assembly and approved by the Governor on February 8, 1955. Sections 1 through 4 of said Act are not repealed hereby but are expressly continued of force and effect; provided however, that so much of Par. (a) of 4 of HB 219 as reads as follows is hereby superseded and repealed; '... and landowners and their families and their duly authorized tenants, shall not be required to procure any such licenses for hunting or fishing on such landowner's lands and private ponds.', said provisions being covered by separate sections of this Act herein.''
FRIDAY, FEBRUARY 18, 1955
887
2. By adding at the end of Section 8 of SB 60, relating to disposition of funds, the following:
"Section 6 of HB 219, Act No. 62, relating to disposition of funds, previously enacted by this General Assembly and approved by the Governor on February 9, 1955, is hereby superseded and repealed, said section being covered by Section 8 hereof."
The House Committee on Game and Fish moves to amend SB 60, the comprehensive compilation of game and fish laws, as follows:
1. By striking therefrom Section 7, relating to compensation of the Commission and by substituting in lieu thereof the following:
"Section 7. Immediately after appointment, taking the oath of office and qualification, the members of the Commission shall meet at any convenient and designated place within the State of Georgia and elect a chairman, and thereafter the Commission shall elect a chairman annually. The members of the Commission, including the chairman, shall each receive $20.00 for each day of actual attendance of meetings of the Commission at such designated places, and actual cost of transportation to and from the place of meeting and their respective homes by the nearest practicable route not to exceed .06 per mile. The members of the Commission, including the chairman shall receive whole on committee assignment $20.00 for each day of actual service and actual cost of transportation to and from the place of service and their respective homes by the nearest practical route, not to exceed six cents per mile, provided, however, that the total per diem compensation paid in any year to any member of the commission shall not exceed $900.00. Such per diem and travel expense shall be paid from funds of the Commission. The Commission shall meet at such times and at such designated places in this State as it may determine and it may convene in called session upon call by the chairman or by a majority of the members of the Commission."
2. By striking therefrom Section 11 relating to the Director and by substituting in lieu thereof the following:
"Section 11. The State Game and Fish Commission at its first meeting shall appoint a Director, who shall be the executive secretary and administrative officer of the Commission, and have such other powers and duties as may be prescribed by the Commission and by this Act, for all of which duties combined he shall receive a salary to be fixed by the Commission from time to time which in no event shall exceed $8,600.00 per annum, payable monthly, and traveling expenses necessary in the performance of his duties. The Director shall devote his full time to the duties of his office and shall have such power and shall perform such duties as may be assigned to and required of him by the Commission. He shall take oath of office and give bond in the sum of $10,ooo:oo in the usual form required of State officials. Such Director shall have offices at the State Capitol, which shall also be the office of the Commission. The Director shall hold office at the pleasure of the Commission. No member of the Commission during his tenure of office or within two years thereafter shall be eligible for appointment as Director or for any employment under the Commission or the Director."
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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.
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.
The bill was ordered immediately transmitted to the Senate.
SB 70. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act creating the State Literature Commission, and for other purposes.
Mr. Baughman of Early moved that further consideration of SB 70 be postponed indefinitely, and the motion prevailed.
The following Resolution of the House was read and adopted:
HR 146. By Mr. Cloud of Decatur:
A Resolution authorizing an inspection of the facilities of the State Game and Fish Commission by designated members of the House, and for other purposes.
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments thereto:
HR 183-557b. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Resolution establishing a commission on public education for the City of Atlanta and Fulton County, and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HR 183-577 (b) by striking from Section 5 the figures $5,000.00 and substituting in lieu thereof the figures $10,000.00.
Section 6 of said resolution is stricken and the following substituted in lieu thereof:
Section 6. The commission shall file its report to the proper authorities not later than January 15, 1956.
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 HR 183-577b. was agreed to.
FRIDAY, FEBRUARY 18, 1955
889
HB 17. 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 amendment was read:
Senator Millican of the 52nd moves to amend HB 17 by striking Section 4 and inserting in lieu thereof the following:
Section 4. The tax herein authorized may be assessed, levied and collected for the year 1955 and annually thereafter; however, for the year 1955 the amount to be levied for the purpose of raising revenue for the support and maintenance of education and other school purposes shall not be increased in excess of 1% Mills over the rate specified in Section 2 of this Act, and then only on request by the Board of Education of the City of Atlanta by properly approved resolution to the Mayor and General Counsel.
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 17 was agreed to.
HB 348. 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 amendment was read:
Senator Millican of the 52nd moves to amend HB 348, Section 2, by striking the date 1956 and inserting in lieu thereof 1957.
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 348 was agreed to.
The following Resolution of the House was read and adopted:
HR 218. By Messrs. Moate of Hancock and Groover of Bibb:
A Resolution creating a committee to study retirement and pension systems, and for other purposes.
The resolution was ordered immediately transmitted to the Senate.
The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House amendment thereto:
890
JOURNAL OF THE HOUSE,
SB 73. By Senator Lovett of the 16th:
A Bill to be entitled an Act to amend an Act establishing a Water, Light and Gas Commission for the City of Dublin, and for other purposes.
The following Senate amendment to the House amendment was read:
Senator Lovett of the 16th moves to amend the House amendment to SB 73 as follows:
By striking the word, "October" and inserting in lieu thereof "May".
And moves to amend said bill further by adding in the title after the words "to provide for their compensation;" the words "to provide for the disposition of surplus revenue;".
And by adding a new section to said bill to be numbered Section lB to read as follows: "Section lB. All surplus revenue above the cost of operation, maintenance, extensions, payment on bonds or revenue anticipation certificates (including payments into sinking funds), from the operation of the water, gas or light systems, shall be turned over to the City of Dublin for the payment of any outstanding indebtedness of the City of Dublin and for the operation of the City Government. A separate record and account of each utility system shall be maintained and shall show among other things all receipts, purchases and expenditures, as well as the amount of indebtedness, including revenue anticipation certificate liability outstanding on each system."
Mr. Jones of Lowndes moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to the House amendment to SB 73 was agreed to.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 227. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend an Act incorporating the City of Dublin, and for other purposes.
The following Senate amendment was read:
Senator Lovett of the 16th District moves to amend HB 227 by:
Inserting the words "or the Water, Light and Gas Commission" after the words "Mayor and Council" in line 19 of the title.
And by inserting the words "or any Water, Light and Gas Commission or Board now or hereafter created" after the words "Mayor and Board of Aldermen" in line 1 of Section 3.
And by inserting a new section to read:
"Section 3A. All surplus revenue above the cost of operation,
FRIDAY, FEBRUARY 18, 1955
891
maintenance, extensions, payment on bonds or revenue anticipation certificates (including payments into sinking funds), from the operation of the water, gas or light systems, shall be turned over to the City of Dublin for the payment of any outstanding indebtedness of the City of Dublin and for the operation of the City government. A separate record and account of each utility system shall be maintained and shall show among other things all receipts, purchases and expenditures, as well as the amount of indebtedness, including revenue anticipation certificate, liability outstanding on each system."
Mr. Jones of Laurens moved t):lat the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 227 was agreed to.
HB 418. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to provide revenue for the payment of pensions to firemen, and for other purposes.
The following Senate amendment was read:
Senator Harper of the 26th moves to amend HB 418 as follows:
By adding after the word "lightning" and before the word "and" in Section 6, the following: "extended coverage, inland marine and allied lines".
By striking from the last sentence of Section 6 the words "fire' lightning and windstorm" and inserting in lieu thereof the words "the aforesaid types of".
Mr. Freeman of Monroe 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 418 was agreed to.
HB 438. By Messrs. Lokey, M. Smith, and H. Smith of Fulton: A Bill to be entitled an Act to amend an Act providing pensions for the school teachers of Fulton County, and for other purposes.
The following Senate amendment was read:
Senator G. Everett Millican, 52nd District moves to amend HB 438 by striking Section II in its entirety and inserting in lieu thereof new Section II as follows:
SECTION 2. Pension payments due to former officers and employees under this
892
JOURNAL OF THE HOUSE,
Act or any prior Act of the General Assembly who have heretofore retired as a matter of right after 25 years of service and who may so retire before the effective date of this Act, and have been awarded pensions under the terms of this Act, shall be increased in the following amounts, and subject to the limitations hereinafter set forth. All such persons shall have their future pension payments made on the basis of one-half pay but not to exceed $100.00 per month, plus $5.00 per month for each full year's active service in excess of 25 years but not in excess of 35 years, provided that no such person, as a result of this amendment, shall draw more than $150.00 per month in pensions, which limitations shall include any pension received from the Georgia State Teachers' retirement fund. This Section shall be effective April 1, 1955. Where benefits heretofore granted are payable out of the funds in the hands of the Board of Trustees provided herein, the same benefits shall continue to be paid out of the same funds but increased benefits provided in this amendment shall be paid out of the county treasury from funds received from sources other than taxation. Where benefits are payable directly from the treasury of the county, the increased benefits shall also be paid out of the treasury of the county.
Mr. Lokey 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 HB 438 was agreed to.
HB 569. By Mr. Ivey of Newton:
A Bill to be entitled an Act to amend an Act so as to provide a board of directors for Newton County, and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 569 by inserting the words, "to provide an effective date" before the clause "to repeal conflicting laws" in the title.
And by inserting a new section to read: "Section 1a. The provisions of this Act shall be effective as to any salary paid after January 1,
1954."
Mr. Ivey of Newton 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 569 was agreed to.
HB 570. By Mr. Ivey of Newton:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Treasurer of Newton County, and for other purposes.
The following Senate amendment was read:
FRIDAY, FEBRUARY 18, 1955
893
The Senate moves to amend HB 570 by inserting the words "to provide an effective date" before the clause "to repeal conflicting laws" in the title.
And by inserting a new section to read: "Section 1A. The provisions of this Act shall be effective as to any salary paid after January 1, 1954."
Mr. Ivey of Newton moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 121, nays 0.
The Senate amendment to HB 570 was agreed to.
HB 575. By Mr. Truelove of White:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners of Roads and Revenues of White County, and for other purposes.
The following Senate amendment was read:
Senator Housley of the 32nd moves to amend HB 575 by striking the figures $600.00 in Section 1 and inserting in lieu the figures $700.00; and by striking the figures $800.00 in Section 2 and inserting in lieu the figures $900.00.
Mr. Truelove of White 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 575 was agreed to.
HB 112. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to provide that the right of a minor to a year's support shall be defeated by marriage, and for other purposes.
The following Senate amendment was read:
The Senate moves to amend Section 1 of HB 112 by striking the words "or by marriage".
Mr. Veal of Putnam moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
The following Resolutions of the House were read and adopted:
894
JOURNAL OF THE HOUSE,
HR 219 By Messrs. Murr and Jones of Sumter:
A RESOLUTION
Requesting the Georgia Accrediting Commission to rescind certain of its actions relative to the minimum Average Daily Attendance requirements for accredited high schools; and for other purposes.
WHEREAS, there are many small high schools in Georgia today that are recognized by the Georgia Accrediting Commission; and
WHEREAS, the graduates of these high schools have made as outstanding a record in college as any of the graduates of the larger high schools in this State; and
WHEREAS, there are many small towns and communities in Georgia who have spent much time and money in building up fine accredited high schools and have fine facilities at these high schools; and
WHEREAS, if the 100 minimum Average Daily Attendance rule is placed in effect by the Georgia Accrediting Commission in the school year 1955-56 many of these high schools located in small towns and communities throughout Georgia will either be forced to consolidate or lose their accredited rating:
NOW, THEREFORE, BE IT RESOLVED THE HOUSE OF REPRESENTATIVES that this body go on record as requesting the Georgia Accrediting Commission to rescind their action of adopting a 100 minimum Average Daily Attendance for an accredited high school and to leave the minimum Average Daily Attendance requirement for an accredited high school at 60 Average Daily Attendance.
NOW, THEREFORE, BE IT ALSO RESOLVED, that the Clerk of the Georgia House of Representatives be directed to mail a copy of this resolution to each and every member of the Georgia Accrediting Commission; to the Chairman of the State Board of Education and to the State School Superintendent.
HR 220. By Mr. Ramsey of Effingham:
A RESOLUTION
WHEREAS, the Public Library Committee of the House of Representatives should at all times be aware of the condition of the State Library of this State; and
WHEREAS, the demand upon the State Library for law books has greatly increased;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that not more than five members of the Public Library Committee be authorized to visit and inspect the State Library, for a period of not more than five days, in the interim between this session and the next session of the General Assembly.
BE IT FURTHER RESOLVED, that the five members of said Committee shall receive the same per diem and travel expenses for their services as while attending sessions of the House of Representatives.
FRIDAY, FEBRUARY 18, 1955
895
Under the order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 103. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to provide for the liability of the owners of 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 109, 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 insists on its position in amending the following Bill of the House and respectfully asks that another Committee of Conference be appointed:
HB 465: By Messrs. Moate of Hancock, Groover of Bibb, Twitty of Mitchell and others:
A Bill to be entitled an Act to repeal an Act entitled "An Act to repeal Part 3, Cigars and Cigarettes in its entirety; to levy a tax on sales and use; and for other purposes.
The President of the Senate has appointed as a Committee of Conference to HB 465 the following members of the Senate, to-wit: Senators Overby of the 33rd, Roop of the 37th and Page of the 1st.
The Senate has passed as amended by the requisite constitutional majority the following resolution of the House to wit:
HR 39-130d. By Mr. Roughton of Washington:
A Resolution to compensate Oliver B. Humphrey for damages to his automobile; and for other purposes.
The Senate has adopted by substitute by the requisite constitutional majority the following resolution of the House to wit:
HR 38-130c. By Mr. Roughton of Washington:
A Resolution to officially designate the names for two bridges on State Highway Route 102, as the Bolden S. Cobb Bridges."
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same and in requesting the appointment of a second Committee on Conference:
896
JOURNAL OF THE HOUSE,
HB 465. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to taxes on cigars and cigarettes, and for other purposes.
Mr. Groover of Bibb moved that the House insist on its position in disagreeing to the Senate amendment and that a second Committee on Conference be appointed to confer with a like Committee on the part of the Senate, and the motion prevailed.
The Speaker appointed as a Committee on Conference to confer with a like Committee on the part of the Senate, the following members of the House: Messrs. Birdsong of Troup, Twitty of Mitchell, and Groover of Bibb.
By unanimous consent, the House reconsidered its action in adopting the following Resolution of the House:
HR 220. By Mr. Ramsey of Effingham: A Resolution authorizing five members of the Public Library Committee to visit and inspect the State Library, and for other purposes.
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendment thereto:
HB 104. By Mr. Bentley of Cobb: A Bill to be entitled an Act to amend the Code relating to the entry of notice and award and payment to assessors of costs in condemnation proceedings, and for other purposes.
The following Senate amendment was read: The Senate moves to amend HB 104 by striking therefrom the
words "at least" wherever they appear in said Bill before the figures "$10.00"; and by adding to the end of Section 2 the following: "except as otherwise herein provided:".
Mr. Bentley of Cobb 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 104 was agreed to.
HR 38-130c. By Mr. Roughton of Washington: A Resolution designating certain bridges on State Highway Route 102 as the "Bolden S. Cobb Bridges", and for other purposes.
The following Senate substitute was read:
A RESOLUTION To officially designate the name for a bridge on State Highway
FRIDAY, FEBRUARY 18, 1955
897
Route 102 between Mitchell, Glascock County, Georgia, and Warthen, Washington County, Georgia, as the "Bolden S. Cobb Bridge;" that
WHEREAS, Mr. Bolden S. Cobb was instrumental in obtaining all the steel and building materials for the construction of the bridge hereinafter described; and that
WHEREAS, Mr. Bolden S. Cobb did unselfishly devote many hours of his time, and did expend considerable sums of his own funds to obtain the necessary permit from the Federal officials for the purpose of having erected the said bridge; and that
WHEREAS, with the steel and materials obtained by Mr. Bolden S. Cobb, the State Highway Department of Georgia did build the bridge on State Highway Route 102, in Washington County, Georgia.
IT IS, THEREFORE, RESOLVED by the House of Representatives, the Senate concurring that the bridge crossing Suzan Cobb Lake on State Highway Route 102 in Washington County, Georgia, between the town of Mitchell, Glascock County and Warthen, Washington County, Georgia, is hereby designated and named the "Bolden S. Cobb Bridge" and the State Highway Department officials and other State agencies are directed that on all maps and publications the said bridge shall be referred to and designated as the "Bolden S. Cobb Bridge" and the State Highway Department officials are directed to have placed on or near the said bridge an appropriate sign indicating to the public the name hereby designated.
Mr. Roughton of Washington moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 103, nays 0.
The Senate substitute to HR 38-130c was agreed to.
HB 70. By Messrs. Henderson of Atkinson, Deen of Bacon and others:
A Bill to be entitled an Act to amend the Code relating to motor vehicle license tags, and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB 70, Section 1, Line 5, by striking the word "may" and inserting the word "shall".
Mr. Groover of Bibb moved that the House disagree to the Senate amendment, and the motion prevailed.
The House disagreed to the Senate amendment to HB 70.
HR 39-130d. By Mr. Roughton of Washington:
A Resolution compensating Oliver B. Humphrey for damages, and for other purposes.
898
JOURNAL OF THE HOUSE,
The following Senate amendment was read:
Senator Millican of the 52nd District moves to amend HR 39-130d as follows:
By adding in the title of said resolution after the word "automobile" and before the phrase "and for other purposes" the phrase "and to compensate C. B. Price for personal injuries occasioned to him in the course of his employment."
By adding a new section at the end of said resolution to be appropriately numbered provided as follows:
"WHEREAS, C. B. Price of Jesup, Georgia, was, on April 28, 1954, employed by the Georgia Forestry Commission as a towerman at the Wayne County Forestry Unit, and
WHEREAS, on said date, Mr. Price, while pursuing the duties of his employment with the Commission, suffered a severe fall, resulting in the breaking of three ribs, possible injuries to the lung, chipping of the left elbow, and other broken bones and injuries, and
WHEREAS, Mr. Price has been unable to work since said time, and will be permanently disabled unless an operation as prescribed by his physician is performed, and
WHEREAS, said operation would save the State of Georgia several
thousand dollars in permanent disability benefits under Workmen's
Compensation, and
WHEREAS, the surgeon's fees and hospital expenses for said operation have been estimated at four hundred twenty-five ($425.00) dollars,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the Georgia Forestry be directed to pay to the surgeon and hospital, all fees and bills incident to said operation, not to exceed a combined amount of five-hundred ($500.00) dollars in satisfaction of all claims therefor, said sum to be paid from funds available to the Commission upon presentation of a bill therefor in due form."
Mr. Sheffield of Brooks moved that the House disagree to the Senate amendment, and the motion prevailed.
The Senate amendment to HR 39-130d was disagreed to.
Under the order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 67. By Senator Millican of the 52nd:
A Bill to be entitled an Act to place restrictions relative to a list of owners of motor vehicles furnished by the State Revenue Commissioner, and for other purposes.
FRIDAY, FEBRUARY 18, 1955
899
Mr. Groover of Bibb moved that the bill be tabled.
The motion to table 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 95, nays 9.
The bill, having failed to receive the requisite constitutional majority, was lost.
SB 74. By Senator Overby of the 33rd:
A Bill to be entitled an Act authorizing the procurement of liability insurance by political sub-divisions, and for other purposes.
The following amendment was read and adopted:
Reed of Cobb moves to amend SB 74:
By striking Section 2 of said bill and inserting in lieu thereof the following:
SECTION 2.
Whenever a municipal corporation, a county, or any other political subdivision of the State shall purchase such insurance the negligence of any duly authorized officer, agent, servant, attorney, or employee in the performance of his official duties, its governmental immunity shall be waived to the extent of the amount of insurance so purchased. Neither the municipal corporation, county or political subdivision of the State, as the case may be, nor the insuring company shall plead such governmental immunity as a defense and may make only such defenses as could be made if the insured were a private person. The municipal corporation, county or any other political sub-division of the State shall be liable for negligence as herein provided only for damages suffered while said insurance is in force, but in no case in an amount exceeding the limits or the coverage of any such insurance policy. No attempt shall be made in the trial of any action brought against a municipal corporation, county or any other political subdivision of the State to suggest the existence of any insurance which covers in whole or in part any judgment or award which may be rendered in favor of the plaintiff, and if the verdict rendered by the jury exceeds the limits of the applicable insurance, the court shall reduce the amount of said judgment or award to a sum equal to the applicable limits stated in the insurance policy.
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 5.
900
JOURNAL OF THE HOUSE,
The bill, having received the requisite constitutional majority, was passed, as amended.
The bill was ordered immediately transmitted to the Senate.
The following Bill of the House was taken up for the purpose of considering the report of the Committee on Conference thereon:
HB 455. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to place certain officers of Rockdale County on a salary basis, and for other purposes.
The following report of the Committee on Conference was read:
Mr. President:
Mr. Speaker:
Your Committee on Conference on HB 455 recommends that the Senate amendment to HB 455 be accepted.
Is/ E. M. Walker, Rockdale Is/ McWhorter, DeKalb Is/ Turner, 34th Is/ Lambert, 28th Is/ M. Smith, Fulton Is/ W. K. Ponsell, 5th
Mr. Walker of Rockdale 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 on HB 455 was adopted.
Under the order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 99. By Senators Turner of the 34th and Harper of the 26th:
A Bill to be entitled an Act to amend the Code relating to authorized investments by insurance companies, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 18, 1955
901
SB 53. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to amend the Code relating to 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following Resolutions of the House were read and adopted:
HR 221. By Mr. McWhorter of DeKalb:
A Resolution permitting the Georgia Quail Breeders Association to ship to President Dwight D. Eisenhower a mess of quail, and for other purposes.
The Resolution was ordered immediately transmitted to the Senate.
HR 222. By Mr. Smith of Emanuel and Mr. Murr of Sumter: A Resolution commending the press, and for other purposes.
The following Resolution of the House was read:
HR 134. By Mr. Tarpley of Union:
A Resolution creating a committee to study the advisability of creating a state-wide probation system, and for other purposes.
The following substitute was read and adopted:
A RESOLUTION
Creating a committee to study advisability of creating a state-wide probation system; and for other purposes.
WHEREAS, much publicity recently has been given to the statement by several officials that it would be advantageous to this State to establish a state-wide probation system; and
WHEREAS, it has been stated that such a probation system, in addition to being of great moral benefit to the prisoners involved and the citizens would likewise be of tremendous financial benefit to the State over a long period of time; and
WHEREAS, such a serious matter needs to be given careful consideration and study in order that correct and needed information be submitted:
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House, to be appointed by the Speaker.
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JOURNAL OF THE HOUSE,
Said Committee shall study the advisability of establishing a state-wide probation system and in connection therewith shall study the present provisions of Georgia law relative to probation and shall study the probation system of other states in order to ascertain the most efficient method of operation of such a system. Such committee is hereby authorized to hold public hearings if deemed necessary and to accept ideas and proposals from all interested persons and organizations. Said committee shall make a report to the 1956 session of the General Assembly of Georgia, which report shall contain its findings and recommendations, and if deemed advisable by the committee be accompanied by drafts of the suggested legislation. The members of the committee shall receive the same per diem and allowances as they received for attendance at a regular session of the General Assembly and in addition thereto shall be reimbursed for their expenses incurred in traveling in the performance of their duties under this Resolution. No member of the Committee shall receive per diem or allowances for more than 15 days.
The resolution was adopted, by substitute.
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 421. By Messrs. Matthews of Clarke, Clay of McDuffie and Boggus of Ben Hill:
A Bill to be entitled an Act to provide for the procurement of group insurance for county employees and to authorize Counties to pay the premiums thereon and to provide that the amount spent for such premiums shall be deemed to additional compensation to such employees; and for other purposes.
HR 217. By Mr. Nightingale of Glynn:
A Resolution authorizing a study to be made relative to home rule; and for other purposes.
The Senate has receded from its position in amending the following Resolution of the House:
HR 39. By Mr. Roughton of Washington:
A Resolution to compensate Oliver B. Humphrey for damages to his automobile; and for other purposes.
The Senate insists on its position and respectfully asks that a Committee of Conference be appointed on the following Bill of the House:
HB 70. By Messrs. Henderson of Atkinson, Deen of Bacon and others: A Bill to be entitled an Act to amend Section 68-214 of the Code relating
FRIDAY, FEBRUARY 18, 1955
903
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; and for other purposes.
The President has appointed as a Committee of Conference to HB 70 the following members of the Senate, to-wit: Senators Morrison of the 15th, McBride of the lOth and Millican of the 52nd:
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 70. By Messrs. Henderson of Atkinson, Deen of Bacon and others:
A Bill to be entitled an Act to amend the Code relating to motor vehicle license tags, and for other purposes.
Mr. Groover of Bibb moved that the House insist on its position in disagreeing to the Senate amendment and that a Committee on Conference be appointed to confer with a like Committee on the part of the Senate, and the motion prevailed.
The Speaker appointed as a Committee on Conference to confer with a like Committee on the part of the Senate, the following members of the House: Messrs. Henderson of Atkinson, Lindsey of Spalding and Groover of Bibb.
The following Resolution of the House was taken up for the purpose of considering the Senate amendments thereto:
HR 217. By Mr. Nightingale of Glynn:
A Resolution authorizing a study to be made relative to home rule, and for other purposes.
The following Senate amendments were read:
Senator Overby of the 33rd moves to amend HR 217 by striking the word "two" where it appears on Line 20 and inserting the word "three."
Senator Matthews of the 47th moves to amend HR 217 by adding to the bottom of the last paragraph thereof the following: "The members of the Committee shall receive the per diem and allowances authorized by law for members of interim committees and shall be limited to 30 days as to per diem expense."
Mr. Nightingale of Glynn moved that the House agree to the Senate amend- ments.
The motion to agree was withdrawn.
Mr. Nightingale of Glynn moved that the House disagree to the Senate amendments, and the motion prevailed.
The Senate amendments to HR 217 were disagreed to.
904
JOURNAL OF THE HOUSE,
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 421. By Messrs. Matthews of Clarke, Clay of McDuffie and Boggus of Ben Hill:
A Bill to be entitled an Act to provide for the procurement of group insurance for county employees, and for other purposes.
The following Senate amendment was read:
Senator Page of the 1st moves to amend HB 421 by adding after the word "pay" in line 3 of Section 1 the following: "Up to fifty percent of".
Mr. Matthews of Clarke moved that the House disagree to the Senate amendment, and the motion prevailed.
The Senate amendment to HB 421 was disagreed 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 13. 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 provide that the Mayor and Board of Aldermen may classify businesses, trades and professions; and other purposes.
HB 550. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to authorize the City Commissioners of the City of Griffin to close and vacate certain streets in said City; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 550. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to authorize the closing of certain streets in the City of Griffin, and for other purposes.
The following Senate amendment was read:
Harper of the 26th moves to amend HB 550, as follows:
By adding in the title, before the words "to repeal conflicting laws;", the words "to provide an effective date;", and
FRIDAY, FEBRUARY 18, 1955
905
By adding a new section, to be known as Section 3A, to read as follows:
"Section 3A. This Act shall become effective on March 1, 1956."
Mr. Lindsey of Spalding 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 550 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 465. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to taxes on cigars and cigarettes, and for other purposes.
The following report of the Committee on Conference was read:
Mr. President:
Mr. Speaker:
The Committee on conference on HB 465 submits the following report and makes the following recommendation:
1. We recommend that the Senate recede from its position on the Senate Amendments to said bill.
Senator Page of the 1st dissents.
On the part of the Senate: /s/ M. C. Roop
Roop of the 37th /s/ Overby of the 33rd
Overby of the 33rd /s/ Owen H. Page, Jr.
Page of the 1st The Dissenter
On the part of the House: /s/ Twitty of Mitchell
Twitty of Mitchell /s/ Groover of Bibb
Groover of Bibb /s/ Birdsong of Troup
Birdsong of Troup
Mr. Groover of Bibb moved that the House adopt the report of the Committee on Conference.
On the motion, the ayes were 103, nays 1.
906
JOURNAL OF THE HOUSE,
The report of the Committee on Conference on HB 465 was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 70. By Messrs. Henderson of Atkinson, Deen of Bacon and others:
A Bill to be entitled an Act to amend the Code relating to motor vehicle license tags, and for other purposes.
Mr. Groover of Bibb moved that the House recede from its position in disagreeing to the Senate amendment, and the motion prevailed.
Mr. Groover of Bibb 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 70 was agreed to.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 13. 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, and for other purposes.
The following Senate amendments were read:
Senator Millican of the 52nd moves to amend HB 13 by striking Section 2, 3 and 4 and adding thereto the following sections:
SECTION 2.
The provisiOns of the charter relating to classifications of businesses for taxation, codified as part of Section 25.90, Code, City of Atlanta, 1953, as follows: "provided, that nothing herein contained shall be construed to authorize the levy of a tax upon any profession not taxable under the general tax act", is hereby repealed.
SECTION 3.
There is hereby created in the Department of Planning Engineer the position of Deputy Planning Engineer, whose salary shall be $7,500.00 per year, subject to increase or decrease by the Mayor and Board of Aldermen after the elapse of six months from the date of the approval of this act. The Deputy Planning Engineer shall assist the Planning Engineer in his duties and perform such other duties as may be assigned to him by the Planning Engineer or by the Mayor and Board of Aldermen. Said Deputy Planning Engineer shall be appointed by the Planning Engineer and shall come from among the existing employees of said Department of Planning Engineer. He shall serve during efficient service and good behavior as provided in the Civil Service Laws of the City.
FRIDAY, FEBRUARY 18, 1955
907
SECTION 4.
In addition to the group life insurance provided for by the Charter, as amended, the mayor and board of aldermen are authorized to contract for additional group life insurance not to exceed one thousand dollars on the lives of each officer or employee of the city in such groups and in such classifications of amounts of insurance as it deems proper, provided that the payment by the officer or employee shall not exceed seventy cents per thousand per month. The balance of the cost required to pay for such group insurance shall be paid by the City of Atlanta except as to those employed by the board of education which shall be paid by the board of education from appropriations made to that department. No officer or employee shall be compelled to take such additional insurance but if he voluntarily elects to do so the comptroller shall be authorized to deduct the contributions of such officer or employee from the salary or wages of the officer or employee so insured if he is an employee of the city and the board of education is authorized to deduct the contributions of their employees.
SECTION 5.
The Mayor and Board of Aldermen shall have full power and authority to sell, exchange, alien or otherwise dispose of surplus water works property consisting of about one acre of land in Land Lot 150 of the 17th District of Fulton County, Georgia, bounded on the north by Huff Road, N.W., on the east by United Butchers Abbatoir, Inc., on the south by the Southern Railroad, and on the west by United Butchers Abbatoir, Inc. and Spencer-Adams Paint Company.
SECTION 6.
The City of Atlanta, as a body politic, shall have the full power and authority to acquire, by the exercise of the power of eminent domain, any real property or any interest therein, within or without the corporate limits of said city, which it may deem necessary for any corporate purpose.
SECTION 7.
The City Deputy in the Office of Municipal Revenue Collector assigned to that position by the Municipal Revenue Collector, under authority of Section 3 of the Act approved February 15, 1952 (Ga. Laws 1952, pp. 2678, 2679), shall be the chief administrative officer for the Department of Municipal Revenue Collector. His salary is fixed at $6,000.00 per annum, which may be increased or decreased by the Mayor and Board of Aldermen, after the expiration of six months from the date of the approval of this Act.
SECTION 8.
Salaries of officials named below shall be increased in an amount equal to 5% of the respective basic salaries heretofore fixed by this Charter, as amended, said increase to be effective January 1, 1955, and subject to increase or decrease, as provided in the Charter, as amended.
City Attorney; Comptroller; Chief of Construction; Chief of Po
908
JOURNAL OF THE HOUSE,
lice; Chief of Fire Department; General Manager of Water Works; Sanitary Engineer; First Assistant Sanitary Engineer; Chief Plumbing Inspector; Director of Personnel; Airport Manager; Director of Public Library; Planning Engineer; City Traffic Engineer; Municipal Revenue Collector; Superintendent of Electrical Affairs; Clerk of Board of Aldermen; General Manager of Parks; Purchasing Agent; Garage Superintendent; Prison Superintendent; Manager of City Auditorium; Building Superintendent; Inspector of Buildings; Judges of Municipal Court of Atlanta; Chief Associate Judge of Municipal Court of Atlanta; Associate Judges-Probation Officers, Municipal Court of Atlanta; Superintendents of Police Department; Captains of Police Department.
SECTION 9.
Basic salaries of officials named below shall be the amount opposite the respective names :
Executive Secretary in the Office of Mayor__________________________$7200.00
Deputy Municipal Revenue Collector (formerly Tax Collector) --------------------------------------------------$6900.00
SECTION 10.
The basic salary of the Land Agent is increased $1,000.00 per annum, to be effective January 1, 1955, subject to increase and decrease as provided in the Charter, as amended.
SECTION 11.
Upon organization of the Traffic Court the salaries of the Judges and Associate Judges of the Municipal Court shall not be less than the salaries fixed by law for the similar positions in the Traffic Court.
SECTION 12. 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 amendments.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendments to HB 13 were agreed to.
The following Resolution of the House was read and adopted:
HR 223. By Mr. Groover of Bibb:
A Resolution providing for a Joint Committee to notify the Governor that the General Assembly has completed its deliberations and is ready to adjourn sine die, and for other purposes.
Under the provisions of HR 223, the Speaker appointed as a committee on
FRIDAY, FEBRUARY 18, 1955
909
the part of the House, the following members: Messrs. Sheffield of Brooks, Cowart of Calhoun, and Nilan of Muscogee.
The resolution was ordered immediately transmitted to the Senate.
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 331. By Messrs. Bolton of Spalding, Matthews of Clarke, Lavender of Elbert, Mackay of DeKalb and Russell of Barrow:
A Bill to be entitled an Act to authorize the judgment of a court providing permanent alimony for the support of a wife, or child or children, or both, to be revised, upon petition by wife or husband alleging change in husband's income and financial status; to provide that the merits of whether alimony is entitled is not in issue; to provide that such application is restricted to judgments ordering periodic payments; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate insists on its position on the following Bill of the House:
HB 421. By Messrs. Matthews of Clarke, Clay of McDuffie and Boggus of Ben Hill:
A Bill to be entitled an Act to provide for the procurement of group insurance for county employees and to authorize Counties to pay the premiums thereon and to provide that the amount spent for such premiums shall be deemed to be additional compensation to such employees; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 331. By Messrs. Bolton of Spalding, Matthews of Clarke, and others:
A Bill to be entitled an Act relating to permanent alimony, and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 331, as follows:
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows:
SECTION 1.
The judgment of a court providing permanent alimony for the support of a wife or child or children, or both, shall be subject to re-
910
JOURNAL OF THE HOUSE,
vision upon petition filed by either the husband or the wife showing a change in the income and financial status of the husband. Such petition shall be filed and returnable under the same rules of procedure applicable to divorce proceedings. Such petition shall be filed in the same county in which the original judgment was granted. No petition may be filed under this Act within a period of two years from the date of the filing of a previous petition under this Act. After hearing both parties and the evidence, the jury, or the judge where a jury is not demanded, may modify and revise the previous judgment so as to provide for the wife or child or children, or both, in accordance with the changed income and financial status of the husband, if such a change in the income and financial status of the husband is satisfactorily proved, so as to warrant such modification and revision. In the hearing upon a petition filed as provided herein, testimony may be given and evidence introduced relative to the income and financial status of the wife.
Mr. Bolton of Spalding moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 110, nays 0.
The Senate amendment to HB 331 was agreed to.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 421. By Messrs. Matthews of Clark, Clay of McDuffie and Boggus of Ben Hill:
A Bill to be entitled an Act to provide for the procurement of Group Insurance for county employees, and for other purposes.
Mr. Matthews of Clarke moved that the House recede from its position in disagreeing to the Senate amendment, and the motion prevailed.
Mr. Matthews of Clarke 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 421 was agreed to.
By unanimous consent, the House reconsidered its action in adopting the following Resolution of the House:
HR 155. By Messrs. Perkins and Duncan of Carroll:
A Resolution requesting the Georgia Accrediting Commission to rescind certain actions, and for other purposes.
Under the provisions of HR 132, the Speaker appointed as a Committee on the part of the House, the following members: Messrs. Jackson of Jones, and Massee and Duke of Baldwin.
FRIDAY, FEBRUARY 18, 1955
911
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the committee of Conference on the following Bill of the House:
HB 151. By Mr. Groover of Bibb and others:
A Bill to be entitled an Act to regulate certain loans of $2,500.00 or less to be known as the Georgia Industrial Loan Act; to provide for license and define the persons who may operate thereunder; and for other purposes.
Mr. Nightingale of Glynn moved that the House recede from its position in disagreeing to the Senate amendments to the following Resolution of the House:
HR 217. By Mr. Nightingale of Glynn:
A Resolution authorizing a study to be made relative to home rule, and for other puropses.
The motion to recede prevailed.
Mr. Nightingale of Glynn moved that the House agree to the Senate amendments.
On the motion to agree, the ayes were 103, nays 2.
The Senate amendments to HR 217 were agreed to.
Under the provisions of HR 217, the Speaker appointed as a committee on the part of the House, the following members: Messrs. Bolton of Spalding, Sanders of Richmond, and Nightingale of Glynn.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 7. By Messrs. Mincy of Ware, Harrison of Wayne, and others:
A Bill to be entitled an Act to amend Act authorizing the State of Georgia to make grants to assist in the construction of public hospitals and public health centers, so as to increase the coverage of said Act; and for other purposes.
HB 145. By Messrs. Ray of Warren, Garrard of Wilkes and others:
A Bill to be entitled an Act entitled "Structural Pest Control Act" so as to define words and terms used herein; and for other purposes.
912
JOURNAL OF THE HOUSE,
HB 168. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend Section 23-1301 of the Code of Georgia of 1933, the same being an Act authorizing the employment of an expert accountant to examine county affairs, in counties having a certain population; and for other purposes.
HB 281. By Messrs. Nightingale of Glynn, Wright of Floyd and others:
A Bill to be entitled an Act to amend Section 38-1201 of the Code relating to discovery at law, to provide that discovery at law may be had from defendants in fi. fa. as to the property from which executions may be satisfied; and for other purposes.
HB 326. By Messrs. Lindsey and Bolton of Spalding and Floyd of Chattooga:
A Bill to be entitled an Act approved March 2, 1953 (Ga. L. 1953, Jan.Feb. Sess., p. 366) relating to the registration of motor vehicles, etc., so as to strike from said Act the requirement of including the amount of liens against motor vehicles; and for other purposes.
HB 350. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend an Act creating the State Office Building Authority; and for other purposes.
HB 352. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend an Act relating to the licensing of aliens to practice medicine or pharmacy in this State, etc., and for other purposes.
HB 362. By Messrs. Lokey of Fulton, Groover of Bibb and others:
A Bill to be entitled an Act to provide for pauper's affidavits in all trial courts; to repeal conflicting laws; and for other purposes.
HB 375. By Messrs. Blalock of Clayton, Scoggin of Floyd and others:
A Bill to be entitled an Act to express and effectuate the original intent of the General Assembly in enacting the Intangible Tax Act of 1953; and for other purposes.
HB 390. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to create the Clayton County Water authority and to authorize such Authority to acquire, construct, and thereafter operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities; and for other purposes.
HB 395. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to make it a criminal offense for any person to take, use or operate an automobile, motorcycle or other self propelled
FRIDAY, FEBRUARY 18, 1955
913
motor vehicle without the permission of the owner thereof; and for other purposes.
HB 397. By Messrs. Nightingale and Killian of Glynn:
A Bill to be entitled an Act to amend an Act known as the "Juvenile Court Act", etc., so as t.o provide for the transfer of a child to other courts who is charged with a crime; and for other purposes.
HB 412. By Mr. Reed of Cobb:
A Bill to be entitled an Act to provide for the disposition of notices of claims against deposits of insurance companies filed with the State Treasurer; and for other purposes.
HB 426. By Messrs. Holley, Sanders and Chambers of Richmond:
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 having a population of not less than 100,000 inhabitants and not more than 110,000 inhabitants, the Clerk of the Superior Court and other officers; and for other purposes.
HB 449. By Messrs. Duke and Massee of Baldwin, and Jackson of Jones:
A Bill to be entitled an Act to amend Section 35-236, of the 1933 Code of Georgia, as amended, relating to lunacy trial of persons at Milledgeville State Hospital, to provide how a trial may be demanded and had and to provide methods and procedures for such trials and the court in which such trials may be had; and for other purposes.
HB 454. By Mr. Walker of Rockdale:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Rockdale County; and for other purposes.
HB 459. By Messrs. Weems and Floyd of Chattooga and Campbell and Coker of Walker:
A Bill to be entitled an Act to amend an Act entitled "An Act to prescribe uniform regulations for the distribution, sale, and use of liquefied petroleum gases; to designate the Insurane Commissioners as the enforcing officer; and for other purposes.
HB 460. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to amend an Act creating the Department of Revenue, so as to provide that the State Revenue Commissioner shall be ineligible for certain elective offices; to provide for an exception; and for other purposes.
HB 461. By Messrs. Moate of Hancock, Willingham of Cobb, and others:
A Bill to be entitled an Act to amend an Act relating to the establishment of the office of Supervisor of Purchases, so as to provide that the
914
JOURNAL OF THE HOUSE,
Supervisor shall be ineligible for certain elective offices; to provide for an exception; and for other purposes.
HB 462. By Messrs. Moate of Hancock, Groover of Bibb, and others:
A Bill to be entitled an Act to amend an Act creating the State Highway Board, so as to provide that all members of the State Highway Board shall be ineligible for certain elective offices; to provide for an exception; and for other purposes.
HB 463. By Messrs. Moate of Hancock, Groover of Bibb, and others:
A Bill to be entitled an Act to amend an Act creating the Department of Veterans Service so as to provide for a quorum; to provide for service by the Director; to provide that the director shall be ineligible for certain elective offices; to provide for an exemption; and for other purposes.
HB 472. By Messrs. Palmer and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for a County Board of Commissioners for the County of Mitchell and to provide and define the powers and duties thereof; and for other purposes.
HB 484. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to authorize the Board of County Commissioners of Gwinnett County to establish restricted zones and districts; and for other purposes.
HB 488. By Mr. Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Act to create a Board of County Commissioners for Gwinnett County; and for other purposes.
HB 489. By Mr. Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Act to establish the City Court of Gwinnett County; and for other purposes.
HB 499. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act known as the General Tax Act, approved March 28, 1935 (Ga. Laws 1935, p. 11), as amended, so as to remove the provisions relating to the tax upon dealers in gun shells; and for other purposes.
HB 508. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act 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.
FRIDAY, FEBRUARY 18, 1955
915
HB 510. By Mr. McGarity of Henry:
A Bill to be entitled an Act to require the Board of Education and the School Superintendent of Henry County to publish a monthly financial statement of receipts and disbursements; etc.; and for other purposes.
HB 511. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to provide that in Fulton County the Ordinary, Sheriff, Clerk of Superior Court, Tax Receiver, Tax Collector and County Treasurer may appoint a Chief Deputy, etc.; and for other purposes.
HB 514. By Mr. Hendrix of Long:
A Bill to be entitled an Act to provide for the election of county Commissioners from each district in the County of Long; and for other purposes.
HB 515. By Mr. Flynt of Taliaferro:
A Bill to be entitled an Act to provide that in all counties of this State having a population of more than 4,500 and less than 4,525, the Chairman of the Board of Commissioners of Roads and Revenues may pay debts of the county out of any funds available; and for other purposes.
HB 523. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act to incorporate the City of Hapeville; and for other purposes.
HB 524. By Mr. King of Pike:
A Bill to be entitled an Act to fix the salary of the Clerk of the Board of Commissioners of Roads and Revenues of Pike County; and for other purposes.
HB 525. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend an Act incorporating the town of Dudley, so as to increase the authorized rate of taxation; and for other purposes.
HB 526. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend the Charter of the Town of East Dublin; and for other purposes.
HB 527. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act to provide that the governing authorities of certain counties may fix license fees and provide rules and regulations for the installation of Plumbing in said counties; and for other purposes.
916
JOURNAL OF THE HOUSE,
HB 531. By Messrs. Moate of Hancock, and Groover of Bibb:
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 Georiga, etc.; and for other purposes.
HB 536. By Mr. Love of Catoosa:
A Bill to be entitled an Act to amend an Act to create the Office of Tax Commissioner of Catoosa County; and for other purposes.
HB 538. By Mr. Love of Catoosa:
A Bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenue for Catoosa County; and for other purposes.
HB 541. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act entitled an Act to provide for the creation of a Board of Road and Revenue Commissioners in and for the County of Candler; and for other purposes.
HB 544. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to create the East Point Parking Authority which shall have perpetual succession as a public corporation; and for other purposes.
HB 547. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act entitled an Act to create a Board of County Commissioners for Brooks County; and for other purposes.
HB 551. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to provide for the manner in which licenses granted by the State of Georgia, or by any other duly authorized licensing authority, authorizing the manufacture of malt beverages may be revoked and renewed; and for other purposes.
HB 552. By Messrs. Hall, Wright and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish the offices of Tax Receiver and Tax Collector, and to create in lieu of the same the County Tax Commissioner of Floyd County; and for other purposes.
HB 556. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the continued existence of the Public school system of the County of Richmond; and for other purposes.
FRIDAY, FEBRUARY 18, 1955
917
HB 558. By Messrs. McKenna, Carlisle 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.
HB 559. By Messrs. Coker and Campbell of Walker:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Chickamauga; and for other purposes.
HB 560. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Walton County; and for other purposes.
HB 561. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend the charter of the City of Griffin; and for other purposes.
HB 562. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta relating to the establishment of a pension plan for employees of the Fire Department and Police Department of the City Council of Augusta; and for other purposes.
HB 563. By Messrs. McKenna, Groover and Carlisle of Bibb: A Bill to be entitled an Act to amend an Act to re-enact the Charter of the City of Macon; and for other purposes.
HB 564. By Messrs. McKenna, Carlisle 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.
HB 568. By Mr. Martin of Banks:
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 Banks County; and for other purposes.
HB 571. By Mr. Coker of Cherokee:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Canton; and for other purposes.
HB 572. By Mr. Coker of Cherokee:
A Bill to be entitled an Act to create the Cherokee County Water Authority and to authorize such authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water, etc.; and for other purposes.
918
JOURNAL OF THE HOUSE,
HB 574. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to repeal the provision for the taxation of corporations within the City of Commerce; and for other purposes.
HB 576. By Mr. Parker of Appling:
A Bill to be entitled an Act to prohibit the hunting of deer with dogs in the County of Appling; and for other purposes.
HB 577. By Messrs. Hall, Scoggin and Wright 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; and for other purposes.
The Senate has adopted the following Resolution of the House:
HR 223. By Mr. Groover of Bibb:
A Resolution that the General Assembly adjourn sine die, and providing for a committeee to be appointed to notify His Excellency, The Governor.
The President appointed on the part of the Senate: Senators Ayers of the 31st, Millican of the 52nd, and Page of the 1st.
The Senate has adopted the Conference Committee Report on the following Bill of the House:
HB 465. By Messrs. Moate of Hancock, Groover of Bibb, Twitty of Mitchell and others:
A Bill to be entitled an Act to repeal an Act entitled "An Act to repeal Part 3, Cigars and Cigarettes in its entirety; to levy a tax on sales and use, and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HR 25-83a. By Messrs. Cates and Mobley of Burke:
To compensate Parker-White Motor Company for damages to their automobile when hit by a vehicle owned by the State Department of Corrections and driven by a prisoner at the Georgia State Prison at Reidsville, and for other purposes.
HR 52-193c. By Messrs. Gunter and Williams of Hall:
To compensate Mr. Paul Fouts for damages caused by State Highway Department Maintenance Crew, and for other purposes.
FRIDAY, FEBRUARY 18, 1955
919
HR 60-211a. By Mr. Musgrove of Clinch: Compensating Maitland Smith, and for other purposes.
HR 73-266d. By Mr. Truelove of White: To provide for payment to Orner E. Craven, the sum of $50 for damages to his 1951 Model Ford Pickup Truck, and for other purposes.
HR 76-266g. By Mr. Smith of Emanuel: To compensate F. L. Spivey for damages to his automobile, and for other purposes.
HR 81-297a. By Mr. Bloodworth of Houston: To compensate Mr. and Mrs. Henry Harold Hill, for injuries and damage to automobile, and for other purposes.
HR 87-297g. By Mr. Mincy of Ware: Authorizing payment of salary to Trooper Dessie Griffin of the State Patrol, and for other purposes.
HR 88-297h. By Mr. Cloud of Decatur:
Authorizing compensation to George D. Whittaker; and for other purposes.
HR 111-369e. By Mr. Kennedy of Turner: To compensate J. C. Nolan for damages to his automobile.
HR 112-369f. By Mr. Flynt of Taliaferro:
Ratifying an easement granted by the State of Georgia to the Board of Education of Taliaferro County, and for other purposes.
HR 114-369h. By Mr. Bentley of Cobb:
To compensate T. P. Price and Mrs. Price, Smyrna, Georgia for injuries and property damage they received in an accident with a State Highway Patrol Vehicle, and for other purposes.
HR 118-392b. By Mr. Short of Colquitt:
Proposing compensation to Mr. Darrell Wiggins for damages to his automobile, and for other purposes.
HR 120-392b. By Messrs. Denson and Watson of Dougherty and Cocke of Terrell:
Proposing the conveyance by the Governor of part of the Georgia Wildlife Experiment Station, situated in Dougherty and Terrell Counties, and for other purposes.
920
JOURNAL OF THE HOUSE,
HR 127-449a. By Mr. Baughman of Early:
Authorizing and directing the State Librarian to furnish certain books to the Clerk of the Superior Court of Early County; and for other purposes.
HR 132. By Mr. Jackson of Jones:
To provide for appointment of a committee of the General Assembly to make a study of Georgia laws regarding commitment and release of persons in the Milledgeville State Hospital.
HR 140-495e. By Messrs. Caldwell and Mallory of Upson:
To authorize the Governor, acting on behalf of the State, to convey to the City of Thomaston a tract of land conveyed to the State by error; and for other purposes.
HR 144. By Messrs. Chambers, Holley and Sanders of Richmond:
Proposing the acceptance as a State Historical Site in Richmond County of the premises known as "The White House of Augusta"; and for other purposes.
HR 147. By Messrs. Perkins of Carroll, Matheson of Hart and others:
Petitioning the Congress of the United States to equalize the benefits under the Korean Veteran Farm Training Program, and for other purposes.
HR 158-528c. By Mr. Musgrove of Clinch:
To designate Route S-594 in Clinch County between Homerville and Cogdell as the Frank S. Sessoms Memorial Highway, and for other purposes.
HR 160-528e. By Mr. Groover of Bibb:
Authorizing the coverage by property and liability insurance of the automobile furnished to the Governor for his official use by the State, and to pay the premiums therefor, and for other purposes.
HR 161-528f. By Mr. Phillips of Walton: Authorizing the conveyance of certain property and for other purposes.
HR 169-550a. By Mr. Sheffield of Brooks:
Proposing the development of a State park in Brooks County; and for other purposes.
HR 171-550c. By Messrs. Coker of Cherokee and Gilleland of Dawson:
To authorize the Governor to sell certain land in Forsyth County, and for other purposes.
FRIDAY, FEBRUARY 18, 1955
921
HR 172-550d. By Mr. Rowland of Johnson:
To furnish law books to the Superior Court of Johnson County; and for other purposes.
HR 177-558a. By Messrs. Nightingale and Killian of Glynn:
To authorize the Governor acting on behalf of the State to convey certain property to the City of Brunswick, Georgia; and for other purposes.
HR 182-577a. By Mr. Russell of Barrow:
Authorizing and directing the State Librarian to furnish certain books to the County Commissioners of Barrow County; and for other purposes.
HR 213. By Mr. Boggus of Ben Hill:
To have judges inform all prisoners at the time of sentencing such prisoner that to escape or attempt to escape shall be a felony; and for other purposes.
HR 221. By Mr. McWhorter of DeKalb:
A Resolution by the House of Representatives of the State of Georgia, the Senate concurring that the Georgia Quail Breeders Association be hereby permitted to ship to President Dwight D. Eisenhower a mess of what is known as Bob White quail or quails, which were raised by the members of the said association either alive or dressed as the said President may be found to desire them.
HB 398. By Messrs. Nightingale and Killian of Glynn:
A Bill to be entitled an Act to authorize the Brunswick Ports Authority created by that Act of the General Assembly approved March 8, 1945, to assign, convey, grant or otherwise transfer any or all of its property, real, personal, tangible, intangible, or otherwise, to the State Ports Authority; and for other purposes.
HR 218. By Mr. Moate of Hancock and Groover of Bibb:
A Resolution creating a committee to study retirement and pension systems; and for other purposes.
The Senate has agreed to the House Amendments to the following Bills of" the Senate.
SB 59. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.
922
JOURNAL OF THE HOUSE,
SB 60. By Senators Florence of the 39th, Harrison of the 17th and B. M. Jones of 38th :
A Bill to completely and exhaustively revise, supersede and consolidate the laws relating to the State Game and Fish Commission; to provide for a State Game and Fish Commission; and for other purposes.
SB 74. By Senator Overby of the 33rd:
A Bill to be entitled an Act authorizing a municipal corporation, a county, or any other political subdivision of the State to procure insurance to cover liability for damages on account of bodily injury or death resulting therefrom to any person, or for damages to property of any person, or both, arising by reason of ownership, maintenance, operation, or use of any motor vehicle; and for other purposes.
SB 87. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act approved August 20, 1927, providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or subsequent census, shall furnish pensions to officers and employees of such cities, so as to compel participation in said act as amended; and for other purposes.
SB 107. By Senator Page of the 1st:
A Bill to be entitled an Act to amend an Act of Georgia Laws of 1952, Page 457, pertaining to examination and registration of architects; and for other purposes.
SB 110. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.
SB 111: By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Act approved February 15, 1952 to create a joint city-county board of tax assessors in counties having a population of 300,000 or more according to the 1950 or any future census of the United States so as to provide for the appointment of officers and employees and their compensation; and for other purposes.
Under the provisions of HR 97-332f, providing for the appointment of a Committee to study the problem of separating Veterans from other patients at the Milledgeville State Hospital, the Speaker appointed as a Committee on the part of the House the following: Floyd of Chattooga, Stripling of Coweta, Clary of McDuffie.
Under the prov1s1ons of HR 218 creating a committee on the Part of the House and Senate to study retirement and pension systems, the Speaker appointed as a committee on the part of the House the following members: Freeman of Monroe, Turk of Wilcox, Veal of Putnam.
FRIDAY, FEBRUARY 18, 1955
923
Under the provisions of HR 166 to authorize the creation of a House Committee to study the possibility of establishing an Authority to procure Cumberland Island as a State Park, the Speaker appointed the following: Matheson of Hart, Odom of Camden, Drinkard of Lincoln, Harrison of Wayne, Mincy of Ware.
Under the provisiOns of HR 46, creating a House Committee to study the advisability of constructing a press gallery, the Speaker appointed the following: Carlisle of Bibb, Houston of Whitfield, King of Chattahoochee.
Under the provisions of SR 33, establishing a committee to study proposed
revisions of the Workmen's Compensation Law, the Speaker appointed as a
committee on the part of the House the following members: Bagby of Paulding,
Ivey of Newton, Rowland of Johnson.
.
Under the provisions of SB 32, providing for the creation of A Tobacco
Advisory Board, the Speaker appointed on the part of the House the following:
Lanier of Candler, Strickland of Toombs, Parker of Appling.
Mr. Green of Rabun County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined the following Bills and Resolutions of the House and find the same properly engrossed:
HR 1 HR 2 HR 5 HR 6 HR 7 HR 8 HR 12 HR 22 HR 33 HR 35 HB 2 HB 3 HB 11 HB 18 HB 19 HB 21 HB 23 HB 26 HB 29 HB 30 HB 44 HB 50 HR 42 HB 36 HB 9 HB 14 HB 16 HB 17
HB 85 HB 86 HB 87 HB 88 HB 89 HB 90 HB 92 HB 93 HB 94 HR 48 HR 49 HR 23-54a HR 31-84a HB 25 HB 32 HB 33 HB 34 HB 35 HB 46 HB 47 HB 71 HB 81 HB 82 HB 124 HR 36-130a HR 59 HB 22 HB 24
HB 41 HB 23 HB 51 HB 56 HB 68 HB 77 HB 78 HB 79 HB 80 HB 83 HB 84 HB 97 HB 100 HB 102 HB 123 HB 132 HB 133 HB 134 HB 170 HB 136 HB 157 HB 163 HB 137 HB 52 HB 57 HB 58 HB 59 HB 76
924
HB 96 HB 116 HB 117 HB 143 HB 165 HB 192 HB 125 HB 128 HB 135 HB 160 HB 164 HB 198 HB 205 HR 26-83b HR 27-83c HR 29-83e HR 30-83f HR 51-193b HR 53-193d HR 79 HB 54 HB 55 HB 63 HB 66 HB 67 HB 69 HB 130 HB 140 HB 142 HB 156 HB 158 HB 167 HB 194 HB 195 HB 201 HB 207 HB 210 HB 219 HR 20-47a HR 37-130b HR 54-193e HB 4 HB 27 HB 28 HB 31 HB 53 HB 122 HB 127 HB 129 HB 131 HB 162 HB 190 HB 191 HB 193 HB 208 HB 209
JOURNAL OF THE HOUSE,
HB 211 HB 212 HB 216 HB 217 HB 218 HB 224 HB 225 HB 226 HB 227 HB 228 HB 229 HB 230 HB 233 HB 235 HB 243 HB 244 HB 245 HB 246 HB 247 HB 248 HB 249 HB 250 HB 251 HB 252 HB 253 HB 254 HB 255 HB 256 HB 258 HB 263 HB 264 HB 265 HB 266 HB 273 HR 98 HB 48 HB 64 HB 71 HB 159 HB 181 HB 234 HB 239 HB 262 HB 289 HB 290 HB 296 HB 300 HB 307 HR 102 HR 103 HR 106 HR 115 HB 10 HB 176 HB 215 HB 241
HB 257 HB 267 HB 287 HB 288 HB 291 HB 292 HB 293 HB 297 HB 301 HB 317 HB 318 HB 320 HB 329 HB 330 HB 332 HB 12 HB 15 HB 148 HB 242 HB 324 HR 97-332f HR 122 HB 355 HB 104 HB 161 HB 177 HB 184 HB 189 HB 223 HB 260 HB 294 HB 336 HB 340 HB 343 HB 344 HB 345 HB 347 HB 348 HB 349 HB 356 HB 359 HB 365 HB 366 HB 368 HB 369 HB 370 HB 371 HB 372 HB 373 HR 86-297f HR 89-297i HR 93-332b HR 96-332e HB 357 HB 106 HB 111
HB 146 HB 214 HB 275 HB 276 HB 278 HB 321 HB 341 HB 358 HB 380 HB 381 HB 382 HB 387 HB 388 HR 13-34a HB 70 HB 121 HB 151 HB 171 HB 188 HB 270 HB 240 HB 272 HB 305 HB 358 HB 392 HB 403 HR 153 HR 154 HB 13 HB 268 HB 325 HB 354 HB 362 HB 367 HB 375 HB 383 HB 384 HB 385 HB 386 HB 389 HB 390 HB 391 HB 401 HB 404 HB 405 HB 409 HB 414 HB 416 HB 417 HB 425 HB 426 HB 427 HB 429 HB 430 HB 431 HB 432
FRIDAY, FEBRUARY 18, 1955
925
HB 433 HB 434 HB 435 HB 436 HB 437 HB 441 HB 442 HB 444 HB 439 HB 440 HB 443 HB 438 HB 447 HB 445 HR 131-449e HB 158 HB 234 HB 213 HB 107 HB 108 HB 109 HB 110 HB 280 HB 281 HB 379 HB 454 HB 455 HB 456 HB 469 HB 471 HB 472 HB 474 HB 475 HB 476 HB 477 HB 478 HB 479 HB 480 HB 481 HB 483 HB 484 HB 485 HB 488 HB 489 HB 493 HB 496 HB 497 HB 498 HB 500 HR 21-47b HR 24-56a HR 28-83d HR 32-84b HR 61-211b HR 66-235c HR 70-266a
HR 77-266h HR 78-274a HR 82-297b HR 119-392c HR 137-495b HR 138-495c HR 139-495d HR 135 HR 175 HB 413 HB 428 HB 494 HB 506 HB 507 HB 508 HB 510 HB 511 HB 514 HB 515 HB 524 HB 527 HR 158-528c HR 160-528e HR 151 HB 7 HB 112 HB 145 HB 221 HB 304 HB 311 HB 460 HB 461 HB 462 HB 463 HB 465 HB 468 HB 470 HB 504 HB 520 HB 551 HR 57-197a HB 143 HB 490 HB 168 HB 473 HB 509 HB 512 HB 513 HB 516 HB 522 HB 523 HB 525 HB 526 HB 528 HB 529 HB 536
926
JOURNAL OF THE HOUSE,
HB 537 HB 538 HB 541 HB 547 HB 499 HB 550 HB 99 HB 398 HB 517
HR 25-83a HR 38-130e HR 39-130d HR 52-193e HR 60-211a HR 73-266d HR 76-266g HR 81-297a HR 87-297g HR 88-297h HR 111-369e HR 112-369f HR 114-369h HR 118-392b HB 326 HB 531 HB 397 HB 199 HB 323 HB 352
HB 407 HB 412 HB 418 HB 421 HB 449 HB 552 HB 556 HB 557 HB 331 HR 140-495e HR 177-558a HR 144 HR 147 HR 190 HR 170-550b HB 543 HB 558 HB 559 HB 560 HB 561 HB 562 HB 563 HB 564 HB 565 HB 566 HB 568 HB 569 HB 570 HB 571
HB 572 HB 574 HB 575 HB 576 HB 577 HR 127 HR 172 HR 182 HR 183 HR 171-550c HR 169-550a HR 161-528f HR 120-392d HB 283 HB 315 HB 395 HB 451l HB 539 HB 544 HR 186 HR 187 HR 188 HR 205 HR 209 HR 132 HR 213 HR 217 HR 221 HR 223
Respectfully submitted,
Green of Rabun,
Chairman.
Mr. Petty of Pulaski County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined the following Bills and Resolutions of the House and find the same properly Enrolled:
JSR 1 HR 12 HR 23-54a HR 49 HR 31-84a HR 48 HR 35 HB 36 HB 25 HB 157 HB 32 HB 34 HB 33
HB 84 HB 123 HB 9 HB 11 HB 14 HB 16 HB 18 HB 19 HB 21 HB 22 HB 23 HB 24
HB 29
HB 30 HB 43 HB 44 HB 59 HB 75 HB 77 HB 78 HB 79 HB 80 HB 81 HB 83 HB 82 HB 85
FRIDAY, FEBRUARY 18, 1955
927
HB 86 HB 87 HB 88 HB 89 HB 90 HB 92 HB 94 HB 96 HB 97 HB 102 HB 124 HB 125 HB 130 HB 132 HB 133 HB 134 HB 135 HB 136 HB 137 HB 160 HB 163 HB 164 HB 165 HB 167 HB 181 HB 192 HB 198 HB 201 HB 212 HB 219 HB 225 HB 243 HB 245 HB 246 HB 247 HB 249 HB 256 HB 262 HB 300 HR 26-83b HR 27-83c HR 29-83e HR 30-83 HR 36-130a HR 51-193b HR 53-193d HR 59 HR 79 HR 97-332 HR 102 HR 103 HR 122 HB 12 HB 15 HB 63 HB 355
HB 229 HB 27 HB 26 HB 28 HB 31 HB 69 HB 233 HB 50 HB 140 HB 230 HB 257 HB 380 HB 381 HB 382 HR 20-47a HR 37-130b HR 86-297 HR 93-332b HR 96-332e HR 153 HR 154 HB 3 HB 4 HB 48 HB 52 HB 55 HB 56 HB 58 HB 66 HB 68 HB 71 HB 93 HB 100 HB 116 HB 122 HB 127 HB 128 HB 129 HB 131 HB 159 HB 161 HB 162 HB 176 HB 189 HB 190 HB 191 HB 193 HB 194 HB 205 HB 207 HB 208 HB 209 HB 210 HB 216 HB 217 HB 218
HB 224 HB 226 HB 228 HB 239 HB 244 HB 248 HB 250 HB 251 HB 252 HB 253 HB 254 HB 255 HB 258 HB 263 HB 264 HB 265 HB 267 HB 273 HB 287 HB 288 HB 289 HB 290 HB 291 HB 294 HB 297 HB 317 HB 318 HB 320 HB 330 HB 332 HB 336 HB 341 HB 343 HB 345 HB 347 HB 356 HB 357 HB 368 HB 369 HB 370 HB 371 HB 372 HB 373 HB 387 HB 388 HB 41 HB 385 HB 7 HB 145 HB 168 HB 281 HB 326 HB 350 HB 352 HB 362 HB 375
928
HB 390 HB 395 HB 397 HB 412 HB 459 HB 494 HB 522 HB 240 HB 404 HB 454 HB 455 HB 465 HB 99 HB 2 HB 70 HB 146 HB 170 HB 214 HB 221 HB 223 HB 234 HB 268 HB 329 HB 354 HB 418 HB 500 HB 508 HB 511 HB 517 HB 558 HR 57-197a HR 87-297g HR 160-528e HR 171-550c HR 183-577b HB 307 HB 358 HB 359 HB 414 HB 417 HB 426 HB 427 HB 449 HB 512 HB 524 HB 526 HB 527 HB 531 HB 536 HB 538 HB 556 HR 39-130d HR 132 HR 61-211b HR 188
JOURNAL OF THE HOUSE,
HB 13 HB 17 HB 46 HB 53 HB 76 HB 104 HB 109 HB 112 HB 117 HB 121 HB 142 HB 158 HB 177 HB 184 HB 188 HB 215 HB 227 HB 235 HB 280 HB 293 HB 311 HB 331 HB 340 HB 344 HB 348 HB 366 HB 379 HB 384 HB 386 HB 392 HB 398 HB 401 HB 409 HB 413 HB 421 HB 429 HB 430 HB 431 HB 433 HB 437 HB 438 HB 439 HB 441 HB 442 HB 443 HB 445 HB 447 HB 460 HB 461 HB 462 HB 463 HB 469 HB 471 HB 472 HB 475
HB 480 HB 483 HB 484 HB 488 HB 489 HB 490 HB 499 HB 504 HB 509 HB 510 HB 514 HB 515 HB 516 HB 520 HB 523 HB 525 HB 528 HB 529 HB 537 HB 541 HB 547 HB 551 HB 552 HB 559 HB 560 HB 562 HB 563 HB 564 HB 568 HB 571 HB 572 HB 576 HR 13-34a HR 21-47b HR 24-56a HR 25-83a HR 28-83d HR 32-84b HR 38-130c HR 144 HR 147 HR 186 HR 52-193c HR 60-211a HR 217 HR 218 HR 221 HR 66-235c HR 70-266a HR 73-266d HR 76-266g HR 77-266h HR 114-369h HR 78-274a HR 81-297a
FRIDAY, FEBRUARY 18, 1955
929
HR 82-297b HR 88-297h HR 89-297i HR 112-369 HR 111-369c HR 118-392b HR 120-392d HR 131-449e HR 140-495e HR 161-528f HR 169-550a HR 177-558a HB 425 HB 35 HB 47 HB 106 HB 107 HB 108 HB 110 HB 111 HB 151 HB 156 HB 260 HB 275 HB 292 HB 305 HB 324 HB 325 HB 349
HB 365 HB 367 HB 383 HB 389 HB 391 HB 403 HB 416 HB 428 HB 432 HB 434 HB 435 HB 436 HB 440 HB 444 HB 456 HB 474 HB 476 HB 477 HB 479 HB 481 HB 493 HB 496 HB 497 HB 498 HB 506 HB 507 HB 550 HB 561 HB 569
HB 570 HB 574 HB 577 HR 119-392c HR 135 HR 137-495b HR 138-495c HR 139-495d HR 170-550b HR 175 HR 190 HB 10 HB 57 HB 64 HB 148 HB 296 HB 301 HB 485 HB 544 HB 575 HR 127-449a HR 158-528c HR 172-550d HR 182-577a HR 187 HR 213 HB 478
Respectfully submitted,
Pettey of Pulaski,
Chairman.
The following Resolution of the House was read and adopted:
HR 224. By Mr. Groover of Bibb:
A Resolution providing that the House of Representatives be adjourned sine die at 6:35 o'clock, P.M., this day.
The Speaker announced the House adjourned sine die.
INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1955
Part 1-Tabular Index Part 11-House Bills and Senate Bills Part III-House Resolutions Part IV-Senate Resolutions in House
INDEX
933
HOUSE JOURNAL
Part
TABULAR INDEX
FEDERAL CONSTITUTION.
HR 135-Amendment; memorial to Congress;
a resolution ~. ~~~~ ~ ~ ~~~~~~~~~~
~ ~~~ ..469, 572, 577, 591, 782
HR 175-Bricker Amendment; support of; a resolution ~~~~ ~~~ ~ ~~~ ~~ 592, 782
HR 36-130a-Separation of races in Federal armed forces;
a proposed amendment to Federal Constitution;
a resolution ~~~~~~~~~~-~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~121, 176, 183, 208
HR 108---State School Systems; proposed amendment to Federal
Constitution; a resolution ~ ~~~~~~~~~~~~~~~ ~~~ .~~~~~~ ~~~~ ~~~~~~~~~~ ~~~~~~~339, 396
PROPOSED AMENDMENTS TO STATE CONSTITUTION
HR 28-83d-Ashburn; tax for promotion
of industries ~~~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~ ~ ~ -~ ~ . 105, 248, 258, 615, 865
HR 24-56a-Atkinson County; refunding
bonds ~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~~. ~ -~-101, 334, 341, 348, 637, 865
HR 21-47b-Bibb County; police civil service
system ~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ....... 96, 526, 532, 598, 864
SR 20-Calhoun County Board of Education~~~~~~~~.345, 355, 526, 536, 639
HR 70-266a-Chatham County; streets, sidewalks,
etc. ~~~~~~~~~~ ~~~~~~~~ ~~~~ ~~~~~~~~~~~~~~~~~~~~~~~ 224, 341, 349, 627, 865, 902
HR 78-274a-Dougherty County; fire protection~~~~~~ 226, 341, 349, 631, 866
SR 23-Douglas County Board of Education ~
345, 355, 396, 404
HR 61-211b-Effingham County Board of
Education ~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~
~~ 189, 341, 348, 620, 865
SR 8-General Assembly, carry-over of
pending business ~~~~~ ~~~~~~~~~~~~~~~~~~ ~~~~ . ~~ ~~~~~~ 345, 355, 396, 404, 842
HR 13-34a--.Judges Emeritus (Supreme Court, Court of Appeals,
Superior Courts); powers and duties ~~~~~~~ 90, 248, 258, 463, 864
HR 66-235c-McDuffie County Board of Education .. 205, 341, 348, 623, 865
HR 77-266h-Muscogee County; homestead
exemption ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~
~ .225, 341, 349, 629, 865
HR 57-197a-Payment for first commercial
oil well ~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ ~~ ~ . 174, 237, 248, 716, 865
HR 82-297h-Richmond County; construction
of streets ~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~ ~~~~..245, 341, 349, 634, 866
HR 32-84b-Wheeler County Board of Education~~~ 106, 341, 348, 617, 865
CODE SECTIONS.
(See SB
Banks, Insurance, Criminal Laws, Taxation; Escapes, Prisoners, Hunting and Fishing; Motor Vehicles)
53-4-410-Adding-Agents' liability to third
parties ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~_404, 422, 738, 743, 901
934
INDEX
HB 10-9-201-Amending-Admission to bar by comity -------------------------------------------------- ______________ 87, 283, 286, 358, 659
SB 24-13-904-Amending-Applications for bank charter ____________________________________________________ 252, 264, 342, 349, 805
SB 23-13-2013-Amending-Bank loans _____ 252, 264, 342, 349, 642, 805 SB 22-13-2048-Amending-Bank deposits of
deceased persons ---------------------------------------------252, 264, 342, 349, 805 HB 12-21-105-Amending-Coroner's compensation in
counties of 15,200 to 15,900 _____________________________87, 344, 347, 376, 682
HB 444-21-105-Amending-Coroner's compensation in counties of 120,000 to 145,000 ____________________________________439, 480, 496, 545, 816
HB 168-23-1301-Amending-Audit of county affairs in counties of 120,000 to 145,000 ______________________143, 537, 655, 690, 912
SB 52-24-2115-Adding-Service by
publication ------------------------
_________________367, 377, 527, 532, 850
HB 12-24-2204-Amending-City court judges may preside in municipal court in cities of 350,000 _______________87, 344, 347, 376, 682
HB 122-24-2715-Amending-Records of property instruments in counties of 55,000 to 62,000 __________________________120, 249, 254, 289, 682
HB 275-24-2727-Amending-Fees of clerks of superior
courts ----------------------------------------------------------------241, 398, 401, 468, 781 HB 121-24-2823-Amending-Fees of
sheriffs ____________________________________________________120, 227, 213, 507, 870, 883
SB 114-26-4507, 26-4508-Amending-Escapes _____________ 740, 748, 784, 850
SB 114-26-4509-Repealing-Escapes __________
740, 748, 784, 850
HB 117-27-2705-Amending-Revocation and modification of
probation sentences
_______________________119, 176, 179, 217, 531, 824
HB 107-31-110-Amending-Dower, how barred ________________________________________________________118, 153, 389, 527, 594, 818
HB 325-32-908-Amending-Meetings of county boards
of education _________ _
___________________________________ 279, 442, 560, 819
HB 92-34-2601-Amending-Election of county
officers ------------------------------------------------------------- 107, 123, 127, 152, 253
HB 64-Ch. 34-33-Amending-Absentee
voting
__ _ _________ _______________________102, 251, 254, 328, 449, 831
SB 19-34-3301 - 34-3305, 34-3307-Amending-
Absentee voting ------------------------------------------------147, 156, 252, 260, 805
HB 449-35-236, 35-237-Amending-Patients at Milledgeville State
Hospital, trial for restoration and release ___440, 498, 530, 773, 913
HB 104-36-605-Amending-Assessors'
costs __________________________________ 117, 228, 231, 331, 356, 424, 870, 896
HB 281-38-1201-Amending-Discovery at law_____ 242, 282, 287, 646, 912
HB 404-38-1501-Amending-Witness
fees ------------------- 393, 484, 492, 551, 813, 831, 847, 853, 1855, 868
HB 111-39-701-Amending-Lien of
judgments ______ ----------------------
_____118, 153, 398, 400, 468, 819
HB 461-40-1901-Amending-Eligibility of Supervisor of Purchases
for elective and appointive offices ______________472, 527, 535, 725, 913
SB 88-44-303-Repealing-Return of fugitives from justice __ ____________________________________________657, 668, 681, 690, 878
HB 219-45-122-Amending-Resident hunting and
fishing licenses
___________________________ 202, 227, 231, 268, 368
HB 219-45-206-Amending-Resident hunting and
fishing licenses ----------------------------------------------- 202, 227, 231, 268, 368
SB 56--54-622-Amending-Employment security contribution rates ____________________________________________ 345, 354, 482, 497, 838
INDEX
935
SB 86-56-207-Amending-Capital stock of insurance companies ------------------------------------- 574, 590, 736, 745, 855
SB 99-56-224-Amending-Authorized investments of insurance companies ________________________________________ 740, 748, 823, 861, 900
HB 116-59-106-Amending-Revision of jury lists ---------------------------------------------------------119, 146, 149, 216, 362, 531
HB 129-59-120-Amending-Compensation of jurors and bailiffs in counties of 100,000 to 110,000 ____________121, 206, 249, 254, 290, 683
HB 9-59-315-Amending-Grand jury inspection of public buildings and property _____________________________________87, 124, 125, 158, 368
HB 100-59-719-Amending-Segregation of jurors as to age and sex ____________ ------------------------------------------117, 176, 178, 198, 531
HB 71-62-401 - 62-406-Repealing-Fences and enclosures --------------------------------------------------------103, 228, 231, 325, 576
HB 326-68-205-Amending-Registration of motor vehicles ----------------------------------------------------279, 398, 402, 444, 770, 912
SB 106-68-405-Amending-Load limits of vehicles --------------------------------------------------------------658, 669, 680, 689, 848
HB 148-84-102-Amending-State Board of Funeral Services ____________________________________________140, 282, 286, 381, 739
SB 107-Ch. 84-3-Amending-Registration and licensing of architects __________________688, 702, 738, 743, 858, 878, 922
HB 504-84-713-Amending-Compensation of member of Board of Dental Examiners ______________________________________520, 569, 579, 730, 863
HB 194-Ch. 88-8-Repealing-Explosives ______173, 207, 211, 273, 390, 659
HB 136-92-233-Amending-Homestead exemption ---------------------------------------------------------123, 145, 149, 197, 346
HB 221-92-1407-Amending-Refunds, motor fuel tax ______________________________________________________________202, 372, 372, 729, 862
HB 99-92-2406-Amending-Taxation of banks and banking associations -----------------------------117, 383, 480, 752, 853, 854
HB 240-92-2902-Amending-Motor bus license
fees --------------------------------------------------------------------220, 354, 372, 512, 739 HB 416-92-3109-Amending-Income tax ________________396, 485, 493, 548, 819
HB 69-92-3210-Amending-Income tax returns --------------------------------------------------------------103, 215, 229, 231, 266
HB 69-92-3301-Amending-Income tax payments ____________________________________________________103, 215, 229, 231, 266
SB 34-92-4101 - 92-4104-Amending-Provisions not applicable to City of Atlanta and City of Savannah _______367, 377, 529, 532, 589
HB 110-110-1001-Amending-Dormancy of judgments ------------------------------------------------118, 154, 398, 400, 594, 818
HB 41-113-607-Amending-Wills, probate in solemn form ------------------------------------------------------------95, 175, 177, 195, 449, 454
SB 43-114-404- 114-406, 114-413, 114-501-AmendingWorkmen's compensation ____________________445, 453, 498, 528, 547, 660
COURTS.
SUPREME COURTS.
HR 13-34a--Justices Emeritus; powers and duties-proposed amendment to the Constitution ______________________90, 248, 258, 463, 864
936
INDEX
COURT OF APPEALS.
HR 13-34a-Judges Emeritus; powers and duties; proposed amendment to the Constitution ______________________90, 248, 258, 463, 864
SUPERIOR COURTS.
(For salaries of clerks see name of county).
HB 96-Compensation of judges; Act of 1953 amended _____________________________________________ 107, 145, 149, 216, 405
HB 181-Judge Emeritus Act amended _____________170, 228, 232, 238, 325, 447 HB 368-Atlanta Judicial Circuit;assistant
solicitors-general ----------------------------------------------339, 370, 375, 419, 686 HB 413-Brunswick Judicial Circuit; solicitor-
general's salary ______ --------------------------------------------------------------------------HB 159-Lookout Judicial Circuit ________________________________141, 283, 286, 315, 659 HB 159-Chattooga; terms __________________ ______________________141, 283, 286, 315, 659 HB 135-Cobb Judicial Circuit; solicitor-
general's salary _________ ----------------------------- _____122, 207, 210, 236, 405 HB 262-Cordele Judicial Circuit; reporter's
compensation ----------------------------------------------------223, 283, 287, 315, 448 SB 47-Piedmont Judicial Circuit;solicitor-general's
compensation ______ --------------------------------------------208, 215, 498, 527, 590 HB 428-Tallapoosa Judicial Circuit; assistant
solicitor-general _____________________________________________.437, 538, 572, 663, 815 HB 381-Washington; terms _____________________________________364, 397, 403, 450, 781 SB 105-Waycross Judicial Circuit; solicitor-general's
salary ----------------------------------------------------------------658, 669, 738, 743, 790 HB 506-Waycross Judicial Circuit; solicitor-general's
salary ----------------------------------------------------------------521, 568, 579, 664, 818
CITY COURTS.
HB 12-Judges may preside in municipal court of cities of more
than 350,000; Code 24-2204 amended ____________87, 344, 347, 376, 682
HB 235-Albany; Judge's salary ____________________ 204, 250, 257, 296, 783, 829
HB 225-Brunswick; compensation of solicitor, clerk, sheriff, and deputies _____________ ________________________________203, 250, 256, 295, 447
HB 43-Camilla; solicitor's salary __________ .---------------------- _____ 95, 175, 191, 306 HB 443-Clarke County; terms __________________________.439, 484, 496, 545, 816
HB 245-Columbus; practice and procedure rules ____221, 250, 258, 297, 447 HB 387-Eastman; judge's salary ____________________________ 365, 397, 403, 451, 687
HB 256-Elberton; judge and solicitor (election, terms, fees) ____________________________________________________222, 250, 259, 300, 448
HB 474-Floyd County; consolidating Act ________________440, 480, 496, 546, 816
HB 300-Griffin; contingent expense allowances of
judge and solicitor __ _
__ _____ _____ ________ ____ 246, 287, 316, 448
HB 489-Gwinnett County; practice and procedure, salary of
judge and of solicitor
____ 477, 529, 534, 587, 914
HB 47-Hall County; clerk's compensation ______ 96, 145, 148, 181, 782, 828
SB 21-Hall County; salary of judge and of solicitor __ _________________ ______________
156, 810, 821, 868
HB 26-Hinesville; solicitor's compensation; fees, fines, forfeitures, etc. _________________________ 89, 108, 111, 128, 682
HB 293-LaGrange; judge's salary --------------------------- 244, 312, 313, 352, 684
INDEX
937
HB 294-LaGrange; solicitor's salary ------------------------244, 369, 373, 417, 684 HB 157-Valdosta; judge's salary ______________________________141, 177, 179, 194, 309
CIVIL COURTS.
HB 498-Bibb County; consolidating Act ________479, 529, 535, 589, 820, 845 HB 16-Fulton; judges' and solicitors' retirement
system amended ________________________________________________88, 108, 110, 150, 284 HB 329-Fulton; judges' salaries ----------------------------------------279, 313, 353, 813
COUNTY COURTS.
HB 32-Echols; fees, costs, etc., certiorari, jurisdiction, terms, judge's salary, clerk ________________________________90, 145, 148, 180, 285, 323
CRIMINAL COURTS.
HB 16-Fulton County; judges' and solicitors' retirement system amended ------------------------------------------------88, 108, 110, 150, 284
JUVENILE COURTS.
HB 437--Judge's salary in counties of 400,000
or more ______________
_____________________________________438, 480, 495, 544, 816
HB 16-Fulton; judges' and solicitors' retirement
system amended ------------------------------------------------88, 108, 110, 150, 284
MUNICIPAL COURTS.
HB 318-Augusta; judge, sheriff, clerk
and deputies _____
--------------------- ______________ 278, 312, 313, 352, 685
HB 250-Columbus; compensation of deputy marshals __________________________________________________________222, 249, 258, 298, 489
HB 320-Savannah; sheriff and deputies, service, peace and good
behavior warrants ------------------------------------------278, 312, 313, 353, 685
AUTHORITIES.
HB 572-Cherokee County Water Authority ____________ 677, 734, 742, 788, 917
HB 390-Clayton County Water Authority ________________365, 483, 492, 540, 912
HB 544-East Point Parking Authority ____________________ 566, 655, 662, 795, 916
HB 176-Farmers Market Authority Act _________________ 169, 206, 210, 357, 531
HB 354-Hospital Authorities Act amended ______________ 337, 399, 402, 557, 863
SB 44-Ports Authority Act amended ----------------------- ______174, 183, 211, 270 HB 198-Rural Roads Authority Act ________________187, 208, 211, 239, 405, 423
SB 62-Savannah District Authority ------------------ 345, 355, 370, 376, 416
HB 350-State Office Building Authority; Confederate Soldiers'
Home property, bond limit
__________________ 311, 444, 444, 510, 912
HB 68-Turnpike Authority Act repealed ____________103, 177, 177, 191, 576
HB 476-Waycross and Ware County Development
Authority ---------------------------------~-----------------------.475, 526, 533, 585, 817
COUNTIES AND COUNTY MATTERS-NAMED COUNTIES.
HB 124-Appling; commissioners
-------- 120, 145, 149, 182, 446
938
INDEX
HR 24-56a-Atkinson; refunding bonds; proposed amendment to the Constitution ________________________________ 101, 334, 341, 348, 637, 865
SB 36--Baldwin; commissioners (election, terms,
vacancies)
----------------------- _______________________284, 569, 578, 666, 739
HB 568-Banks; commissioners (members, election, salaries) __ --------------------- _______________________________677, 734, 742, 787, 917
HB 475-Barrow; commissioners (election, expenditures, compensation, clerk) _____________________________475, 526, 533, 585, 820, 839
HB 190-Bartow; ordinary's compensation _________171, 249, 255, 292, 576 HB 508--Bibb legislative powers _________ _________________521, 569, 579, 664, 914
HR 21-47b-Bibb; police civil service system; proposed amendment to the Constitution ____________________________________________96, 526, 532, 598, 864
HB 547-Brooks; commissioners' compensation ________566, 655, 662, 698, 916
HB 24-Burke; tax commissioner's compensation ____________89, 174, 177, 191
SR 20-Calhoun; board of education; proposed amendment to the Constitution ________________________________________345, 355, 526, 536, 639
HB 541-Candler; salary of commissioners' clerk ____565, 655, 662, 698, 916
HB 439-Carroll; tax commissioner's clerical assistants ________________________________________________439, 480, 495, 544, 813, 841
HB 538--Catoosa; commissioner's compensation______565, 655, 662, 698, 916
HB 536--Catoosa; tax commissioner's compensation _______________ ___________________________565, 655, 662, 697, 916
HR 70-266a-Chatham; streets, sidewalks, etc.; proposed amendment to the Constitution ________________________________224, 341, 349, 627, 865, 902
HB 102-Chatham; tax commissioner ___________________ ______117, 175, 178, 308
HB 355-Chattooga; commissioners (purchases and control
of property) ____
__________________337, 368, 375, 419, 577, 647
HB 572-Cherokee County Water Authority ___________ 677, 734, 742, 788, 917 HB 471-Clarke County School District ______________________474, 529, 533, 584, 817 HB 160-Clayton; commissioners ________________________________142, 206, 210, 236, 447 HB 164-Clayton; coroner's salary ____________________142, 206, 210, 236, 405, 552
HB 390-Clayton County Water Authority ______________365, 483, 492, 540, 912
HB 193-Cobb; deputy commissioner; recall of
commiSSIOners -------------------------------------------------172, 248, 255, 293, 683 HB 254-Cobb; fire prevention districts __________________222, 249, 259, 300, 683 HB 253-Cobb; sewage districts __________________________________222, 249, 259, 299, 683
HB 131-Cobb; treasurer's compensation __________________122, 248, 255, 290, 683
HB 493-Coffee; school superintendent's term ________477, 526, 534, 588, 818
HB 127-Crawford; treasurer's compensation __________121, 249, 254, 289, 575
HB 158--DeKalb; advisory referendum election ____________________________________________141, 227, 232, 262, 490, 547, 783
HB 478--Dougherty; commissioners' meetings __________475, 526, 533, 585, 817 HB 35-Dougherty; compensation of sheriff, clerk of superior
court and ordinary _
------------------------------------91, 144, 148, 181
HB 273-Dougherty; compensation of tax commissioner
and assistants __________________
___________________226, 249, 260, 301, 684
HR 78-274a-Dougherty; fire protection; proposed amendment
to the Constitution ----------------------------------------- 226, 341, 349, 631, 866
SB 23-Douglas; board of education; proposed amendment to the Constitution ________________________________252, 264, 342, 349, 642, 805
SB 108-Douglas; commissioners (meetings, chairman, compensation and expenses) ________________________658, 669, 679, 689, 746
HB 33-Echols; commissioners (qualifications, clerk, county attorney, superintendent of roads, funds) ____________________90, 145, 148, 180, 284
HB 34-Echols; County Board of Education;
purchases ------------------------------------------------------------90, 145, 148, 180, 285
INDEX
939
HR 61-211b-Effingham, board of education; proposed amendment to the Constitution -------------------------------------- ___189, 341, 348, 620, 865
SB 77-Evans commissioners (vacancies, expenditures, purchases) ________________________________________________________574, 590, 679, 689, 746
HB 388--Evans; tax commissioner's salary ______________365, 397, 404, 451, 687 HB 552-Floyd; tax commissioner ______________________________653, 679, 689, 746, 916 HB 292-Floyd; zoning __________________________________________________244, 312, 313, 351, 684 HB 191-Fulton; attorney's salary ______________________________172, 248, 255, 292, 576 HB 85-Fulton; civil service board ____________________________106, 123, 126, 151, 285 HB 86-Fulton; fire prevention system ____________________106, 123, 126, 151, 285
HB 88-Fulton garbage disposal in unincorporated areas _________________________________________________________________ 106, 123, 126, 151, 285
HB 94---Fulton; group insurance for employees______107, 123, 127, 153, 285 HB 16-Fulton; Judges' and solicitors' retirement
system amended ________________________________________________88, 108, 110, 150, 284
HB 90-Fulton; park and recreation areas ____107, 123, 126, 152, 308, 324 HB 344---Fulton; pension system ________________________310, 368, 374, 418, 82!>, 845 HB 89-Fulton; tax returns, Atlanta and Fulton County;
Act of 1951 amended ______________________________________106, 123, 126, 152, 285
HB 438--Fulton; teachers' retirement system ______________________________________________________439, 480, 495, 544, 869, 891
HB 189-Gordon; sheriff's salary ______________________________171, 369, 372, 417, 576
HB 488-Gwinnett; commissioners' compensation ____476, 526, 534, 587, 914
HB 484---Gwinnett; zoning _______________________
___476, 526, 534, 587, 914
HB 47-Hall; compensation of sheriff, clerk of superior court, clerk
of city court and ordinary ____________________96, 145, 148, 181, 282, 828
HB 77-Hall; Gainesville and Hall County planning commission ______________________________________104, 176, 178, 191, 307
HB 130-Hall; recall of commissioners ______________________121, 227, 231, 261, 446 HB 46-Hall; tax commissioner __________________________ 96, 145, 148, 181, 782, 827 HB 510-Henry County Board of Education; financial statements
and reports --------------------------------------------------------521, 569, 579, 664, 915 HB 291-Houston; commissioners' compensation______244, 312, 313, 351, 684
SB 117-Irwin; commissioners ----------------------------------------------------------------740, 748 SR 31--Johnson; land conveyance to, authorized;
a resolution ______________________________________________________446, 453, 571, 577, 837
HB 215-Lee; treasurer's salary ________________________201, 312, 313, 350, 577, 825
HB 28--Liberty; compensation of clerk of superior court and of sheriff ____________________________________________90, 249, 254, 288, 577, 646
HB 31-Liberty; ordinary's compensation ________________ 90, 249, 254, 289, 575
HB 27-Liberty; tax commissioner --------------------------- 89, 248, 254, 288, 575 HB 514---Long; commissioner's compensation __________522, 569, 580, 665, 915
HB 483-Lowndes; commissioners (compensation and expenses); county administrator ______________________________________476, 526, 534, 586, 863
HB 469-Lumpkin; commissioner ________________________________474, 529, 533, 583, 817
HR 66-235c-McDuffie; board of education; proposed amendment
to the Constitution ----------------------------------------- 205, 341, 348, 623, 865 HB 233-McDuffie; commissioners ____________________________204, 249, 257, 296, 576
HB 83-Madison; tax commissioner's compensation ____________________________________________________104, 175, 178, 192, 446
HB 485-Meriwether; treasurer's salary ___________________476, 526, 534, 587, 817 HB 81-Miller; commissioners (election, meetings, compensation,
purchases) ----------------------------------------------------------104, 145, 149, 182, 307 HB 75-Miller; voting machines -------------------------- _____103, 145, 148, 181, 306 HB 472-Mitchell; commissioners' compensation ___ _474, 526, 533, 584, 914
940
INDEX
HB 247-Muscogee; commissioners (quorum, warrants,
checks, etc.) ------------------------------------------------------221, 249, 258, 298, 447 HR 77-266h-Muscogee; homestead exemption; proposed amendment
to the Constitution -----------------------------------------225, 341, 349, 629, 865 HB 249-Muscogee; pension system ____________________________221, 249, 258, 298, 448 HB 243-Muscogee; sewerage system __________________________221, 249, 257, 297, 447 HB 246-Muscogee; street improvements __________________ 221, 249, 258, 297, 447 HB 569-Newton; commissioner's salary __________677, 734, 742, 787, 869, 892 HB 570-Newton; treasurer's salary ________________677, 734, 742, 787, 870, 892
HB 507-Pierce; commissioners (compensation and
expenses) ----------------------------------------------------------521, 569, 579, 664, 818 SB 115-Pierce; commissioners (compensation and
expenses, clerk) ----------------------------------------------658, 670, 679, 689, 795
HB 524-Pike; salary of commissioners' clerk __________523, 569, 580, 666, 915
SB 122-Putnam; commissioners
______________________________________________740, 748
HB 330-Richmond; county physician (Tenure
Act amended) --------------------------------------------------280, 312, 315, 353, 685 HB 161-Richmond; department of
health ______________________________________________142, 249, 250, 290, 322, 407, 683
HR 82-297b-Richmond; construction of streets; proposed amendment to the Constitution _________________245, 341, 349, 634, 866
HB 556-Richmond County Board of Education;
compensation of members ------------------------------654, 679, 689, 746, 916 HB 454-Rockdale; commissioner's salary ________________471, 526, 535, 583, 913 HB 455-Rockdale; compensation of sheriff, ordinary, clerk of superior
court, and deputies ___.472, 526, 535, 583, 869, 882, 885, 886, 900 HB 22-Screven; ordinary's compensation _____ 89, 128, 175, 177, 191, 284
HB 365-Spalding; Griffin-Spalding County Board of Education (elections) __________________________________ 338, 369, 375, 420, 781
HB 369-Taliaferro; compensation of chairman of
commissioners --------------------------------------------------339, 368, 375, 421, 686
HR 112-369f-Taliaferro County Board of Education; grant of easement to, ratified; a resolution ______________________340, 443, 445, 731, 747, 919
HB 267-Telfair; salary of commissioner's clerk __________________________________________________________________ 225, 312, 313, 350, 575
HB 25-Troup; compensation of clerk of superior court, sheriff, ordinary and tax commissioner and of their deputies
and assistants ---------------------------------------------------89, 145, 147, 180, 284 HB 560-Walton ; commissioners (purchases,
contracts) ----------------------------------------------------------676, 735, 741, 785, 917 HB 476-Ware; Waycross and Ware County Development
Authority ________________________________________________________475, 526, 533, 585, 817
SB 63-Warren; commissioner's clerk ____________________446, 453, 480, 497, 546 HB 382-Washington; commissioners'
compensation ----------------------------------------------------364, 397, 403, 450, 814
HB 380-Washington; county council --------------------------364, 397, 403, 450, 814 HB 257-Washington; tax commissioner _________________222, 312, 313, 350, 684
HB 301-Wayne; compensation of sheriff, ordinary, clerk of superior court and of tax commissioner ______________________246, 312, 313, 352, 575
HR 32-84b-Wheeler County Board of Education; proposed amendment to the Constitution ____________________106, 341, 348, 617, 685
HB 575-White; commissioner (salary of chairman
and of clerk) ____ -------------------------------------678, 734, 742, 788, 870, 893 HB 207-Whitfield; commissioner (candidacy) _____ 188, 227, 233, 262, 576 HB 210-Whitfield; tax commissioner ________________________188, 227, 233, 262, 576 HB 288-Wilcox; commissioners' compensation ______243, 312, 313, 351, 575
INDEX
941
COUNTIES AND COUNTY MATTERS-BY POPULATION.
HB 168-Audit of county affairs in counties of 120,000 to 145,000; Code 23-1301 amended ________________143, 537, 655, 690, 912
HB 436-Budgets in counties of 200,000 or more______438, 480, 495, 544, 816 SB 111-City-county board of tax assessors in counties of
300,000 or more ----------------------- ___________________________ 702, 809, 871, 922 SB 5-Commissioners of tax collectors and commissioners in counties
of more than 300,000 ____________________________________________ 284, 369, 376, 407
HB 129-Compensation of jurors and bailiffs in counties of 100,000 to 110,000; Code 59-120 amended ________121, 206, 249, 254, 290, 683
HB 297-Compensation of ordinary's deputies and employees in counties of 100,000 to 110,000 _____________________ 244, 312, 313, 352, 684
HB 212-Coroner's compensation in counties of 15,200 to 15,900; Code 21-105 amended ------------------------~--189, 250, 256, 293, 447, 847
HB 444-Coroner's compensation in counties of 120,000 to 145,000; Code 21-105 amended ____________________439, 480, 496, 545, 816
HB 4-Election hours in counties of 12,160 to 12,190 _____ -------------------------------------------- ___________74, 249, 254, 288, 682
HB 125-Election hours in counties of 22,600
to 23,300 -----------------------------------------------------------120, 206, 210, 235, 446 HB 496-Heating and air-conditioning regulations in
counties of 135,000 to 150,000 ______________________478, 526, 535, 589, 818 HB 437-Juvenile court judge's salary in counties of
400,000 or more ________________________________ ----~-----_438, 480, 495, 544, 816
HB 167-Limited access highways in counties having wholly or partly within their borders city of 300,000 or more ________________________________________________143, 227, 232, 262, 447
HB 481-Local government improvement commission in counties of 300,000 or more __________________________475, 529, 534, 586, 817
HB 447-Microfilm records of ordinary in counties of not less than 62,000 _______________________________________440, 480, 496, 546, 816
HB 515-Payments of debts in counties of 4,500
to 4,525 --------------------------------------------------------------522, 569, 580, 665, 915 HB !56-Photographic recording in counties of not
less than 31,000 ______________________________________________141, 228, 232, 261, 781
HB 527-Plumbing regulations in counties of 60,000 to 62,000 ---------------------------------------- _______524, 569, 580, 666, 915
HB 497-Plumbing regulations in counties of 135,000 to 150,000 __________________________________________479, 526, 535, 589, 818
HB 122-Records of property instruments in counties of 55,000 to 62,000; Code 24-2715 amended ________________120, 249, 254, 289, 682
HB 343-Salary of clerk of superior court in certain counties (Ga. Laws 1924, pp. 87-89 amended) ________310, 368, 374, 418, 685
HB 366-Salaries of certain officers in certain counties (Act of 1950) ---------------------------------------- 338, 368, 375, 687, 824
HB 11-Superior court reporters; compensation in counties of more than 450,000 _____________________________________87, 108, 110, 127, 284
HB 87-Supplement of board of education funds in counties of 300,000 or over; Act of 1951 repealed ________106, 123, 126, 151, 285
HB 287-Tax collector's commissions in counties of 9,950 to 9,800 ____________________________________________ 243, 312, 313, 351, 684
HB 224-Tax receiver's compensation in counties of 6,050 to 6,300 _____________________________________________ 203, 249, 256, 294, 576
HB 426-Tax receiver's deputies and assistants, salaries in counties of 100,000 to 110,000 ----~---------------_437, 480, 494, 541, 913
942
INDEX
HB 980-Treasurer's salary in counties of 100,000 to 110,000 ____________________________________________475, 526, 534, 586, 863
HB 500-Unopposed candidates in counties of 100,000 to 150,000 ____________________________________________479, 526, 536, 589, 863
HB 93-Voting machines; rental in certain counties (Act of 1946) __________________________________________________107, 123, 127, 152, 488
HB 445-Zoning in counties of 108,000 to 112,000____440, 480, 496, 546, 863
MUNICIPAL CORPORATIONS-NAMED CITIES.
HB 263-Abbeville; charter ----------------------------------223, 250, 259, 300, 490, 591 HB 44-Adel; corporate limits extended ____________________95, 108, 111, 129, 231
HB 290-Albany; officers and employees (appointment, dismissal, etc.) ________________________________________________ 244, 282, 287, 316, 684
HB 53-Alma; planning commission ________________________100, 249, 254, 289, 682
HB 494-Ambrose; charter ----------------------------------477, 570, 578, 664, 813, 834 HB 123-Americus; charter amendments (utility commission,
employees, elections, ad valorem tax) ________________120, 176, 179, 308
HR 28-83d-Ashburn; tax for promotion of industries; proposed amendment to the Constitution ____________________105, 248, 258, 615, 865
HB 441-Athens; corporate limits ______________________________439, 484, 496, 545, 816 HB 434-Athens; sale of school lands ________________________438, 484, 495, 543, 815 HB 442-Athens; street closing authorized ________________439, 484, 496, 545, 816 HB 17-Atlanta; ad valorem tax ________________________ 88, 125, 125, 150, 869, 889
SB 16-Atlanta; close of schools on election days, James L. Key Golf Course, pensions ___________________________________ 200, 214, 251, 260, 304
SB 34-Atlanta; Code 92-4101-91-4202 amended (not applicable to City of Atlanta) ___________________367, 377, 529, 532, 589
HB 13-Atlanta; deputy planning engineer, group
life insurance, surplus waterworks property, eminent domain, salaries _______________________ 87, 483, 490, 539, 904, 906
HB 348-Atlanta; education tax, school bonds, loans _________________________________ 311, 369, 374, 418, 687, 869, 889
SB 59-Atlanta; landing fields, building official, dangerous buildings ________________________________________ 322, 822, 861, 872, 921
SB 110-Atlanta; parks tax -----------------------------658, 670, 823, 861, 871, 922
HB 89-Atlanta; tax returns, Atlanta and Fulton County;
Act of 1951 amended
_________________________106, 123, 126, 152, 285
HB 14-Atlanta; uniforms in police and fire departments, building permits, election managers, sewer assessments, purchases,
bureau of weights and measures,
acting mayor ____________________ -------------------------------- 88, 125, 125, 150, 230 HB 78--Augusta; city attorney ________________________________104, 176, 178, 192, 307 HB 432-Augusta; corporate limits ___________________________438, 484, 495, 543, 815 HB SO-Augusta; health board _________________________________ 104, 176, 178, 192, 307
HB 79-Augusta; mayor and council; elections _____ 104, 176, 178, 192, 307 HB 562-Augusta; pension system _____________________________676, 737, 741, 785, 917 HB 443-Augusta; sidewalk assessments __________________439, 484, 496, 545, 816 HB 385-Austell; corporate limits ______________________________ 365, 484, 491, 540, 814 HB 409-Bowman; elections, tax assessors ________________394, 484, 493, 541, 814
HR 177-288a-Brunswick; sale of State buildings to; a resolution ______________________________________________________654, 681, 689, 777, 921
HB 18-Brunswick; streets, pension system ____________88, 108, 110, 128, 230 HB 226-Cadwell; corporate limits ___________________________ 203, 250, 257, 295, 488
HB 296-Cairo; mayor's term ------------------------------------- 244, 282, 287, 316, 489 HB 389-Cairo; streets, roads and alleys __________________365, 483, 492, 540, 814
INDEX
943
HB 192--Calhoun; mayor and council, elections,
salaries, pensions --------------------------------------------------172, 190, 213, 346 HB 571-Canton; zoning _______________________________________________677, 736, 742, 788, 917
HB 50-Carlton; charter ____________________96, 108, 111, 129, 227, 308, 323, 455
HB 3-Carnesville; streets, sidewalks, etc. ____________74, 108, 110, 127, 487
HB 559-Chickamauga; terms of mayor and
council --------------------------------------------------- __________676, 736, 741, 785, 917 SB 92-College Park; corporate limits ___________________657, 669, 737, 744, 790
HB 391-College Park; corporate limits ____________________366, 484, 492, 540, 814
HB 248-Columbus; conveyance of part of Front Avenue authorized _________________________________________ 221, 250, 258, 298, 488
SB 112-College Park; divide into 4 wards ____________________ 658, 670, 737, 743
HB 252-Columbus, pension system _---------------------------- ______ 222, 259, 299, 489 HB 574-Commerce; corporation tax __________________________678, 736, 742, 788, 918
HB 417-Conyers; registration of voters ____________________ 396, 484, 493, 541, 815
HB 456-Dalton; board of water, light and sinking fund commissioners ________________________________________472, 529, 535, 583, 817
HB 208-Decatur; pension system ______________________________188, 250, 256, 293, 488
HB 209-Decatur; pension system ______________________________188, 250, 256, 293, 488
HB 165-Doraville; chairman of city commission ______________142, 190, 213, 346 HB 227-Dublin; utility systems ______________________203, 250, 257, 295, 869, 890
SB 73-Dublin; water, light and gas commiSion ______________________________________656, 668, 748, 780, 791, 871, 890
HB 525-Dudley; tax rate ____________________________________________523, 655, 661, 696, 915
HB 526-East Dublin; compensation of mayor and councilmen ________________________________________________524, 655, 661, 697, 915
HB 509-East Ellijay; utilities ____________________________________521, 655, 660, 695, 864
HB 84-East Thomaston; corporate limits ______________105, 176, 178, 193, 308
HB 430-Eastman; elections, city manager, purchases _____________________ _______________
_____437, 484, 495, 542, 863
HB 529-Ellijay; water, light and gas systems ________________525, 655, 662, 864
HB 77-Gainesville; Gainesville and Hall County planning commission ______________________________________104, 176, 178, 191, 307
HB 477-Gainesville; retirement system ____________________475, 529, 533, 585, 817
SB 48-Garden City; corporate limits ____________________230, 239, 251, 261, 321
SB 30-Garden City; election of mayor and councilmen, registration of __________________________________________________200, 214, 251, 260, 321
HB 218-Gordon; licensing of motor vihcles ___________ 202, 250, 256, 294, 488
HB 365-Griffin; Griffin-Spalding County Board of Education (elections) ___________________________________ 338, 369, 375, 420, 781
HB 561-Griffin; salary of commissioners ________________676, 736, 741, 785, 917
HB 550-Griffin; street closing authorized ______________567, 655, 663, 699, 904
HB 523-Hapeville; mayor and councilmen (election,
terms, etc.) ------------------------------------------------------523, 655, 661, 696, 915 HB 429-Hartwell; recorder's court ____________________________437, 484, 494, 542, 815
HR 86-297f-Hazlehurst; land conveyance to, authorized, a resolution ________________________________245, 312, 315, 428, 576
HB 29-Hinesville; corporate limits __________________________90, 108, 111, 129, 230
HB 76-Jacksonville; charter ----------------------------------------------103, 190, 212, 488 HB 340--Jenkinsburg; charter ____________________________________310, 370, 373, 417, 685
HB 537--Jesup; board of commissioners, city manager, purchases, audits, recorder, tax assessors ____________________565, 655, 662, 698, 864
HB 383--Jesup; recorder, registrars, purchases, franchises ________________________________________________________ 364, 484, 491, 539, 739
HB 255-LaFayette; registration of voters _____________222, 250, 259, 300, 489 HB 345-Lawrenceville; corporate limits __________________311, 369, 374, 418, 686
944
INDEX
HB 347-Lawrenceville; salaries of mayor and
councilmen ----------------------------------------------------------------311, 369, 374, 420 HB 357-Lawrenceville; slum clearance ____________________337, 369, 375, 422, 686 HB 216--Leesburg; street closing authorized ____________201, 250, 256, 294, 683 HB 341-Lilburn; charter _________________________ 310, 370, 374, 417, 432, 451, 685 HB 431-McCaysville; salaries, audits ______________________438, 484, 495, 542, 815
HB 512-McDonough; candidacy for mayor
or councilman --------------------------------------------------522, 655, 661, 695, 864 HB 372-Macon; appropriations to libraries and
night schools ----------------------------------------------------340, 370, 376, 421, 686 HB 564-Macon; board of tax appeals ______________________676, 737, 741, 786, 917 HB 558-Macon; pension system __________________________________654, 736, 741, 784, 917
HB 371-Macon; street closing and conveyance
ratified --------------------------------------------------------------340, 370, 376, 421, 686 HB 370-Macon; street closings ratified ____________________340, 369, 375, 421, 686
HB 563-Macon; voting machines ----------------------------- 676, 736, 741, 786, 917 HB 373-Macon; water and sewer systems ____________340, 369, 376, 422, 687 HB 359-McRae; telephone system ____________________________ 337, 369, 375, 420, 813
HB 516--Marietta; election of mayor and
council; police -------------------------------------------------522, 655, 661, 696, 864 HB 30-Midway; charter --------------------------------------90, 108, 111, 129, 253, 265 HB 19-Monroe; corporate limits extended ______________88, 108, 110, 128, 230
HB 349-Morrow, zoning, mayor and council, licenses,
registration of voters, tax rate, mayor's court, streets, sidewalks, etc. __________________________311, 368, 374, 419, 687, 833
HB 163-Mount Vernon; mayor and council,
elections ----------------------------------------------------------- 142, 177, 179, 194, 307
HB 522-Newton; charter --------------------------------------------523, 655, 661, 696, 864
SB 120-0glethorpe; incorporate town of ______________
_688, 702, 737, 745
HB 356--Perry; salaries of mayor and councilmen ___ 337, 369, 375, 419, 686
HB 289-Rincon; corporate limits ----------------------------- 243, 282, 287, 316, 489
HB 228-Riverdale; streets and sidewalks, zoning __ 203, 250, 257, 295, 488
HB 384-Rome; corporate limits ________________________________365, 484, 491, 539, 814
HB 577-Rome; pension system __________________________________ 678, 736, 742, 789, 918
HB 367-Roswell; corporate limits ______________________________339, 483, 491, 539, 739
HB 23-St. Marys; corporate limits __________________________89, 108, 111, 128, 230
HB 97-Savannah; city manager ________________________________________116, 176, 178, 308
SB 28-Savannah; civil service system
amended ---------------------------------------------- _200, 214, 250, 260, 317, 490 SB 45-Savannah; elections, registration of
voters --------------------------------------------------------200, 208, 214, 251, 261, 321 HB 264-Savannah; industrial and water
supply commission ________________________________________223, 250, 259, 301, 489
SB 72-Savannah; pension system _____
___________486, 500, 737, 744, 790
HB 528-Smyrna; corporate limits _____________________________524, 655, 661, 696, 864
HB 134-Smyrna; eminent domain ______________________________122, 176, 179, 194, 309
HB 132-Smyrna; qualifications of mayor and councilmen ________________________________________________________122, 176, 179, 193, 308
HB 427-Smyrna; tax rate ______________________________________:_____437, 483, 494, 542, 815
HB 379-Suwanee; bonded indebtedness __________________364, 529, 532, 582, 813
HB 251-Swainsboro; registration of voters, elections --------------------------------------------- ______________ 222, 250, 259, 299, 489
HB 21-Sylvania; recorder's court --------------------------------------89, 108, 110, 253
HR 140-495e--Thomaston; land conveyance to, authorized; a resolution _____________________________________________________478, 571, 579, 770, 920
INDEX
945
HB 229-Thomaston; salaries of mayor and
councilmen -------------------------------------------------------203, 250, 257, 296, 488 HB 230-Tifton; city commissioners ________________________204, 250, 257, 296, 683
HB 265--Valdosta; taxation -----------------------------------------224, 250, 259, 299, 489 HB 414--Wadley; elections, sewers and drainage______395, 483, 493, 541, 814 HB 59-Warner Robins; corporate limits, mayor and council, wards,
elections, ad valorem tax, budgets, health, parks ____________________________________________________________101, 190, 212, 346
HB 244--Warrenton; cemetery tax ______________________________221, 250, 257, 297, 488 HB 479-Warrenton; corporate limits ________________________475, 527, 534, 586, 817 SB 97-Warrenton; corporate limits ______________________657, 669, 737, 743, 790 HB 258-Warrenton; marshal ______________________________________223, 250, 259, 300, 489 HB 386-Waycross; corporate limits _________________________365, 483, 491, 540, 814
HB 217-Waycross; taxation ----------------------------------------202, 250, 256, 294, 683 HB 476-Waycross and Ware County
Development Authority ________________________________475, 526, 533, 585, 817 HB 435--Winterville; charter ______________________________________438, 483, 495, 543, 815
MUNICIPAL CORPORATIONS-BY POPULATION.
SB 111-City-county board of tax assessors in counties
of 300,000 or more
_______________________________________702, 809, 871, 922
HB 12-City court judge to preside in municipal court in cities of 350,000; Code 24-2204 amended ________________87, 344, 347, 376, 682
SB 15--Firemen's pensions in cities of
150,000 or more ----------------------------------- 199, 214, 250, 260, 301, 347 SB 12-Pension system in cities of more than
150,00; amendments --------------------------------------199, 213, 237, 250, 263 SB 87-Pensions in cities or more than
150,000 ---------------------------------------------------- 574, 591, 822, 861, 873, 922 SB 14--Police pensions in cities of 150,000
or more ----------------------------------------------------199, 214, 250, 260, 301, 347 SB 14--Police pensions in cities of 150,000
or more ----------------------------------------------------199, 213, 250, 260, 302, 346 HB 15-Traffic courts in cities of 300,000
or more ----------------------------------------------------------------88, 344, 347, 377, 682
RESOLUTIONS AUTHORIZING PAYMENTS.
HR 73-266d-Compensation to Orner E. Craven for damage to automobile ---------------------------------- .224, 571, 578, 764, 919
HR 52-193e-Compensation to Paul Fouts for damage to barn ----------------------------------------------172, 443, 445, 764, 918
HR 87-297g-Back salary to Trooper Dessie Griffin ------------------------------ __ . _____________________ 245, 484, 497, 766, 919
HR 81-297a-Compensation to Mr. and Mrs. Henry Harold Hill for injuries _________________ ----------------------------------- 245, 571, 578, 765, 919
HR 39-130d-Compensation to Oliver B. Humphrey for damage to automobile __________________122, 443, 445, 763, 895, 897, 902
HR 111-369e-Compensation to J. C. Nolan for damage to automobile ___________________________________________________340, 766, 919
HR 25-83a-Compensation to Parker-White Motor Company for damage to automobile ----------------------------------105, 571, 579, 763, 918
HR 114-369h-Compensation to Mr. and Mrs. T. P. Price for injuries ______________ ---------------------- _______340, 443, 767, 919
946
INDEX
HR 60-21la-Compensation to Maitland Smith for damage to automobile ____________________________________ 189, 484, 497, 764, 919
HR 76-266g-Compensation to F. L. Spivey for damage to automobile ______________________________225, 537, 571, 765, 919
HR 88-297h-Compensation to George D. Whitaker____ 246, 571, 578, 766, 919
HR 118-Compensation to Darrell Wiggins for damage to automobile ____________________________________366, 571, 578, 767, 919
RESOLUTIONS AUTHORIZING PAYMENTS
(Did Not Pass)
HR 159-528d-Baldwin County, Clerk of Superior Court and Sheriff; habeas corpus proceedings ______________________________________________524, 572, 581
HR 64-235a-Bascom, Little Ruth Lee; damages to truck;
death of Douglas Lee
_______________________________________ 204
HR 68-235e-Bell, Emma Mae; death of Douglas Bell ________________________________205
HR 90-297j-A. C. Bennett and Mamie Bennett; damage to property________246 HR 85-297e-Brooks, Ernest and Dorothy; damage to property________________245
HR 91-305a-Chance, James Franklin; damages received at
Milledgeville State Hospital _ _
----------------------------------------247
HR 71-266b-Clements, J. Sherwood; loss of automobile __________________________224
HR 128-449b-Crawford, Louis H.; damages to automobile ________________________441
HR 83-297c-Evans, Horace; injuries --------------------------------------------------------------245 HR 107-369a-Fortune, Lincoln; damages to truck and seafood ________________339
HR 110-369d-Golden, Miles V.; damages to automobile and
personal injuries ----------------------------------------------------------------339, 571, 578 HR 136-495a-Hamilton, T. C.; damages to automobile and
personal injuries __________ _______________________________________________________4 77
HR 94-332c-Hardie, W. B.; destruction of property __________________________________ 280
HR 141-495f-Dr. Hess and Clerk, Inc.; damages to
automobile --------------------------------------------------------------------------478, 811, 821 HR 65-235b-Hill, Roy; damages to truck and personal injuries _______205, 865
HR 130-449d-Jackson Electric Membership Cooperative; damages to electric transmission lines ____________________________________________441
HR 10-3a-Jarrard, Alley; damages to truck
_______________________________________ 74
HR 74-266e-Johnson, Mrs. W. A.; personal injuries __________________________________224
HR 117-392a-Lindsley, Thulia; personal injuries ______________________________________366
HR 40-135a-Low, Mrs. J. W.; damages to automobile ______________________________122
HR 162-528g-Middle Georgia Bottling Company of Macon;
damages to truck ____________________
______________________________________ 525
HR 113-369g-Miller, Dewey L.; damages to automobile ____________________ 340, 445
HR 50-193a-Montegut, Mrs. Anna Belle; damages to automobile ___________ 172 HR 129-449c-Morris, Preston; damages to automobile ______________________________441 HR 55-193f-Prosser, J. B.; damages to automobile __________________________________173
HR 193-579a-Parkerson, M. V.; damages to automobile ___________________________779
HR 72-266c-Pope, C. T.; loss of mule --------------------------------------------------------- 224 HR 174-550f-Price, C. B.; personal injuries --------------------------- _________________568 HR 56-194a-Reese, Eugene; damages to automobile __________________________________173
HR 84-297d-Todd, Theolia F.; death of her son ________________________________________ 245
HR 163-528h-Union County Soils Club, Inc.; damages
to property --------------------------------------------------------------------------------- 525, 671 HR 100-349a-Verner, George H.; Arthur E.; and
Miss Annie E.; damages to home --------------------------------------------------311 HR 124-415b-Walker, J. D.; personal injuries ----------------------------- ______________395
HR 142-495g-Wilkes, R. G.; loss of automobile; personal injuries _________.478
INDEX
947
HR 92-332a-Williams, W. A.; personal injuries ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~280 HR 194-579b-Wright, Tom; cattle loss ~~~~~~-~~~~~~~~~~~~~-~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~780
MISCELLANEOUS RESOLUTIONS.
HB 188-Appropriations under George-Harden Act ~-~--~~~~~~-~~~~~~~~~~~~~-~~~~~~~~~~~~~~~~
HR 38-130c-Bolden S. Cobb Bridge
designated ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~122, 680, 690, 747, 895, 896
HR 48-Bust of Stonewall Jackson in Hall of Fame,
New York City ~~~~~~~~--~~~~~~~---~~~~--~~~~~~~~~~~~~~~~~~-~--~~~~~~~~~~~~~~-~~~~~~~~~-155, 200
SR 6---Busts of Georgia signers of Declaration of Independence
in Georgia Hall of Fame ~~-~ -~~~~~~~~~~~~~~~~~~~~-~~-253, 263, 443, 445, 804
SR
5-Chatuge Lake Park ~~~~~~~~~-~-~-~~~~~~~~~-~~~~~~~~~~~~~~--253, 263, 312, 804, 868
HR 132-Committee to study laws as to commitment and
release of insane persons ~~~~-~~-~~~~~~~~~~~~~~~~~~~~~_455, 812, 856, 910, 920
HR 102-Compensation bills in General Assembly,
study between sessions ~~-~-~-~~---~~~~~~~~~~~~~~~~~~~~~~~~~~~~--~~~~~-~~~~~~~~~~~~~ 334, 405
SR 41-Cotton acreage allotments _--~-~~~~~~-~~~~~~~~~~~~~------~-~~~~~~~~~~~~~~~~~~~~~~~-~-~-~~531 HR 186---Federal tariff policy; memorial to Congress ~~~~~~~~~~~~~~~~~~~~~-758, 866
HR 158-528c-Frank S. Sessoms Memorial Highway
designated ~~~-~~~~~~-~~~~~~~ ~~~~~~ ~~~~~~~~~~~~~-~~~~~~~~~~~~~~~-524, 570, 580, 666, 920
HR 12-Garden clubs of State commended ~~~~~~~~~~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~-85, 112
SR 32-Georgia Commission on Education ~~~~741, 747, 796, 812, 879, 923
HR 112-369f-Grant of easement to Taliaferro County Board of
Education ratified ~~~~~~-~-~-~~~~---~~~-~~~~~~~~~~-340, 443, 445, 731, 747, 919
HR 217-Home rule study committee ~~~~~-~~~~~~~~~~~~~~~~-~~~~~~~~~~~882, 902, 903, 911
SR 1-Hon. W. A. Blasingame designated as member of
State Highway Board ~~~~~~~~~~~-~~~-~~~~~~~~~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~~~~-~~~-~~-~-~~~~134
HR 153-Hon. E. L. Forrester commended ~~~~~~~~~~~~~~~~~-~-~~~~-~-~~~~~~~~~~~~~--515, 575
HR 79-Hon. Robert Tyre Jones, Jr., commended ~~~~~-~~~~~~~~~~~~~~~~~-~~~-238, 308
HR 122-Hon. J. W. Woodruff, Sr., commended ~~~~~-~~-~~~~~~~~~~~~~~~~-~-~--~384, 449
HR 103-Increase of prison population, commission to study ~~~~~-~~~~~-~~~~~-334
HR 213-Instructions to be given in pronouncing sentence as to
effect of escape or attempt to escape ~~~~~~-~~~~~~~~~-~~~~~~~~~~~~~~-~~857, 921
HR 160-528e-Insurance on automobile furnished
Governor ~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-525, 528, 581, 672, 920
HR 170-550j-Intervention of Public Service Commission in
Interstate Commerce Commission Finance
Docket No. 18845 W. & A. R. R. ~-~~~~ ~~~~~~~-~~-~~~--567, 738, 759, 853
HR 190-Joseph Vann Highway designated ~~-~~~~~~-~-- ~-~~--~~~~~~~~~~~~~~~~~~~~759, 853
SR 17-Lake Lanier State Park ~~------~--~~~~~~- ~~~~~~~~~-~-~~~-~~-~~~~-~~~~~~~~~~~~-~~~~~~~-~~~~~~~~~
HR 140-495e-Land conveyance to City of Thomaston
authorized ~~~~~~~-~~~~~-~~~~~-~~~~~~~~~~~~~-~-~~~~-~-~-~--~~~-~-- 478, 571, 579, 770, 920
HR 86-297f-Land conveyance to City of Hazlehurst
authorized ~~~~-~~~~~ -~~--~~~~~~~~~~~~~ ~---~~~~~~~~~~~~~~~~-~--- 245, 312, 315, 428, 576
SR 31-Land conveyance to Johnson County
authorized ~~~~~~~~~~~~~~~~-~~~~~~-~~~~~~--~~~~~~~~~~~~~~~~~~~-~~~_446, 453, 571, 577, 837
HR 139-495d-Law books to Ordinary of Appling
County ~~~~~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~-~~~_478, 529, 536, 588, 819
HR 182-577a-Law books to Barrow Superior
Court ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~~-~~~~~~~~~~-~~~~~~~~~~~~~~~~6 78, 73 7, 743, 784, 921
SR
9-Law books to Chatham Superior Court--~-~-~~~~~~~-~-147, 155, 211, 237
HR 51-193b-Law books to Ordinary of Clinch
County -~-~~~~-~~~~~~~~~~~~~~~~~~~~~~~~-~--~-~~~~~~~-~~~~-~~~~~~~-~--172, 207, 212, 236, 448
HR 27-83c-Law books to Ordinary of Dougherty
County ~~~~~~~~-~~-~~~~~~~~~~~~~~~~~~-~-~-~~~~-~~~~~~~~~~~~~~~~~~~~--1 05, 207, 211, 234, 448
948
INDEX
HR 26-83b---Law books to Dougherty Superior
Court ----------------------------------------------------------------105, 207, 211, 234, 448 HR 127-449a-Law books to Early Superior Court____440, 737, 745, 784, 920
HR 93-332b---Law books to Ordinary of Haralson
County ------------------------------------------------------------------------280, 370, 376, 406 HR 96-332e-Law books to Haralson Superior
Court ------------------------------------------------------------------281, 370, 376, 406, 687 HR 172-550d-Law books to Johnson Superior
Court ----------------------------------------------------------------567, 737, 743, 784, 921 HR 138-495e-Law books to Ordinary of Lanier
County ---------------------------------------- __________________ _478, 528, 536, 588, 819
HR 137-495b---Law books to Lanier Superior
Court ___
---------------------------------
HR 119-392c-Law books to Liberty Superior
__ _478, 528, 536, 588, 819
Court _---------------------------------------------------- __________366, 529, 532, 582, 819 HR 30-83f-Law books to Ordinary of Marion
County ----------------------------------------------------------------96, 229, 233, 274, 531 HR 29-83c-Law books to Marion Superior
Court -----------------------------------------------------------------105, 207, 211, 235, 448 HR 53-193a-Law books to Ordinary of Meriwether
County ----------------------------------- __________________________172, 207, 212, 237, 448
SR 34-Law books to Montgomery Superior Court ---------------------- ___________________569, 670, 737, 743, 791
HR 89-297i-Law books to Ordinary of Paulding County ----------------------------------- ________________ 246, 370, 376, 406, 866
SR 29-Law books to law library of Thomas County ----------------------------------------- ____________ 659, 670, 737, 743, 791
SR 37-License to Federal Government, Magnolia State
Park, ratified ------------------------------------------------------------------------------813, 834 HR 187-Major General George G. Finch commended ______________________758, 866
HR 59-National Junior Chamber of Commerce commended __________183, 209
HR 169-550a-Pat Griffin Memorial State
Park proposed ------------------------------------------------567, 663, 798, 799, 920 HR 218-Pension system study committee ___________________________________889, 921, 922
HR 37-130b---Reversion of certain Forestry Commission lands to
Gair Woodlands Corporation ------------------------121, 229, 233, 274, 687 HR 161-528f-Reversion to Mildred P. Sheats of land granted to
Georgia Commission on Alcoholism____525, 571, 581, 798, 799, 920
SR 7-Rotunda of State Capitol designated as Georgia Hall of Fame __________ ---------------------------------------- __________________________ 208, 217
HR 177-558a-Sale of buildings to City of
Brunswick --------------------------------------------------------654, 681, 689, 777, 921
HR 120-397c-Sale of Ian dby Wildlife Experiment Station ________________________________336, 443, 445, 798, 799, 919
HR 97-332b---Separation of veterans from other patients at Milledgeville State Hospital _______________________ 281, 371, 380, 449, 922
SR 39-Services to Western and Atlantic Railroad Committee_____________ 531
HR 221-Shipment of quails to President Eisenhower authorized____901, 921
HR !54-Southern Regional Education Compact; Delaware
and West Virginia as parties -------------------------------------------------515, 575 SR 19-State Programs Study Committee________________253, 264, 322, 371, 380
HR 35-Stone Mountain, acquisition by State for memoriaL__114, 134, 759
SR 45-Tariff legislation; memorial to Congress ____________________________781, 803
SR 25-Tobacco; control of inferior grades on market __________________309, 334
SR 24-Traffic safety campaigns, citizens commended ___________________________ 309
INDEX
949
HR 147-Veterans' farm training programs;
memorial to Congress ---------------------------------------------514, 682, 690, 759 HR 131-449e-Water Law Revision
Commission __________________________________________441, 485, 497, 556, 870, 885
HR 144-"White House of Augusta" __________________________513, 680, 690, 778, 920
SR 33-Workmen's compensation study committee ______________________________404, 423, 573, 578, 673, 763, 868, 923
Part II
HOUSE BILLS AND SENATE BILLS AND RESOLUTIONS
A
Abbeville HH 263-Charter ----------------------------------------------------223, 250, 259, 300, 490, 591
Absentee Voting. (See Elections)
Addresses
Hon. Herman E. Talmadge ----------------------------------------------------- ---------------------------- 34 Gov. S. Marvin Griffin ---------------------------------------------------------------------------------------- 37 Gov. S. Marvin Griffin ---------------------------------------------------------------------------------------- 158
A del HB
44-Corporate Limits extended _______
___ 95, 108, 111, 129, 231
Administrators and Executors HB 396-Recovery by administrator for homicide ______________________367, 482, 492
Adoption
HB 147-Inheritance by adopted children from natural parents __________ ------ -------------------------------------140, 228, 232, 329
SB 78-Substitute birth certificate _________________________657, 668, 735, 744, 903
Affidavits. (See Land; Pauper's affidavits)
Agents. (See Principal and Agent)
Air Conditioning. (See Heating and Air-Conditioning)
Albany HB 290-0fficers and employees; appointment, dismissal, etc. __________________________________________________ 244, 282, 287, 316, 684
Albany, City Court of HB 235-Judge's salary ------------------------ _______________ 204, 250, 257, 296, 783, 829
INDEX
951
Alcoholic Beverages. (See Beer, Wine, Ale)
HB 172-AdV'ertising for sale of _____________________________________________________________143, 388 HB 533-Advertising for sale of __________________________________________564, 671, 679, 769 HB 60-Control of advertisements ------------------------------------------ ___________________ 101 HB 453-Control of, violation of acts ------------------------------------------------------------ 442 HB 174-Minors, employment in places where sold ------------------------------------ 144 HB 450-Minors, employment in places where sold ----------------------------------- 441 SB 116-Minors, employment in places where sold ___________________659, 670, 796
HB 61-Sale of, close at sun-down -------------------------------------------------------------- 102 HB 171-Wines, taxation of __________________________________________________143, 397, 400, 510
Ale. (See Malt Beverages)
Aliens
SB 68-Employment by University System ____________574, 590, 681, 689, 884 HB 352-Practice of medicine or pharmacy
(temporary license) --------------------------------------336, 399, 402, 772, 912
Alimony HB 331-Modification of permanent alimony judgments ________________________________________________280, 398, 402, 775, 909, 909
Alma HB
53-Planning commission --------------------------------------100, 249, 254, 289, 682
Ambrose HB 494-Charter ___________________________________________________.477, 570, 578, 664, 812, 834
Americus HB 123-Charter amendments (utility commission, employees, election, ad valorem tax) ----------------------------------------120, 176, 179, 308
Amusements, Public HB 555-Joint participation by white and negroes ____________________654, 681, 689
Animals. (See Game and Fish Commission; Livestock)
Anti-Freeze Substances and Preparations HB 503-Regulation of sales __________________________________________________ 520, 572, 579, 772
Appling County
HB 124-Commissioners ________________________________________________120, 145, 149, 182, 446 HR 139-Lawbooks to Ordinary; a Resolution _______.478, 529, 536, 588, 819 HB 576-Hunting deer with dogs, prohibited ____________678, 735, 742, 789, 918
952
INDEX
Appropriations HB 119-Chatuge Lake --------------------------------------------------------------------120, 390, 568
Architects SB 107-Registration and license; Code Ch. 84-3 amended __________________________688, 702, 738, 743, 858, 878, 922
Artesian Wells HB 196-Capping of __ ------------------------------------------------------------------------------------ 173
Ashburn
HR 28-83d-Tax for promotion of industries; proposed amendment to the Constitution ____________________105, 248, 258, 615, 865
Athens
HB HB HB HB
440-Charter amendments ______________________________________439, 484, 496, 545, 816 441-Corporate limits ________________________________________439, 484, 496, 545, 816
434-Sale of school lands _ ___ ___ _______________________438, 484, 495, 543, 815 442-Street closing authorized _____________________________439, 484, 496, 545, 816
Athletic Contests
HB 555-Joint participation by white and negroes, prohibited ------------------------------------------------------------ _____________654, 681, 689
Atkinson County
HR 24-56a-Refunding bonds; proposed amendment to
the Constitution __
____________________101, 334, 341, 348, 637, 865
Atlanta. (See Municipal Corporations-By Population)
HB 17-Ad valorem tax ------------------------------------- _88, 125, 125, 150, 869, 889
SB 16-Close of schools on election days, James L. Key Golf Course, pensions __________________________________ 200, 214, 251, 260, 304
SB 34-Code 92-4101-92-4104 amended (not applicable to
City of Atlanta)
_ ________ ___________ 367, 377, 529, 532, 589
HB 13-Deputy planning engineer, group life insurance, surplus
waterworks property, eminent domain, salaries _____________________________________________ 87, 483, 490, 539, 904, 906
HR 183-Commission on Education for Atlanta and Fulton County __ __ ___________________687, 737, 744, 789, 870, 888
HB 348-Education tax, school bonds, loans _____
________ 311, 369, 374, 418, 687, 869, 889
SB 49-Landing fields, building official, dangerous buildings ___________________________ 322, 822, 861, 872, 921
SB 110-Parks tax
__ __________ _ ___ 658, 670, 823, 861, 871, 922
HB 89-Tax returns, Atlanta and Fulton County; Act of 1951 amended --------------------------------------106, 123, 126, 152, 285
HB 15-Traffic Court, established -------------- _________________88, 344, 347, 377, 682
INDEX
953
HB 14-Uniforms in police and fire departments, building permits, election managers, sewer assessments, purchases, bureau of weights and measures,
acting mayor ------------------------------------------------------88, 125, 125, 150, 230 HR 173-Unified Government for Atlanta and Fulton
County; committee to study -------------------------------------------------------- 567
Atlanta Judicial Circuit HB 368-Assistant solicitors-general __________________________339, 370, 375, 419, 686
Atlantic States Marine Fisheries Compact. (See Game and Fish Commission)
Attorneys At Law
HB 10-Admission to bar by comity; Code 9-201 amended _________________________________________87, 283, 286, 358, 659
HB 490-Bar examinations, residence requirements ____________________________________________477, 527, 534, 770, 870, 884
Audits
HB 168-Audits of county affairs in counties of 120,000 to 145,000; Code 23-1301 amended ______________143, 537, 655, 690, 912
Augusta. (See Municipal Corporations-By Population)
HB 78-City attorney ----------------------------------------------------104, 176, 178, 192, 307 HB 432-Corporate limits ______________________________________________438, 484, 495, 543, 815 HB 8~Health board ---------------------------------------------------104, 176, 178, 192, 307 HB 79-Mayor and council; elections ________________________104, 176, 178, 192, 307 HB 562-Pension system ------------------------------------------------676, 737, 741, 785, 917 HB 433-Sidewalk assessments ____________________________________439, 484, 496, 545, 816
Augusta, Municipal Court of HB 318-Judge, sheriff, clerk and deputies ______________278, 312, 313, 352, 685
Austell
HB 385-Corporate limits __________________________________________ 365, 484, 491, 540, 814 HB 133-Grant power of eminent domain ________________122, 176, 179, 194, 308
Automobiles. (See Insurance; Motor Vehicles)
B
Bailiffs HB 129-Compensation in counties of 100,000 to 110,000; Code 59-120 amended ------------------- ___ 121, 206, 249, 254, 290, 683
Baldwin County SB 36-Commissioners, election, terms, vacancies ------- -------------------------------------------- ____ 284, 569, 578, 666, 739
954
INDEX
Baldwin County Clerk of Superior Court and Sheriff
HR !59-Compensate ------------------------------------
__________________________524, 572, 581
Banks
SB 24-Application for charter; Code 13-904
amended -----------------------------------------------------------252, 264, 342, 349, 805
HB 20-Branch banks _______________ ---------------------------------------------------------------88, 383
HB 186-Branches-Code Section 13-205 amended ___________
_______________ 171
HB 259-Branch Banks in cities of 19,500 to 20,500 ________________________ 223, 384
HB 202-Drive-In Banking facilities; code Section 13-203 amended ____________________________________________________187, 384, 479
SB 22-Deposits of deceased depositors; Code
Section 13-2048 amended _____
_______________252, 264, 342, 349, 805
SB 23-Loans; Code 13-2013 amended ___________ 252, 264, 342, 349, 642, 805
SB 26-Private Banks; prohibit new private
banks ----------------------------------------------------- ____________ 252, 264, 342, 350, 840
HB 197-Taxation of ------------------------------
------------------------------------------- 173
HB 322-Taxation; Code Section 92-2406 amended ____________________278, 312, 384
HB 99-Taxation of banks and banking associations; Code 92-2406 amended _________________________ 117, 383, 400, 752, 853, 854
Banks County
HB 568-Commissioners; members, election, salaries -------------------------------------
___ 677, 734, 742, 787, 917
Bar, State. (See Attorneys at Law) HB 113-Applicants, examination requirements ________________119,.343, 347, 462
Barbers and Beauticians SB 94-Regulate practice of --------------------------------------------- ____________________657, 669
Barrow County
HB 475-Commissioners; election, expenditures, compensation, clerk ________________________________475, 526, 533, 585, 820, 839
HR 182-577a-Law Books to Barrow Superior Court; a Resolution ----------------------------------------------------- 678, 737, 743, 784, 921
Bartow County HB 190-0rdinary's Compensation __ ------------------- __ .171, 249, 255, 292, 576
Bascom, Ruth Lee HR 64-Compensate
------------- 204
Beauticians and Barbers
HB 377-Code 84-403 amended --------------------------------------364, 482, 491, 651, 773 SB 94-Regulate ----- --------------------- ----------------------------------------------------- ____657, 669
INDEX
955
Beer. (See Malt Beverages; Alcoholic Beverages)
Bell, Emma Mae HR 68-Compensate ------------------------------------------------------------------------------------- 205
Bennett, A. C. and Mamie HR 90-Compensate -------------------------------------------------------------------------------------- 246
Berkeley Lake HB 482-Charter created _______________________________________________________________476, 810, 820
Beverages, Malt. (See Malt Beverages)
Bibb County
HB 45-Civil Service Board, create --------------------------------------------------------96, 358 HB 50S-Legislative powers -----------------------------------------521, 569, 579, 664, 914 HR 21-47b--Police civil service system; proposed amendment
to the Constitution --------------------------------------------96, 526, 532, 598, 864 HB 500-Voting machines ---------------------------------------------_479, 526, 536, 589, 863
Bibb County, Civil Court of
HB 498-Consolidating Act __________________________________479, 529, 535, 589, 820, 845
Bill Drafting Unit
SB 29-Study Legislation --------------------------------------------------------------174, 182, 573 HR 198-Commend for services to members of the Legislature ____________ 802
Birth Certificates. (See Adoption) HB 457-Petitions to procure
--------------------------------------------_472, 810, 820
Blasingame, Hon. W. A.
SR !-Designated as member of State Highway Board; a resolution ______________ ------------------------------------------------------------------------ 134
Blind Persons
HB 282-Commission for Visually Handicapped established ________________________________________________________242, 304, 444, 651, 708
HB 201-Public accommodations for blind persons guided by trained dogs __________________________________ 187, 206, 211, 274, 405
Boards of Education. (See names of counties)
HB 325-County boards, meetings; Code Section 32-908 amended __________________________________________ 279, 442, 560, 819
HB 16-Supplement of funds in counties of 300,000 or over; Act of 1951 repealed ---------------------------------------~88, 108, 110, 150, 284
956
INDEX
Bolden S. Cobb Bridge HR 38-130c-Resolution designating __ ................ 122, 680, 690, 747, 895, 896
Boone, Joe
Elected Clerk of the House of Representative
18
Bowman HB 409-Elections, tax assessors . ------------------------394, 484, 493, 541, 814
Brazeal, Marvin Elected as Messenger of the House of Representatives -------------------------------- 29
Brooks County HB 547-Commissioners, compensation ______________________566, 655, 662, 698, 916
Brooks, Ernest and Dorothy HR 85-Damages, compensate for ..... ____________________ ----------------------------------- 245
Brown, Bobby Memorial Park HB 114-Funds for development
- -------------- -- _________________ 119, 390, 568
Brunswick
HR 177-Sale of State buildings to; a resolution _____654, 681, 689, 777, 921 HB 18-Streets, pension system __________________________________88, 108, 110, 128, 230
Brunswick, City Court of HB 225-Compensation of solicitor, clerk, sheriff, and deputies ---------------------------------------------------203, 250, 256, 295, 447
Brunswick Judicial Circuit HB 413-Solicitor-general's salary ______ ----------------- ...395, 538, 571, 663, 814
Brunswick Port Authority HB 398-Conveyance of property to State Ports Authority --------------------------------------------392, 452, 484, 768, 921
Budgets HB 436-Budgets in counties of 200,000 or more_______.438, 480, 495, 544, 816
Buildings, Public. (See Public Buildings and Property)
Burke County HB 24-Tax commissioner's compensation ______________________89, 174, 177, 191
INDEX
957
Buses HB 240-Motor bus license fee; Code 92-2902 amended ___________________________________________________________220, 354, 372, 512, 739
Business or Commercial Schools
HB 351-Regulate ___________ ---------------------------------------------------------- __ 336, 397, 402
Busts
HR 48-Bust of Thomas Jonathan (Stonewall) Jackson in Hall of Fame, New York City; a Resolution ______________________________155, 200
HR 48-Georgia signers of Declaration of Independence, busts of in Georgia Hall of Fame --------------------------------------------- _____155, 200
c
Cadwell HB 226-Corporate limits _ _ ____________________________________203, 250, 257, 295, 488
Cairo
HB 579-Charter amended
-----------------------------------------
734
HB 296-Mayor's term __________________________________________________ 244, 282, 287, 316, 489
HB 389-Streets, roads and alleys ________________________________365, 483, 493, 540, 814
Calhoun HB 192-Mayor and council, elections, salaries, pensions ---------------- --- -- -------------- ------------ _________ 172, 190, 213, 346
Calhoun County SR 20-Board of education; proposed amendment to the Constitution ___________________________________345, 355, 526, 536, 639
Camilla, City Court of HB 43-Solicitor's salary _______ ------------------------------------ ________ 95, 175, 191, 306
Candler County HB 541-Salary of commissioners' clerk ___________________ 565, 655, 662, 698, 916
Canton HB 571-Zoning ________________________________________________________677, 736, 742, 788, 917
Carlton HB 50-Charter -----------------------------------96, 108, 111, 129, 227, 308, 323, 455
Carnesville HB 3-Streets, sidewalks, etc. ____________________________________ 74, 108, 110, 127, 487
958
INDEX
Carroll County
HB 415-Consolidation of schools ------------------------------------------------------------------ 395 HB 439-Tax commissioner's clerical
assistants ____________________________________________439, 480, 495, 544, 813, 841 HR 14-Board of Education; proposed amendment
to Constitution -----------------------------------------------------------------------------91, 452
Catoosa County
HB 538-Commissioner's compensation ______________________565, 655, 662, 698, 916 HB 536-Tax Commissioner's compensation ______________565, 655, 662, 697, 916
Certified Public Weighers HB 553-Act of 1949 amended _
------------------------------ 653
Chatham County
HR 70-266a-Streets, sidewalks, etc.; proposed amendment
to the Constitution ______________________________ 224, 341, 349, 627, 865, 902
HB 102-Tax commissioner
____________________________________117, 175, 178, 308
Chatham Superior Court SR 9-Law books to; a resolution -------------------------------- ___147, 155, 211, 237
Chance, James F. HR 91-Compensate ------------------------------------------------------------------------------------- 247
Chattooga County HB 355-Commissioners; purchases and control of property ____________________________________________________ 337, 368, 375, 419, 577, 647
Chattooga Superior Court HB 159-Terms ----------------------------------------- ______________________141, 283, 286, 315, 659
Chatuge State Park SR 5-A resolution ____________________________________________________ 253, 263, 312, 804, 868
Checks HB
95-Penalty making without funds to cover ----------------------------------- 107
Cherokee County HB 572--Cherokee County Water Authority ____________677, 734, 742, 788, 917
Chickamauga HB 559-Terms of mayor and council ______________________676, 736, 741, 785, 917
INDEX
959
Children HB
6--Molestation of, Act amended ____________________________________________85, 109, 110
Chiropody HB 304-Licensing; Code 84-604 amended ________________ 247, 399, 401, 651, 726
Cholera. (See Hog Cholera)
Cigarettes. (See Cigars and Cigarettes) HB 465-Taxation ______473, 530, 536, 652, 722, 867, 881, 895, 896, 905, 918
City Courts. (See Names of courts)
Civil Courts. (See Name of Court, as Fulton County, Civil Court of)
Clarke County, City Court of
HB 443.-Terms _____
______________________________________________439, 484, 496, 545, 816
HB 471-Clarke County School District ____________________474, 529, 533, 584, 817
Clayton County
HB 160-Commissioners _______________________________________________ 142, 206, 210, 236, 447 HB 164-Coroner's salary ------------------------------------142, 206, 210, 236, 405, 552 HB 128---Jurors __ ---------------------------------------------------------------------121, 210, 238, 682 HB 390-Clayton County Water Authority ________________365, 483, 492, 540, 912
Clements, J. Sherwood HR 71-Compensate --------------------------------------------------- -------------------------------------- 224
Clinch County HR 51-193b-Law books to ordinary; a resolution ______172, 207, 212, 236, 448
Cobb, Bolden S.
HR 38-130c-Resolution designating Bolden S. Cobb Bridge ----------------------------------------------------122, 680, 690, 747, 895, 896
Cobb County
HB 193-Deputy commissioner, recall
of commissioners --------------------------------------------- 172, 248, 255, 293, 683
HB 254-Fire prevention districts --------------------------------222, 249, 259, 300, 683
HB 253-Sewage districts
___________ 222, 249, 259, 299, 683
HB 131-Treasurer's compensation ------------------------------122, 248, 255, 290, 683
HB 546--Zoning
------------------------------------------------------------------------------------------ 566
HB 548-Zoning -------------------------------------------------------------------------------------566, 671
Cobb Judicial Circuit HB 135-Solicitor-general's compensation ____________________122, 207, 210, 236, 405
960
INDEX
Coffee County
HB 319-Commissioners _________________________ ------------------------------------------------------- __ 278 HB 493-School superintendent's term __________________________477, 526,534, 588, 818 HB 285-Assessors . ___ ------------------------------------------------------------------- 243, 398, 401
College Park
SB 92-Corporate limits --------------------------- _________________657, 669, 737, 744, 790 SB 112-Divide into 4 wards -----------------------------------------------658, 670, 737, 743 HB 391-Corporate limits ________ ____________________________366, 484, 492, 540, 814
Columbus
HB 248-Conveyance of part of Front Avenue authorized
HB 252-Pension system _
----- 221, 250, 258, 298, 488 ------ ---- ----- ______________222, 259, 299, 489
Columbus, City Court of HB 245-Practice and procedure rules ______________________ .221, 250, 258, 297, 447
Columbus, Municipal Court of HB 250-Compensation of deputy marshals ______________ 222, 249, 258, 298, 489
Commerce, City of HB 574-Corporation tax -----------------------------------------------678, 736, 742, 788, 918
Commercial Fishing. (See Game and Fish Commission.)
Commissioner of Labor HB 425-Expenses _
- - --- _____.437, 484, 494, 560, 782
Condemnation
HB 104-Assessors' costs; Code 36-605 amended ________ 117, 228, 231, 331, 356, 424, 870, 896
HB 285-Appointment of assessors; Code Section 36-401 amended _________________________________________________243, 398, 401
Conley HB 513-Create Charter _
--- 522, 655, 661, 695
Constitution, Federal
HR 135-Amendment; memorial to Congress;
a resolution _----------------------------
_______ 469, 572, 577, 591, 782
HR 175-Bricker Amendment, support of; a resolution ----------------- ___592, 782
HR 44-Constitutional Amendments
Publication of Proposed Amendments ----
_________ 154, 399
HR 36-130a-Separation of races in Federal armed forces; proposed
amendment to Federal Constitution; a resolution ___ 176, 183, 208
INDEX
961
HR 31-84a-State school systems; proposed amendment to Federal Constitution; a resolution __________________105, 147, 157, 200
HR 171-Conveyance of Land in Forsyth and Dawson County to Robert Latham ________________567, 737, 744, 799, 920
HR 123-Conveyance of Land in Johnson County ----------------------395, 443, 445
Constitution, State. (See proposed Constitutional Amendments)
Conyers HB 417-Registration of voters ____________________________________396, 484, 493, 541, 815
Cordele Judicial Circuit HB 262-Reporter's compensation _______________________________223, 283, 287, 315, 448
Coroners
HB 12-Compensation in counties of 15,200 to 15,900; Code 21-105 amended ______________________________________87, 344, 347, 376, 682
HB 444-Compensation in counties of 120,000 to 145,000; Code 21-105 amended __________________________________439, 480, 496, 545, 816
Corporations. (See Banks; Insurance Companies)
HB 278-Venue of Equitable Actions against; Code Section 3-202 amended ----------------------------------242, 398, 401, 468
HB 239-Vote required for amendment ______________________ 220, 281, 286, 331, 659 HB 554-Proceedings to obtain charter ---------------------------------------- 654, 809, 820 SB 10-Chartering of ------------------------------------------------------------------------------656, 668
Cotton
SR 41-Acreage allotments; a Resolution ------------------------------------------------- 531 HR 167-Acreage allotments (cotton) ---------------------------------------------------------- 562
Counties. (See Taxation; Counties and County Matters)
HB 261.-Taxation for Care of Indigent Sick________________________________________________ 223
SB 74-Insurance to cover injuries by motor vehicles ------------------------------------------446, 453, 573, 581, 899, 922
HB 421-Group Insurance _________________436, 483, 494, 775, 902, 904, 909, 910 HB 92-0fficers, elections;
Code 34-2601 amended ____________________________________107, 123, 127, 152, 253
HB 166-Payment of salaries of certain officers in counties of 125,000 to 145,000 -------------------------------------------------------- 142
County Courts. (See Names of counties)
Courts
HB 199-Chaplain's -----------------------------------------------------------------187, 207, 211, 768 HB 274-Statements by Solicitors and officers of fees _____________226, 398, 401
962
INDEX
Court of Appeals
HB 13-34a-Judges emeritus; powers and duties; proposed amendment to the Constitution ___________248, 258, 463, 864
Crabs. (See Game and Fish Commission)
Craven, Orner E. HR 73-266d-Compensation for damage to automobile; a Resolution ______________________________________________________ 224, 571, 578, 764, 919
Crawford County HB 127-Treasurer's compensation _____________________________121, 249, 254, 289, 575
Crawford, Louis H. HR 128-Damages to ------------------------------------------------------------- __________________________ 441
Credit Unions HB 486-Examinations by State Banking Department _____________476, 538, 569
Criminal Courts. (See Name of Court, As Fulton County, Criminal Court of) HB 275-Fees of Clerk ------------------------------------ _____________ 241, 398, 401, 468, 781
Criminal Extradition Act. (See Uniform Criminal Extradition Act)
Criminal Trials. (See Trials) HB !55-Accused as witness in own behalf___________________ ___________________________ 141
Criminal Law
HB 49-Publication of names of persons suspected of certain crimes prohibited until formal accusation, etc. ____________________________________96, 124, 125, 209, 360
HB 279-Punishment of defendants under 21; Code Section 27-2528 added _______ 242, 322, 371, 373, 466, 500, 776
Cumberland Island Authority
HB 400-Creation of --------------------------------- _____________________________________________373, 452 HR 49-Griffin Beach, established _________________ _______________________________ 156, 200 HR 166-Cumberland Island Authority ____________________ 562, 581, 812, 857, 923
D
Dalton
HB 456-Board of Water, light and sinking fund commissioners ________________________________________472, 529, 535, 583, 817
INDEX
963
Dawson County HR 171-Conveyance of Land to Robert Latham ______567, 737, 744, 799, 920 HR 20-Sale of Land in ------------------------------------------------96, 229, 233, 274, 531
Dead Bodies HB 315-Removal or disposal of __________ -------------------------------- 277, 399, 402, 800
Decatur HB 208-Pension system ------------------------------------------------188, 250, 256, 293, 488 HB 209-Pension system ------------------------------------------------188, 250, 256, 293, 488
Decent and Distribution
HB 147-Inheritance by adopted children from natural parents ----------------------------------------------140, 228, 232, 329
Deeds-Recording
HB 378-Refusal where description indefinite -------------------------------------------- 364 HB 406-State of taxes paid as condition precedent to recording,
Code Section 29-401 amended --------------------------------------------------394, 498
Deer
HB 576-Hunting with dogs prohibited in Appling County ------------------------------------------678, 735, 742, 789, 918
DeKalb County
HB !58-Advisory referendum election ___ 141, 227, 232, 262, 490, 547, 783 HB 169-Department of Finance, created ------------------------------ _____________________ 143
Dental Examiners, Board of
HB 504-Compensation of members; Code Section 84-713 amended ________________________520, 569, 578, 730, 863
Department of Public Safety. (See Drivers License; Motor Vehicles)
HB 404-Uniform Division; officers; compensation ______393, 484, 492, 551, 813, 831, 847, 853, 855, 868
Dependents HB 335-Uniform Support of Dependent Act, amended ____________________________________________________309, 355, 599, 402, 721, 733
Discovery at Law HB 281-Code Section 38-1201 amended ----------------------242, 283, 287, 646, 912
964
INDEX
Divorce
HB 298-Records of annulments and marriages ---------------------------------------- 246 HB 209-Registration of annulments ------------------------------------------------------------ 246
Dogs. (See Blind Persons) HB 407-Innoculation against rabies __________________________394, 482, 493, 651, 773
Domestic Animals. (See Livestock)
Doraville HB 165-Chairman of city commission _____________________________ 142, 190, 213, 346
Dougherty County
HB 35-Compensation of sheriff, clerk of superior court and Ordinary ----------------------------------------------- ___ 91, 144, 148, 181
HB 273-Compensation of tax commissioner and assistants __________________________________________________ 226, 249, 260, 301, 684
HB 478-Commissioner's meetings ________ _____________________475, 526, 533, 585, 817 HR 78-274a-Fire protection; proposed amendment
to the Constitution __________________________________________226, 341, 349, 631, 866 HR 27-83c-Law books to Ordinary; a Resolution ______105, 207, 211, 234, 448
Dougherty Superior Court HB 35-Clerk's compensation __________________________________________91, 144, 148, 181 HB 274-Statements of Fees -----------------------------------------------------------226, 398, 401
Douglas County
SB 23-Board of education; proposed amendment to the Constitution ---------------------------------------------252, 264, 342, 349, 642
SB lOS-Commissioners; meetings, chairman, compensation and expenses ____________________________658, 669, 679, 689, 746
Dower
HB 107-How barred; Code Section 31-110 amended --------------------------------------118, 153, 389, 527, 594, 818
Drivers' Licenses HB 223-Expiration and renewal of _________________ 203, 283, 286, 423, 782, 829
Drunkenness, Public HB 327-Penalty for; code Section 58-608 amended _________________ 279, 481, 491
Dublin HB SB
227-Utility systems ________________________________________ 203, 250, 257, 295, 869, 890
73-Water, light and gas commission _____________________________657, 668, 748, 780, 791, 871, 890
INDEX
965
Dublin City Court HB 566-Salaries ----------------------------------------------------------------------676, 734, 742, 786
Dudley HB 525-Tax rate ------------------------------------------------------------523, 655, 661, 696, 915
E
Early County HR 127-449a-Law books to superior court; a Resolution ___________________________________________________440, 737, 745, 784, 920
East Dublin HB 526-Compensation of mayor and councilmen ____524, 655, 661, 697, 915
East Ellijay HB 509-Utilities -----------------------------------------------------------521, 655, 660, 695, 864
East Point HB 544-East Point Parking Authority Act ____________566, 655, 662, 795, 916 HB 543-Charter Amendments --------------------------------------------566, 655, 662, 792
East Thomaston HB 84-Corporate limits ----------------------------------------------105, 176, 178, 193, 308
Eastman HB 430-Elections; city manager; purchases __________437, 484, 495, 542, 863
Eastman, City Court of HB 387--Judge's salary -------------------------------------------------365, 397, 403, 451, 687
Echols County HB 33-Commissioners; qualifications, clerk, county attorney, superintendent of roads, funds ________________________90, 145, 148, 180, 284
Echols County Board of Education HB 34-Purchases ------------------------------------------------------------90, 145, 148, 180, 285
Echols County, County Court of HB 32-Fees, costs, etc., certiorari, jurisdiction, terms, judge's salary, clerk -------------------------------90, 145, 148, 180, 285, 323
Economy Contract Letting Act HB 363-Prescribe methods for ----------------------------338, 452, 572
966
INDEX
Education. (See University System; Vocational Education)
SB 42-Assignment of pupils ___
____________________ --------------------- ..230, 239
SR 32-Georgia Commission on Education; a Resolution ____________________________________________741, 747, 796, 812, 879, 923
SB 61-Minimum Foundation Act amended ____486, 499, 537, 780, 838, 869 SB 40-Public schools, separation of races ________________________208, 344, 350, 380
HR 31-84a-States school systems; proposed amendment to Federal Constitution; a Resolution ________________105, 147, 157, 200
Education Boards of. (See Boards of Education, and Names of counties)
Effingham County
HR 61-211b-Board of education, proposed amendment to the constitution _____
___189, 341, 348, 620, 865
Elberton, City Court of HB 256--Judge and solicitor; election, terms, fees ___ 222, 250, 259, 300, 448
Elections
HB 38-Assistance of voter by manager,
Code Section 34-1905 amended -------------------------------------------------------- 95 SB 19-Absentee voting; Code 34-3301-3305,
34-3307 amended ______________________________________________147, 156, 252, 260, 805
HB 64--Absentee voting; Code
Ch. 34-33 amended
________________________102, 251, 254, 328, 449, 831
SB 13-Ballots in certain counties ____________________________199, 214, 251, 260, 303
HB 333-Leave for Employees to vote ------------------------------------------------- _ 281
HB 92-County officers; election; Code 34-2601 amended ____________________________________ 107, 123, 127, 152, 253
HB 153-Display and distribution of campaign literature, etc. ________________________________________________ 141, 207, 210, 429, 454
HB 4-Hours in counties of 12,160 to 12,190 __________________________________________________ 74, 249, 254, 288, 682
HB 126-Hours in counties of 24,000 to 24,500 ___________ ------------------------------- 121 HB 125-Hours in counties of 22,600 to 23,300 __________ 120, 206, 210, 235, 446
HB 162-Solicitation of votes, etc. in counties of 14,225 to 14,300 ____________________________________________142, 249, 250, 292, 575
HB 500-Unopposed candidates in counties of 100,000 to 150,000 ___ _________ ______________479, 526, 536, 589, 863
SB 20-Voters' Registration Act amended (restrictions
on county registrars)
______________174, 182, 344, 349, 836, 870
HB 93-Voting machines, rental in certain counties (Act of 1946) _______________________________________________ 107, 123, 127, 152, 488
Ellenwood HB 557-Charter created -----
--------- ------ _________________654, 705, 737, 745
Ellijay HB 529-Water, light and gas systems ________________________________525, 655, 662, 864.
INDEX
967
Eminent Domain. (See Condemnation)
Employment Security
HB 324-Acts of 1937 amended ___________________________________279, 343, 348, 379, 739 SB 56-Contribution rates;
Code 54-622 amended ___ --------------------------------- 345, 354, 482, 497, 838
Employer and Employee HB 334-Medical examination as condition of employment _____________________ 281
Employees, State HB 492-Minimum compensation __________________________________________________477, 797, 812
Employees Retirement System Act HB 530--Amendment ------------------------------------- ---------------------------------564, 696, 862
Enclosures. (See Fences and Enclosures)
Engineering Advisory Board HB 178. Creation of --------------------------------------------------------------------------170, 812, 820
Escapes
SB 114-Felony to escape or to attempt to escape, or to aid prisoner therein; Code 26-4507, 26-4508 amended, 26-4509 repealed --------------------------------------740, 748, 784, 850
HR 213-Instructions as to effect of, or attempt, to be given in pronouncing sentence; a resolution ____________________________________857, 921
HB 149-Shooting to Prevent; Code Section 26-4507 amended --------------------------------140, 251, 255, 431, 454
Evans, Horace HR 83-Compensation for injuries ------------------------------------------------------------ 245
Evans County
SB 77-Commissioners; vacancies, expenditure, purchases ____ -------------------------------- ____________________574, 590, 679, 689, 746
HB 388---Tax commissioner's salary ___________________________365, 397, 404, 451, 687
Evidence (See Discovery at Law)
HB 234-Affidavits showing facts affecting title to land __________204, 228, 231, 329, 532, 561, 660, 706, 834, 868
HB 260-Inadmissible where obtained by unlawful search, seizure or Arrest; Code Sections 32-215 added ----------------------------------------------------------------223, 282, 287, 431, 739
HB 314-Statements made to Insurance Adjusters after injury. Code Section 38-421 amended ________________________277, 371, 373, 432, 454
968
INDEX
Explosives. (See Fireworks) HB 194-Code Ch. 88-8 repealed __________________________173, 207, 211, 273, 390, 659
Extraditions. (See Uniform Criminal Extradition Act)
F
Farmers Market Authority HB 176-Establishing Act --------------------------------------------169, 206, 210, 357, 531
Federal Supreme Court HR 17-Confirmation of appointees ------------------------------------------------------- 91, 145 HR 16-lnvestigation by Congress ---------------------------------------------------------------- 91
Fences and Enclosures HB 71-Code 62-401-62-406 repealed ______________________103, 228, 231, 325, 576
Fernandina Port Authority HB 272-Construction of Toll Bridge __________________________________226, 399, 401, 501
Fertilizers HB 50S-Regulation of sales --------------------------------------------------------------------------- 521 SB 71-Samples --------------------------------------------------------------------------------------446, 453
Finch, Major General George G. HR 187-Commended; a resolution ----------------------------------------------------------758, 866
Firemen HB 418-Firemen's retirement system ______436, 530, 532, 652, 750, 885, 891 HR 34-lnvestigate Firemens Association _______________________113, 147, 154, 325 SB 15-Pensions in cities of 150,000 or more____199, 214, 250, 260, 301, 347
Fireworks HB 56-Fireworks Control Act __________________________101, 146, 148, 197, 531, 548
Firing of Woods, Land, etc. HB 58-0ffenses _________________________
_____________________101, 123, 126, 215, 487
Fishing. (See Game and Fish Commission)
HB 54-Fishing on Sunday, Code Section 26-6908 repealed ----------------------------------------------------------------------101, 227, 231, 271
HB 466-Fish dealers, licensing of ________________________________________________473, 735, 744 HR 45-Game and Fish Preserves, lease of land for ________________________155, 399 HB 219-Resident hunting and fishing licenses;
Code Section 45-122, 45-206 amended __________202, 227, 231, 268, 36&
INDEX
969
HB 154-Sale of Fresh Water Scale Fish ____________________________________141, 823, 860
HB 65-Taking of Rough Fish by Game and Fish Commission ____________ 102 HB 40-Taking of Rough Fish in baskets, Act of 1953 repealed __________ 95 HB 405-Taking of Rough Fish in baskets ________________________394, 499, 527, 551
Floyd County
HB 552-Tax commissioner -------------------------------------------653, 679, 689, 746, 916 HB 292-Zoning -------------------------------------------------------------244, 312, 313, 351, 684
Floyd County, City Court HB 474-Consolidating Act ____________________________________________440, 480, 496, 546, 816
Forestry HB 57-State Forestry Commission __________________________101, 123, 126, 215, 487
Forestry Commission
HR 37-130b.-Reversion of lands to Gair Woodlands Corporation; a Resolution _____________________________ 121, 229, 233, 274, 687
Forrester, Hon. E. L. HR 153-Commended; a resolution ----------------------------------------------------------515, 575
Forsyth County
HR 171-Conveyance of Land to Robert Latham ----------------------------------------567, 737, 744, 799, 799, 920
Fortson, Ben -Communications ---------------------------------------------------------------------- 5, 11
Fortune, Lincoln HR 107-Damages -------------------------------------------------------- ----------------------------------- 339
Fort Yargo State Park HB 542-Appropriations for --------------------------------------------------------------------------- 566
Fouts, Paul
HR 52-193c.-Compensation for damage to barn; a resolution ------------------------------------------------172, 443, 445, 764, 918
Fulton County. (See Atlanta; Municipal Corporations by Population; Courts)
HB 191-Attorney's salary --------------------------------------------172, 248, 255, 292, 576 HB 85-Civil service board; amendments ________________106, 123, 126, 151, 285 HB 86--Fire prevention system ----------------------------------106, 123, 126, 151, 285 HB 88-Garbage disposal in unincorporated
areas ----------------------------------------------------------------106, 123, 126, 151, 285
970
INDEX
HB 94-Group insurance for employees ____________________107, 123, 127, 153, 285 HB 16----Judges' and solicitors' retirement system;
amendments _____ ---------------------------------------------- ___88, 108, 110, 150, 284 HB 90-Park and recreation areas ____________________107, 123, 126, 152, 308, 324
HB 344-Pension system ----------------------------------------310, 368, 374, 418, 820, 845 HR 183-Commission on Public Education for Atlanta
and Fulton County ________________________________678, 737, 744, 789, 870, 888
HR 173-Unified Government for Atlanta and Fulton Co.,
Committee to study ------------------------------------ -------------------------------------- 567 HB 346-Tax commissioners salary --------------------------------------311, 368, 374, 686 HB 511-Deputies for Ordinary, Clerk of Superior Court,
Tax Receiver, etc. --------------------------------------------521, 569, 580, 655, 915 HB 89-Tax returns, Atlanta and Fulton County;
Act of 1951 amended ______________________________________106, 123, 126, 152, 285
HB 438-Teachers' retirement system ________________439, 480, 495, 544, 869, 891 HB 15-Traffic Court, established ________________________________88, 344, 347, 377, 682
Fulton County, Civil Court of
HB 16----Judges' and solicitors' retirement system amended --------------------------------------------------------------88, 108, 110, 150, 284
HB 329-Judges' salaries --------------------------------------------------------279, 313, 353, 813
Fulton County, Criminal Court of HB 16----Judges' and solicitors' retirement system amended -------------------------------------------------------------88, 108, 110, 150, 284
Fulton County, Juvenile Court of
HB 16----Judgebs' and solicitors retirement system amended --------------------------------------------------------------88, 108, 110, 150, 284
Funeral Services
HB 184-Sale of funeral services and merchandise on prepayment plan _______________________________171, 206, 211, 430, 783, 832
Funeral Services, State Board of HB 148-Expense vouchers; Code 84-102 amended ____140, 282, 286, 381, 739
G
Gainesville HB 77-Gainesville and Hall County planning commission --------------------------------------------------------104, 176, 178, 191, 307 HB 477-Retirement system -----------------------------------------_475, 529, 533, 585, 817
Gair Woodlands Corporation HR 37-103b-Reversion of land to; a resolution __________121, 229, 233, 274, 687
INDEX
971
Game and Fish Commission
HB 323-Compensation ------------------------------------------------------------278, 453, 481, 774 SB 60-Act establishing, and consolidating laws as to game,
fish, and wildlife ____________________________486, 500, 796, 810, 858, 886, 922
Garbage. (See Highways)
HB 419-Throwing or depositing on Public Roads or property ----------------------------------------------------------- _____________A36, 485, 494
Garden City
SB 48--Corporate limits ______________________________________________ 230, 239, 251, 261, 321 SB 30-Election of mayor and councilmen, registration
of voters ------------------------------------------------------------200, 214, 251, 260, 321
Garden Clubs HR 12-Commended for work in beautifying State; a resolution ____85, 112
GAS. (See Liquefied Petroleum Gas)
Gasoline. (See Motor Vehicles) HR 197-Price of, Committee to Study---------------------------------------------------------- 800
General Assembly. (See Resolutions)
SR 8--Carry-over of pending business; proposed amendment to the Constitution __________________________________________345, 355, 396, 404, 842
HR 102-Compensation bills, study between sessions _________________________334, 405 HR 217-Home rule study committee; a resolution __________882, 902, 903, 911 SR 33-Workmen's compensation study committee;
a Resolution _________________________ _404, 423, 573, 578, 673, 763, 868, 923
General Appropriations HB 119-Chatuge Lake Mountain Park ----------------------------------------120, 390, 568
Georgia Ports Authority SB 44-Act of 1945 amended ______________________________________________174, 183, 211, 270
Ga. Power & Light Co. HR 67-Committee to study ------------------------------------------- _____________205, 499, 530
Georgia Waterways Commission HB 337-Created ---------------------------------- ------------------------------------- 309, 342, 348, 381
Gifts. (See Minors)
972
INDEX
Golden, Miles V. HR 110-Damages ---------------------------------------------------------------------------339, 571, 578
Gordon HB 218-Licensing of motor vehicles __________________________202, 250, 256, 294, 488
Gordon County HB 189-Sheriff's salary ------------------------------------------------171, 369, 372, 417, 576
Governor
HB 160-528c-Insurance on automobile furnished Governor; a Resolution ------------------------------------------------525, 528, 581, 672, 920
Grand Juries
HB 91-Continuance beyond term in counties of 300,000 or more ________ 107 HB 9-Inspection of public buildings and property;
Code 59-315 amended ----------------------------------------87, 124, 125, 158, 368
Griffin
HB 365-Griffin-Spalding County Board of Education; elections -----------------------------------------------------------338, 369, 375, 420, 781
HB 561-Salary of commissioners _____________________________676, 736, 741, 785, 917 HB 550-Street closing authorized ____________________________567, 655, 663, 699, 904 HB 321-Griffin Judicial Circuit, Judge's salary ____________278, 398, 402, 449
Griffin, City Court of
HB 300-Contingent expense allowances of judge and solicitor -------------------------------------------------------------246, 287, 316, 448
Griffin, Trooper Dessie HR 87-297g-Back salary to; a resolution ____________________245, 484, 497, 766, 919
Griffin, S. Marvin
Addresses ------------------------------------------------------------------------------------------------------ 37, 158 Inauguration of----------------------------------------------------------------------------------------------- 33 HR 49-Griffin Beach Established in honor of ----------------------------- 156, 200
Griffin, Hon. Pat
HR 169-550a-Resolution proposing establishment of Pat Griffin Memorial State Park ___________________________________567, 663, 798, 799, 920
Gross, Frank -Sworn in ----------------------------------------------------------------- 109
INDEX
973
Gun Shell Dealers. (See Taxation)
Gwinnett, Button SR 6-Bust in Georgia Hall of Fame; a resolution -----------------------------------------------------253, 263, 443, 445, 804
Gwinnett County
HB 339-Commissioners --------------------------------------------------------------------310, 368, 373 HB 488-Commissioners' compensation _____________________476, 526, 534, 587, 914 HB 342-Commissioners --------------------------------------------------------------------310, 368, 374 HB 484-Zoning ---------------------------------------------------------------476, 526, 534, 587, 914
Gwinnett County, City Court of HB 489-Practice and procedure; salary of judge and of solicitor ------------------------------------------------------477, 529, 534, 587, 914
H
Hall, Lyman
SR 6-Bust in Georgia Hall of Fame; a resolution --------------------------------------- _____________ 253, 263, 443, 445, 804
Hall County
HB 130-Commissioners, recall of ______________________________121, 227, 231, 261, 446 HB 47-Compensation of sheriff, clerk of superior court,
clerk of city court and ordinary ____________96, 145, 148, 181, 782, 828 HB 77-Gainesville and Hall County planning
commission --------------------------------------------------------104, 176, 178 191, 307 HB 46-Tax commissioner ------------------------------------96, 145, 148, 181, 782, 827
Hall County, City Court of
HB 47-Clerk's compensation --------------------------------96, 145, 148, 181, 782, 828 SB 21-Salary of judge and of solicitor ____________________________156, 810, 821, 868
Hall Superior Court HB 47-Clerk's compensation --------------------------------96, 145, 148, 181, 782, 828
Hall of Fame, Georgia
SR 6-Busts of Georgia signers of Declaration of Independence in; a resolution -----------------------------------------------253, 263, 443, 445, 804
SR 7-Rotunda of State Capitol designated as; a resolution ________208, 217
Hall of Fame, New York City
HR 48-Bust of Thomas (Stonewall) Jackson; a resolution ----------------------------------------------------------------------------------155, 200
974
INDEX
Hamilton, T. C. HR 136-Damages -------------------------------- ------------------------------------------------------------- 477
Hapeville HB 523-Mayor and councilmen; election, terms, etc. _______________________________________523, 655, 661, 696, 915
Haralson County HR 93-332b--Law books to ordinary; a resolution _____________280, 370, 376, 406 HR 96-332e-Law books to superior court; a resolution ------------------------------------------------------281, 370, 376, 406, 687
Hardie, W. B. HR 94-Damages ---------------------------------------------- ----------------------------------------------- 280
Hartwell HB 429-Recorder's court ______________________________________________437, 484, 494, 542, 815
Hazlehurst HR 86-297f-Land conveyance to, authorized; a resolution ______________________________________________________ 245, 312, 315, 428, 576
Health Centers. (See Public Health Centers)
Heating and Air-Conditioning HR 496-Regulations in counties of 135,000 to 150,000 _________________________________________________________478, 526, 535, 589, 818
Henry County HB 510-Board of education; financial statements and reports --------------------------------------------------------521, 569, 579, 664, 915
Dr. Hess & Clark, Inc. HR 141-Damages ____________ ------------------------------------------------- _______________478, 811, 821
Highway Board, State
HB 462-Eligibility of members for elective and appointive offices ____________________________________473, 530, 536, 726, 914
SR 1-Hon. W. A. Blasingame designated as member; a resolution ____ 134 HB 205-Lease contracts ________________________________________________188, 213, 229, 240, 659
Highways
HB 467-Arrests for speeding on ____________________________________________________473, 538, 570 HR 158-528c-Frank S. Sessoms Memorial Highway
designated; a resolution --------------------------------524, 570, 580, 666, 920
INDEX
975
HR 190-Joseph Vann Highway designated; a resolution ________________ 759, 853 HR 185-Joseph Vann Highway designated; a resolution ________________________ 734
HB 167-Limited access highways in counties having wholly or partly within their borders a city of 300,000 or more ________________143, 227, 232, 262, 447
HB 305-Limited-access highways ______________________247, 282, 283, 288, 502, 819
SB 106-Load limit of vehicles; Code 68-405 amended ____________________________________658, 669, 680, 689, 848
HB 198-Rural Roads Authority Act ________________187, 208, 211, 239, 405, 423
SB 89-Throwing trash, etc., on public roads ________657, 669, 738, 744, 806 HB 419-Throwing trash on public roads or property ___________.436, 485, 494 HB 68-Turnpike Authority Act repealed ________________103, 177, 177, 191, 576
Hill, Mr. and Mrs. Henry Harold HR 81-297a-Compensation for injuries; a resolution ________________________________________________________245, 571, 578, 765, 919
Hill, Roy HR 65-Damages --------------------------------------------------------------------------------------205, 865
Hinesville HB 29-Corporate limits ------------------------------------------------90, 108, 111, 129, 230
Hinesville, City Court of HB 26-Solicitor's compensation, fees; fines, forfeitures, etc. __________________________________________________89, 108, 111, 128, 682
Hog Cholera
HB 142-Act of 1939 amended (Control of serum, etc.) ----------------------------------------------139, 206, 210, 273, 660, 767
Home Rule HB 309-(See Municipal Corporations and Municipal Home Rule) __________________________________ 276, 384, 471, 518, 568
Homestead Exemption HB 136-Code 92-233 amended ___________________________________123, 145, 149, 197, 346
Homicide HB 396-Recovery by administrator of decedent ______________________367, 482, 492
Hospital Authorities HB 354-Act of 1941 amended ------------------------------------337, 399, 402, 557, 863
Hospitals HB
7-Grants to hospitals and public health centers ------------------------------------------85, 153, 390, 568, 727, 911
976
INDEX
Houston County HB 291-Commissioner's compensation __________________244, 312, 313, 351, 684
Humphrey, Oliver B.
HR 39-130d-Compensation for damages to automobile; a resolution ___________________________________122, 443, 445, 763, 895, 897, 902
Hunting. (See Game and Fish Commission)
HB 219-Resident hunting and fishing licenses ________202, 227, 231, 268, 368 HB 200-Licenses; period of validity ----------------------------------------------------------- 187 HB 420-Restrictions as to lights and certain
calibre guns -----------------------------------------------------------------------_436, 481, 494
I
Income Tax
SB 4-Define gross income --------------------------------------------------------------252, 263 HB 37-Filing of returns and payments, Code
Sections 92-3210-92-3301 amended ------------------------------------------------ 95 HB 69-Returns and payment; Code 92-3210,
92-3301 amended ----------------------------------------------103, 215, 229, 231, 266 HB 422-Rates ----------------------------------------------------------------------------------------------------436
Industrial Loan Act
HB !51-Establishment of __________140, 144, 371, 372, 504, 820, 846, 852, 853, 876, 877, 911
Infants HB 399-Responsibility for Criminal Acts ----------------------------------393, 571, 578
Insane Persons. (See Milledgeville State Hospital). (Lunacy Trials)
Insurance
HB 115-Actions by insurer in home of insured ________________________119, 356, 483
HB 283-Adjusters, Licensing of ------------------------------------------243, 369, 373, 799 HB 284-Agents, Licensing of --------------------------------------------------------243, 369, 373 SB 99-Authorized investments;
Code 56-224 amended ______________________________________740, 748, 823, 861, 900 HB 521-Capital Stock, Code 56-207 amended _____________________________523, 563, 570 SB 86-Capitol stock; Code 56-207 amended __________574, 590, 736, 745, 855 HB 412-Deposits with State Treasurer;
notice of claims ------------------------------------------------395, 483, 493, 750, 913 HB 51-Health and Accident Policies,
Cancellation of ----------------------------------------------------97, 123, 125, 130, 196 HB 39-Joinder of insured and insurer
in actions on liabilitypolicies, Code Sections 56-607-56-608 ___________________________________ 95, 228, 231, 358 HB 187-Life, Health, and Accident Policies ____________________171, 369, 372, 596
HB 5-Motor Vehicle Liability ------------------------------------------------------------------ 85
INDEX
977
SB 74-Policies to cover injuries by motor vehicles of municipal corporations, counties or other political subdivisions _________________446, 453, 573, 581, 899, 922
HB 185-Sickness and Accident Policies ____________________171, 369, 372, 550, 593
Intangible Property Tax. (See Taxation)
Intangible Property Tax Act of 1953 HB 439-Long term notes -----------------------------------_439, 480, 495, 544, 813, 841
Irwin County SB 117-Commissioners ------------------------------------------------------------------------740, 748
J
Jackson, Thomas Jonathan (Stonewall) HR 48-Bust in Hall of Fame, New York City; a resolution ________155, 200
Jackson Electric Membership Corp. HR 130-Damages ---------------------------------------------------------------------------------------------- 441
Jacksonville HB 76-Charter ----------------------------------------------------------------------103, 190, 212, 488
Jails and Prisons HR 43-Inspection ------------------------------------------------------------------------------------154, 399
Jamerson, Lamar HR 109-Compensate --------------------------------------------------------------------------------------- 339
Jarrard, Alley HR 10-Damages ---------------------------------------------------------------------------------------------- 74
Jefferson County HR 37-Property abandonment ---------------------------------121, 229, 233, 274, 687
Jenkinsburg HB 340-Charter ----------------------------------------------------------------310, 370, 373, 417, 685
Jesup
HB 537-Board of commissioners, city manager, purchases, audits, recorder, tax assessors ____________________565, 655, 662, 698, 864
HB 383-Recorder, registrars, purchases, franchises ----------------------------------------------------------364, 484, 491, 539, 739
978
INDEX
Jewelery Auction Sales HB 118-Regulate -------------------------------------------------------------------119, 213, 228, 389
Johnson County
HR 123-Land conveyance to, authorized; a resolution ____________395, 443, 445 SR 31-Land conveyance to, authorized;
a resolution ______________________________________________________446, 453, 571, 577, 837 HR 172-550d-Law books to Johnson Superior Court,
a resolution ______________________________________________________567, 737, 743, 784, 921
Johnson, Mrs. W. A. HR 74-Damages -------------------------------------------------------- _______________________________________ 224
Jones, Robert Tyre, Jr. HR 79-Commended; a resolution ----------------------------------------------------------238, 308
Joseph Vann Highway HR 190-Resolution designating ----------------------------------------------------------------759, 853
Judgments. (See Alimony) HB 110.-Dormancy; Code 110-1001 amended ____118, 154, 398, 400, 594, 818 HB 111-Lien; Code 39-701 amended ________________118, 153, 398, 400, 468, 819
Junior Chamber of Commerce
HR 59-National Junior Chamber of Commerce commended; a resolution ----------------------------------------------------------183, 209
Juries and Jurors
HB 129-Compensation of jurors and bailiffs in counties of 100,000 to 110,000; Code Section 59-120 amended --------------------------------------121, 206, 249, 254, 290, 683
HB 116-Revision of jury lists; Code Section 59-106 amended ______________119, 146, 149, 216, 362, 531
HB 100-Segregation as to age and sex; Code 59-719 amended --------------------------------------117, 176, 178, 198, 531
HB 128-Traverse juries, drawing in counties of 22,800 to 23,200 --------------------------------------------------------121, 210, 238, 682
Juries, Grand. (See Grand Juries)
Jury Lists
HB 98-Preparation of; Code Section 59-109 amended --------------------------------------------------------116, 146, 149, 198
Juvenile Courts. (See Name of court, as Fulton County) HB 446-Act amended, Clarke County, Juvenile Court of _______________________ 440
INDEX
979
HB 311-Act of 1951 amended (child consultants) ____277, 399, 401, 730, 863 HB 397-Act of 1951 amended (transfer to other courts,
apprehension and detention) ________________________392, 527, 532, 768, 913
Juvenile Delinquency-report of Committee ---------------------------------------------------- 74
L
Labor, Commissioner of. (See Commissioner of Labor)
LaFayette HB 255-Registration of voters ____________________________________222, 250, 259, 300, 489
LaGrange, City Court of
HB 293--Judge's salary --------------------------------------------------244, 312, 313, 352, 684
HB 294--Solicitor's salary
_____________________________________244, 369, 373, 417, 684
Lake Lanier State Park SR 17-A resolution ____________________________________________253, 263, 443, 445, 849, 868
Land HB 234--Affidavits showing facts affecting title ______204, 213, 228, 329, 532, 561, 660, 706, 834, 868
Land Deeds, Recording HB 378-Refused where description indefinite ------------------------------------------ 364
Lanier County
HR 138-495c-Law books to ordinary; a resolution ----------------------------------------------------------478, 528, 536, 588, 819
HR 137-495b-Law books to superior court; a resolution ------------------------------------------------------478, 528, 536, 588, 819
Landscape Architects
HB 180-Licensing of ____________________________________________170, 205, 210, 269, 304, 467
Latham, Robert HR 171-Land Conveyance to _____________________________567, 737, 744, 799, 799, 920
Laurens County HB 565-Sheriff's salary --------------------------------------------------------676, 734, 741, 786
Law Enforcement HR 95-Committee to Study -------------------------------------------------------------------280, 485
980
INDEX
Lawrenceville
HB 345-Corporate limits ---------------------------------------------311, 369, 374, 418, 686 HB 347-Salaries of mayor and councilmen _________________________311, 369, 374, 420 HB 357-Slum clearance --------------------------------------------------337, 369, 375, 422, 686
Lee County HB 215-Treasurer's salary ------------------------------------201, 312, 313, 350, 577, 825
Leesburg HB 216--Street closing authorized ______________________________ 201, 250, 256, 294, 683
Legislative Council
HB 394-Established ---------------------------------------------------------------------------------367, 572
Liberty County HB 28--Compensation of clerk of superior court and of sheriff ________________________________90, 249, 254, 288, 577, 646 HR 119-392c-Law books to; a resolution ____________________366, 529, 532, 582, 819 HB 31-0rdinary's compensation ----------------------------90, 249, 254, 289, 575 HB 27-Tax commissioner -----------------------------------------------89, 248, 254, 288, 575
Liberty Superior Court HB 28--Compensation of clerk ____________________________90, 249, 254, 288, 577, 646
Licenses. (See aliens; Architects; Fishing; Hunting; Malt Beverages; Midwives; Motor Vehicles; Structural Pest Control Act; Surveyors.)
Licensing HB 308-lnjunction by State Examining Board of Illegal Practitioners ________________________________________248, 282, 288, 325, 382
Liens HB 138-Motor vehicles; damages from negligent operation ____________________ 138
Lilburn HB 341-Charter --------------------------------------------310, 370, 374, 417, 432, 451, 685
Limited-Access Highways. (See Highways)
Lindsley, Thulia HR 117-Damages ---------------------------------------------------------------------- _______________________ 366
Liquefied Petroleum Gas HB 459-Act of 1949 amended __________472, 497, 528, 535, 771, 779, 801, 913
INDEX
981
Literature Commission, State SB 70-Amendments ___________________________________________________486, 500, 796, 812, 888
Livestock
HB 277-Public weighers; Sales ------------------------------------------------------------------ 242 HB 392-Act of 1953 amended ____________________366, 397, 404, 503, 783, 826 HB 222-Feeding of garbage, regulate ____________________________202, 397, 400 HB 540-Straying at Large ------------------------------------------------------------------------- 565
Loans. (See Banks)
HB !51-Industrial Loan Act ______140, 144, 371, 372, 504, 820, 864, 852, 853, 876, 877, 911
Lobbying SB 3-Registering -----------------------------------------------------------------230, 239, 573
Local Government Improvement Commission HB 481-In counties of 300,000 or more _____________________475, 526, 533, 585, 817
Logging HB 423-Regulations as to vehicles used in __________________________________________436, 572
Long County HB 514-Commissioner's compensation ________________________522, 569, 580, 665, 915
Lowndes County
HR 179-Board of Education; proposed amendment to Constitution -----------------------------------------------------------------677, 809, 821
HB 483-Commissioners (compensation and expenses); county administrator _____________________________________476, 526, 534, 586, 863
HR 179-573A-Election of members of Board of Education, proposed amendment to Constitution ____________________________677, 809, 821
Low, Mrs. J. W. HR 40-Damages -------------------------------------------------------------------------------------------- 122
Lumpkin County HB 469-Commissioner ---------------------------------------------------------------------------- 474
Lyons City Court HB 211-Amendments ---------------------------------------------------------189, 250, 256, 293
Lunacy Trials HB 448-Costs ----------------------------------------------------------_440, 498, 573
982
INDEX
M
McCaysville HB 431-Salaries; audits ----------------------- ______________________438, 484, 495, 542, 815
McDonough HB 512-Candidacy for mayor or councilman _________522, 655, 661, 695, 864
McDuffie County
HR 66-235c-Board of education; proposed amendment to the Constitution ------------------------------------------------205, 341, 348, 623, 865
HB 233-Commissioners -------------------------------------------------204, 249, 257, 296, 576
Macon
HB 372-Appropriations to libraries and night schools ____________________________________________________340, 370, 376, 421, 686
HB 564-Board of tax appeals ______________________________________676, 737, 741, 786, 917 HB 573-Macon Judicial Circuit, Judges salary ------------------------------------------ 677 HB 558-Pension system _______________________________________________ 654, 736, 741, 784, 917 HB 371-Street closing and conveyance ratified ________340, 370, 376, 421, 686 HB 370-Street closings ratified --------------------------------- 340, 369, 375, 421, 686 HB 563-Voting machines ______________________________________________676, 736, 741, 786, 917 HB 373-Water and sewer systems ______________________________340, 369, 376, 422, 687
McRae HB 359-Telephone system --------------------------------------------337, 369, 375, 420, 813
Madison County HB 83-Tax commissioner's compensation ______________104, 175, 178, 192, 446
Magnolia State Park SR 37-License to Federal Government ratified; a resolution ________813, 834
Malt Beverages. (See Alcoholic Beverages)
HB 173-County Option ------------------------- -------------------------------------------------------- 144 HB 551-Manufacture license ______________________________568, 581, 656, 663, 724, 916 HB 424-Manufacture, license ________________________________________________________436, 485, 494 SB 102-License and excise tax ---------------------------- _________________________________574, 591
Marietta HB 516-Election of mayor and council; police _________522, 655, 661, 696, 864
Marion County
HR 30-85f-Law books to ordinary; a resolution ------------------------------ _______________________96, 229, 233, 274, 531
INDEX
983
Marion Superior Court HR 29-83e-Law books to; a resolution ________________________105, 207, 211, 235, 448
Marriage
HB 182-Essentials of; Code Section 53-101 amended _____170, 228, 232, 282 HB 298-Record of divorces and annulments --------------------------------------------- 246 HB 299-Registration of annulments and divorces ------------------------------------ 246
Master and Servant. (See employer and employee) HB 334-Medical Exams ------------------------------------------------------------------------------- 281
Medicine
HB 352-Aliens, practice by (temporary licenses) ____336, 399, 402, 772, 912 HB 307-Non-profit Medical Service Act amended____247, 282, 288, 324, 739
Memorials. (See Stone Mountain)
Meriwether County
HR 53-193a-Law books to ordinary; a resolution ____172, 207, 212, 237, 448 HB 485-Treasurer's salary _______________________________________476, 526, 534, 587, 817
Microfilm Records. (See Ordinaries)
Middle Georgia Bottling Company of Macon HR 162-Damages ------------------------------------------------------------------------------- -------------- 525
Midway HB 30-Charter -----------------------------------------------------90, 108, 111, 129, 253, 265
Midwives HB 55-Licensing ----------------------------------------------------------101, 206, 209, 270, 487
Military Forces HB 36--Reorganization Act ------------------------94, 108, 111, 137, 157, 253, 264
Militia, State. (See Militia Forces Reorganization Act)
Milk and Milk Products
HB 306--Sales of, Labeling ------------------------------------------------------------------------------ 247 HB 393-Milk Powder-Labeling of containers --------------------- ___366, 481, 492
Milledgeville State Hospital
HR 132-Committee to study laws as to commitment and release of patients; a resolution ____________455, 812, 856, 910, 920
984
INDEX
HR 97-332F-Separation of veterans from other patients;
a resolution ------------------------------------------------------281, 371, 380, 449, 922 HB 449-Trial for restoration and release; Code 35-236,
34-237 amended ________________________________________________440, 498, 530, 773, 913
Miller County HB 81-Commissioners; election, meetings, compensation, purchases ----------------------------------------------------------104, 145, 149, 182, 307 HB 75-Voting machines ----------------------------------------------103, 145, 148, 181, 306
Miller, Dewey L.
HR 113-Damages --------------------------------------------------------------------------------------340, 445
Minimum Foundation. (See Education)
SB 96-Amendments --------------------------------------------------------------740, 747, 823, 862
Minors-See Juvenile Courts; Year's Support, Alcoholic Beverages; Gifts HB 101-Age of Legal majority; Code Section 74-104 amended --------------------------------------------------------117, 207, 209, 277 HB 174-Employment in places where alcoholic beverages sold ______________ 144 HB 450-Employment in places where alcoholic beverages sold ______________ 441 SB 81-Gifts of securities to minors ________________________657, 668, 681, 690, 878
Mitchell County HB 472--Commissioners' compensation ______________________474, 526, 533, 584, 914
Moate, Marvin
Elected Speaker of House -----------------------------------------------------------------------
18
Molestation of Children HB 6-Act Amended ------------------------------------------------------------- __________85, 109, 110
Monroe HB 19-Corporate limits extended ----------------- ________________88, 108, 110, 128, 230
Montegut, Mrs. Anna Belle HR 50-Damages ------------------------------------------------------------------------------------------------172
Montgomery County SR 34-Law books to superior court; a resolution ____659, 670, 737, 743, 791
Morris, Preston HR 129-Damages ------------------------------------------------------------------------------ __________ 441
INDEX
985
Morrow
HB 349-Zoning, mayor and council, licenses, registration of voters, tax rate, mayor's court, streets, sidewalks, etc. ------------------------------------------311, 368, 374, 419, 687, 833
Motor Fuel Tax Act of 1937
HB 232-Amendment -------------------------------------------------------------------------------------- 204 HB 353-Exemption for tobacco curers; code 92-1403 amended ________________ 337
Motor Vehicles. (See Insurance; Taxation)
HB 144-Accident Reports, filing of ----------------------------------------------139, 228, 232 HB 231-Annual Fees, municipalities exempt _____________________________204, 343, 348 HB 467-Arrests for speeding _______________________________________________________473, 538, 570
SB 67-County Officials; furnish records for ________486, 499, 736, 745, 898 HB 238-Designated Routes for certain vehicles _________________________________220, 322
HB 223-Driver's license, expiration and renewal ____________________________________________ 203, 283, 286, 423, 782, 829
HB 203-Driving under influence of liquors or drugs------------------------------ 187 HB 141-Liability Insurance ________________________________139, 344, 347, 651, 721, 733
SB 103-Liability of owner for negligent InJUries ______________________________________________________740, 748, 796, 797, 810, 895
HB 2-License plates, issuance in counties ________________ 74, 98, 109, 131, 346, 382, 406, 422, 465, 490
SB 7-License Plates; designate County __________________________________485, 499, 736
HB 487-License Plates, luminous paint_------------------------------------------------------ 476 HB 170-License tag application; taxes ____________143, 177, 179, 195, 660, 706
SB 74-License tags (tags for different classes of vehicles) ______________________________________________446, 453, 573, 581, 899, 922
HB 70-License tags to show county of owner _______________________ 103, 146, 148, 378, 511, 866, 897, 903, 906
SB 106-Load Limit; Code 68-405 amended ______________658, 669, 680, 689, 848
HB 138-Liens for damages from negligent operation ------------------------------ 138
HB 120-Marking of cars, Peace Officers --------------------------------------------120, 228 HB 240-Motor bus license fees; Code 92-2902
amended ----------------------------------------------------------------------220, 283, 286, 357 HB 221-Motor Fuel Tax Act amended (Code 92-1407,
refunds} ____________________________________________________________202, 372, 372, 729, 862
HB 5-Motor Vehicle Liability Insurance ------------------------------------------------ 85 HB 276-Multiple Beam Road lighting equipment ____________271, 370, 372, 462
SB 9-Nonresident motorists, venue of actions ________________________________________ 147, 156, 207, 228, 234, 849, 818
HB 395-0peration without owner's permission
misdemeanor ----------------------------------------------------367, 453, 483, 800, 912 HB 67-Parking of, uniform act regulating traffic
on highways amended _ _________________________102, 146, 148, 216, 272
HB 326-Registration; Liens; Code 68-205
amended ----------------------------------------------------279, 398, 402, 444, 770, 912
HB 236-Reckless Driving of
---------------- ____________________205, 213, 228, 597
HB 204-Revocation of licenses, Motor Vehicle Safety
Responsibility Act amended -------------------------------------------------- 187, 354
HB 152-Sales of Used Cars --------------------------------------------------------------------------- 140 SR 24-Traffic safety campaigns, citizens commended; a resolution ____ 309
986
INDE X
HB 271-Venue of Actions against non-resident motorists, Code Section 68-803 ---------------------------------------------------------226, 482, 491
HB 491-Veterans License Tags ______________________________________________________477, 736, 743
Mount Vernon HB 163-Mayor and council, elections ----------------------------------142, 177, 179, 194
Mull, Reid
Certified as Representative from Fannin County
110
Municipal Corporations. (See Names of Cities)
HR 217-Home rule study committee; a resolution _________882, 902, 903, 911 SB 74-Insurance to cover injuries by
motor vehicles __________________________________________446, 453, 573, 581, 899, 922 SB 34-Tax collection; Code 92-4101-92-4104 amended
(not applicable to City of Atlanta) ___________ 367, 377, 529, 532, 589
Municipal Courts HB 408-Jurisdiction, Elbert County ------------------------------------------------------------ 394
Municipal Home Rule
HB 309-Provisions for
-----------------------------------276, 384, 471, 518, 563
SB 69-In Municipalities ------------------------------ __486, 487, 500, 537, 569, 879
SB 118-Certain municipalities ------------------------------------------------------688, 702, 823
Municipal Streets
HB 237-Part of State-Aid System, Construction -------------------------------------- 220 SB 66-Urban Redevelopment Act ________404, 423, 497, 573, 807, 839, 869 HB 336-Zoning and planning ordinances; Act of
1946 amended ------------------------------------------------- 309, 369, 373, 431, 685
Muscogee County
HB 247-Commissioners (quorum; warrants, checks, etc.) ___ ----------------------------------------------- 221, 249, 258, 298, 447
HR 77-2661-Homestead exemption; proposed amendment to the Constitution ----------------------------------------- 225, 341, 349, 629, 865
HB 249-Pension system amended ______________________________ 221, 249, 258, 298, 448 HB 243-Sewerage system ___________________________________________221, 249, 257, 297, 447
HB 246-Street improvements -------------------------------------221, 249, 258, 297, 447 HR 75-License fees and taxes; proposed amendment to Constitution__ 225
Museum
HB 403-State Museum of Science and Industry established --------------------------------------------------------393, 443, 444, 512, 782
INDEX
987
N
Napier, Mrs. Viola Ross First woman, House of Representatives ---------------------------------------------------------- 195
Narcotic Drug Act HB 242-Amendment ----------------------------------------------------------------220, 282, 286, 381
Newton HB 522-Charter --------------------------------------------------------------523, 655, 661, 696, 864
Newton County
HB 569-Commissioner's salary __________________________677, 734, 742, 787, 869, 892 HB 570-Treasurer's salary ________________________________677, 734, 742, 787, 870, 892
Nolan, J. C. HR 111-369e-Compensation to J. C. Nolan for damage to automobile; a resolution ------------------------------------------- ______340, 766, 919
Non-rofit Medical Service Act HB 307-Amendments ------------------ --------------------------------247, 282, 288, 324, 739
Nonresidents SB 9-Venue of actions, nonresident motorists ________________________________________ 147, 156, 207, 228, 234, 849, 868
0
Oglethorpe, Town of SB 120-Clerk and Treasurer ____ -------------------------------------------688, 702, 737, 745
Oil Wells HR 62-Bonus for first oil well; proposed amendment to Constitution__ 189 HR 57-197a-Payment for first commercial well; proposed amendment to the Constitution ____________________174, 237, 248, 716, 865
Old Age Assistance Act
HB 8-Amendment ---------------------------------------------------------------------------------------- 87 HB 328-Amended ________________________ --------------------------------------------------------------------- 279
Optometry HB 140-Practice of, Code 84-1101 amended ______139, 206, 210, 270, 782, 844
Ordinaries. (See Names of Counties)
988
INDEX
Ordinaries
SB 52--Citation, service by publication, Code 24-2115 --------------------------------------------------367, 377, 527, 532, 850
HB 447-Microfilm records in counties of not less than 62,000 ________________________________________________440, 480, 496, 546, 816
HB 280-Retirement system amended __________________________________242, 371, 645, 862
Ordinary, Courts of HB 408-Jurisdiction, Elbert County ---------------------- ____________________________________ 394
Oysters. (See Game and Fish Commission)
p
Parker-White Motor Company HR 25-83a-Compensation for damage to automobile; a resolution ------------------------------------------------------105, 571, 579, 763, 918
Parkerson, M. V. HR 193-Damages ---------------------------------------------------------------------------------------------- 779
Parks HB 542-Appropriation for Fort Yargo State Parks ------------------------------ 566
Parks. (See Resolutions; Named Counties)
SR 5-Chatuge Lake Park; a resolution ________________253, 263, 312, 804, 868 SR 17-Lake Lanier State Park;
a resolution ____________________________________________253, 263, 443, 445, 849, 868 SR 37-Magnolia State Park; license to Federal Government
ratified; a resolution ----------------------------------------------------------------813, 834 HR 169-550a-Pat Griffin Memorial State Park; a resolution
proposing establishment ________________________________567, 663, 798, 799, 920
Parole HB 520-Revocation --------------------------------------------------------523, 572, 580, 730, 864
Pat Griffin Memorial State Park HR 169-550a-A resolution proposing establishment____567, 663, 798, 799, 920
Paulding County HR 89-297i-Law books to ordinary; a resolution________246, 370, 376, 406, 866
Pauper's Affidavits HB 362--Authorized in trial courts ___________________________338, 398, 403, 556, 912
INDEX
989
Peace Officers Annuity and Benefit Fund HB 531-Investments -------------------------------- _____________________564, 681, 688, 769, 916
Peace Officers HB 120-Marking of cars ____________________ ------------------------------------------------ 120, 228
Pensions. (See Firearms; Ordinaries; Policemen; and names of
counties and cities) SB 12-Pension system in cities of more than
150,000; amendments ------------------------------ _199, 213, 237, 250, 263 HR 218-Pension systems study committee; a resolution ________889, 921, 922
Perry HB 356--Salaries of mayor and councilmen ______________337, 369, 375, 419, 686
Persons HB 399-Persons of sound mind defined --------------------------------------393, 571, 578
Pest Control. (See Structural Pest Control Act)
Pharmacy HB 352-Aliens; practice by (temporary licenses) ____336, 399, 402, 772, 912
Piedmont Judicial Circuit SB 47-Solicitor-general's compensation ________________208, 215, 498, 527, 590
Pierce County
HB 507-Commissioners; compensation and expenses ------------------------------------------------------------521, 569, 579, 664, 818
SB 115-Commissioners, compensation and expenses, clerk --------------------------------------------------658, 670, 679, 689, 795
Pike County HB 524-Salary of commissioners' clerk ____________________523, 569, 580, 666, 915
Planning. (See Names of counties and cities)
Planning. (See Municipal Corporations)
Pistols HB 316--License to carry; code 26-5104 amended ______________________278, 842, 493
Plumbing
HB 527-Regulations in counties of 60,000 to 62,000 -----------------------------------------------------------524, 569, 580, 666, 915
990
INDEX
HB 497-Regulations in counties of 135,000 to 150,000 --------------------------------------------------------479, 526, 535, 589, 818
Policemen
HB 410-Age restriction -------------------------------------------------------394, 527, 532, 730 SB 14-Police pensions in cities of 150,000
or more ----------------------------------------------------199, 214, 250, 260, 301, 347
Pope, C. T. HR 72-Compensate ---------------------------------------------------------------------------------------- 224
Ports Authority. (See Georgia Ports Authority)
Poultry, Dead HB 195-Disposal of ---------------------------------------------------------------173, 206, 211, 271
Powers of Sale HB 106--General provisions
------- - 118, 153, 368, 398, 400, 468, 818
Price, C. B. HR 174-Damages
-------------------------------------------------------------------------------------- 568
Price, Mr. and Mrs. T. P. HR 114-3691-Compensation for injuries; a resolution ______340, 443, 767, 919
Principal and Agent SB 53-Agent's liability to third parties; Code 4-410 _______________________
____________404, 422, 738, 743, 90:.
Prisoners
HB 150-Service of sentence, Code 27-2506 amended ________________140, 251, 255 SB 109-Counties to feed _____________________________________________________________658, 669, 823
Prisons
HR 103-lncrease of prison population, commission to study; a resolution ____________________ ------------------------------------------------------------------- 334
HR 43--Jails and Prisons, inspection ---------------------------------- _______________154, 399
Probation Sentences
HB 117-Revocation and modification; Code 27-2705 amended __________________________119, 176, 179, 217, 531, 824
Process-Service HB 402-Code Section 81-202 amended ------------------------------------------------393, 735
INDEX
991
Programs Study Committee SR 19-State Programs Study Committee established; a resolution ______________________________________________________ 253, 264, 322, 371, 380
Property, Public. (See Public Buildings and Property)
Prosser, J. B. HR 55-Damages ________ --------------------------------------------------------------------------------- 173
Public Buildings and Property HB 9-Grand jury inspection; Code 59-319 amended ______________________________________87, 124, 125, 158, 368
Public Health Centers HB 7-Grant to hospitals and public health centers ________________________________________________________85, 153, 390, 568, 727, 911
Public Roads. (See Highways)
Public Safety, Department of HB 404-Uniform division ________393, 484, 492, 551, 813, 847, 853, 855, 868
Public Schools. (See Education)
Public Service Commission
HB 303-Rules and Regulations relating to Railroad employees ___________________________________________________________ 247, 343, 356
HB 364-Venue of Actions of Appeals; code sections 93-211, 93-502 amended -------------------------------------------------------------------- 338
HB 578-Certificates of public necessity _________________________________________________ 734
Publication of Names HB 49-Certain crimes --------------------------------------------------96, 124, 125, 209, 360
Pulpwood HB 179-Uniform method for purchase ______________________________________170, 334, 342
Putnam County SB 122-Commissioners
--------------------------------------- ----------------------740, 748
Q
Quails
HB 518-Breeding for commercial purposes ______________________________ 523, 671, 735 HR 221-Shipment of quails to President Eisenhower
authorized; a resolution ---------------------------------------- __________________ 901, 921
992
INDEX
R
Rabies. (See dogs)
Railroads
HB 302-Windshields and tops on track cars operated by common carriers ________________________________________________247, 343, 356, 462
HB 303-Public Service Commission; rules and regulations relating to employees ----------------------------------------------------- 247, 343, 356
Recording. (See deeds)
HB !56-Photographic recording in counties of not less than 31,000 ----------------------------------------------141, 228, 232, 261, 781
HB 122-Records of property instruments in counties of 55,000 to 62,000; Code 24-2715 amended ____________________ 120, 249, 254, 289, 682
Reidsville City Court HB 473-Amendments
---- ---------------------------------------------------474, 655, 694
Registration. (See Elections)
Religious Groups. (See Taxation)
Retirement. (See Firemen; Ordinaries; Policemen; and names of cities and counties )
SB 12-Pension system in cities of more than 150,000;
amendments ------------------------------------------------------199, 213, 237, 250, 263
HB 181-Superior Court Judge Act
amended
____________________________________170, 228, 232, 238, 325, 447
Revenue Commissioner
HB 460-Eligibility for elective and appointive offices ________________________________________________________________472, 538, 656, 725, 913
HB 269-Appeals from Order, Rulings, etc. ------------------------------------------------ 225
Richmond County
HB 556-Board of education; compensation of members ______________________________________________________654, 679, 689, 746, 916
HR 82-297b-Construction of streets; proposed amendment to the Constitution __________________________________________ 245, 341, 349, 634, 866
HB 330-County physician (Tenure Act amended) ---------------------------------------------------------280, 312, 315, 353, 685
HB 480-Clerk Superior Court; fees __________________________475, 526, 534, 586, 863 HB 161-Department of health __________________142, 249, 250, 290, 322, 407, 683
Rincon HB 289-Corporate limits ______________________________________________243, 282, 287, 316, 489
INDEX
993
Riverdale HB 228-Streets and sidewalks, zoning _____________________203, 250, 257, 295, 488
Roads. (See Highways)
HB 103-Employment by county or Surveyor or Civil Engineer to locate; Code 95-206 amended ----------------------------117, 368, 397, 400
Roads, Public. (See Highways)
Rockdale County
HB 454-Commissioner's salary _________________________________471, 526, 535, 583, 913 HB 455-Compensation of sheriff, ordinary, clerk of superior court,
and deputies ______________472, 526, 535, 583, 869, 882, 885, 886, 900
Rockdale Superior Court
HB 455-Compensation of clerk _____________________472, 526, 535, 583, 869, 882, 885, 886, 900
Rome HB 384-Corporate limits ____________________________________________365, 484, 491, 539, 814 HB 577-Pension system ------------------------------------------678, 736, 742, 789, 918
Roswell HB 367-Corporate limits --------------------------------------------339, 483, 491, 539, 739
Rural Roads Authority Act HB 198-Creation of --------------------------------------------187, 208, 211, 239, 405, 423
s
St. Marys HB 23-Corporate limits ------------------------------------------------89, 108, 111, 128, 230
Sales Tax. (See Taxation)
HB 183-Act amended, religious papers -------------------------------------------------------- 170 HB 213-Casual and isolated sales ______________________________189, 229, 213, 460, 548 HB 501-Exemption of mediums, funeral supplies and Bibles ________________ 520
Savannah
HB 97-City manager ------------------------------------------------------------116, 176, 178, 308 SB 28-Civil service system amended ____________200, 214, 250, 260, 317, 490 SB 45-Elections, registration of voters ________200, 208, 214, 251, 261, 321 HB 264-Industrial and water supply commission ____223, 250, 259, 301, 489 SB. 72-Pension system ________________________________________________486, 500, 737, 744, 790
994
INDEX
Savannah Airport Commission HB 317-Act of 1952 amended _____________________________________278, 312, 313, 352, 685
Savannah District Authority SB 62-Establishing Act --------------------------------------------345, 355, 370, 376, 416
Savannah Metropolitan Planning Commission SB 90-Establishing Act ------------------------ ___________________574, 591, 679, 690, 746
Savannah, Municipal Court of HB 320-Sheriff and deputies, service, peace and good behavior warrants ________________________________278, 312, 313, 353, 685
Schools. (See Education)
Schools
HR 108-School Buildings and Property Insurance; proposed amendment to constitution ____________________________________339, 396
HB 411-Accredited Schools -------------------------------------------------394, 481, 493, 557 HB 139-Compulsory Attendance Act amended ----------------------------,------------- 138
HB 143-Age of admission of pupils to; Code Section 32-937 amended ____________________139, 175, 179, 217, 531, 707, 783, 806
HB 351-Requirements for Business or Commercial
Schools --------------------------------------------------------------------------------336, 397, 402 HB 451-Consolidation --------------------------------------------------------------- ______441, 481, 496 HB 376-Teachers to take oath; mixed races _____________________________________ 364
HR 31-Memorialize Congress
__________________________________105, 147, 157, 200
Screven County HB 22-0rdinary's compensation ______________________89, 128, 175, 177, 191, 284 HB 260-Search, seizure and arrest; evidence obtained ------------------------------------------------------------223, 282, 287, 431, 739
Securities. (See Minors)
Seeing Eye Dogs. (See Blind persons)
Sentences. (See Probation Sentences)
HR 213-Instructions as to effect of escape or attempt to escape; a resolution ______________________________________________________________857, 921
HB 520-Parole; revocation __________________________________________523, 573, 580, 730, 864
Service. (See Ordinaries)
Service of Process HB 402-Code 81-202 amended -------------------------------------------------------------393, 735
INDEX
995
Sessoms, Frank S.
HR 158-528e.-Frank S. Sessoms Memorial Highway designated; a resolution ________________________________524, 570, 580, 666, 920
Sheats, Mildred P.
HR 161-528f-Reversion of lands granted to Georgia Commission on Alcoholism __________________525, 571, 581, 798, 799, 920
Sheriffs. (See Names of counties) HB 121-Fees; Code 24-2823 amended ________________120, 213, 227, 507, 870, 883
Shrimp. (See Game and Fish Commission)
Slum Clearance SB 66-Urban Redevelopment Act ________404, 423, 497, 573, 807, 839, 869
Small Loans
HB !51-Industrial Loan Act _____140, 144, 371, 372, 504, 820, 846, 852, 853, 876, 877, 911
Smyrna
HB HB HB HB
528-Corporate limits ______________________________________________524, 655, 661, 696, 864
134-Eminent domain ----------------------------------------------122, 176, 179, 194, 309 132-Qualifications of mayor and councilmen ___122, 176, 179, 193, 308 427-Tax rate ___________________________________________________________.437, 483, 494, 542, 815
Smith, Maitland HB 60-211a-Compensation for damages to automobile; a resolution ----------------------------------------------------------------340, 443, 767, 919
Social Security HB 338-0fficers and employees of political subdivision included _______ 310 HB 532-Employees of political subdivisions ______________________________564, 681, 688
Soil Conservation Committee HB 52-Powers and duties __________________________________________100, 123, 125, 216, 487
Southern Railway Company HB 370-Land conveyance to, by City of Macon, ratified _____________________________________________________________340, 369, 375, 421, 686
Southern Regional Education Compact HR !54-Delaware and Virginia as parties; a resolution __________________515, 575
996
INDEX
Spalding County
HB 332-Contingent expenses; allowance for commiSSioners ------------------------------------------------------------280, 315, 353, 685
HB 365-Griffin-Spalding County Board of Education; elections ______________________________________338, 369, 375, 420, 781
Spivey, F. L. HR 76-266g-Compensation for damage to automobile; a resolution ______________________________________________________225, 537, 571, 765, 919
State Bar. (See Attorneys at Law) HR 126-State Government and Administration, Committee to study ___________________________________________________________________433, 572
State Examining Board HB 308-Licensing; illegal practitioners ____________________248, 282, 288, 325, 382
State Rail of Fame SR 7-Rotunda of State Capitol designated as; a resolution ______208, 217
State Highway Board. (See Highway Board)
State Literature Commission SB 70-Amendments ____________________________________________________486, 500, 796, 812, 888
State Militia HB 36-Military Forces Reorganization Act ----------------------------------------------------94, 108, 111, 137, 157, 253, 264
State Museum. (See Museum)
Stone Mountain HR 35-Acquisition by State for memorial; a resolution ________114, 134, 759
State Office Building Authority
HB 350-Confederate Soldiers' Home property; bond limit __________________________________________________________311, 444, 444, 510, 912
HB 1-State Highway Board, established ____________________________________74, 91, 109 HB 545-Powers and duties; code 95-1605 amended __________________566, 812, 820 HB 495-State Property Insurance Board established ---------------------------- 477
State Warehouse Act. (See Warehouses)
HB 312-Stream pollution ------------------------------------------------------------- __277, 343, 348 HB 145-Structural Pest Control Act _______________139, 266, 442, 651, 708, 911 HB 464-Subversive Activities Act of 1953 amended ________________473, 572, 579
INDEX
997
Superior Courts. (See Names of courts and circuits)
HB 96--Compensation of judges; Act of 1953 amended __________________________________________________107, 145, 149, 216, 405
HB 11-Compensation of reporter in counties of more than 450,000 _____________________________________________87, 108, 110, 127, 284
HB 275-Fees of clerks; Code 24-2727 amended ______ 241, 398, 401, 468, 781 HR 13-34a-Judges Emeritus; powers and duties; proposed
amendment to the Constitution ______________________90, 248, 258, 463, 864 HB 74--Judges Emeritus Act amended ---------------------------------------------------- 103 HB 175-Judges Emeritus Act amended ____144, 228, 232, 238, 398, 461, 501 HB 199-Chaplains ------------------------------------------------------------------187, 207, 211, 768 HB 313-Clerk's Retirement System, amendment _____________________277, 498, 527 HB 502-Reporters Emeritus Act amended ------------------------------------------------ 520 HB 480-Clerks fees in certain counties ____________________475, 526, 534, 586, 863
Supervisor of Purchases
HB 461-Eligibility for elective and appointive offices; Code 40-1901 amended ________________________________472, 527, 535, 725, 913
Supreme Court
HR 13-34a-Justices emeritus; powers and duties; proposed amendment to the Constitution ______________________90, 248, 258, 463, 864
Suwanee HB 379-Bonded indebtedness ______________________________________364, 529, 532, 582, 813
Surveyors
HB 103-Employment by counties. Code 95-206 amended -------------------------------------------------------117, 368, 397, 400
HB 177-Registration and license (proceedings to enforce Act) ----------------------------------------------------169, 344, 347, 432, 862
Swainsboro
HB 251-Registration of voters, elections __________________222, 250, 259, 299, 489
Sylvania
HB 21-Recorder's court ----------------------------------------------------------89, 108, 110, 253
T
Taliaferro County HB 369-Compensation of chairman of commissioners ------------------------------------------339, 368, 375, 421, 686 HR 112-369f-Grant of easement to board of education ratified; a resolution ----------------------------340, 443, 445, 731, 747, 919
Tallapoosa Judicial Circuit HB 428-Assistant solicitor-general __________________________437, 538, 572, 663, 815
998
INDEX
Talmadge, Herman E. Address -------------------------------------------------------------------------------------------------------- ___________ 34
Tariff
HR 186-Federal tariff policy; memorial to Congress; a resolution ----------------------------------------------------------------------------------758, 866
SR 45-Tariff legislation, memorial to Congress; a resolution ______781, 803
Taxation. (See Income tax)
HB 9~Banks and banking associations; Code
92-2406 amended
_________________________117, 383, 480, 752, 853, 854
HB 465-Cigars and cigarettes ____473, 530, 536, 652, 722, 867, 881, 895, 896, 905, 918
HB 82-County tax levies ------------------------------------------------------104, 145, 149, 182 HB 261-Counties; indigent sick -------------------------------------------------------------------- 223 HB 499-Dealers in gun shells ______________________________________479, 538, 573, 769, 914 HB 48-Exemption of religious groups, etc. ______________________96, 208, 330, 487
HB 136-Exemption for Tobacco curers; motor fuel ---------------------------------- 337
HB 136-Homestead exemption; Code 92-233
amended ------------------------------------------------------------123, 145, 149, 197, 346
HB 416-Income tax; Code 92-3109 amended ____________396, 485, 493, 548, 819
HB 146-Intangible Property Tax Act
amended
_______________________________ 139, 183, 371, 425, 456, 812, 830
HB 517-Intangible Property Tax Act amended ______522, 655, 661, 695, 864
HB 375-Intangible property tax; collection ____________363, 484, 491, 557, 912
HB 539-lntangible Property tax act __________________________________565, 656, 662, 799
HB 221-Motor Fuel tax Act amended (Code 92-1407, refunds) ______________________________ 202, 372, 372, 729, 862
HB 214-Sales Tax Act amended (contractors) ________________________189, 229, 213, 459, 783, 824, 853, 854
HB 137-Suspension of collection of ad valorem taxes; executive order ________________________________________________123, 145, 150, 198, 346
HB 268-Tax refunds ____________________________________________________225, 390, 444, 552, 862
HB 171-Wines ----------------------------------------------------------------------143, 397, 400, 510
Tax Receivers and Collectors
HB 270-Commissions _____ ------------------------------------------------- _____ 225, 397, 400, 511 HB 534-Place of collections; Code 92-4901 amended -------------------------------- 564 HB 535-Place of Receiving returns ____________ --------------------------------------- 565
Tattnall County
HB 468-Commissioners
_____________________________________474, 537, 679, 701
HB 468-Salaries in lieu of fees for officials ___________________474, 537, 679, 700
Teacher Retirement System
HR 58-Committee to study --------------------------------------------------------------------183, 582 HB 360-Computation of Service _------------------------------------------- ______338, 397, 403 HB 361-Service in other States, etc. -------------------------------------------338, 397, 403
INDEX
999
Telfair County HB 267-Salary of commissioner's clerk ____________________ 225, 312, 313, 350, 575
Thomas County
SR 29-Law books to law library; a resolution ------------------------------------ ________________659, 670, 737, 743, 791
Thomaston
HR 140-495e-Land conveyance to authorized; a resolution -------------------------------------------------------.4 78, 571, 579, 770, 920
HB 229-Mayor and councilmen; salaries __________________203, 250, 257, 296, 488
Tifton HB 230-City commissioners ------------------------------------------204, 250, 257, 296, 283
Title. (See Land)
Tobacco. (See Cigars and Cigarettes)
HB 62-Auction Sales ---------------------------------------------------------------------------------- 102 SR 25-Control of inferior grades on market______________________________________309, 334 HB 42-Warehouses, opening date, days of operation, etc. -------------------- 95 SB 32-Flue-cured leaf tobacco sales ------------------------ ________________________345, 354
Toms, Marion Elected Door Keeper of House ---------------------------------------------------------------------------- 27
Todd, Theolia HR 84-Compensate ----------------------------------------------------------------- ____________________ 245
Trade-Marks SB 31-Injunction to protect ------------------------------------367, 377, 480, 497, 855
Traffic
SR 24-Safety campaigns, citizens commended ---------------------------------------- 309 HB 188-Uniform Act Regulating Traffic amended (adoption
by cities and local authorities) _________171, 282, 286, 511, 687, 705
Traffic Courts HB 15-In cities of 300,000 or more ____________________________88, 344, 347, 377, 682
Trapping. (See Game and Fish Commission)
Trash. (See Highways)
HB 419-Throwing or depositing on public roads or property ------------------------------------------- ______436, 485, 494
1000
INDEX
Trials HB
63-Improper argument (reference to possibility of pardon, parole, etc.) ________________________________________102, 207, 209, 270, 487
Troup County
HB 25-Compensation of clerk of superior court, sheriff, ordinary and tax commissioner and of their deputies and assistants __________________________89, 145, 147, 180, 284
Trust Companies HB 197-Taxation ---------------------------------------------------------------------------------------173
Turnpike Authority HB 68-Act of 1953 repealed ______________________________________103, 177, 177, 191, 576 HB 72-Act repealed ---------------------------------------------------------------------------------------- 103 HB 73-Act repealed ---------------------------------------------------------------------------------------- 103
u
Unemployment Compensation. (See Employment Security) HB 286-Weekly Benefit amounts ------------------------------------------------------------------ 243
Uniform Act Regulating Traffic HB 188-Amended (adoption by cities and local authorities) ------------------------------------171, 282, 286, 511, 687, 705
Uniform Criminal Extradition Act SB 88-Amended; Code 44-303 repealed ____________________657, 668, 681, 690, 878
Uniform Support of Dependents Act HB 335-Amendment ----------------------------------------------309, 355, 399, 402, 721, 733
Union Company Soils Club, Inc. HR 163-Damages --------------------------------------------------------------------------------------525, 671
University System HB 206-Building Authority, appropriations ---------------------------------------------- 188 SB 68-Employment of Aliens ____________________________________574, 590, 681, 689, 884
Urban Redevelopment SB 66-Act ___________________________________________________404, 423, 497, 573, 807, 839, 869
INDEX
1001
v
Valdosta
HB 266-Charter Amendments ______________________________________224, 250, 260, 301, 783 HB 265-Taxation __________________________________________________________224, 250, 259, 299, 489
Valdosta, City Court of HB 157-Judge's salary ---------------------------------- _______________141, 177, 179, 194, 309
Vandiver, Ernest Oath of Office -------------------------------------------------- ------------------------------------------------- 44
Vann, Chief Joseph HR 185-Joseph Vann, Highway designated in honor of--------------------------- 734 HR 190-Joseph Vann Highway designated; a resolution ________________759, 853
Verner, George H., Arthur E. and Annie E. HR 100-Damages --------------------------------------------------------------------------- _________________ 311
Veterans HR 147-Farm training programs; memorial to Congress; a resolution --------------------------------------------------------------514, 682, 690, 759 HB 491-Motor Vehicle License tags __________________________________________A77, 736, 743 HR 125-Payments to; proposed amendment to Constitution ____________396, 809 HR 97-Seperation of veterans from other patients at Milledgeville State Hospital; a resolution __________________________ 281, 371, 380, 449, 922
Veterans Service, Department of HB 463-Director's eligibility for elective and appointive offices ____________________________________________473, 530, 536, 726, 914
Visually Handicapped Commission HB 282-Establishment of _____________________________________________242, 304, 444, 651, 708
Vital Statistics HB 315-Removal or disposal of dead bodies _____________________277, 399, 402, 800
Vocational Education HR ISS-Appropriations under George-Barden Act; a resolution ____758, 866
Voters' Registration Act
SB 20-Amended (restrictions on county registrars) --------------------------------174, 182, 344, 349, 836, 870
1002
INDEX
Voting Machines. (See Elections) SB 91-Certain cities ------------------------------------------------------------688, 690, 702, 823
w
Wadley HB 414-Elections, sewers and drainage ____________________395, 483, 493, 541, 814
Walker, J. D. HR 124-Damages -------------------------------------------------------------------------------------------- 395
Walton, George SR 6-Bust in Georgia Hall of Fame; a resolution ---------------------------------------------------- _253, 263, 443, 445, 804
Walton County HB 560-Commissioners; purchases, contracts, etc. ____676, 735, 741, 785, 917
Ware County
HB 476-Waycross and Ware County Development Authority __________________________________475, 526, 533, 585, 817
Warehouses
HB 66-Act of 1953 amended (fees, receipts) ------------------------------------------102, 208, 209, 268, 420, 449, 461
Warm Air Heating Contractors HB 220-Licensing --------------------------------------------------------------------------202, 538, 572
Warner Robins
HB 59-Corporate limits, mayor and council, wards, elections, ad valorem tax, budgets, health, parks ----------------------------------------------101, 190, 212, 346
Warren County SB 63-Commissioner's clerk
____________________________ _446, 453, 480, 497, 546
Warrenton
HB 244-Cemetery tax ----------------------------------------------------221, 250, 257, 297, 488 HB 479-City limits ________________________________________________________475, 527, 534, 586, 817 SB 97-Corporate limits ---------------------------------------------657, 669, 737, 743, 790 HB 258-Marshal --------------------------------------------------------------223, 250, 259, 300, 489
Washington County HB 382-Commissioners' compensation ________________________364, 397, 403, 450, 814
INDEX
1003
HB 380-County council ------------------------------------------------364, 397, 403, 450, 814 HB 257-Tax commissioners -----------------------------------------222, 312, 313, 350, 684
Washington Superior Court HB 381-Terms ---------------------------------------------------------------364, 397, 403, 450, 781
Water Law Revision Commission HR 131-449e-A resolution ____________________________________441, 485, 497, 556, 870, 885
Waterways Commission, Act
HB 337-Act ------------------------------------------------------------------------------309, 342, 348, 381
Waycross
HB 386-Corporate limits ---------------------------------------------365, 483, 491, 540, 814 HB 217-Taxation ----------------------------------------------------------202, 250, 256, 294, 683 HB 476-Waycross and Ware County
Development Authority _________________________________475, 526, 533, 585, 817
Waycross Judicial Circuit SB 105-Solicitor-general's salary ______________________________658, 669, 738, 743, 790 HB 506-Solicitor-general's salary ______________________________521, 568, 579, 664, 818
Wayne County HB 301-Compensation of sheriff, ordinary, clerk of superior court and of tax commissioner ______________________________________________246, 312, 313, 352, 575
Wayne Superior Court HB 301-Clerk's compensation ______________________________________246, 312, 313, 352, 575
Wells, Abandoned HB 241-Define ------------------------------------------------------------- __________220, 283, 286, 357
Western and Atlantic Railroad
HR 170-550b-Intervention by Public Service Commission in Interstate Commerce Commission Finance Docket No. 18845; a resolution ______________567, 738, 759, 853
Western and Atlantic Railroad Committee SR 39-Services to; a resolution, thank ---------------------------------------------------- 531
Wheeler County
HR 32-84b-Board of education; proposed amendment to the Constitution ------------------------------------------106, 341, 348, 617, 685
1004
INDEX
White County
HB 575-Commissioners; salary of chairman and of clerk ----------------------------------------------678, 734, 742, 788, 870, 893
White House of Augusta
HR 144-Acceptance as historical site; a resolution --------------------------------------------------------513, 680, 690, 778, 920
Whitfield County
HB 207-Commissioner (candidacy) ------------------------------188, 227, 233, 262, 576 HB 210-Tax commissioner --------------------------------------------188, 227, 233, 262, 576
Whittaker, George D. HR 88-Compensation to; a resolution ______________________246, 571, 578, 766, 919
Wiggins, Darrell
HR 118-Compensation for damage to automobile; a resolution -----------------------------------------------------366, 571, 578, 767, 919
Wilcox County HB 288-Commissioners' compensation ________________________243, 312, 313, 351, 575
Wildlife. (See Game and Fish Commission) Wildlife Expermient Station
HR 120-Sale of land; a resolution ____________________366, 443, 445, 798, 799, 919
Wilkes, R. G. HR 142-Damages ----------------------------------------------------------------------------------------- 478
Williams, W. A. HR 92-Damages ---------------------------------------------------------------------------------------------- 280
Willingham, Harold Elected Speaker Protempore ------------------------------------------------------------------------------- 23
Wills HB
41-Probate in solemn form; Code 113-607 amended ------------------------------------------------------95, 175, 177, 195, 449, 454
Wines HB 171-Taxation -------------------------------------------------------------143, 397, 400, 510
INDEX
1005
Winterville
HB 435-Charter ---------------------------------------------------------_438, 483, 495, 543, 815
Witnesses HB 401-Fees; Code 38-1501 amended ______________________________393, 492, 558, 863 HB 374-Uniform Act to secure the attendance of from within or without the State in criminal proceedings ----------------------------------------------------------363, 398, 403
Woodruff, Hon. J. W., Sr. HR 122--Commended for services to State; a resolution ____________________384, 449
Workmen's Compensation
SB 43-Amendments (Code 114-404-114-406, 114-413, 114-501) _______________________________445, 453, 498, 528, 547, 660
HB 105-Amounts of compensation --------------------------------------------------------------- 117 HB 295-Board; compensation of chairman ---------------------------------------------- 244 SR 33-Committee to study;
a resolution ___________________________404, 423, 573, 578, 673, 763, 868, 923 HB 310-Compensation for disfigurements;
code section 114-406.1 added ----------------------------------------------------------- 276 HB 452-Employee defined-Code 114-101 amended--------------------------------- 442 HB 324-Employment Security, Act of
1937 amended --------------------------------------------------279, 343, 348, 379, 739
Workmen's Compensation Board
HB 364-Venue of Actions & Appeals Code Sections 114-710 amended ------------------------------------------------------------------------------ 338
Wright, Tom
HR 194-Compensate
780
y
Year's Support
HB 109-Bar by remarriage or death of widow --------------------------------------118, 390, 527, 595, 812, 825
HB 108-Bar by sale or conveyance __________118, 153, 389, 400, 527, 593, 818 HB 112--Minor's right barred by
marriage or death -------------------------------------------118, 390, 527, 867, 893
z
Zoning. (See Names of Counties and cities)
HB 458-Municipal Zoning Act of 1946 amended ________________________472, 572, 578 HB 336-Regulations -----------------------------------------------309, 369, 373, 431, 685
Part Ill
HOUSE RESOLUTIONS
HR !-Organization of House--------------------------------------------------------------------- 20 HR 2-Notify Governor House has organized ---------------------------------------- 20 HR 3-Compensation of attaches of House --------------------------------------------- 20 HR 4-Adoption of Rules of House ---------------------------------------------------------- 21 HR 5-Canvassing election returns --------------------------------------------------------21, 30 HR &-Inauguration Committee -------------------------------------------------------------22, 31 HR 7-Escort Governor Marvin Griffin to Inauguration _______________ 22, 31
HR 8-Joint Session ----------------------------------------------------------------------------------22, 31 HR 9-Rep. R. E. Chastain, illness ------------------------------------------------------------ 30 HR 10-Compensation to Alley Jarrard for damages to trucks ____________ 74 HR 11-B. H. Hodges illness _---------------------------------------------------------------------- 85 HR 12-Garden Clubs of State commended ________________________________________85, 112 HR 13-Judges Emeritus; powers and duties __________90, 248, 258, 463, 864 HR 14-Election of County School Superintendents by people __________91, 452 HR 15-Chatuge Lake-Mountain Park designated ___________________91, 229, 233 HR 16--U. S. Supreme Court, Congress to investigate -------------------------- 91 HR 17-U. S. Supreme Court, Senate to reject appointments of
members without previous experience ____________________________________91, 145 HR 18-J. H. Mull, condolence to members of family of________________________ 92
HR 19-Hon. Roberts "Bob" Scoggin, congratulate ---------------------------------------HR 20-Land in Dawson County, authorize
Governor to sell ------------------------------------------------96, 229, 233, 274, 531 HR 21-Bibb County-Police civil service
system ------------------------------------------------------------------96, 526, 532, 598, 864 HR 22-Highway Board, election of successor to Jim L. Gillis ________97, 112 HR 23-Memoralizing Congress for consideration of
state schools --------------------------------------------------------------101, 146, 154, 200 HR 24-Atkinson County; refunding bonds ____101, 334, 341, 348, 637, 865 HR 25-Compensation to Parker-White Motor
Co. ----------------------------------------------------------------------105, 571, 579, 763, 918 HR 26--Law books to Dougherty Superior
Court ------------------------------------------------------------------105, 207, 211, 234, 448 HR 27-Law books to Ordinary of Dougherty
County --------------------------------------------------------------105, 207, 211, 234, 448 HR 28-Ashburn; Tax for promotion of
industries -----------------------------------------------------------105, 248, 258, 615, 865 HR 29-Law books to Marion Superior Court__________l05, 207, 211, 235, 448 HR 30-Law books to Ordinary of Marion
County ----------------------------------------------------------------96, 229, 233, 274, 531 HR 31-Memoralizing Congress for consideration of
State schools ______________________________________________________________105, 147, 157, 200 HR 32-Wheeler County Board of Education ________106, 341, 348, 617, 865 HR 33-Joint Session to hear message from Gov. Griffin ______________113, 134
HR 34-Investigate Firemen's Association -------------------------------------------------------HR 35-Stone Mountain; acquisition by State
for Memorial ----------------------------------------------------------------------114, 134, 759
INDEX
1007
HR 36-Separation of races in Federal armed
forces --------------------------------------------------------------------------121, 176, 183, 208 HR 37-Reversion of certain Forestry Commission land to
Gair Woodlands Corp. --------------------------------------121, 229, 233, 274,687 HR 38-Bolden S. Cobb Bridge; designated ____122, 680, 690, 747, 895, 896 HR 39-Compensation to Oliver B. Humphrey for
damages to automobile ________________122, 443, 445, 763, 895, 897, 902
HR 40-Compensation to Mrs. J. W. Low for damages to automobile____l22
HR 41-Hon. R. E. Chastain; oath of office ---------------------------------------------- 130 HR 42-Hon. Alben W. Barkley, invited to address
Joint Session --------------------------------------------------------------------------------131, 174 HR 43-Prisons and Jails, committee to investigate _______________________154, 399
HR 44-Proposed Constitutional Amendments; committee
to study ----------------------------------------------------------------------------------------154, 399 HR 45-Preservation of Wildlife; committee to study ____________________155, 399
HR 46-Press gallery; committee to study
erection of --------------------------------------------------------------------------155, 344, 923 HR 47-Public address system; committee to study
installation of ------------------------------------------------------------------------------155, 399 HR 48-Bust of Stonewall Jackson in Hall of Fame,
New York City ----------------------------------------------------------------------------155, 200 HR 49-Cumberland Island; name portion of in honor of
Marvin Griffin ----------------------------------------------------------------------------156, 200 HR 50-Compensation to Mrs. Anna Belle Montegut for
damages to automobile -------------------------------------------------------------------- 172 HR 51-Law books to Ordinary of Clinch County____l72, 207, 212, 236, 448 HR 52-Compensation to Paul Fouts for
damage to barn ------------------------------------------------172, 443, 445, 764, 918 HR 53-Law books to Ordinary of Meriwether
County ----------------------------------------------------------------172, 207, 212, 237, 448 HR 54-Gordon County; Governor to sell lands in____l72, 173, 225, 233, 275 HR 55-Compensation to J. B. Prosser for damages to automobile _______l73 HR 56-Compensation to Eugene Reese for damages to automobile _____l73 HR 57-Payments for first commercial oil well _____174, 237, 248, 716, 865 HR 58-Teachers Retirement System; committee to study ______________183, 582 HR 59-National Junior Chamber of Commerce, commend ___________183, 209 HR GO-Compensation to Maitland Smith for
damages to auto ----------------------------------------------189, 484, 497, 764, 919 HR 61-Effingham County Board of Education______l89, 341, 348, 620, 865
HR 62-Reward for first commercial oil well -------------------------------------------- 189 HR 63-Firemens investigation; provide expenses for -------------------------- 198 HR 64-Compensation to Lillie Ruth L. Bascom for
damages to truck ------------------------------------------------------------------------------ 204 HR 65-Compensation to Roy Hill for personal damages ________________205, 865 HR 66-McDuffie County Board of Education _______205, 341, 348, 623, 865
HR 67-Public utilities; committee to study ---------------------------------------------------HR 68-Compensation to Emma Mae Bell for death of Douglas BelL____204
HR 69-Legislative service; resume -------------------------------------------------------------------HR 70-Chatham County; streets,
sidewalks, etc. ----------------------------------------224, 341, 349, 627, 865, 902 HR 71-Compensation to J. Sherwood Clements for automobile ____________ 224
HR 72-Compensation to C. T. Pope for loss of mule ---------------------------- 224 HR 73-Compensation to Orner E. Craven for
damages to automobile __________________________________224, 571, 578, 764, 919
HR 74-Compensation to Mrs. W. A. Johnson for personal injuries______ 224
1008
INDEX
HR 75-Muscogee County Commissioners; proposed amendment
to constitution ------------------------------------------------------------------------------------ 225 HR 76-Compensation to F. L. Spivey for
damages to automobile __________________________________ 225, 537, 571, 765, 919
HR 77-Muscogee County; homestead exemption____225, 341, 349, 629, 865 HR 78-Dougherty County; fire protection ____________ 226, 341, 349, 631, 866 HR 79-Hon. Robert Tyre Jones, Jr., commended --------------------------- 238, 308 HR 80-Hon. Thomas Palmer; sympathy and condolence ______________________ 238 HR 81-Compensation to Mr. and Mrs. Henry Harold Hill
for injuries ________________________________________________ 245, 571, 578, 765, 919
HR 82-Richmond County; construction of streets _______________________________________________________________ 245, 341, 349, 634, 866
HR 83-Comopensation to Horace Evans, Sr., for injuries ________________ 245 HR 84-Compensation to Theolia F. Todd for death of son ____________________ 245 HR 85-Compensation to Douglas and Dorothy Brooks
for damages to property _______________________ ----------------------------------- 245
HR 86-Land conveyance to City of Hazlehurst
authorized --------------------------------------------------- ____ 245, 312, 315, 428, 576 HR 87-Back salary to Trooper Dessie Griffin _______________________ 245, 484, 497 HR 88-Compensation to Geo. D. Whitaker ____________ 246, 571, 578, 766, 919 HR 89-Law books to Ordinary of Paulding
County ______________________________________________________________246, 370, 376, 406, 866
HR 90-Compensation to A. C. Bennett for damages to property__________ 246 HR 91-Compensation to James F. Chance; damages
received at Milledgeville State Hospital ---------------------------------- 247 HR 92-Compensation to W. A. Williams for personal injuries __________ 478 HR 93-Law books to Ordinary of Haralson
County ------------------------------------------------------------------------280, 370, 376, 406 HR 94-Compensation toW. B. Hardie for destruction of property______ 280 HR 95-Georgia Law Enforcement Commission, create __________________280, 285 HR 96-Law books to Haralson Superior Court ____281, 370, 376, 406, 687 HR 97-Separation of Veterans from other patients at Milledgeville
State Hospital; committee to study ____________281, 371, 380, 449, 922
HR 98-Macon Telegraph, commend ----------------------------------------------------304, 346 HR 99-Hon. C. W. Willingham; wishes for a speedy recovery
from illness ----------------------------------------------------------------------------------- 305 HR 100-Compensation to Geo. H., Arthur E. and
Annie E. Verner for damages to home _________________________________________311
HR 101-Committee hearings; committee to study method of
improving ----------------------------------------------------------------------------333, 399, 592 HR 102-Compensation Bills in General Assembly, study between
sessions, State Claims Advisory Board ---------------------------------------- 334 HR 103-Increase of Prison population, commission to study __________________ 334 HR 104-Georgia Official and Statistical Register;
Secretary of State to prepare -------------------------------------------------------- 334 HR 105-General Assembly; provide official photographer _______________ 334 HR 106-Fulton Delegation and Mayor Hartsfield, thank for
entertainment ------------------------------------------------------------------------------------ 334 HR 107-Compensation to Lincoln Fortune for damages to
truck and seafood ------------------------------------------------------------------------------ 339 HR 108-State School Systems ----------------------------------------------------------------339, 396 HR 109-lnsurance, school buildings; funds for; amendment
to Constitution ----------------------------------------------------------------------------339, 396 HR 110-Compensation to Miles V. Golden for damages
to auto and self ------------------------------------------------------------------339, 571, 578
INDEX
1009
HR 111-Compensation to J. C. Nolan for damages
to automobile --------------------------------------------------------------------340, 766, 919 HR 112-Grant of easement to Taliaferro County Board of
Education ratified __________________________________340, 443, 445, 731, 747, 919
HR 113-Compensation to Dewey L. Miller for damages
to automobile ------------------------------------------------------------------------------340, 445 HR 114-Compensation to Mr. and Mrs. T. P. Price
for injuries ----------------------------------------------------------------340, 443, 767, 919 HR 115-Sympathy to family of Hon. E. M. Davis---------------------------------- 358 HR 116-Georgia Tech Basketball Team commended -------------------------------- 360 HR 117-Compensation to Thulia Lindsley for personal injuries__________ 366
HR US-Compensation to Darrell Wiggins for
damages to auto ----------------------------------------------366, 571, 578, 767, 919 HR 119-Law books to Liberty Superior Court_______366, 529, 532, 582, 819
HR 120-Sale of land in Terrell and Dougherty Counties (Georgia Experiment Station) ____________________________________________________366, 443, 445, 798, 799, 919
HR 121-Board of Regents; committee to investigate
financial status --------------------------------------------------------377, 572, 577, 672 HR 122-Hon. J. W. Woodruff, Sr., commended _________________________________384, 449
HR 123-Governor to convey land to Johnson County ______________395, 443, 445 HR 124-Compensation to J. D. Walker for personal injuries _______________ 395
HR 125-Bonus to Veterans ----------------------------------------------------------------------396, 809 HR 126-State Government; committee to study efficiency of ________433, 572 HR 127-Law books to Early Superior Court ____________440, 737, 745, 784, 920
HR 128-Compensation to Louis H. Crawford for
damages to automobile -------------------------------------------------------------------- 441 HR 129-Compensation to Preston Morris for damages to automobile____ 441 HR 130-Compensation to Jackson Electric Membership
Cooperative for damages --------------------------------------------------------------- 441 HR 131-Water Law Revision Commission ______441, 485, 497, 556, 870, 885 HR 132-Committee to study laws as to commitment and
release of insane persons ______________________________455, 812, 856, 910, 920
HR 133-Hon. Mayo Davis; speedy recovery -------------------------------------------- 469 HR 134-State-wide Probation System; committee
to study ______________________________________________________________________469, 498, 811, 901
HR 135-Amendment; memorial to Congress ___________469, 572, 577, 591, 782 HR 136-Compensation toT. 0. Hamilton for damages to
auto and self ---------------- ------------------------------------------------------------------ 477 HR 137-Law books to Lanier Superior Court _________478, 528, 536, 588, 819 HR 138-Lawbooks t oOrdinary of Lanier County____478, 528, 536, 588, 819 HR 139-Law books to Ordinary of Appling
County ---------------------------------------------------------------_478, 529, 536, 588, 819 HR 140-Land conveyance to City of Thomaston
authorized ________________________________________________________478, 571, 579, 770, 920
HR 141-Compensation to Dr. Hess & Clark, Inc., for
damages to automobile ---------------------------------------------------_478, 811, 821 HR 142-Compensation to R. G. Wilkes for personal injuries ---------------- 478 HR 143-Georgia Code Annotated; revision of------------------------------------------- 479 HR 144-"White House of Augusta" _________________________513, 680, 690, 778, 920 HR 145-Uncle Remus Day, designate ________________________________513, 680, 690, 759 HR 146-Game & Fish Commission; inspection of ___________514, 672, 812, 888
HR 147-Veterans Farm Training programs; memorial
to Congress ---------------------------------------------------------------514, 682, 690, 759 HR 148-Fats Baker Chair; surplus property __________________514, 811, 821, 920
1010
IN D E X
HR 149-Mrs. A. C. Moore; speedy recovery for illness ---------------------------- 514 HR 150-Hon. Joe Jeff Moore, best wishes for speedy recovery ______________ 514
HR 151-License Tags, 5 and 4 year issues ________________________514, 577, 582, 672
HR 152-U. S. Supreme Court; protest appointment of
Judge Harlan ------------------------------------------------------------------------------------ 514
HR 153-Hon. E. L. Forrester commended ------------------------------------------515, 575 HR !54-Southern Regional Education Compact; Delaware and
W. Virginia as parties --------------------------------------------------------------515, 575 HR 155-Georgia Accrediting Commission; rescind actions ----------------------------
HR !56--Compensation to Hal S. Martin ---------------------------------------------------- 524
HR !57-Compensation to Ed. Fountain ------------------------------------------------------ 524 HR 158-Frank S. Sessoms Memorial Highway
designated ________________________________________________________524, 570, 580, 666, 920
HR !59-Compensation to Baldwin County Clerk of Superior Court and Sheriff ____________________________________________524, 572, 581
HR 160-Insurance on automobile furnished
Governor ----------------------------------------------------------525, 528, 581, 672, 920 HR 161-Conveyance of land to M. P. Sheats____525, 571, 581, 598, 799, 921
HR 162-Compensation to Middle Georgia Bottling Co. of
Macon for damages to truck ______ __________ ______________________
525
HR 163-Compensation to Union County Soils Club, Inc., for damages to property _____________________ ------------------------------- _525, 671
HR 164-Hon. John C. Durham, promote to Colonel, G. B. !.________________ 525
HR 165-Foundations; grants to schools; committee
to investigate ---------------------- __________________
-------------------
562, 811
HR 166-Cumberland Island; committee to study for use
as a State Park ___________ ------------------------------- 562, 581, 812, 857, 923
HR 167-Cotton Allotments; request government to study ____________________ 562
HR 168-National Baseball Week, proclaim ______________
______________________ 562
HR 169-Pat Griffin Memorial State Park proposed
in Brooks County
------------- 567, 663, 798, 799, 920
HR 170-Intervention of Public Service Commission in Interstate
Commerce Commission Finance Docket No. 18845
_______ 567, 738, 759, 853
HR 171-Land in Forsyth and Dawson Counties; Governor to sell ___________________________________ 567, 737, 744, 799, 799, 920
HR 172-Law books to Johnson Superior Court ________567, 737, 743, 784, 921
HR 173-Fulton County and Atlanta; committee to study
one government ---------------------------------------------------------------------------------- 567 HR 174-Compensation to C. B. Price for personal injuries __________________ 568
HR 175-Bricker Amendment; support of --------------------------------------------592, 782 HR 176--Department of Education; committee to study __________652, 671, 679
HR 177-Sale of buildings to City of Brunswick ____ 654, 681, 689, 777, 921
HR 178-Milledgeville State Hospital; Georgia State Sanitorium
Committee to inspect --------------------------------------------------------671, 811, 856 HR 179-Lowndes County; election of members of Board
of Education ______________________________________________________________________677, 809, 821
HR 180-Rules of House of Representatives; amend ________________675, 681, 703
HR 181-Hon. Steve M. Cocks; congratulate ---------------------------------------------- 705 HR 182-Law books to Barrow Superior Court _________678, 737, 743, 784, 921
HR 183-Fulton County and Atlanta; committee to investigate schools _________________________________678, 737, 744, 789, 870, 888
HR 184-Hon. E. N. Claughton; congratulate ____ --------------------------------------- 732 HR 185-Joseph Vann Highway; designate State Route 225 ____________________ 734
HR 186--Federal tariff policy; memorial to Congress; cotton __________758, 866
INDEX
1011
HR 187-Major Gen. George G. Finch commended ____________________________758, 866
HR 188-George-Barden Act; appropriations for ---------------------------------------------HR 189-Voting machines in House Chamber; committee
to study --------------------------------------------------------------------------------758, 811, 856 HR 190-Joseph Vann Highway designated ----------------------------------------759, 853 HR 191-Veterans of Foreign Wars; endorse objectives ------------------------ 759
HR 192-Hon. Chris Callier; wish speedy recovery ------------------------------------ 778 HR 193-Compensation to M. V. Parkerson for damages
to automobile -------------------------------------------------------------------------------------- 779 HR 194-Compensation to Tom Wright for cattle loss ------------------------------ 780 HR 195-Anne Collins; honor as "Miss Deep South" ---------------------------- 800 HR 196-Hon. Eli Walker; commend ------------------------------------------------------------ 800 HR 197-Gasoline; committee to study varied costs of -------------------------- 800
HR 198-Bill Drafting Unit, commend -------------------------------------------------------- 802 HR 199-Southern Bell Telephone and Telegraph Co.;
commend for excellent services ---------------------------------------------------- 802 HR 200-Speaker of House, authorized to keep office open full time______ 803
HR 201-University of Georgia and City of Athens; thank
for courtesies -------------------------------------------------------------------------------------- 806 HR 202-Compensation to Felton Smallwood --------------------------------------------- 808 HR 203-Rev. W. C. Bowen, House Chaplain, commend -------------------------- 823 HR 204-Hon. Lovett Dozier; sympathy to ------------------------------------------------ 824 HR 205-Compensation to Clerk of Superior Court of Baldwin
County and Sheriff ____ --------------------------------------------------------------------- 838 HR 206-Highway Board and Hon. John Lewis; thank for services ______ 839
HR 207-Hon. Robert L. "Bob" Scoggin; congratulate ---------------------------- 840 HR 208-Georgia Power Co.; commend________________________________________________________________
HR 209-Hon. Ed. W. Hiles; appreciation for flowers ______________________840, 866
HR 210-State Departments; thank for personnel
assisting Legislature --------------------------------------------------------------------- 841 HR 211-Condolence to family of I. H. Evans ------------------------------------------ 841 HR 212-Dispose of old prison building on highway 22 recommended____ 841
HR 213-Instructions to be given in pronouncing sentence as to effect of escape or attempt to escape ____________________________________857, 921
HR 214-Miss Frances Waldrop; wish speedy recovery ------------------------ 858
HR 215-Invitation to Gov. Griffin to address House ------------------------------ 875 HR 216-Stay-over Resolution-attaches of House ---------------------------------- 875 HR 217-Home Rule Study Committee ________________________________882, 902, 903, 911 HR 218-Pension Systems Study Committee ______________________________889, 921, 922
HR 219-Georgia Accrediting Commission; rescind certain actions ________ 894 HR 220-State Library; committee to inspect ___________________________________ 894, 896
HR 221-Shipment of Quails to President Eisenhower
authorized ___________________
_______________________________________ 901, 921
HR 222-Press, commend _________ ________________ ________________________________________________ 901
HR 223-Committee to notify Governor of adjournment sine die ___________ 908
HR 224-Adjournment, sine die -------------------------------------------------------------------- 929
SENATE RESOLUTIONS IN HOUSE
SR 3-Notify Governor Senate convened and ready for business_______ 25
SR 4-Election Returns _______________________ ------------------------------------- ______
25
SR 5-Chatuge Lake Park __________
_______________ 253, 263, 312, 804, 868
SR 6-Busts of Georgia signers of Declaration of Independence in Georgia Hall of Fame _____________________________253, 263, 443, 445, 804
SR 7-Rotunda of State Capitol designated as Georgia Hall of Fame ---------------------------- __________________________ 208, 217
1012
INDEX
SR 8-General Assembly-carry-over of pending business _________________ ___ _______________________________345, 355, 396, 404, 842
SR 9-Law books to Chatham Superior Court ______ 147, 155, 211, 237 SR 10-Condolence to family to Former Gov. John M. Slaton -------------- 85 SR 16-U. S. Supreme Court; qualifications of members ______________111, 112 SR 17-Lake Lanier State Park ------------------------------------------------------------------------SR 18-Condolence to family of Hon. Robert L. Russell ________________112, 112 SR 19-State Programs Study Committee ____________ 253, 264, 322, 371, 380 SR 20-Calhoun County Board of Education __________345, 355, 526, 536, 639 SR 21-Publication of Constitutional Amendments; committee
to study _____________ --------------------------------------------------------209, 215, 573, 796 SR 23-Douglas County Board of Education __________________345, 355, 396, 404 SR 24-Traffic safety campaigns; citizens commended ------------------------ 309 SR 25--Tobacco; control of inferior grades --------------------------------------309, 334 SR 29-Law books to Thomas County ______________________659, 670, 737, 743, 791 SR 31-Land conveyance to Johnson County
authorized ________________________________________________________446, 453, 571, 577, 837
SR 32-Georgia Commission on Education ____741, 747, 796, 812, 879, 923 SR 33-Workmens Compensation Study
Committee ______________________________404, 423, 573, 578, 673, 763, 868, 923
SR 34-Law books to Montgomery Superior
Court ------------------------------------------------------------------659, 670, 737, 743, 791 SR 36-Lt. Gov. Vandiver and Speaker Moate;
thank for dinner ________________________________________________________________________405, 433
SR 37-License to Federal Government; Magnolia State
Park ratified --------------------------------------------------------------------------------813, 834 SR 39-Services of W. & A. R. R. Committee ---------------------------------------- 531 SR 41-Cotton acreage allotments -------------------------------------------------------------- 531 SR 45-Tariff Legislation; memorial to Congress __________________________ 781, 803